Page 1 of 1
Contents Chapter 1
Constitution and Organisation of CBI
4 - 11
Chapter 2
Appointments
12 - 23
Chapter 3
Identity Cards
24 - 27
Chapter 4
Training
28 - 34
Chapter 5
Service Records
35 - 40
Chapter 6
Confirmation
41 - 42
Chapter 7
Seniority
43 - 48
Chapter 8
Annual Confidential Reports
49 - 56
Chapter 9
Promotion
57 - 62
Chapter 10
Fixation of Pay
63 - 71
Chapter 11
Termination & Resignation
72 - 73
Chapter 12
Dress Regulations
74 - 74
Chapter 13
Leave
75 - 91
Chapter 14 Chapter 15
No Objection Certificate for Higher Studies & Change 92 - 95 of Job Pension 96 - 110
Chapter 16
Decentralization of Accounts
111 - 113
Chapter 17
Delegation of Financial Powers
114 - 117
Chapter 18
Budget and Appropriation
118 - 120
Chapter 19
Allowances and Rewards/Honoraria
121 - 142
Chapter 20
Advances
143 - 161
Chapter 21
Drawal of Pay, Allowances and Honoraria
162 - 166
Chapter 22
Contingencies
167 - 167
Chapter 23
General Provident Fund
168 - 173
Chapter 24
Deposit Linked Insurance Scheme
174 - 175
Chapter 25
Welfare Measures
176 - 182
Chapter 26
Departmental Canteen
183 - 186
Chapter 27
187 - 195
Chapter 29
Medical Facilities to the Central Government Employees (including CGHS) Central Government Employees Group Insurance Scheme Accommodation
200 - 205
Chapter 30
Stores & Supplies
206 - 212
Chapter 31
Furniture
213 - 217
Chapter 32
Telephones
218 - 219
Chapter 33
Motor Vehicles
220 - 225
Chapter 34
Library
226 - 228
Chapter 35
Security Plan
229 - 241
Chapter 36
Office Procedure – Meanings of various terms
242 - 246
Chapter 37
Machinery of Government
247 - 249
Chapter 38
Dak-receipt, Registration and Distribution
250 - 252
Chapter 39
Receipt-submission and Diarisation
253 - 255
Chapter 40
Action on Receipts
256 - 266
Chapter 41
Forms and Procedure of Communication
267 - 275
Chapter 28
196 - 199
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Chapter 42
Drafting of Communication
276 - 278
Chapter 43
Issue of Drafts
279 - 288
Chapter 44
Filing System
289 - 293
Chapter 45
Indexing and Recording
294 - 302
Chapter 46
Security of Official Information and Documents
303 - 304
Chapter 47
Checks on delays
305 - 311
Chapter 48
Reports & Returns
312 - 316
Chapter 49
Inspections
317 - 325
Chapter 50
Audit
326 - 327
Chapter 51
Implementation of Instructions on Official Language
328 - 330
[Appendix I]
331 - 333
Posts sanctioned in CBI and their pay scale [Appendix II]
334 - 338
Work allocation in Administration Division [Appendix III]
339 - 344
Recruitment Rules [Appendix IV]
345 - 346
Appointment through Staff Selection Commission [Appendix V]
347 - 369
The DSPE (Subordinate Ranks) (Discipline & Appeal) Rules, 1961 [Appendix VI]
370 - 372
ADMINS Module Annexures
373 - 498
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1.
CONSTITUTION AND ORGANISATION OF CBI
1.1
Growth and Evolution of the Organisation At an early stage of the World War-II, the Government of India realised that the vast increase in expenditure for war efforts had provided opportunities to unscrupulous public servants and antisocial elements for indulging in bribery and corruption. It felt that the Police and other Law Enforcement Agencies under the State Governments were not in a position to cope with the situation. Therefore, to investigate offences connected with transactions relating to war efforts, an organization known as the Special Police Establishment was set up in 1941 under an executive order of the Central Government. The Headquarters of Special Police Establishment was established at Lahore. Its branches were created in due course at Jabalpur, Bombay, Calcutta, Delhi, Madras, Ranchi, Peshawer, Quetta and Rawalpindi. The activities of the S.P.E. were subsequently extended to include cases of corruption in Railways also.
1.2
In 1943, some doubt was felt about the legal powers of Police officers working with the S.P.E. and therefore an Ordinance was issued by the Government of India, by which a Special Police Force with powers to investigate certain offences anywhere in British India, was constituted. Even after the end of the war, the need for a Central Government Agency to investigate cases of bribery and corruption by Central Government servants was felt and therefore, the Ordinance issued in 1943, which had lapsed on 30th September, 1946 was further extended and finally ‘Delhi Special Police Establishment Act’ was enacted. After the promulgation of the Act, the superintendence of the SPE was transferred to the Home Department and its functions were enlarged to cover all departments of the Government of India. Since then the SPE functions under this Act. Its jurisdiction extends to all Union Territories and it can also be extended to the States with the consent of the State Governments concerned.
1.3
In 1953, an enforcement wing was added to the SPE to deal with the offences relating to breach of import and export regulations. With the passage of time, more and more cases under laws other than Prevention of Corruption Act also came to be entrusted to the SPE. By 1963, the SPE was authorised to investigate offences under 91 different sections of the Indian Penal Code, offences under the Prevention of Corruption Act, 1947 and 16
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other Central Acts. A growing need was, therefore, felt for a Central Police Agency at the disposal of the Central Government, which would investigate not only cases of bribery and corruption, but also cases of breaches of Central fiscal laws, major frauds relating to Government of India departments, public joint stock companies, passport frauds, crimes on the high seas, crimes on the Airlines and serious crimes committed by organized gangs or professional criminals. Therefore, the Government of India set up the Central Bureau of Investigation on Ist April, 1963. The Organization and functions of the Central Bureau of Investigation are given in the Government Resolution dated Ist April, 1963, a copy of which is placed at Annexure- I. The Delhi Special Police Establishment became one of the divisions of the CBI. The tasks to be performed by the Central Bureau of Investigation as per the Resolution were the following :i)
Investigation of offences specified by the Central Government under Section 3 of the Delhi Special Police Establishment Act (Act XXV of 1946) ii) Collection of intelligence relating to certain types of crime iii) Participation in the work of the National Central Bureau connected with the International Criminal Police Organisation iv) Maintenance of crime statistics and dissemination of information relating to crime and criminals v) Study of specialised crime of particular interest to the Government of India or crimes having All India or Inter-State ramifications or of particular importance from the social point of view vi) The conduct of Police research vii) Coordination of laws relating to crime 1.4
The organisation was strengthened in 1964 by the addition of the Economic Offences Wing vide Government of India Resolution No. 24/66/64-AVD.II dated 29.2.64. In due course of time, a Special Crime Division was also created in the organization.
1.5
In the year 1985, based on the views of the Estimates Committee of VII Lok Sabha, a committee under the chairmanship of the then Cabinet Secretary Shri P.K. Kaul was formed to review the role, functions & working of CBI, to suggest measures to tone up its working and to examine feasibility of bringing it under a single administrative hierarchy. The Committee, in its report had suggested that CBI should have three major divisions namely AntiCorruption, Special Crimes and Economic offences and other support divisions which should be placed under three Additional Directors. It also suggested strengthening of various CBI branches
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and giving CBI a firm statutory basis to enable it to discharge its functions effectively by way of amendment in the Constitution. Accordingly an order was issued in the year 1994 setting and defining the jurisdiction of branches under Anti Corruption, Special Crimes and Economic Offences Divisions1. 1.6
In the year 1997, government among its various measures to contain corruption, established a committee under the chairmanship of Shri B.G. Deshmukh, former Cabinet Secretary to examine the structure and functioning of CBI. The Committee in its report recommended that CVC be conferred statutory status and to overview CBI's functioning. It also suggested streamlining of CBI's reporting to the government without diluting its functional autonomy besides constitution of a selection committee headed by CVC with Home Secretary and Secretary (Personnel) as members for identifying a panel of names for selection of Director, CBI who was also to have a minimum tenure of two years and full freedom for allocation of work within the agency.
1.7
Pursuant to the direction of the Hon’ble Supreme Court in 340343/1993 (Vineet Narain & Others V/s Union of India), changes have been effected in the legal framework for prosecution of CBI Cases. Vide OM No. 201/5/2000-AVD.II dated 9th July, 2001, a Directorate of Prosecution has been constituted to supervise the work of prosecution by reconstituting the existing Legal Division.
1.8
On 12.09.2003, CVC Act has been notified giving CVC a statutory basis. The act, inter-alia, amended the DSPE Act, 1946 and brought the superintendence of DSPE, so far as it relates to investigation of offences alleged to have been committed under the Prevention of Corruption Act 1988, under the Commission. The Act also provides for establishment of a committee to recommend panel of officers for being considered for appointment as Director. It statutorily ensures the tenure of Director to a minimum of two years.
1.9
Over a period of time, some of the work originally allocated to the CBI was transferred to other central police organizations. Part of the work relating to Crime Records & Statistics Division was transferred to NCRB and that relating to Research Division was transferred to BPR&D.
1.10
Under the Government of India (Allocation of Business) Rules, 1961, the executive functions in respect of CBI were originally dealt
1
Policy Division Order No. 21/50/94-PD dated 26.11.1994.
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by the Ministry of Home Affairs. Subsequently, the functions were transferred to the Ministry of Personnel, Public Grievances, Pensions and Training and with effect from 30th January, 2003, CBI has been brought under the charge of the Cabinet Secretariat. 1.11
1.12
Over the years, the Central Bureau of Investigation (CBI) has emerged as the premier investigation agency of the Government of India. It enjoys the trust and credibility of the Parliament, Judiciary and the common man. In the last forty years, the organisation has evolved from an Anti-Corruption Agency to a multi-faceted, multi-disciplinary professional body. At present not only corruption cases, but a variety of offences involving threat to national security, national economy, violation of human rights and conventional crime having national and international ramifications are being entrusted to the CBI by the States, Central Government and Constitutional Courts. Organizational Structure of CBI The organisational setup has thus under gone several changes since its inception and its present set up is described in the following paragraphs. The organisational chart is placed at Annexure II.
1.13 1.13.1
Delhi Special Police Establishment Division Anti-Corruption Division : The Anti-Corruption Division is responsible for collection of intelligence with regard to corruption, maintaining liaison with various departments through their vigilance officers, enquiries into complaints about bribery and corruption, investigation and prosecution of offences pertaining to bribery and corruption and tasks relating to preventive aspects of corruption. It takes up cases against public servants under the control of the Central Government, public servants in Public Sector Undertakings under the control of Central Government and cases against the public servants working under State Government entrusted to the CBI by the State Governments. The Anti-Corruption Division is headed by an officer of the rank of Special Director/Addl. Director. It is divided into seven Anti-Corruption Zones, namely, Delhi Zone, North Zone, West Zone, Central Zone, South Zone, East Zone and Anti-Corruption (HQ) Zone. Each zone functions under the control of a Joint Director. Zones are further divided into 17 Regions each headed by a DIG. Every Region consists of 2-3 Branches, each under the charge of an SSP/SP. The Branches under the AC(HQ) Zone are designated as Central Units and have all India jurisdiction. Branches under other zones have territorial jurisdiction over one or more states / parts of the states.
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1.13.2
Economic Offences Wing : The Economic Offence Wing of CBI is headed by a Special Director/Addl. Director. It takes up cases of cheating, forgery, criminal breach of trust and large-scale frauds affecting the property or revenue of the Government, cases of smuggling in narcotics and psychotropic substances, antiquities and other economic crimes of national importance. CBI is the pioneer in the field of cyber crime. The MHA vide U.O. No.22011/1/2001 PMA dt. 9.2.2001 has nominated Cyber Crime Investigation Cell of the CBI as the nodal agency for developing national capabilities for fighting cyber crime and to develop training courses for cyber crime investigation for State Police officers. It is recognised by Interpol as the international contact point in India for reporting cyber crime.
1.13.3
The Economic Offences Wing is divided into four Zones namely EOW-I, EOW-II, EOW-III and EOW-IV Zones, each headed by a Joint Director. The Zones are divided into seven Regions each under the charge of a DIG. The Regions are further divided into 22 Branches, each headed by a SSP/SP. The Branches located at Delhi, Kolkata, Chennai and Mumbai as well as the Branches of Bank Security and Fraud Cell under (EOW-IV) Zone located at Delhi, Kolkata, Bangalore and Mumbai have territorial jurisdiction. Rest of the Branches are Central Units having all India jurisdiction.
1.13.4.1
Special Crimes Division : The Special Crimes Division handles all cases of conventional crimes such as offences relating to internal security, espionage, hijacking, murders, dacoities/robberies, dowry deaths and other IPC offences as well as offences under other laws notified under the DSPE Act. It is also responsible for investigation of crimes with interstate and international ramifications. Special Crimes Division of CBI is headed by a Special Director/Additional Director. This Division has SC I Zone, SC II Zone, Multi Disciplinary Monitoring Agency and Special Task Force under it, each headed by a Joint Director. These Zones are divided into 8 Regions, each headed by a DIG. The regions are further divided into Branches, headed by an officer of the rank of SSP/SP. Six of the Branches have territorial jurisdiction. They are located at Delhi, Chandigarh, Lucknow, Kolkata, Chennai and Mumbai. The rest are Central Units having all India jurisdiction.
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1.14
Directorate of Prosecution The Directorate was created pursuant to orders of Hon'ble Supreme Court by reconstituting the existing Legal Division of the CBI. The Directorate of Prosecution is headed by a Director of Prosecution who is an Officer appointed by the Government. The duties of the Director of Prosecution include (a) supervision and monitoring of the prosecution in courts (b) preferring in appeals, revisions etc. (c) giving advice to investigating officers on all matters relating to criminal offences during investigation and trial (d) advising on the feasibilities on filing appeals, revisions etc. (e) Preparing a panel of Special Counsels with the approval of the Government (f) Selecting retainer counsels for High Courts. Under the administrative control of the Director of Prosecution, law officers of the ranks of Additional Legal Advisors, Dy. Legal Advisors, Sr. Public Prosecutors, Public Prosecutors and Assistant Public Prosecutors function, in the CBI Branches spread all over the country.
1.15
Administration Division
1.15.1 1.15.1 The Administration Division is responsible for managing human and material resources of the organization. The main activities include recruitment, training, transfer, confirmation, promotion, deputation, absorption, disciplinary action, budget & appropriation, grant of advances, welfare, accommodation, provisioning besides work study, custody & maintenance of Annual Confidential Reports of non-gazetted officers and promotion of the use of Hindi. 1.15.2
1.16 1.16.1
The Division is headed by a Joint Director who reports to the Director/CBI through the Additional Director (E). There are three DIsG namely DIG (Administration), DIG (Personnel) and the DIG (Training) who in turn are assisted by SP (Headquarters) & Administrative Officer (A), SP (Personnel) & Administrative Officer (P) and SsP (Trg) (2) & SP (R&D) respectively who are responsible for the supervision of discharge of various duties of the Administration Division. Policy Division The Policy Division deals with formulation of policy regarding investigation of cases in CBI, scrutiny of returns and statements under the Conduct Rules of Gazetted Officers, handling of Confidential Reports of Gazetted Officers upto the rank of Superintendent of Police, compilation of periodical statistics for use
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of Cabinet Secretariat and preparation of the Annual Administration Report of the Department, formulation and review of implementation of the programme of work of the organisation, liaison with Heads of Ministries/Departments and Government Undertakings on Policy matters. There are also Special Units which are part of this Division. The function of the Special Units is collection of intelligence in respect of corruption at high places. 1.16.2
1.17
The Policy Division is headed by a Joint Director who works directly under the Director/CBI. There are two DIsG looking after the work of three Special Units located at Delhi and one each at Mumbai, Kolkata and Chennai. Each Unit is headed by a SSP/SP. Two AIsG(P) and one Dy. Principal Information Officer also function under the direct control of the Joint Director (Policy). Coordination Division
1.17.1
This division is headed by Dy. Director (Coordination), which functions under a Joint Director nominated by the Director/CBI. DD (Coordination) is assisted by two ADs (Interpol) and one AD(Coordination). The Coordination Division comprises of two Units namely, (1) Coordination and (2) Interpol.
1.17.2
Coordination Unit organises All India Crime Prevention Weeks, takes part in the organisation of DGPs/Inspector Generals of the Police, CID Conference and is also incharge of publication of CBI Bulletin.
1.17.3
Interpol - The CBI is designated as National Central Bureau India, Interpol New Delhi by the Government of India since 1966. It is the only agency recognized by Interpol Secretariat General for bilateral as well as multilateral police cooperation among the member states. Interpol, New Delhi is the interface between Indian and foreign law enforcement agencies and is responsible for multifarious activities like - extradition matters, investigation abroad and execution of foreign Letters Rogatory in India, issuance of various Interpol notices, negotiation of bilateral as well as multilateral treaties on extradition/mutual legal assistance treaties in criminal matters, coordination with the Indian States and Interpol member countries on policing related matters. Interpol New Delhi is connected globally with all member countries of Interpol, through the Interpol Global Communications System (IGCS) I-24/7, which is an Internet based communication system being installed worldwide by member nations. Interpol, New Delhi also remains in constant touch with various agencies like FRRO, Immigration check posts and state police law enforcement agencies to help track their
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absconders and fugitives as well as with various Embassies and Missions located in New Delhi and Indian Missions abroad. 1.18
Systems Division
1.18.1
The Systems Division looks after the information technology needs of the CBI. The main function of the Division is creation and operation of the ‘decision support systems’ in respect of administration and crime supervision functions of the organization. These objectives have been mainly achieved through the computerization project of 1997. By means of this Project, two comprehensive data bases viz. (i) CRIMES and (ii) ADMINS have been created. The CRIMES MODULE assists in monitoring and supervision of investigation, prosecution and RDA matters, besides supporting the computerization of Malkhanas. The ADMINS MODULE assists in decision making on administration matters. It comprises of sub-modules namely PIS (Personnel Information System), Accommodation, Budget, Pay Roll, Central Benevolent Fund, Vehicles, equipments, dead stock etc.
1.18.2
The Systems Division functions under a JD/DIG well versed with computers. Under his guidance, an officer on Special Duty (OSD), Computers looks after the work of computerization at the main Computer Centre of CBI at New Delhi. Besides officers of the ranks of Principal Systems Analyst/Sr.System Analysts, Programmers and Asstt. Programmers are posted in various Branches for performing the computerization related aspects.
1.19
Central Forensic Science Laboratory (CFSL) It is the principal forensic science institution in the country having 9 divisions under one roof at Delhi, viz. Chemistry Division, Physics Division, Biology Division, Serology Division, Documents Division, Ballistics Division, Lie Detection Division, Finger Print Division and Photo & Scientific Aid Section. This is a scientific laboratory of the Ministry of Home Affairs rendering scientific service in crime exhibit analysis in actual cases referred to it by CBI, Vigilance, State & Central Government Departments, Judiciary and State Forensic Science Laboratories.
1.20
The latest instructions on determining the jurisdiction of each Investigation Unit, Region and Zone has been given in the Circular No. 21/43/2002-PD-01307 dated May 30, 2003 of the Policy & Coordination Division, a copy of which is enclosed as Annexure -III.
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2.
APPOINTMENTS
2.1
All appointments except casual appointments in the Central Government Departments/Offices, are made on the basis of the Recruitment Rules framed under Article 309 of the Constitution of India.
2.1.1
Separate Recruitment Rules1[1] are framed for each post. These rules contain the classification of the post, conditions of service, method of appointment and pay scales attached to the posts.
2.1.2
Appointments to all Group - ‘A’ posts are made by the President of India in consultation with the U.P.S.C. Appointments to all Group - ‘B’ posts in the Central Bureau of Investigation, are made by the Director, CBI in consultation with the U.P.S.C., wherever necessary. Appointments to all Group - ‘C’ posts, except the posts of Senior Clerk Stenos, L.D.Cs, Head Constables and Constables in C.B.I., are made by the Dy. Inspector General of Police. Appointments in the posts of Senior Clerk Stenos, Lower Division Clerks, Head Constables and constables in Group - ‘C’ and all posts in Group - ‘D’ in the CBI, are made by the Superintendent of Police.
2.2
Regular appointment
2.2.1
All direct recruitment for filling up the regular vacancies in Group ‘C’ posts (Sub Inspector, Lower Division Clerk and Stenographer Grade ‘D’) are made through Staff Selection Commission.
2.2.2
A requisition in the prescribed form (Revised form circulated in Department of Personnel & Training letter No. F.2-46/86-P&P, dated 04.09.1991 Annexure-IV is to be placed on the Commission by the authorized officer of the government department. Before placing requisition, the required formalities like obtaining No Objection Certificate from the Central (Surplus Staff) Cell should be completed.
2.2.3
All vacancies in the central government establishment other than those filled through the U.P.S.C. or the Staff Selection Commission should be notified to the nearest Employment Exchange. No department or office should fill up any vacancy by
1[1]
See Appendix-III for Recruitment Rules.
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direct recruitment unless the Employment Exchange issues a non availability certificate. 2.2.4
The direct recruitment of Constables in CBI, is made on centralized basis by CBI Head Office. Their selection is made by the Committee constituted by the Director, CBI.
2.2.5
Oath of Allegiance : Every person entering government service shall take an oath of allegiance to the Constitution of India either in English or Hindi, before Head of Department/Office or a gazetted officer nominated by him.
2.2.6
Medical Examination : Every candidate for appointment to a post (including appointment on part-time basis) under government is required to produce a medical certificate of fitness from the appropriate medical authority.
2.2.7
Verification of Character and Antecedents : (a) The appointing authority should satisfy itself that the character and antecedents of the person proposed to be appointed are such that they do not render him/her unsuitable for appointment to government service. (b) Persons dismissed from service of the Central or a State government including the administration of Union Territories, should be deemed ineligible for appointment. (c) While normally a person convicted for an offence involving moral turpitude should be regarded as ineligible for government service, in cases where the appointing authority feels that there are redeeming features and reasons to believe that such a person has cured himself of the weakness, he can be considered for appointment after obtaining specific approval of the government.
2.3
Appointment on deputation basis2[2]
2.3.1
One of the modes of appointments in the CBI is by inducting officers/personnel on deputation from various State/Central Government/Public Sector Undertakings/Autonomous Bodies. Such appointments are governed by the provisions contained in the relevant Recruitment Rules of the concerned posts/ranks.
2.3.2
Appointment on deputation is for a limited period and the officer concerned is to be reverted to his/her parent cadre after expiry of the same.
2[2]Also
see D.P.&T. OM No. 2/29/91-Estt (Pay II) dated 5.1.1994 & D.P.&T. OM No. 2/8/97Estt (Pay II) dated 11.3.1998.
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2.3.3
When the field of consideration for Group ‘A’ posts consists of Central Government Group ‘A’ officers only, prior consultation with U.P.S.C. is not necessary for selection. When the field of consideration includes State Government officers also, prior consultation with the Commission is necessary before appointing a State Government officer. When the field of consideration is made more broad-based and consists of not only Central/State Government officers but also officers of non-governmental institutions, such selection shall also be made in consultation with U.P.S.C. Consultation with U.P.S.C. is also necessary for appointment of a Central Government officer who is not group ‘A’ on deputation to Group ‘A’ post.
2.3.4
According to the provisions of Recruitment Rules, 20% posts of Addl. SP, 50% of Dy.SP and 50% of Inspector are to be filled through deputation/transfer. In prosecution ranks, 25% posts of Sr. Public Prosecutor and Public Prosecutor are required to be filled on deputation/transfer basis.
2.3.5
The Officers holding analogous posts on regular basis or with six years regular service in the posts having Pay Scale of Rs. 800013500 or equivalent and possessing degree of recognized University or equivalent with 5 years experience in investigation of criminal cases, are considered for deputation to CBI as Addl. SP.
2.3.6
Similarly, the Officers holding analogous posts on regular basis or with 5 years regular service in the posts having Pay Scale of Rs.6500-10500 or equivalent and possessing degree of recognized University or equivalent with 3 years experience in investigation of criminal cases, are considered for deputation to CBI as Dy. SP.
2.3.7
The Officers holding analogous post on regular basis or officers with 5 years regular service in the pay scale of Rs. 8000-13500 with Degree in Law from a recognized University or equivalent and 8 years bar experience in conducting criminal cases are considered for induction as Sr. PP in CBI.
2.3.8
The Officers holding analogous post on regular basis or officers with 5 years regular service in the pay scale of Rs. 6500-10500 with Degree in Law from a recognized University or equivalent and 7 years bar experience in conducting criminal cases are considered for induction as Public Prosecutor in CBI.
2.3.9
The CBI branches may also identify suitable and willing officers from State Police Forces/CPMFs and send their nominations along with their service particulars to CBI, Head Office to consider their suitability for induction in CBI.
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2.3.10 An employee appointed on deputation may elect to draw either the scale of pay of the post to which he has been appointed on deputation or the basic pay in the parent cadre plus deputation allowance.
Tenure of Deputation
2.3.11 (a)
The period of deputation shall be subject to a maximum of three years in all cases except for those posts where a longer period of tenure is prescribed in the Recruitment Rules.
(b)
The Administrative Ministry/borrowing organization may grant extension beyond this limit up to one year, after obtaining orders of their Secretary (in the Central Government and Chief Secretary in the State Government), equivalent level officer in other cases where such extension is considered necessary in public interest.
(c)
The borrowing Ministries/Departments/Organizations may extend the period of deputation for the fifth year or for the second year in excess of the period prescribed in the Recruitment Rules where absolutely necessary, subject to the following conditions: (i)
While according extension for the fifth year, or the second year in excess of the period prescribed in the Recruitment Rules the directive issued for rigid application of the tenure rules should be taken into consideration and only in rare and exceptional circumstances such extension should be granted.
(ii)
The extension should be strictly in public interest and with the specified prior approval of the concerned Minister of the borrowing Ministry/Department and in respect of other organization, with the approval of the Minister of Ministry/Department with which they are administratively attached.
(iii)
Where such extension is granted it would be on the specific understanding that the officer would not be entitled to draw deputation (duty) allowance.
(iv)
The extension would be subject to the prior approval of the lending organization, the officer on deputation, and wherever necessary, the U.P.S.C/State Public Service Commission and Appointments Committee of the Cabinet (ACC).
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(d)
In cases where extension is beyond the fifth year or second year in excess of the period prescribed in the Recruitment Rules, the same would be allowed only after obtaining the approval of the Department of Personnel and Training whether Central Government is the lending organization or the borrowing organization.
(e)
For computing the total period of deputation the period of deputation in another ex-cadre post(s) held preceding the current appointment without break in the same or some other organization should also be taken into account.
(f)
If during the period of deputation the basic pay of an employee exceeds the maximum of the scale of pay of the post or the fixed pay of the post, on account of proforma promotion in his cadre under the Next Below Rule or otherwise, the deputation of the employee should be restricted to a maximum period of six months from the date on which his pay exceeds such maximum and he should be reverted to his parent department within the said period.
(g)
If during the period of deputation, on account of proforma promotion in the parent cadre under the Next Below Rule, the employee becomes entitled to a scale of pay higher than the scale of pay attached to the ex-cadre post, he may be allowed to complete the normal tenure of deputation subject to (f) above but no further extension of the period of deputation should be allowed in such cases. Deputation (Duty) Allowance
2.3.12
The Deputation (Duty) Allowance shall be admissible at the following rates : (i) 5% of the employee’s basic pay subject to a maximum of Rs.500/- per month when the deputation is within the same station. (ii) 10% of the employee’s basic pay subject to a maximum of Rs.1000/- per month in all other cases.
(i) (ii)
The Deputation (Duty) Allowance as above shall be further restricted as under: Pay + Deputation (Duty) Allowance does not exceed the maximum of the scale of ex-cadre post. Pay + Deputation (Duty) Allowance as above shall at no time exceed Rs.22,400/- per month.
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Premature Reversion of Deputationist to Parent Cadre
2.3.13
Normally when an employee is appointed on deputation, his/her services are placed at the disposal of the parent department at the end of the tenure. However, as and when a situation arises for premature reversion to the parent cadre of the deputationist, his/her services could be so returned after giving advance intimation of reasonable period to the lending department and the employee concerned. Appointment by absorption
2.4
Recruitment Rules for some posts prescribe, inter alia, ‘Absorption’ (also ‘transfer’) as a mode of recruitment. ‘Absorption’ means permanent absorption in the post. The service rendered on deputation basis cannot be taken into account for the purpose of deciding eligibility for appointment to another post in the higher pay scale on deputation basis. The eligibility for appointment on deputation basis would continue to be determined with reference to the regular service in the parent cadre/department. Ad hoc Appointment3[3]
2.5 2.5.1
3[3]Also
The Government has issued instructions to the Ministries/Departments not to make any appointments on ad-hoc basis including transfer on deputation etc. The ad hoc appointments could, however, be made in the following circumstances: (a)
Where there is an injunction by the Court/Tribunal directing that the post may not be filled on regular basis and if the final judgement of the Court/Tribunal is not expected early and the post also cannot be kept vacant.
(b)
Where the Direct Recruitment Quota has not been filled and the Recruitment Rules also do not provide for filling it up on transfer or deputation temporarily and the post cannot also be kept vacant.
(c)
In short term vacancies due to regular incumbents being on leave/deputation etc. and the officer is not available on the approved panel and the post cannot also be kept vacant.
see D.P.&T. O.M. No. 28036/8/87-Estt.(D) dated 30-3-1988
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2.5.2
The ad hoc appointments in the Central Government Departments are, therefore, generally made on the following grounds :(a)
The Recruitments Rules for the posts, are in the process of being framed,
(b)
The proposals are under consideration to amend the existing Recruitment Rules,
(c)
The Seniority position of the officers holding the post in the feeder grade, is disputed,
(d)
Adequate number of qualified candidates are not available for filling the vacancies through Direct Recruitment Quota prescribed in the Recruitment Rules. Conditions for making ad hoc appointments/promotions:
2.5.3 (a)
The total period for which the appointment/promotion may be made on ad hoc basis is limited to one year only. The practice of giving a break periodically and appointing the same person on ad-hoc basis, may not be permitted. In case of compulsions for extending any ad hoc appointment/promotion beyond one year, the approval of the Department of Personnel and Training is to be sought in at least two months in advance, before the expiry of one year period. If the approval for continuance of the ad hoc arrangements beyond one year is not received before the expiry of one year period, the ad hoc appointment/ promotion shall automatically cease on the expiry of one year term.
(b)
It should be ensured that the persons appointed are those nominated by the Employment Exchange concerned and they also fulfill the stipulation of the educational qualification/experience and the upper age limit prescribed in the Recruitment Rules.
(c)
Where the ad hoc appointment is by promotion of the officer in feeder grade, it may be done on Seniority-cum-Fitness basis.
(d)
The authority competent to approve ad hoc (d) appointments should be one level higher than the appointing authority prescribed for the post.
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Casual Appointments4[4]
2.6 2.6.1
2.6.2.1
Casual appointments are generally made in the Central Government departments for meeting the seasonal/intermittent increase in the workload. The policy regarding engagement of casual workers in the Central Government Offices has been reviewed by Government keeping in view the judgement of Hon’ble Supreme Court delivered on 17th January, 1986, in the Writ Petition filed by Shri Surinder Singh and others vs. Union of India. It has been decided to lay down the following guidelines in the matter of recruitment of casual workers on daily wage basis: (a)
Persons on daily wages should not be recruited for work of regular nature. It should be for work which is of casual or seasonal or intermittent nature or for the work which is not of full time nature or for which regular post cannot be created.
(b)
The Casual Workers may be paid only the minimum wages notified by the State Government/Union Territories administration as per Minimum Wages Act 1948.
(c)
The Casual Worker may be given one paid weekly off after six days continuous work.
(d)
The payment to the Casual Workers may be restricted only to the days on which they actually performed duties under the government with a paid weekly off. In addition, wages may also be paid for a national holiday if it falls on the working day.
(e)
While considering regularization of the services of casual workers, they may be given relaxation in the upper age limit only if, at the time of initial recruitment as a casual worker they had not crossed the upper age limit for the relevant post. For any further relaxation, prior concurrence of the Ministry of Finance and the Department of Personnel and Training, should be obtained.
(f)
Employment of the same casual labourer beyond 200 days in a year, is not permitted.
Ban on engagement of Casual Worker for 2.6.2.1 duties of Group ‘C’ post There is complete ban on engagement of Casual workers for performing the duties of Group ‘C’ posts and hence no appointment of Casual Worker, should be made for performing the duties of
4[4]
Also see D.P.&T. O.M. No. 49014/2/86-Estt.(C) dated 7-6-1988 and Ministry of Labour O.M. No. 53202/16/86-WC(MW) dated 23-8-1988
Page 19 of 19
Group ‘C’ posts5[5]. If any deviation in this regard is committed, the Administrative officer, in charge in the rank of Joint Secretary or equivalent will be held responsible for the same. Scheme for grant of Temporary Status and regularization of Casual Workers in Group ‘D’ posts6[6]
2.6.3
Temporary status would be conferred on all Casual Labourers who are in employment on 01.09.1993 and who have rendered a continuous service of one year which means they must have been engaged for a period of at least 206 days in case of offices observing 5 days week. Such confirmation of temporary status would be without reference to the creation/availability of regular Group ‘D’ post. Such Casual Labourers who acquired temporary status will not, however, be brought on to the permanent establishment unless they are selected through regular selection process for Group ‘D’ post. Procedure for filling up of Group ‘D’ posts:
2.6.4 (i)
Two out of every three vacancies in the Group ‘D’ posts in respective offices where the casual labourers have been working, would be filled up as per existing Recruitment Rules and in accordance with the instructions issued by the Department of Personnel and Training from amongst the casual labourers with the temporary status and the third post will be filled from amongst other than casual labourers.
(ii)
In case of illiterate casual labourer or those who fail to fulfill the minimum qualification prescribed for the post, regularization will be considered only against those posts in respect of which literacy or lack of minimum qualification, is not a requisite qualification.
(iii) They would be allowed age relaxation equivalent to the period for which they have worked continuously as Casual Labourers.
5[5]
(iv)
No age has been prescribed for grant of temporary status to the Casual Labourers. However, for the purpose of subsequent regularization, the conditions regarding age and educational qualifications prescribed in the relevant Recruitment Rules, will apply.
(v)
The Casual Labourer being considered for regularisation in Group ‘D’ post, should have been engaged through
Also see Ministry of Finance O.M. No. 49014/16/89-Estt.(C) dated 26-2-1990
6[6]Also
see D.P.&T. O.M. No. 51016/2/90-Estt. (C) dated 10-9-1993
Page 20 of 20
Employment Exchange. They should not be considered for appointment to regular establishment unless they get themselves registered with the Employment Exchange and render from the date of such registration, a minimum of 2 years continuous service as Casual Labourer. (vi)
2.6.5
2.7 2.7.1
On regularization in Group ‘D’ post, their pay will be fixed at the minimum of the time scale attached to the post.
Hon’ble Supreme Court of India in its judgement dated 29.04.2002 in SLP (Civil) No. 2224/2000 in the case of Union of India & another vs. Mohan Pal etc. decided that the scheme of 01.09.93 is not an ongoing scheme and the temporary status can be conferred on the casual labourers under that scheme only on fulfilling the conditions incorporated in Clause 4 of the scheme, namely they should have been casual labourers in employment on the date of commencement of the scheme i.e. 01.09.1993 and they should have rendered continuous service of at least one year i.e. at least 240 days in a year or 206 days (in case of offices having 5 days a week) on 01.09.1993. Those who have already been given ‘temporary’ status on the assumption that it is an ongoing scheme shall not be stripped of the ‘temporary’ status pursuant to this decision. The Supreme Court in the above case had also considered the question as to whether the services of casual labourers who had been given ‘temporary’ status could be dispensed with as per clause 7 as if they were regular casual labourers and observed that - “The casual labourers who acquire ‘temporary’ status cannot be removed merely on the whims and fancies of the employer. If there is sufficient work and other casual labourers are still to be employed by the employer for carrying out the work, the casual labourers who have acquired ‘temporary’ status shall not be removed from service as per clause 7 of the scheme. If there is serious misconduct or violation of service rules, it would be open to the employer to dispense with the services of a casual labourer who had acquired the temporary status”.7[7] Compassionate Appointments8[8] Object : The object of the Scheme is to grant appointment on compassionate grounds to a dependent family member of a government servant dying in harness or who is retired on medical grounds, thereby leaving his family in penury and without any
On the basis of the above decision of the Hon’ble Supreme Court, Department of Personnel & Training vide O.M. No. 40011/6/2002 (Estt) (C) dated 06.06.2002 issued clarification to all Ministries/Departments of Central Government. 8[8] (Notified by DP&T OM No. 14014/6/94-Estt(D) dated 9.10.1998) 7[7]
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means of livelihood, to relieve the family of the government servant concerned from financial destitution and to help it to get over the emergency. To Whom Applicable
2.7.2 A.
To a dependent family member of a government servant who: (i)
Dies while in service (including death by suicide); or
(ii)
Is retired on medical grounds under Rule 38 of the CCS (Pension) Rules, 1972 or the corresponding provision in the Central Civil Services Regulations before attaining the age of 55 years (57 years for Group ‘D’ Government servants).
B. Missing Government Servants: Cases of missing government servants are also covered under the scheme for compassionate appointment subject to the following conditions: (a)
A request to grant the benefit of compassionate appointment can be considered only after a lapse of at least 2 years from the date from which the government servant has been missing, provided that: (i) (ii) (iii)
An FIR to this effect has been lodged with the Police, The missing person is not traceable, and The competent authority feels that the case is genuine;
(b) This benefit will not be applicable to the case of a government servant: (i) Who had less than two years to retire on the date from which he has been missing; or (ii) Who is suspected to have committed fraud, or suspected to have joined any terrorist organization or suspected to have gone abroad. Note I : Dependent family member means: (a) (b) or
Spouse; or Son/daughter (including adopted son/daughter);
(c)
Brother/sister in case of unmarried government servant who are wholly dependent on him/her.
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2.7.3
Authority Appointments:
Competent
to
make
Compassionate
The Director, CBI being Head of the Department is competent to make such appointment. 2.7.4
Posts to which such appointment can be made : Group ‘C’ and ‘D’ posts against the direct recruitment quota.
2.7.5
Determination/Availability of Vacancies (a)
Appointment on compassionate grounds should be made only on regular basis and that too only if regular vacancies meant for that purpose are available.
(b)
Compassionate appointments can be made upto maximum of 5% of vacancies falling under direct recruitment quota in any Group ‘C’ or Group ‘D’ posts.
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3.
IDENTITY CARDS
3.1
Every Government servant shall be issued an Identity Card with his personal details to establish his identity whenever required. It is a very important document and should be in the personal custody of the government servant concerned. The Identity Cards issued by CBI are of the following kind: (i) (ii)
CBI Identity Card CBI Photo pass
Persons to whom CBI Identity Cards are issued
3.2
CBI Identity Cards are issued to all executive and prosecution staff and RSO’s working in CBI. Ministerial staff of CBI are not issued CBI Identity Card. CBI Identity Cards are issued under the signature of Administrative Officer (Accounts), CBI and counter signed by Under Secretary, Cabinet Secretariat. CBI Photo passes are issued by CBI, Head Office to all ranks in CBI9[1]. Use of CBI Identity Cards
3.3 3.3.1
CBI Identity Cards are issued in order to establish the identity of the officers holding the cards and to authorize them to seek access to all offices of the Central Government and it’s Departments, all Projects and Undertakings sponsored by the Central Government, all Defence Services Commands, Departments, Factories, all State Railway Offices, Workshops, all Ports and Aerodromes etc. for the purpose of conducting enquiries. The identity cards are issued to the RSOs to establish their identity as Railway Officer who are on duty with the CBI for detecting cases of corruption in the Railways.
3.3.2
Every identity card holder shall carry on his person his identity card while moving out on duty and shall produce it whenever required to do so by any competent authority.
9[1]
Detailed guidelines for issue of above Identity Cards and their safe custody have been
issued by CBI, Head Office from time to time ( O.M. No.5/18/61-Est dated 30.1.1962) which may be followed by all the branches.
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3.4
Supply of Blank Identity Cards Blank Identity Cards for all ranks will be supplied from the CBI Head Office to Branch offices on their demand. The Branch offices shall keep proper account of blank Identity Cards in the forms/registers prescribed for the purpose.
3.5
Issue of Identity Card Identity cards will be prepared by the branch in which the person concerned works and sent to Head Office duly completed and verified for being signed by the competent authority. No CBI Identity Card should be issued by CBI Branches. No CBI Identity Card will be issued to a person not working in CBl.
3.6
Safe custody of Identity Card The holder of the identity card is personally responsible for its safe custody.
3.7
Misuse of Identity Card Identity Cards should be made use of strictly for the purpose for which they are meant and only in the discharge of official duties. Any misuse will be viewed seriously. Identity Cards are not transferable. An official using another person’s card will render himself liable to disciplinary action. Depositing of Identity Card as security or otherwise and thereby allowing the card to fall in to unauthorised hands renders an official liable to disciplinary action.
3.8
Loss of Identity Card In case of loss of an Identity card, it is incumbent on the holder to report the loss immediately to the nearest Police station and at the same time to his office also. On receipt of information of loss of an Identity Card the branch office has to send a report to the Head Office giving full details regarding the loss of Identity Card and further action taken in the matter. Branch Office should take action for issue of a duplicate Identity card after collecting the penalty and initiate disciplinary action, if necessary against the loser. The Police authorities and the office should be informed immediately if the Identity Card reported to have been lost is subsequently found and in case a duplicate card has in the meantime been issued, it should be sent to the Head Office for cancellation.
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3.9
Penalty for the loss of Identity Card Penalty charges for loss/mutilation of Identity Cards are to be imposed as per rates prescribed from time to time. The amount of penalty once recovered is not refundable. The amount of the penalty is to be deposited in the Government Account under the head of account “XXIII-Police Misc. receipt”. In addition to the penalty fee, suitable punishment must be awarded in each case where the Identity Cards are lost on account of negligence or carelessness or due to any avoidable fault of the owner or if the owner fails to give a satisfactory explanation for the loss. An entry should be made in the register as indicated above regarding the loss of the Identity Card.
3.10
Withdrawal of Identity Cards On the occurrence of any of the events specified hereunder the Identity Card issued to a member of the SPE would stand cancelled and is to be withdrawn immediately by the Branch office/Head Office and sent to Head Office for cancellation. The date of reversion/retirement/ discharge/suspension/death/transfer of person concerned should be indicated in the forwarding letter (a) (b) (c) (d) (e) (f) (g)
Retirement Discharge from Service Suspension Repatriation to the parent department Transfer outside the Branch Death Change of designation
In case any official fails to return his Identity Card, penalty charges may be recovered besides taking any other action as deemed necessary. 3.11
Annual Physical Verification of Identity Cards The Identity Cards issued to the officers and staff should be physically checked by a responsible officer not below the rank of Dy. S.P. in respect of branches and Office Superintendent in respect of Head Office. A certificate to this effect should be sent to Head Office by the 2nd week of January every year.
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3.12
Destruction of Identity Cards All cancelled Identity Cards are to be returned to Head Office for updating the records and destruction.
3.13
Confiscation of Identity Cards The Inspector General of Police, SPE has the right to confiscate the Identity Card of any member of the SPE office without any notice or assigning any reason thereof.
3.14
Identity Cards to Central Government Pensioners The Government of India, Ministry of Personnel, Public Grievances & Pensions (Department of Pension & Pensioners Welfare) vide their OM No.41/21/2000-P&PW(D) dated 16.11.2000 have introduced Identity Cards to the Central Government pensioners. Accordingly, instructions/guidelines for issue of Pensioners Identity Card to a retired/retiring employee of Central Bureau of Investigation have been issued vide CBI, Head Office Circular No. DPAD2/2002/00158/26/3/2001 dated 06.02.2002.
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4.
TRAINING
4.1
Training is a systematic process of developing professional knowledge, skills and inculcating right attitudes in the individuals and groups that serve the organization. It is an important segment of personnel management and if properly planned and executed, training can play a highly significant role in the optimization of the performance of all constituents of the organization.
4.2
The institutional training to the CBI Officers is mostly imparted at the CBI Academy, Ghaziabad. It is supplemented by conducting some specialised courses at regional level and also by in-situ training programmes at the branch level and need based training to individual officers at reputed institutions of India and abroad10[1].
4.3 4.3.1
Basic Training Course for Dy.SsP (Probationers)/SI(cadets) CBI academy conducts Basic Training Programme for Dy. SsP (Prob)/SI (Cadets). Training syllabus for these courses is revised as per the recommendations of the Training Review Committee constituted from time to time. Main thrust of the training is on the following areas: (i) Basic Law and Procedure (ii) Crime investigation/supervision including application of science and technology in investigation (iii) Forensic Science and Forensic Medicine (iv) Police ethics (v) Behavioural Sciences and communication skills (vi) Knowledge of computers (vii) Drill, Physical Training, Unarmed Combat, Yoga etc.
4.3.2
The Course schedule of the Basic Training is as below: Dy. SsP SIs 1 Institutional Training with 7 Months 7 Months CBI Academy(Phase-I) 2 Attachment with Local Police 9 weeks 9 weeks 3
Attachment with CBI Branch
9 weeks
9 weeks
4
Institutional Training at CBI Academy (Phase-II)
15 weeks
10 weeks
5
Bharat Darshan (Educational
2 weeks
--
10[1]
See Annexure -V for different courses conducted by the Academy, target officers & duration.
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Tour) TOTAL
4.3.3
1 year & 7 weeks
The objectives of the Basic Training Programme are: (i)
(ii) (iii) (iv)
4.4
1 year &14 weeks
To generate professional knowledge and skills in the newly inducted officers to enable them to conduct indepth investigation of the cases. To orient the officers to the core values and work culture of CBI. To sensitize them to the needs and expectations of the society and to cultivate right attitude among them. To ensure high level of physical fitness to withstand the rigour and strain of duties within the CBI.
Evaluation of Performance of Course Trainees Performance of the Basic Course Trainee is evaluated through examination, project works and field training. Besides, periodical knowledge checks are conducted through quizzes, presentations, group and individual tasks etc. These are used for mid-term training reviews, identification of trainees requiring special attention and for taking correctional steps thereof. The distribution of marks to evaluate the overall performance of the Dy.SsP(Prob.) and SI (Cadets) is as under: Dy.SP(Prob)
SI(Cadets)
Sl. No.
Exams
Total Marks
Sl. No.
Exams
Total Marks
1
Marks of Phase-I
850
1
Marks of Phase-I
750
2
Marks of PhaseII
250
2
Marks of PhaseII
250
3
Assessment of Practical Training
80
3
Assessment of Practical Training
80
4
Academy Head’s Assessment
20
4
Academy Head’s Assessment
20
Total
1200
Total
1100
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Assessment
4.5
4.5.1 The basis for assessment of practical training is the performance of the trainees during the attachment with the State Police and CBI Branches, which is based on the following parameters : (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix)
Punctuality Discipline/Conduct Aptitude/Potential Performance in Malkhana and D.O. Performance in Crime Section Performance during attachment with I.O. Performance during attachment with Public Prosecutor Performance during attachment with the Presenting Officer Comments of Branch SP about overall performance during branch training
4.5.2 The Academy Head’s Assessment is done at the end of the Basic Training. The following factors shall be taken into consideration for assessment: (a) (b)
(c)
Attendance. Discipline, conduct and turnout during (i) Parade (ii) Indoor work (iii) Mess Manners (iv) Social etiquette and manners and (v) team work. Participation in training viz. (i) discussions in the class, (ii) assignments during case studies, individual presentation and (iii) participation in games and extra curricular activities (hobbies, cultural activities etc.).
4.5.3 The inter-se seniority of the trainees is decided by the order of merit in the selection list at the time of recruitment and the same is not effected by his/her training performance. 4.5.4 Besides the above, the awards for best all round performance, best indoor trainee and best outdoor trainee are given at the time of passing out parade. 4.6
Basic Training Course for Constables
4.6.1 The newly recruited Constables are imparted basic training for 6 months. The objectives of the basic training are :
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4.6.2
(i)
To acquaint the recruits with the basic features of laws and procedures relating to CBI working, organization and administration, police behaviour, police science etc.
(ii)
To impart knowledge in the areas related to jobs performed by the Constables of CBI like assistance in search, seizure, arrest, custody, trap, interrogation, handling, packing and forwarding of packages etc.
(iii)
To impart basic skills in first aid, driving, handling of equipment and other related areas of branch functioning.
(iv)
To make the recruits achieve high level of fitness, mental alertness and ability to withstand stress and strain.
(v)
To inculcate the spirit of team work, discipline and obedience.
In order to achieve the above mentioned objectives, the training is conducted in both indoor and outdoor subjects. At the end of the course, a final examination is conducted for which the minimum prescribed pass marks in each subject is 40%. Induction and Orientation Courses
4.7 4.7.1
Apart from the long-term basic courses described above in the previous paragraphs, mid-term and short-term entry level courses are conducted soon after the appointment of officers of various ranks (direct recruitment or through deputation). The objectives of these courses are :(i)
To enhance the professional knowledge and skills of the officers to enable them to contribute to the organizational objectives.
(ii)
To orient the officers to the core values and work culture of the organization.
(iii)
To sensitize the officers to the needs and expectations of the society from the organization and to cultivate the right attitude.
4.7.2 The performance of the trainees in these courses is constantly evaluated through group and individual tasks, periodical knowledge checks, syndicate studies and presentations and finally through end of the course written examinations.
4.8
Short-term In-Service Courses
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In-service and short term courses of one or two weeks duration are conducted by the Academy for the benefit of In-service officers of CBI, State Police, Anti-Corruption Bureau, Vigilance Departments of Public Sector Enterprises and Nationalised Banks. Courses are organized in all the areas concerning the functions of CBI, namely, Anti-Corruption, Economic Offences, Conventional and Terrorist Crimes, Scientific Investigation, Conducting of Departmental Enquiries, Vigilance, Cyber Crime, Computer Courses and office management. In addition, Refresher Courses are organized at periodical intervals for Executive ranks, Law Officers and Ministerial cadre for the purpose of updating their knowledge and skills, to equip them with the recent developments in the area of functioning, to re-orient them with the organizational goals and objectives and to tune them to the expectations of the government, judiciary and the society. Besides, Seminars/Workshops and Vertical Interaction Courses are organised for the senior officers of the rank of SsP and above. 4.9
Nomination to the training courses conducted by the CBI Academy The Branch SsP are required to ensure that the training needs of the officers and men working under them are totally fulfilled. The Annual Training Calendar is prepared and circulated by the CBI Academy listing the various training programmes proposed to be conducted in a calendar year. The Branch SsP are expected to nominate their officers well in advance so that their requests can be processed timely and confirmation can be made. At the time of nomination, it should be ensured that the proposed training is directly relevant to the job performed and helpful in professional development of the trainee. Sponsored Courses
4.10
In order to ensure inter-institutional and international training cooperation, CBI Academy hosts training courses for the police officers of India and other countries in various areas concerning crime investigation. These courses are sponsored by the Government, the BPR&D or the foreign police organizations. 4.11 4.11.1
Training Outside CBI Academy Need-based and cost effective training is provided to CBI Officers from time to time at reputed institutions in India and abroad. Nominations received for the other institutions of the country are processed by the CBI Academy. Nominations of the officers of the rank of SP and above are approved by the DCBI & the other Gazetted
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Officers by the JD(Admn.) and of the Non-Gazetted Officers by the DIG(Trg.). 4.11.2
4.12 4.12.1
Deputation of Police officers on training courses in foreign countries is mostly co-ordinated by the Bureau of Police Research and Development which circulates a list of such courses. The Academy further circulates the courses and seeks nominations from the eligible officers. These are then scrutinised by a Committee at the CBI Head Office and submitted for approval of the DCBI. The names of the approved officers are forwarded to the Bureau of Police Research and Development (BPR&D). Sometimes nominations are sought directly by the Ministry of Home Affairs (MHA) or DoPT. Training Methodology A periodic training needs analysis is conducted by the Academy for determining the training methodology and design of the course curriculum. In the initial phases of basic courses, the method of teaching is pedagogical, keeping in view the low level of fresh entrants. Thereafter, the lectures are supplemented by demonstrations, role plays, simulations, case studies, practical exercises and field visits. After the trainees acquire the basic knowledge in the area of functioning of CBI, they are sent for practical training in the field. After their return from the field for second phase of training, emphasis is laid on individual and group exercises, projects, group discussions, syndicate studies and presentations, analysis of case studies, etc. Class room lectures are limited to the minimum extent possible at this stage.
4.12.1 The Outdoor training is an essential course input. The level of intensity and complexity of outdoor inputs is constantly increased as the training progresses. 4.12.2 The methodology for the training of supervisory level officers is mostly through workshops, seminars, syndicate studies, analysis of case studies, presentations and experience sharing. 4.12.3 For the investigating officers and the law officers, the training methodologies adopted are lectures, demonstrations, field visits, Group and Individual exercises, group discussions, analysis of case studies, syndicate studies and presentations. 4.12.4 For the ministerial and lower subordinate staff the training methodology is mostly through lecture, demonstrations, field visits, practical exercises, simulations and role play.
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4.13
Training Research and Development Cell
Training research is one of the core training activities. Assessing the training needs of all ranks in CBI with the active association of field officers, preparation and revision of course designs, preparation and distribution of reading material, analysis of feed back and post training impact evaluation etc. are some of the activities performed by this Cell. Branch SsP are expected to provide active support for performing the tasks by the Training Research and Development Cell by providing it with the required data. The inputs from the Training Research & Development Cell forms the main basis for determining the training methodology.
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5.
SERVICE RECORDS
5.1
Service book is a record of every event occurring in the official life of a government servant. It has to be maintained for every government servant holding a permanent or a temporary post except for those who are not likely to be in service for more than one year or those holding non pensionable service (SRs 196 and 197).
5.2
Service book in form MSO(T)-27 (Revised) must be opened for all government servants from the date of entry into service and is to be maintained till he ceases to be in service. Service book also contains certain entries about events prior to entry into the service. Entries at this stage are to be recorded very carefully after consulting the original certificates. Once the service book is opened and the entries at the initial stage recorded, other entries also have to be recorded as and when the events take place. Entries regarding confirmation, suspension, reduction in rank, withholding of increments, recovery of loss, leave without pay, service break, award of President Police Medal/Indian Police Medal etc., should be made in red ink. Service book must be kept in safe custody.
5.3
All the entries made in the service book should be duly attested. There should not be erasing or overwriting in the service book. Corrections, if any, should be neatly done and properly attested. The Head of Offices are permitted to delegate powers to subordinate Gazetted officers under them, to attest entries in the service books except their own service book for which the Head of Offices are responsible (SR-199).
5.4
In CBI, different posts are filled by deputation as well as direct recruitment/promotion etc. In so far as the deputationists are concerned, service books in prescribed format of the parent department are transferred to CBI and entries with regard to the events during the tenure of their deputation are to be recorded by the concerned office at the appropriate place/part/column.
5.5
To eliminate delay in payment of pension, it shall be the responsibility of the officer maintaining the service book to make annual verification and also complete and certify the service book in respect of previous service in the twenty fifth year of service or 5 years before retirement, whichever is less. The orders of the
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competent authority, where required on the nature of service (e.g. period of leave, break in service etc.) should be obtained and recorded in the service book. Unless otherwise shown in the service book, it will be presumed that orders of the competent authority have been obtained and period of extraordinary leave, period of preceding breaks in service will be counted for pension. If any lapse or omission in observing this procedure results in overpayment, suitable disciplinary action will be taken against the authorities concerned. (Rule 32 of CCS (Pension) Rules). Maintenance of Service Book
5.6
5.6.1 5.6.1 Service Book contains two volumes:Vol.I has four parts and Appendix containing leave account. Part-I: Contains bio data and photograph. Part-II: Deals with certificates and attestation. Part-III: Records previous qualifying service and foreign service. Part-IV: Deals with the history and verification of service. Vol.II contains all the service documents which are to be certified and attested in Part-II of Vol.I. 5.6.2
Following entries / certificates are to be recorded in the service book at the time of first appointment and attested by the Head of Office or any other officer duly authorised. (i) (ii) (iii) (iv) (v) (vi)
Employee has been medically examined and found fit. His/her character and antecedents have been verified. He/she has furnished declaration of his/her not having contracted bigamous marriage. He/she has taken the oath of allegiance/affirmation to the Constitution. He/she has furnished the declaration of home town which has been accepted. The correctness of the entries against the following items of Part-I. Bio-data has been verified from original certificates furnished as valid documentary evidence for the respective purpose. - Whether a member of SC/ST. - Date of birth by Christian era and wherever possible also in Saka era (both in words and figures). - Educational qualifications.
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(vii)
Professional and technical qualification not covered by above11[1]. He/she has filed nominations for GPF and related entries have been furnished to the Account Office on various dates. He/she has furnished details of the family members. He/she has filed nominations for Death/Retirement Gratuity.
Events requiring entries in the Service Book12[2]:
5.6.3 (i) (ii)
(iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi)
Entries at the time of initial appointment. Occurrence of events involving a change in the post, station, office, scale of pay, nature of appointment, promotion, reversion, deputation, transfer on foreign service, increment, leave suspension and other forms of interruption in service. Events like stoppage of increment. Grant of personal pay for adopting family planning norms. Grant of special leave/Paternity leave. Membership of CBI Benevolent Fund. Facts of availing LTC either by Government servant or member of his family. Grant of encashment of leave during service. Allotment of GPF account number. Deputation/repatriation/absorption. Confirmation at the initial grade.
Documents to be placed in Volume - II of the Service Book13[3]:
5.6.4 (i) (ii)
(iii) (iv) (v) (vi) (vii) (viii) (ix) (x)
Relaxation of age, educational qualification (authenticated/ attested copy). Report regarding verification of character and antecedents (original). Medical certificate of fitness (original). Declaration of marital status (original). Acceptance of Home Town declaration (signed/attested copy). Oath/affirmation of allegiance. Nomination for PF, DCRG, CGEGIS, Benevolent Fund. Details of Family (Signed/attested copy). Order regarding change of date of birth (authenticated/ attested). Change of name (original).
11[1]Also
see G.I., MF, O.M. No. 3(2).E IV(A), dtd. 14.03.76 see G.O.I., MF, O.M. No. 3(v)-E IV(A), dtd. 11.03.76 13[3]Also see G.I., DP&AR, O.M. No. 28034/35/76-Estt.(A) dtd. 19.01.1977 12[2]Also
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(xi) (xii) (xiii) (xiv)
Change in home town / permanent home address (once in service life). Attested copies of certificates of age and education qualification. Condonation of break in service. Collateral evidence in respect of first service.
5.6.5 Leave Account A leave account shall be maintained in the prescribed form for each government servant and must be kept with the service book with up to date account (Rule 15 of CCS(Leave) Rules, 1972). 5.6.6 Annual Verification of Service At a fixed time, immediately after financial year is over, the service book shall be taken up for verification by the Head of Office, Annual Verification entry has to be recorded very carefully after consulting the Pay Bill Register. When the government servant is transferred from one office to another, the Head of the Office under whom he was originally posted/worked should record the verification of service in respect of the whole period or a month/date upto which pay and allowance of a government servant were drawn inter alia upto the period for which the government servant was paid in his office (GFR-81). 5.7 5.7.1
CGEGI Scheme - Form No. 13 to be pasted in the Service Book Every year in the month of January the Head of Office record a certificate in column 7 in the following form:
will
“Subscription @ Rs. _______ appropriate to group _____ of the scheme recovered from Pay & Allowances for the period from January ____ to Dec. _____.” 5.7.2
5.8
All other events in the nature of promotion, transfers on deputation / foreign service, absorption in PSU/Autonomous bodies, retirement etc. occurring during the service career of the member of the scheme shall also be recorded in the appropriate column No. 6 of the form duly attested [GI (8) - SR 199].
Inspection of Service Book Every Head of Office has to initiate action to show the service book to the government servant concerned every year and to obtain
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his signature there in token of their having inspected / seen the Service Book (SR 202).
5.9
Supply of copies of Service Book Government servant who asks for a certified copy of the service book on quitting service on retirement, discharge or resignation may be supplied with the same on payment of Rs. 5/- as copying fee.
5.10
Alteration in Date of Birth14[4] An alteration of date of birth of a government servant can be made, with the sanction of the Ministry or Department concerned of the Central Government under which the government servant is serving, if :
5.10.1
(i)
The request for alteration of the date of birth is made within a period of 5 years of his entry into government service.
(ii)
It is clearly established that a bonafide clerical mistake has occurred and should be rectified.
(iii)
The date of birth so altered would not make him ineligible to appear in any School or University or UPSC examination in which he had appeared at such examination or on the date on which he entered the government service.
Belated Claims for Alteration in date of birth to be rejected: The Government policy regarding rejection of belated claim for alteration in date of birth has been reinforced by the observations made by the Supreme Court in the judgement in Civil Appeal No. 502 of 1993 (Union of India vs. Harnam Singh). This position has to be kept in view while considering any request from a government servant for alteration in his date of birth. In other words, it will not be appropriate to consider any request for alteration in date of birth if the conditions stipulated in Note below FR 56 are not strictly fulfilled.
14[4]
Also see FR 56 - Note 6
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5.11
Nominations Nominations under different rules are required to be obtained on prescribed forms. It has to be ensured that the nominations are not only filled in properly and signed by government servant concerned but are authenticated / accepted by the officer so authorised for the purpose. In order to ensure that nominations of the concerned employee have been obtained, a list may be maintained in the following format and can be kept in the Service Book for periodical checking. Sr. Name Date of No. & posting Design. in the office
Valid nomination / declaration
GPF DCRG CGEGIS BenHome Details evolent Town of Fund Family
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6.
CONFIRMATION
6.1
As per the present instructions of the government, confirmation will be made only once in the service of an official which will be in the entry grade. However, if a government servant is appointed to another post by direct recruitment either in the same department or a different department, it will be necessary to consider him for confirmation in the new post in which he has been appointed by direct recruitment irrespective of the fact that the officer was holding the earlier post on a substantive basis.
6.2
A person appointed against a permanent post as a direct recruit with definite conditions of probation is to be confirmed in the grade with effect from the date on which he successfully completes the period of probation. The decision whether he should be confirmed or his probation extended should be taken soon after the expiry of the initial probationary period, i.e. ordinarily within 6 to 8 weeks and communicated to the employee together with the reasons in the case of extension.
6.3
Both confirmation and denial of confirmation involve assessment of the work done by the officer concerned and such assessment can best be done by the DPC. Before confirming a person, integrity clearance should always be obtained from the vigilance unit of the Ministry/Department concerned. In the case of confirmation, the DPC should not determine the relative merit of officers but it should assess the officers as ‘Fit’ or ‘Not yet fit’ for confirmation in their turn on the basis of their performance in the post as assessed with reference to their service record.
6.4
The Union Public Service Commission need not be associated with a Departmental Promotion Committee constituted for considering the cases of confirmation of officers. The proceedings of the DPC which considered the confirmation of Group ‘A’ officers, should, however, be sent to the Commission for their approval. While doing so, the cases of officers not considered fit for confirmation along with their records should be specifically referred to the Commission for their approval.
6.5
As regards consideration of cases for confirmation of officers under suspension or in respect of whom disciplinary/criminal cases are pending the same procedure, which is followed by the
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DPC in respect of promotion of government servants under cloud, should be followed. 6.6
If the Recruitment Rules do not prescribe any probation on promotion post, an officer promoted on regular basis will have all the benefits that a person confirmed in that grade would have. Where probation is prescribed, the appointing authority will on completion of the prescribed period of probation assess the work and conduct of the officer himself and in case the conclusion is that the officer is fit to hold the higher grade, he will pass an order declaring that the person concerned has successfully completed the probation. If the appointing authority considers that the work of the officer has not been satisfactory or needs to be watched for some more time, he may revert him to the post or grade from which he was promoted, or extend the period of probation, as the case may be.
6.7
Passing of typewriting test for persons appointed as LDC by promotion from Group ‘D’ or by direct recruitment through SSC or otherwise or by other methods including appointment on compassionate grounds etc. is compulsory for confirmation unless they are exempted from passing the typewriting test. They would be eligible for regularisation/confirmation in LDC grade from a date not earlier than the date of exemption or the date of the test at which they passed the typing test, as the case may be.
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7.
SENIORITY
7.1
Fixation of Seniority on Appointment and Promotion is a very important function of the Establishment Section. Correct seniority fixation facilitates smooth functioning of the organization and avoids unnecessary litigation.
7.2
Seniority to be determined by the order of merit indicated at the time of initial appointment
7.2.1
The seniority of government servants is determined in accordance with the general principles of seniority contained in M.H.A. O.M. No.9/11/55-RPS, dated the 22nd December, 1959 as amended from time to time. One of the basic principles enunciated in the said OM is that, seniority follows confirmation and consequently permanent officers in each grade shall rank senior to those who are officiating in that grade.
7.2.2
This principle came under judicial scrutiny in a number of cases in the past. In one of the important judgments delivered by the Apex Court on 2.5.1990, in the case of Class II Direct Recruits Engineering Officers' Association Vs. State of Maharashtra, the Court held that once an incumbent is appointed to a post according to a rule, seniority has to be counted from the date of his appointment and not according to the date of confirmation.
7.2.3
Accordingly, in modification of the 1959 OM the seniority of a person regularly appointed to a post is now determined by the order of merit indicated at the time of initial appointment and is not based on the date of confirmation.
7.3
Seniority of Direct Recruits and Promotees
7.3.1
The relative seniority of all direct recruits is determined by the order of merit in which they are selected for such appointment on the recommendations of the UPSC or other selecting authority. Persons appointed as a result of an earlier selection will be senior to those appointed as a result of a subsequent selection.
7.3.2
Where promotions are made on the basis of selection by a DPC, the seniority of such promotees shall be in the order in which they are recommended for such promotion by the Committee. Where promotions are made on the basis of seniority, subject to the rejection of the unfit, the seniority of persons considered fit for promotion at the same time shall be the same as the relative seniority in the lower grade
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from which they are promoted. Where, however, a person is considered unfit for promotion and is superseded by a junior, such persons shall not, if he is subsequently found suitable and promoted, take seniority in the higher grade over the junior persons who had superseded him. 7.3.3
Where persons recruited or promoted initially on a temporary basis are confirmed subsequently in an order different from the order of merit indicated at the time of their appointment, seniority would be determined by the order of merit indicated at the time of initial appointment and not according to the date of confirmation.
7.3.4
The relative seniority of direct recruits and of promotees shall be determined according to the rotation of vacancies between direct recruits and promotees which shall be based on the quota of vacancies reserved for direct recruitment and promotion respectively in the Recruitment Rules.
7.3.5
If adequate number of direct recruits do not become available in any particular year, rotation of quotas for the purpose of determining seniority would take place only to the extent of the available direct recruits and the promotees.
7.4
Seniority of Absorbees
7.4.1
The relative seniority of persons appointed by absorption to a Central service from the subordinate office of the Central Government or other departments of the Central or a State Government will normally be counted from the date of absorption. If he has, however, been holding already (on the date of absorption) the same or equivalent grade on regular basis in his parent department, such regular service in the grade shall also be taken into account in fixing his seniority, subject to the condition that he will be given seniority from the date he has been holding the post on deputation or the date from which he has been appointed on a regular basis to the same or equivalent grade in his parent department whichever is earlier.
7.4.2
Where such absorption is effected against specific quotas prescribed in the Recruitment Rules, the relative seniority of such absorbees vis-a-vis direct recruits or promotees shall be determined according to the rotation of vacancies which shall be based on the quotas reserved for absorption, direct recruitment and promotion respectively in the Recruitment Rules.
7.4.3
Where a person is appointed by absorption in accordance with the provisions in the Recruitment Rules providing for such absorption in the event of non-availability of suitable candidate by direct recruitment or promotion, such absorbee shall be grouped with direct
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recruits or promotees, as the case may be. He shall be ranked below all direct recruits or promotees, as the case may be, selected on the same occasion. 7.4.4
In case the dates of absorption of two or more persons, selected from different sources on the same occasion are the same and the seniority is given from the date of absorption, then their inter-se seniority will be determined in accordance with their inter-se order of merit15[1].
7.5
Seniority in Special Types of Cases
7.5.1
Fixation of seniority of a government servant reverted to a lower post/grade/service as a measure of penalty and subsequently promoted to a higher post In cases where a government servant is reduced to a lower service, grade or post, or to a lower time-scale, the order imposing the penalty of reduction to a lower service, grade or post or to a lower time-scale may or may not specify the period of reduction. Where the order does not specify the period of reduction and there is coupled with it an order declaring the government servant permanently unfit for promotion, the question of re-promotion will, obviously, not arise. In other cases where the period of reduction is not specified, the government servant should be deemed to be reduced for an indefinite period, i.e., such date as, on the basis of his performance subsequent to the order of reduction, he may be considered fit for promotion. On re-promotion the seniority of such a government servant should be determined by the date of promotion. In all such cases, the person loses his original seniority in the higher service, grade or post in entirety. On re-promotion, the seniority of such a government servant should be determined by the date of re-promotion irrespective of the service rendered by him in such service, grade or post prior to his reduction.
7.5.2
The more common course is to specify the period of reduction and except when it is intended to debar a government servant from promotion permanently, it is the preferable course. An order imposing the penalty or reduction to a lower service, grade or post or to a lower time scale should invariably specify: (i) the period of reduction, unless the clear intention is that the reduction should be permanent or for an indefinite period.
See judgment dated 14.12.1999 of Apex court in case of Sh.Rooplal & others vs. Lt.Governor of Delhi and also DP&T OM No.20011/1/2000-Estt.(D) dated 27.03.2001
15[1]
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(ii) whether on such re-promotion, the government servant will regain his original seniority in the higher service, grade or post or higher time-scale which had been assigned to him prior to the imposition of the penalty. 7.5.3
In cases where the reduction is for a specified period and is not to operate to postpone future increments, the seniority of the government servant may, unless the terms of the order of punishment, provide otherwise, be fixed in the higher service, grade or post or the higher time-scale at what it would have been but for his reduction.
7.5.4
Where the reduction is for a specified period and is to operate to postpone future increments, the seniority of the government servant on re-promotion may, unless the terms of the order of punishment provide otherwise, be fixed by giving credit for the period of service rendered by him in the higher service, grade or post or higher time-scale. Fixation of inter-se seniority of the staff rendered surplus and re-deployed on different occasions but in the same office
7.6
7.6.1
When an employee is declared surplus in a particular grade in an office and is re-deployed in a grade in another office, he is not allowed to count his service in his previous office towards seniority in the office where he is re-deployed16[2]. Such employees are to be treated as fresh entrants in the matter of their seniority, promotion etc.
7.6.2
When two or more surplus employees of a particular grade in an office are selected on different dates for absorption in a grade in another office, their inter se seniority in the latter office will be same as in their previous office provided that(i) (ii)
7.6.3
(i) No direct recruit has been selected for appointment to that grade in between these dates; and (ii) If there are no fixed quotas for direct recruitment and promotion to the grade in question in the new office and no promotee has been approved for appointment to that grade in between these dates.
When two or more surplus employees of a particular grade in an office are simultaneously selected for re-deployment in another office in a grade, their inter-se seniority in the particular grade, on
16[2]MHA
OM No. 9/11/55-RPS, dated the 22nd December, 1959.
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deployment in the latter office, would be the same as it was in their previous office. 7.6.4
7.7
The above orders would not be applicable in respect of personnel who are appointed on the recommendations of the UPSC to posts/services, to which recruitment is made through the Commission. Seniority of surplus officers appointed on the recommendations of the Commission will be decided on merits in consultation with the Commission17[3]. No loss of seniority of promoted SC/ST employees by virtue of rule of reservation/roster
7.7.1
The seniority of a person appointed to a post is determined according to the general Principle 5 (i) contained in MHA O.M. No.9/11/55-RPS dated 22.12.1959 and Para 2.2 in DoP&T O.M. No.22011/7/86-Estt. (D) dated 3.7.1986 read with DP&T, O.M. No.20011/5/90-Estt. (D) dated 4.11.1992. Seniority of such persons is determined by the order of merit indicated at the time of initial appointment and seniority of persons promoted to various grades is determined in the order of selection for such promotion. Thus, as per the aforementioned instructions, persons appointed through an earlier selection would en bloc be senior to those promoted through subsequent selection.
7.7.2.
This position was reviewed subsequent to the judgment of the Supreme Court, dated 10.10.1995 in the case of Union of India v. Virpal Singh Chauhan, etc. [JT 1995 (7) SC 231] and it was decided vide DP&T, O.M. No.20011/1/96-Estt.(D), dated 30.1.1997, to modify the then existing policy by addition of the proviso to general Principle 5 (i) contained in MHA (now DP&T), O.M. No.9/11/55-RPS, dated 22.12.1959 and Para 2.2 in DP&T, O.M. No.22011/7/86-Estt.(D), dated 3.7.1986, which stipulated that if a candidate belonging to the Scheduled Caste or the Scheduled Tribe is promoted to an immediate higher post/grade against a reserved vacancy earlier than his senior general/OBC candidate who is promoted later to the said immediate higher post/grade, the general/OBC candidate will regain his seniority over such earlier promoted candidate of the Scheduled Caste and the Scheduled Tribe in the immediate higher post/grade.
7.7.3.
The Government have now decided to negate the effects of the DoP&T, O.M., dated the 30th January, 1997 by amending Article 16(4-A) of the Constitution right from the date of its inclusion in the Constitution, i.e., 17th June, 1995, with a view to allow the government servants belonging to SCs/STs to retain the seniority in the case of promotion by virtue of rule of reservation. In other words,
17[3]Also see G.O.I., M.H.A. O.M. Nos. 10/1/63-Estt(D), dated the 30 November, 1963 and 9/22/68-Estt.(D), dated the 6th February, 1969.
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the candidates belonging to general/OBC category promoted later will be placed junior to the SC/ST government servants promoted earlier even though by virtue of the rule of reservation. 7.7.4.
Therefore, in pursuance of the aforementioned Constitution (Eighty-Fifth) Amendment Act, 2001, it has been decided as follows: i. (a) SC/ST government servants shall, on their promotion by virtue of rule of reservation/roster, be entitled to consequential seniority also; and (b) the above decision shall be effective from 17th June, 1995. ii. The instructions contained in DoP&T, O.M. No.20011/1/96Estt.(D), dated 30.1.1997 as well as the clarifications contained in DoP&T, O.M. No.20011/2/97-Estt.(D), dated 21.3.1997 shall stand withdrawn with effect from 30.1.1997 itself. iii. Seniority of government servants determined in the light of O.M., dated 30.1.1997 shall be revised as if that OM was never issued. (a) On the basis of the revised seniority, consequential benefits iv. like promotion, pay, pension, etc., should be allowed to the concerned SC/ST Government servants (but without arrears by applying principle of ‘no work no pay’) (b) For this purpose, senior SC/ST government servant may be granted promotion with effect from the date of promotion of their immediate junior General/OBC government servant. (c) Such promotion of SC/ST government servant may be ordered with the approval of Appointing Authority of the post to which the government servant is to be promoted at each level after following normal procedure of DPC (including consultation with UPSC). v. Except seniority, other consequential benefits like promotion, pay, etc., (including retiral benefits in respect of those who have already retired) allowed to general/OBC government servant by virtue of implementation of O.M. dated 30.1.1997 and/or in pursuance of the directions of CAT/Court should be protected as personal to them18[4].
18[4]G.I.,
Dept. of Per. & Trg., O.M. No.20011/1/2001-Estt.(D), dated the 21st January, 2002.
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8.
ANNUAL CONFIDENTIAL REPORTS
8.1
The Annual Confidential Reports of the government servants are written with a view to adjudge their performance every year in the areas of their work, conduct, character and capabilities.
8.2
The system of writing confidential reports has two main objectives. First and foremost is to improve performance of the subordinates in their present job. The second is to assess their potentialities and to prepare them for the jobs suitable to their personality. The columns of ACRs are, therefore, to be filled up by the Reporting, Reviewing and Accepting authorities in an objective and impartial manner. Timely Completion of Confidential Reports.
8.3 8.3.1
The delay in writing of the confidential reports delays holding of DPCs for promotion & confirmation, awards of PPM/PM, forwarding of applications for higher posts etc. which cause undue hardship to the employees whose cases are due for consideration. The confidential reports should, therefore, be written strictly in accordance with the following prescribed time schedule. Initiation of ACRs
Nature of Action
Date by which action is to be completed in respect of CRs to be written on the basis of Calendar year Financial Year
Distribution of Blank ACR forms to all concerned
31st Dec.
31st March
Submission of self-appraisal to Reporting Officer
15th Jan.
15th April
Submission of report by Reporting Officer to Reviewing Officer Where self-appraisal by reported officer is prescribed
6th Feb.
7th May
Where self -appraisal by reported officer is not prescribed.
21st Jan.
21st April
Where officer reported upon is himself a reporting officer for subordinates under him
21st Feb.
22nd May
Report to be completed by the Reviewing Officer and send to the CR
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Sec./Cell Accepting Authority. Where due date for Reporting Officer is 6th Feb. (Calendar year CRs) and 7th May (Financial year CRs)
22nd Feb.
23rd May
Where due date for Reporting Officer is 21 st Jan (Calendar year CRs) and 21st April (Financial year CRs)
6th Feb.
7th May
Where due date for Reporting Officer is 21st Feb. (Calendar year CRs) and 22nd May (Financial year CRs)
8th March
5th June
8.3.2
8.4
Reporting officer should not wait till the expiry of the time-limit as per the time schedule for submission of self-appraisal of the officer to be reported upon and should remind the officer to be reported upon in writing, asking him to submit the self-appraisal by the stipulated date. If the officer to be reported upon fails to submit the self-appraisal by the stipulated date, the reporting officer should obtain another blank CR form and proceed to write the report on the basis of his experience of the work and conduct of the officer reported upon. While doing so, he should also point out the failure of the officer reported upon to submit his self-appraisal within the stipulated time which should be viewed adversely. Eligibility to write a Confidential Report (i) The reporting/reviewing authority can write/review the confidential report of an officer if it has at least an experience of three months of work and conduct of the officer reported upon. The officer reported upon need not submit his self-appraisal if the period of observation of his work and conduct by the reporting officer/reviewing authority is less than three months. (ii) The period during which the officer reported upon remains on Earned Leave/Commuted Leave, should be deducted for calculating the required period of 3 months for writing of CR, because the work and conduct of the officer is actually not supervised during the leave period.19[1] (iii) If the period of observation happens to be less than three months, this fact only need to be indicated in the report or a
19[1]DOPT
ID No. 245/58/2001-AVD.II dated 21.8.2001
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non-initiation certificate in this regard may be prepared and placed in the CR dossier.
8.5
Mention of warning/reprimands There may be an occasion when a superior officer may find it necessary to criticize adversely the work of an officer working under him or he may call for an explanation for some act of omission or commission and taking all the circumstances into consideration, it may be felt that while the matter is not serious enough to justify the imposition of the formal punishment of censure, it calls for some formal action such as communication of a written warning/displeasure/reprimand. Where such a warning/displeasure/reprimand is issued, it should be placed in the personal file of the officer concerned. At the end of the period of report, the reporting officer, while writing the confidential report of the officer, may decide not to make a reference in the confidential report to the warning/ displeasure/reprimand, if, in the opinion of that authority, the performance of the officer reported on after the issue of the warning/displeasure/reprimand has improved and has been found satisfactory. If, however, the reporting authority comes to the conclusion that despite such warning/displeasure/reprimand, the performance of the officer reported upon has not improved, in that case, copy/copies of the warning/displeasure/reprimand should be placed in the CR dossier as an annexure to the confidential report for the relevant period. The adverse remark should also be conveyed to the officer and his representation, if any against the same, be disposed of, in accordance with the instructions issued by the government from time to time.
8.6
Filling up column relating to integrity Supervisory officers should maintain a confidential diary in which instances which create suspicion about the integrity of a subordinate should be noted from time to time and action to verify the truth of such suspicions should be taken expeditiously by making confidential enquiries departmentally. At the time of recording the annual confidential report, action should be taken in accordance with the following: (i) The column pertaining to integrity in the ACR should be left blank and a separate secret note about the doubts and suspicions regarding the officer’s integrity should be recorded simultaneously and followed up.
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(ii) A copy of the secret note should be sent together with the ACR to the next superior officer who would ensure that the follow-up action is expedited. (iii) If, as a result of the follow-up action, an officer is exonerated, his integrity should be certified and an entry made in the ACR. If suspicions regarding his integrity are confirmed, this fact can also be recorded and duly communicated to the officer concerned. (iv) There are occasions when a reporting officer cannot in fairness to himself and to the officer reported upon, either certify integrity or make an adverse entry, or even be in possession of any information which would enable him to make a secret report to the head of the department. Such instances can occur when an officer is serving in a remote station and the reporting officer has not had occasion to watch his work closely or when an officer has worked under the reporting officer only for a brief period or has been on long leave, etc. In all such cases, the reporting officer should make an entry in the integrity column to the effect that he has not watched the officer's work for sufficient time to be able to make any definite remark or that he has heard nothing against the officer's integrity, as the case may be. But, it is necessary that a superior officer should make every effort to form a definite judgement about the integrity of those working under him, as early as possible, so that he may be able to make a positive statement. (v) There may be cases in which after a secret report / note has been recorded expressing suspicion about an officer's integrity, the enquiries that follow do not disclose sufficient material to remove the suspicion or to confirm it. In such a case, the officer's conduct should be watched for a further period, and in the meantime, he should, as far as practicable, be kept away from positions in which there are opportunities for indulging in corrupt practices. 8.6.1
8.7
Specific mention should be made in the confidential reports of officers working in or holding charge of Top Secret / Secret Sections about their trustworthiness especially in matters affecting departmental security. Recording of Adverse Remarks in the Confidential Report No employee should be adversely affected by prejudicial reports recorded without fullest consideration. At the same time, none
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should be rewarded by excessively flattering reports which are not based on facts. With a view to enabling the Reporting Officers to make correct overall assessment of the work and conduct of their subordinates, the reporting officers are required to maintain memorandum of services in respect of each officer employed under them. All instances of good and bad work coming to the notice of the reporting officers should be promptly noted in the memo of services. The entries in the memo of services should be based on facts and documentary evidence. With a view to checking up possibilities of prejudicial reports or excessively flattering reports, the following procedure is prescribed:
8.8
a)
The memo of services should invariably be consulted at the time of writing the annual report though the report itself should necessarily be based on the employee's performance during the year as a whole.
b)
Where an adverse remark is recorded in respect of an official having consistently good record, some details regarding the same should invariably be given.
c)
The report should give a clear opinion on the main points like character, integrity, industry etc.
d)
There should be no hesitation on the part of the reporting officers to record adverse remarks in justified cases.
e)
Reporting Officers should not be in a hurry to write all the reports on one day.
Communication of Adverse Remarks in the Confidential Report (i) All adverse entries in the confidential report, both on performance as well as on basic qualities and potential should be communicated along with a mention of good points within a month of their being recorded. This communication should be in writing and a record to that effect should be kept in the CR Dossier of the officer reported upon. Only such of the adverse entries as are accepted by the countersigning authority, if any, need be communicated. (ii) “Average” may not be taken as adverse remark in respect of an officer, at the same time, it cannot be regarded as complimentary to the officer, as “Average” performance should be regarded as routine and undistinguished.
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(iii) Adverse remarks should be communicated by the reviewing officer or by the reporting officer in case there is no reviewing officer. (iv) Remarks about physical defects noted in the CR need not be communicated. (v) The grading of officers on the basis of the general remarks in the report should not be communicated, even if it is adverse. (vi) Care should be taken to ensure that the remarks are communicated in such a form that the identity of the officer making particular remarks is not disclosed. 8.9
Representation against adverse remarks (i) Only one representation against adverse remarks (including reference to ‘warning’ or communication of displeasure of the government or ‘reprimand’ which are recorded in the confidential report of the government servant) should be allowed within one month of their communication. While communicating the adverse remarks, the time limit should be brought to the notice of the officer reported upon. However, the competent authority may, in its discretion, entertain a representation made beyond this time if there is satisfactory explanation for the delay. (ii) Authority deciding the representation against the adverse remarks should be the authority superior to Accepting / Countersigning authority. (iii) All representations against adverse remarks should be decided expeditiously by the competent authority and in any case within three months from the date of submission of the representation. But this does not mean that if it is not done within this period, the adverse remarks get expunged automatically. The only provision is that when a representation has been submitted within the prescribed time-limit, no note will be taken on the adverse remarks during the period of pendency of the representation. The aggrieved employee may, however, approach the higher authorities for redressal of his grievance in this regard, if any.
8.10
Expunging of adverse remarks
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In the circumstances, where on consideration of a representation against adverse remarks, the competent authority comes to the conclusion that the remarks deserve to be expunged, it should see whether totally expunging of the remarks will leave the relevant column(s) blank, and if it finds the position to be so, it should order modification of the relevant remarks in a suitable manner so that column(s) in question does/do not remain blank.
8.11
Reporting / Reviewing of ACRs after retirement DOP & T OM No.21011/1/77-Estt dated 30.1.78 provides that where a reporting officer retires or otherwise demits office, he may be allowed to give the report on his subordinates within one month of his retirement or demission of office. This provision has been further extended vide DOP&T OM No. 21011/1/93-Estt.(A) dated 14.1.1993 to the reviewing officer also to enable him to review ACRs of his subordinates within one month after his retirement or demission of office.
8.12
Writing of reports by officers under suspension No officer under suspension should be allowed to write / review the ACRs of his subordinates if during the major part of writing / reviewing he is under suspension as he might not have full opportunity to supervise the work of his subordinates.
8.13
Writing of ACRs of officers on deputation Central Government officers who are deputed to other Department / State Government or are on foreign service, the confidential rolls should be maintained by their parent department and periodicity of such confidential reports should be the same as in the parent department. It will be the responsibility of the parent department to obtain the reports of their officers on deputation and maintain them.
8.14 8.14.1
Writing of ACRs of officers on deputation in CBI Confidential Report in respect of deputationist officers in CBI should invariably be prepared in duplicate so that one copy of the ACR may be sent to the parent department of the officer reported upon. In such ACR, complete address of State/Department from which the officer has come on deputation should also be given invariably in the relevant column of the confidential report so that one copy of the report could be sent to his parent department.
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8.14.2
DOP&T vide UO NO. 245/24/96-AVD.II dated 4.4.96 has clarified that Confidential Reports of officers on deputation to CBI from State Police Forces/CPOs/Other departments other than AIS officers, should be recorded in the ACR format prescribed for posts in CBI. Confidential Reports of AIS officers will continue to be recorded in the ACR proforma prescribed in their service.
Retention/Custody of CR Dossiers of retired government servant whose cases are pending in Courts and UPSC
8.15
The ACRs of the officers who have retired will be preserved / kept in safe custody till the time for filing of an appeal, has lapsed or till a final decision in the appeal, filed by an officer in the Court, has been taken or the promotion case of the officer is pending with UPSC20[2]. Initiation of Confidential Reports by D.Is.G (Incharge ) in
8.16 CBI 8.16.1
Policy Division in its circular No. 2/CRs/JD(P)/CBI/94/2135 dated 14.11.1994 has pointed out that in some of the regions, where the charge of DIG has been entrusted to the senior most SsP, the Confidential Reports of Superintendent of Police of that Region are being initiated by the DIsG incharge and as per Rules for initiation of Confidential Rules, it is improper. In such cases where CR is to be initiated by the DIG and where there is no regular DIG, the CRs should be initiated by the next superior authority i.e. Reviewing Authority.
8.16.2
Similar analogy may also be applied in respect of initiation of Confidential Reports by Superintendent of Police (Incharge).
8.16.3
For detailed instructions on the subject, the reporting/ reviewing/accepting authorities may refer to instructions issued by the Government and CBI from time to time.
20[2]OM
No.21011/6/2001-Estt(A) dated 14.5.2001
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9. 9.1
PROMOTION The regular promotions of the government employees are generally decided on the basis of recommendations made by the Departmental Promotion Committees. The Departmental Promotion Committees are constituted to judge the suitability of officers for (a) (b)
promotions to “Selection” as well as "Non-selection" posts assessment of the work and conduct of probationers for the purpose of determining their suitability for retention in service or their discharge from it or extending their probation and subsequent confirmation if found suitable for retention in service.
9.2
The UPSC should be associated with DPCs in respect of all Central Civil Services/posts belonging to Group 'A' where promotion is based on the principles of “Selection cum Seniority” unless it has been decided by the Government not to associate the UPSC with a Group 'A' DPC. The UPSC need not be associated in respect of the posts belonging to Group 'A', if the promotion is based not on the principles of "Selection" but on “seniority-cum-fitness” only. Whenever the UPSC is associated with a DPC, the Chairman or a Member of the Commission will preside over the meeting of the DPC.
9.2.1
Where the Recruitment/Service Rules lay down promotion as one of the methods of recruitment, some period of service in the feeder grade is generally prescribed as one of the conditions of eligibility for the purpose of promotion.
9.2.2
The eligibility dates for determining the eligibility of officers for promotion would be the first day of the crucial year, i.e. January, 1 irrespective of whether ACRs are written financial year-wise or calendar year-wise.
9.3
Zone of Consideration In the normal zone of consideration, field of choice from the eligible officers is to be kept as twice the number of vacancies + 4. However, in case the vacancies are reserved for SC/ST also, then the field of choice is to be extended upto 5 times of the number of vacancies. This zone is called as an extended zone for consideration for SC/ST. The normal zone and the extended zone for vacancies will accordingly be as follows:-
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No. of vacancies
Zone for consideration for SC/ST
1
5
5
2
8
10
3
10
15
4
12
20
5 and above
9.4
Normal Zone
Twice the number of vacancies +4
5 times the number of vacancies
Guidelines for DPCs The following guidelines are laid down to regulate the assessment of suitability of candidates by DPCs:
9.4.1 While merit has to be recognised and rewarded, advancement in an officer's career should not be regarded as a matter of course, but should be earned by dint of hard work, good conduct and resultoriented performance as reflected in the annual confidential reports and based on strict and rigorous selection process. 9.4.2 Confidential Reports are the basic inputs on the basis of which assessment is to be made by each DPC. The evaluation of CRs should be fair, just and non-discriminatory. Hence, the DPC should assess the suitability of the employees for promotion on the basis of their Service Records and with particular reference to the CRs for five preceding years irrespective of the qualifying service prescribed in the Service/Recruitment Rules. (If more than one CR has been written for a particular year, all the CRs for the relevant years shall be considered together as the CR for one year). 9.4.3 Where one or more CRs have not been written for any reason during the relevant period, the DPC should consider the CRs of the years preceding the period in question and if in any case even these are not available, the DPC should take the CRs of the lower grade into account to complete the number of CRs required to be considered as per above para. If this is also not possible, all the available CRs should be taken into account. 9.5
Principles to be observed for preparation of panel
9.5.1 In case of ‘selection’ (merit) promotion, the hitherto existing distinction in the nomenclature (‘selected by merit’ and ‘selection-cum-
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seniority) is dispensed with and the mode of promotion in all such cases is rechristened as ‘selection’ only. The element of selectivity (higher or lower) shall be determined with reference to the relevant benchmark (“Very Good” or “Good”) prescribed for promotion. 9.5.2.
The DPC shall determine the merit of those being assessed for promotion with reference to the prescribed benchmark and accordingly grade the officers as ‘fit’ or ‘unfit’ only. Only those who are graded ‘fit’ (i.e. who meet the prescribed benchmark) by the DPC shall be included and arranged in the select panel in order of their inter-se seniority in the feeder grade. Those officers who are graded ‘unfit’ (in terms of the prescribed benchmark) by the DPC shall not be included in the select panel. Thus, there shall be no supersession in promotion among those who are graded ‘fit’ (in terms of the prescribed benchmark) by the DPC21[1]. Procedure to be followed by DPC in respect of government servants under cloud
9.6
9.6.1
At the time of consideration of the cases of government servants for promotion, details of government servants in the consideration zone for promotion falling under the following categories should be specifically brought to the notice of the Departmental Promotion Committee: i. ii. iii.
Government servants under suspension; Government servants in respect of whom a charge-sheet has been issued and the disciplinary proceedings are pending; and Government servants in respect of whom prosecution for a criminal charge is pending.
9.6.2
The DPC shall assess the suitability of the government servants coming within the purview of the circumstances mentioned above along with other eligible candidates without taking into consideration the disciplinary case/criminal prosecution pending. The assessment of the DPC, including “Unfit for Promotion”, will be kept in a sealed cover.
9.6.3
The same procedure outlined in the above para will be followed by the subsequent Departmental Promotion Committees convened till the disciplinary case/criminal prosecution against the government servant concerned is concluded.
21[1]Govt.
of India OM No. 35034/7/97-Estt.(D) dated 08.02.2002.
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9.7
It has been decided that the “Sealed Cover Procedure” prescribed in the Department of Personnel and Training, OM No. 22011/4/91-Estt.(A) dated 14.9.199222[2] referred to above may be followed at the time of consideration for ad hoc promotion also in the case of government servants (i) who are under suspension; in respect of whom a charge-sheet has been issued and the (ii) disciplinary proceedings are pending; and (iii) in respect of whom prosecution for a criminal charge is pending23[3]. Processing of recommendations of DPC
9.8
The recommendations of the DPC are advisory in nature and should be duly approved by the appointing authority. A clearance from the Vigilance Section of the Office/Department should also be obtained before making actual promotion or confirmation of officer approved by DPC to ensure that no disciplinary proceedings are pending against the officer concerned. Promotion should be made strictly in the order in which the names of the officers appear in the panel. Refusal of promotion
9.9 9.9.1
When a government employee does not want to accept an offer of promotion, he may make a written request to that effect and the same will be considered by the appointing authority. If the reasons adduced for refusal of promotion are acceptable to the appointing authority, the next person in the select list may be promoted. However, since it may not be administratively possible or desirable to offer appointment to the persons who initially refused promotion, on every occasion on which a vacancy arises, during the period of validity of the panel, no fresh offer of appointment on promotion shall be made in such cases for a period of one year from the date of refusal of first promotion or till a next vacancy arises, whichever is later. On the eventual promotion to the higher grade, such government servant will lose seniority vis-a-vis his juniors promoted to the higher grade earlier irrespective of the fact whether the posts in question are filled by selection or otherwise. The above mentioned policy will not apply where ad hoc promotions against short-term vacancies are refused.
22[2]DP&T 23[3]Govt
OM No. 22011/4/91-Estt.(A) dated 14.9.92.
of India Pers. & Trg. OM No. 28036/2/98-Estt.(D) dated 23.2.99.
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9.9.2
9.10 9.10.1
In cases where the reasons adduced by the officer for his refusal for promotion are not acceptable, the appointing authority should enforce the promotion of the officer and in case the officer still refuses to be promoted, then even disciplinary action can be taken against him for refusing to obey the orders of the appointing authority. Validity of a panel The panel for promotion drawn up by DPC for 'selection' posts would normally be valid for one year. It should cease to be in force on the expiry of a period of one year or when a fresh panel is prepared, whichever is earlier.
9.10.2. The date of commencement of the validity of panel will be the date on which the DPC meets. In case the DPC meets on more than one day, the last date of the meeting would be the date of commencement of the validity of the panel. In case the panel requires, partially or wholly, the approval of the Commission, the date of validity of panel would be the date (of Commission's letter) communicating their approval to the panel. It is important to ensure that the Commission's approval to the panel is obtained, where necessary, with the least possible delay. 9.11
Assured Career Progression Scheme The Assured Career Progression Scheme for Central Government employees was introduced by the Government of India on the recommendations of the Fifth Central Pay Commission to deal with the problem of genuine stagnation and hardship faced by the employees owing to lack of adequate promotional avenues. This scheme is operational since 9th August, 1999, for group 'B', 'C' and 'D' employees only. Casual employees (including those holding temporary status), ad-hoc & contract employees are not covered in this scheme. The salient features of the scheme are: (i) The ACP Scheme provides merely placement of government servants in the higher pay scale upto Rs.14300-18300 without regular promotion. It would neither require creation of new posts nor will it have relevancy to the seniority of the government servants. (ii) The first financial upgradation under the ACP Scheme is allowed after 12 years of regular service followed by second upgradation after 12 years of regular service from the date of the first financial upgradation subject to fulfillment of prescribed conditions.
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Regular service will be counted from the grade in which an employee was approved as direct recruit. If the first upgradation gets postponed on account of the employee not found fit or due to departmental proceedings, the second upgradtion would also get deferred accordingly. In case two prior promotions on regular basis have already been received by an employee, no benefit under the ACP Scheme shall accrue to him. In case of an employee declared surplus in his/her organisation and in case of transfer including unilateral transfer on request, the regular service rendered by him/her in the previous organisation shall be counted along with his/her regular service in his/her new organisation for the purpose of giving financial upgradation under the Scheme. (iii) On upgradation under the ACP Scheme pay of an employee is fixed under the provisions of FR 22 (I) a (1) subject to a minimum financial benefit of Rs.100/- as per the Department of Personnel and Training Office Memorandum No.1/6/97-Pay.I dated July 5, 1999. The Financial benefit allowed under the ACP Scheme is final and no pay fixation benefit shall accrue at the time of regular promotion i.e. posting against a functional post in the higher grade. (iv) In the matter of disciplinary/penalty proceedings, grant of benefit under the ACP Scheme shall be subject to rules governing normal promotion. Such cases shall, therefore, be regulated under the provisions of relevant CCS(CCA) Rules, 1965 and instructions thereunder. (v) The ACP Scheme contemplates merely placement on personal basis in the higher pay-scale/grant of financial benefits only and shall not amount to actual/functional promotion of the employees concerned. Since reservations in promotion are applicable only in the cases of regular promotions, the reservation roster shall not apply to the ACP Scheme. However, at the time of regular/functional (actual) promotion, the Cadre Controlling Authorities are to ensure that all reservation orders are applied strictly. After the introduction of this scheme, the government has issued various clarifications regarding the same24[4].
24[4]For
details see GOI OM No.35034/1/97-Estt (D) dated: 9.8.99
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10.
10.1
FIXATION OF PAY
Various provisions on pay fixation have undergone rationalisation and simplification during the 80’s. The fundamental rules on these issues have been rewritten accordingly in 1989, so as to consolidate the provisions at one place. The new version of FR 22 has substituted old FRs 22, 22-C, 30 and 31. Fixation on First Appointment
10.2
The pay of the government servant on his first appointment to a post will be fixed at the minimum of the pay scale of that post. Fixation of Pay on Promotion/Appointment to a higher
10.3 post
(i) Clause (a) (1) of FR 22 (I) deals with fixation of pay of a government servant holding a non-tenure post on his appointment to another post involving assumption of higher duties and responsibilities. Such appointment may be in the normal channel of promotion or otherwise, provided the appointment or promotion is made on fulfillment of the eligibility conditions, as prescribed in the relevant Recruitment Rules. (ii) Initial pay in the time-scale of the higher post is fixed at the stage next above the notional pay arrived at by increasing his pay in respect of the lower post held by him regularly by an increment at the stage at which such pay has accrued, or Rs.100/only whichever is more. Illustrations (a) A government servant drawing pay of Rs. 7075/- w.e.f. 01.04.1996 in the pay scale of Rs. 5500-175-9000 is promoted on 01.09.1996 to a post in the pay scale of Rs. 6500-200-10500. His pay shall be fixed as given below: Notional Pay Add one notional increment Notional Pay
= = =
Rs. Rs. Rs.
7075 175 7250
The stage above this pay in the higher pay-scale is Rs. 7300/-. Thus the pay is fixed at Rs. 7300/-
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Date of next increment (D.N.I.)
=
01.09.1997.
(b) A government servant drawing pay of Rs. 2660/- in the pay scale of Rs. 2550-55-2660-60-3200 w.e.f. 01.02.1996 is promoted to a post in the pay scale of Rs. 2610-60-3150-65-3540 w.e.f. 16.03.1996. Pay
=
2660/Add one notional increment (Minimum Rs. 100/-) = 2760/Pay fixed at Next higher stage in the new pay-scale = 2790/Date of Next Increment = 01.03.1997 10.4
10.4.1
Rs. Rs.
Rs.
Option for fixation of pay under above rule from the date of next increment in the lower grade A government servant is required to exercise option within one month from the date of promotion/appointment, to have the pay fixed under the above rule from the date of promotion itself or from the date of accrual of next increment in the lower grade/post. In case he opts for the above rule from the date of next increment, his pay on promotion is fixed at a stage next above the pay in the lower grade/post. It is then refixed under the above formula from the date of accrual of next increment in the lower grade/post. Thus in the illustration (a) above, in case the government servant opts for pay fixation as per this rule from the date of next increment, his pay shall be fixed as follows: (a) On 01.09.1996 the pay of the government servant will be fixed in the higher scale at a stage next above Rs.7075/- i.e. Rs.7100/(b)
On 01.04.1997 the pay will be refixed as follows:
Pay in the lower grade on 01.04.1997 = Rs.7250/Notional pay on adding one increment of Rs.175/- = Rs.7425/Pay to be fixed at next higher stage i.e. Rs.7500/Date of next increment (DNI) = 01.04.1998
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10.4.2
Thus on comparing the position, it is seen that the government servant starts drawing pay of Rs.7500/- from an earlier date i.e. w.e.f. 01.04.1997, if he opts for pay fixation under the rule from date of next increment (01.04.1997), as against from 01.09.1997 under the previous option.
10.4.3
Option once exercised by the government servant will be final & cannot be changed. In case the government servant does not exercise the option within one month of his promotion his pay has to be fixed in the scale of the promoted post at the stage above the notional pay arrived at by increasing the pay in the lower post by one increment.
10.4.4
This option is not admissible to the government servant who is appointed: a) b) c)
to an ex-cadre post on deputation basis. to a post on ad-hoc basis. to a post on direct recruitment basis.
10.4.5
However, if the ad-hoc promotion is followed by a regular appointment without break, the government servant can exercise option within one month from the date of such regular appointment and the option shall be admissible from the date of initial appointment/promotion. Thus, if he opts for fixation of his pay under this rule from the date of his next increment, his pay shall be re-fixed from initial date of appointment at a stage next above his pay in the lower-grade and under this rule from the date of next increment.
10.4.6
For the purposes of pay-fixation, FR 22 III clarifies that an appointment to another post on the same scale of pay or on identical scale of pay does not involve the assumption of higher duties and responsibilities. In other cases, decision of the administrative head has to be obtained. In case the posts belong to different departments, the decision of the Government of India is to be obtained.
10.4.7 As already mentioned, the provisions contained in the previous paras are applicable in case of appointment made to a higher post subject to fulfillment of eligibility conditions in the Recruitment Rules. In the case of appointment made without fulfilling the eligibility criteria, the pay is to be fixed under the above provisions and restricted under FR 35. Such appointment may be on promotion or otherwise.
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Treatment of Special Pay for purpose of fixation of pay on promotion
10.5
When the special pay is granted for specific addition to duties or for arduous nature of work, the pay in the higher post is fixed with reference to pay drawn in the lower post and special pay does not count towards such pay. However, if the pay so fixed in the higher post happens to be less than the pay plus special pay being drawn in the lower post at the time of promotion, the difference is protected as personal pay subject to the following conditions: i)
ii) iii)
10.6
It must be certified that but for his appointment to the other post, the government servant would have continued to draw special pay. The protection will only be for so long as the government servant could have continued to draw the special pay. The personal pay will be absorbed in subsequent increases of pay. Fixation of Pay on appointment to another post not involving higher duties & responsibilities
Sub-clause (2) of FR 22 I deals with fixation of pay on appointment, from one post to another, when such an appointment does not involve assumption of higher duties and responsibilities. Pay is fixed at the same stage in the new-scale, as is being drawn in the earlier post on the date of such appointment. However, if there is no such stage in the new-scale, his pay will be fixed at the next higher stage. While in the earlier case his date of increment remains the same, in the latter case his date of next increment will be on the Ist of the month in which he completes 12 months of appointment to a new post. Illustrations (a) A government servant drawing pay of Rs.15000/- w.e.f. 01.07.1996 in the pay scale of Rs.12000-375-16500 is appointed to another post in the pay scale of Rs.14300-400-18300 from 01.02.1997. As there is no stage as Rs.15000/- in the new scale, his pay will be fixed at Rs.15100/- with the date of next increment as 01.02.1998. On such appointment, the government servant has the option to come over to the new-scale from the date of his appointment to such post or from the date of his next increment in the earlier post.
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(b) In the above case, if he opts to come over to the new pay-scale from the date of his next increment, his pay will be fixed as follows: From 1.2.97 to 30.6.97 he will draw Rs.15000/in earlier pay-scale Pay on the date of next increment in the lower pay-scale (01.07.1997) Rs.15375/Pay to be fixed in the new scale Rs.15500/(At the next higher stage there is no stage as Rs. 15375/-) Date of next increment 01.07.1998
=
= =
=
(c) A government servant drawing pay of Rs.5750/- w.e.f. 01.05.1996 in the scale of Rs.5000-150-8000 is appointed on his own request on 01.01.1997 to the post carrying the scale of Rs.4500-125-7000. His pay will be fixed at Rs.5750/- (same stage) in the lower pay scale, with D.N.I as 01.05.1997. In case he opts for the new pay-scale from date of next increment i.e. 01.05.1997 (in the old pay-scale), he will continue to draw Rs.5750/- in the old pay-scale till 30.04.1997. From 01.05.1997 his pay will be increased to Rs.5900/- in the pay-scale of Rs. 5000-150-8000. As there is no stage as Rs. 5900/- in the pay scale of Rs.4500-1257000, his pay will be fixed at the next higher stage, i.e. Rs.6000/and date of next increment shall be 01.05.1998. In the above case if the pay of government servant is Rs. 7400/- instead of Rs.5750/- in the earlier post, his pay will be fixed at Rs. 7000/- only, i.e. the maximum of the pay-scale of the lower post [FR 22 I(a) 3]. 10.7 10.7.1
Fixation of pay on appointment on deputation An employee appointed on deputation/foreign service may elect to draw either the pay in the scale of pay of deputation/foreign service post or his basic pay in the parent cadre plus deputation (duty) allowance thereon plus personal pay, if any. The borrowing authority should obtain the option of the employee within one month from the date of joining the ex-cadre post unless the employee has himself furnished the option.
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10.7.2
10.7.3
The option once exercised shall be final. However, the employees may revise the option under the following circumstances which will be effective from the date of occurrence of the same: (a)
when he receives proforma promotion or is appointed to nonfunctional selection grade in his parent cadre;
(b)
when he is reverted to a lower grade in his parent cadre;
(c)
when the scale of pay of the parent post on the basis of which his emoluments are regulated during deputation/foreign service or of the ex-cadre post held by the employee on deputation/foreign service is revised either prospectively or from a retrospective date.
Based on the revised/same option of the employees, in the event of proforma promotion/appointment to non-functional selection grade, revision of scales of pay in the parent cadre, the pay of deputationists will be refixed with reference to the revised entitlement of pay in the parent cadre. However, if the initial option was for the pay scale of the deputation post and no change in option already exercised is envisaged, the pay already drawn in deputation post will be protected if the pay refixed is less. If the pay of an employee in his cadre post undergoes downward revision, the pay in the ex-cadre post is also liable to be refixed on the basis of revised pay and in accordance with the revised option or existing option, if the employee does not revise his option. Deputation (Duty) Allowance
10.8
10.8.1 The deputation (duty) allowance shall be admissible at the following rates: (a) 5% of the employee's basic pay, subject to a maximum of Rs.500/- p.m. when the deputation is within the same station. (b) 10% of the employee's basic pay, subject to a maximum of Rs.1000/- p.m. in all other cases. 10.8.2 The deputation (duty) allowance as above shall be further restricted as under: (i)
Pay plus Deputation (Duty) Allowance does not exceed the maximum of scale of pay of ex-cadre post;
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(ii)
(iii)
In the case where pay scales are dissimilar, then pay plus deputation (duty) allowance plus DA/ADA/IR etc. does not exceed the pay at the maximum of ex-cadre post plus DA & IR etc. thereon. Pay plus deputation (duty) allowance as above shall at no time exceed Rs.22400/- p.m. Note: The term "same station" for this purpose will be determined with reference to the station where the person was on duty before proceeding on deputation. Note: When there is no change in the headquarters with reference to the last post held, the deputation should be treated as within the same station and when there is change in headquarters it would be treated as not in the same station. So far as places falling within the same urban agglomeration of the old headquarters are concerned, they would be treated as transfer within the same station.
10.8.3
Special rates of deputation (duty) allowance may be admissible under separate orders in any particular area on account of the condition of living there being particularly arduous or unattractive. Where special rate is more favourable than that under what is mentioned above, employees deputed to the area will be given the benefit of the special rate.
10.8.4
Whenever extension of the period of deputation for the fifth year or the second year in excess of the period prescribed in the Recruitment Rules is granted, it would be on the specific understanding that the officer would not be entitled to draw deputation (duty) allowance. The officers who opted to draw pay in the scale of the ex-cadre post shall, however, continue to draw pay in that scale during the extended tenure also.
10.8.5
If any employee with the permission of the competent authority proceeds on deputation/foreign service from one ex-cadre post to another ex-cadre post in the same or another organization without reverting to his parent cadre, and if the second ex-cadre post is at the same station as the first ex-cadre post, then the rate of deputation (duty) allowance would remain unchanged.
10.8.6
In case where a person on deputation/foreign service is transferred by the borrowing authority from one station to another without any change in the post held by him, the rate of deputation
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(duty) allowance will remain the same as was decided at the time of initial posting and will not undergo any change. Admissibility of other allowances and benefits while on deputation/foreign service
10.9
10.9.1
Any project allowance admissible in a project area in the borrowing organization may be drawn in addition to deputation (duty) allowance.
10.9.2
Any special pay (now Special Allowance) granted to an employee in the parent department under FR 9 (25) or a corresponding rule of parent organization should not be allowed in addition to deputation (duty) allowance. However, the borrowing department may allow in addition to deputation (duty) allowance under special circumstances any special pay attached to the post held by the employee in his/her parent department, by suitably restricting the deputation (duty) allowance. This will require the specific and prior approval of Department of Personnel & Training.
10.9.3
In case special pay is attached to the scale of pay of the excadre post and the employee has opted to draw pay also in that scale, in addition to his pay in that scale, he will also be entitled to draw such special pay. However, such special pay will not be admissible if he has opted to draw grade pay plus deputation allowance.
10.9.4
Personal pay, if any, drawn by an employee in his parent department will continue to be admissible on deputation/foreign service, if he opts to draw grade pay plus deputation allowance. No deputation allowance on this personal pay will, however, be admissible.
10.9.5
Increments: The employee will draw increment in the parent grade or in the grade attached to the deputation post, as the case may be, depending on whether he has opted for his own grade pay plus deputation (duty) allowance or the time-scale of the deputation post. If he has opted for time scale of the deputation post, notional increment shall also continue to accrue to him in the post held on regular basis in parent cadre/organization for the purpose of regulation of pay on reversion back to parent post at the end of tenure. 10.9.6
(a) Such allowance as are not admissible to regular employees of corresponding status in the borrowing organization, shall not be admissible to the officer on
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deputation/foreign service, even if they were admissible in the parent organization. (b) Following allowances will be regulated with mutual consent of the lending and borrowing organizations: (i) (ii) (iii) (iv) (v)
HRA/CCA. Joining Time and Joining Time pay. Travelling Allowances and Transfer T.A. Children Education Allowance. LTC.
(c) Following allowance/facilities will be regulated in accordance with the rules as explained against each: (i)
Dearness Allowance : The employee shall be entitled to dearness allowance at the rates prevailing in the borrowing organization or in the lending organization depending on whether he has opted to draw pay in the time-scale of the ex-cadre post or his own grade plus deputation (duty) allowance.
(ii)
Medical Facilities : This will be regulated in accordance with the rules of the borrowing organization.
(iii) Leave : An officer on deputation/foreign service shall be regulated by the Leave Rules of the parent organization. If, however, an employee proceeds from vacation department to non-vacation department, or vice versa, he shall be governed by Leave Rules of the borrowing organization. At the time of reversion from the deputation post to the parent cadre, the borrowing organization may allow him/her leave not exceeding two months. The employee should apply for further leave to his cadre controlling authority.
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11.
TERMINATION & RESIGNATION
11.1
Termination of service of Temporary Government Servants
11.1.1
The conditions of service of temporary government servants are governed by the provisions in the Central Civil Services (Temporary Service) Rules, 1965. The services of a temporary government servant can be terminated under Rule 5(1)(a) of these rules which reads as under:
11.1.2
“Rule 5(1)(a) - The services of a temporary government servant shall be liable to termination at any time by a notice in writing given either by the government servant to the appointing authority or by the appointing authority to the government servant; and ( b) the period of such notice shall be one month.” (i) The notice shall be delivered or tendered to the government servant in person. Where personal service is not practicable, the notice shall be (ii) served on such government servant by registered post acknowledgment due at the address of the government servant available with the appointing authority. (iii) If the notice sent by registered post is returned unserved, it shall be published in the official gazette and upon such publication, it shall be deemed to have been personally served on such government servant on the date it was published.
11.2
Resignation from service
11.2.1
Resignation must be tendered to the appointing authority in respect of the service or post in question, who is competent to accept it. It should be clear and unconditional. Resignation from service will generally be accepted straightaway. However, before acceptance of resignation, prior vigilance clearance from the competent authority is mandatory.
11.2.2
Resignation from service or a post, unless it is allowed to be withdrawn in public interest by the appointing authority, entails forfeiture of past service except in the cases for taking up another appointment whether temporary or permanent with proper permission under the government. If a government servant applied for the post in the same or another department through proper channel and on
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selection, he/she is required to resign from the previous post for administrative reasons, it is to be treated as technical resignation and the past service is to be taken as qualifying service for the purposes of pension etc. The past service of such government servant also entitles him the benefits of fixation of pay and the leave due to his/her credit on the day of resignation. In all cases of acceptance of resignation, the competent authority shall insist, as a mandatory measure, prior vigilance clearance, before taking decision on the request for resignation. When an authority refers a case for vigilance clearance, the authority competent to accord vigilance clearance should ensure expeditious consideration of the request. For the purpose of expeditious disposal of cases of resignation/termination, the check list (placed at Annexure-VI) prescribed by G.I. MHA, DP&AR OM No. 24011/1/76-Estt(B) dated 17.05.76 may be adopted.
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12.
DRESS REGULATIONS
12.1
No uniform is specially prescribed for CBI officers and personnel. They can wear plain clothes while on CBI duty.
The
clothes, however, should be neat and tidy. For ceremonial occasions, CBI officers should be in national dress. IPS Officers on deputation to CBI and other officers on deputation from State Police Forces etc. and in receipt of uniform allowance should maintain the uniform of IPS or the parent force. When they are deputed for law and order duty in any organization outside CBI, they should put on such uniform. If they are, however, deputed for plain clothes duty outside the CBI, they should work in plain clothes.
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13. 13.1
LEAVE Provisions relating to leave in respect of central civil government servants are available in Central Civil Services (Leave) Rules, 1972 which have come into effect from 01.06.1972. The general conditions regarding grant of leave are given below:(i)
Leave can not be claimed as of right [Rule 7(1)].
(ii)
Leave of any kind taken earlier can be converted into leave of any other kind at a later date on an application made within 30 days of joining duty after leave, by the employee and at the discretion of the leave sanctioning authority subject to adjustment of leave salary (Rule 10 as amended vide DoPT Notification No. 14015/2/97Estt(L) dated 31.12.1997). This facility can be availed only if the employee is in service and not after retirement25[1].
(iii)
If leave is applied on medical grounds, the employee should produce (a) In case of CGHS beneficiary and living in an area covered by the CGHS at the time of illness - a medical/fitness certificate in the prescribed proforma from a CGHS Doctor/Government Hospital. (b) In case a government servant who is not a CGHS beneficiary/who has opted out of the CGHS/who though a CGHS card holder is not residing in an area covered by CGHS - a medical/fitness certificate from his Authorised Medical Attendant. (c) In case of hospitalisation/indoor treatment for a particular disease (e.g. heart, cancer etc.) permitted in a recognised private hospital - a medical/fitness certificate from the authorised doctor of such hospital. (d) In case of emergency where a non-gazetted government servant finds it difficult to obtain a medical
25[1]MHA
DP&AR O.M. No. P/12025/2/81-Estt(L) dtd. 02.12.1981
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certificate from CGHS/AMA, he may obtain a certificate from an RMP26[2]. (iv)
Leave sanctioning authority may (a) Refuse or revoke any kind of leave [Rule 7(2)]. (b) Commute retrospectively periods of absence without leave into extra ordinary leave [Rule 32(6)] and (c) Secure second medical opinion, if needed, when leave is applied on medical grounds [Rule 19(3)].
26[2]
(v)
Leave sanctioning authority cannot alter the kind of leave due and applied for [Rule 7(2)].
(vi)
Earned leave should not ordinarily be denied to any employee especially in the last 10 years of his career27[3].
(vii)
No leave of any kind can be granted for a continuous period exceeding 5 years except with the sanction of the President [Rule 12].
(viii)
Any kind of leave may be granted in combination with or in continuation of any other kind of leave except Casual Leave [Rule No. 11].
(ix)
When the period of leave is preceded or followed by holiday(s) /Sunday/ Saturday/Restricted Holiday then such holidays shall not be counted as leave. In other words, the employee shall be deemed to have been permitted on such holiday(s) without taking leave28[4].
(x)
An employee on leave (including leave preparatory to retirement) shall not return to duty during the period of leave except with the permission of the competent authority [Rule 24 (1) & (2)].
(xi)
An employee on leave should not take up any service or employment elsewhere without prior sanction from the competent authority [Rule 13].
(xii)
An employee on leave on medical ground will be allowed to return to duty only on production of medical
Effective from 01.09.2000 vide DoP&T O.M. No. 13015/3/2000-Estt(L) dtd. 24.08.2000
27[3]DoPT 28[4]MHA
O.M. No. 14028/19/86-Estt.(Leave) dated 29.09.86 O.M. No. 20/37/60-PUB(i) dtd. 07.10.1960 and Rule 22
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certificate of fitness in accordance with (iii) above [Rule 24(3)]. (xiii)
If an employee overstays after leave without prior sanction(a) The period of overstay will be debited to half-pay leave account to the extent HPL is available and the balance period of overstay, if any, left out will be treated as EOL [Rule 25(1)]. (b) the entire period of overstay will not be counted for increment unless such period is commuted as Extra Ordinary Leave and the EOL is specially allowed to count for increment. (c) The employee will not be entitled for leave salary for the whole period of overstay.
(xiv) Wilful absence from duty after the expiry of the leave may entail disciplinary action against the employee [Rule 25(2)].
13.2
(xv)
For the purpose of leave, persons re-employed after retirement shall be treated as if employed for the first time [Rule 34].
(xvi)
If the employee intends to go abroad during leave, the leave sanctioning authority shall take prior approval for permitting the officer to go abroad29[5]. Earned Leave
(i) Credit to the EL account of the employee will be made as under: (a) On entering the service 2.5 days per month for each completed calendar month from the date of joining to the immediately following 1st January /1st July rounding up to the nearest full day [Rule No. 27(1)]. (b) Thereafter, 15 days E.L. is credited on 1st July and 1st January every year i.e. 30 days E.L. for each completed year of service [Rule 26(1)(a)].
29[5]CBI
HO Circular No. DPWSU2003/00907/14/6/2003 dated 18.9.2003
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(c) On the date of retirement/removal from service/dismissal/death while in service @ 2.5 days per month for each completed calendar month in the relevant half year, rounding up to the nearest full day shall be credited [Rule 27(2)] and (d) Whenever joining time is not fully utilised for the reasons that the employee is ordered to join the new post at a new place of posting without availing of full joining time to which he is entitled or the employee proceeds alone to the new station without availing full joining time and later takes his family within permissible time for claiming TA for the family, the joining time admissible subject to a maximum of 15 days, as reduced by the number of days actually availed shall be credited to E.L. account. However, the total credit of E.L. and unutilised joining time shall not exceed 300 days [26(1)(a)]. The one day joining time for transfer in the same station if not utilised cannot be credited to E.L. Account. (ii)
The E.L. to the credit of an employee at the end of previous half year shall be carried forward to the next half year and accumulated upto a maximum of 300 days [Rule 26(1)(b)].
(iii)
When the credit of E.L. at the start of any half year results in the total accumulation of E.L. being more than 300 days, the 15 days E.L. for that half year shall be kept separately and set off against the leave availed during that half year [Rule 26(1)(b) proviso].
(iv)
E.L. Account of the employee will be debited: (a)
To the extent E.L. is availed of.
(b) If a government servant has availed of extraordinary leave and/or some period of absence has been treated as dies non in a half-year, the credit to be afforded to his leave account at the commencement of the next half-year shall be reduced by one tenth of the period of such leave and/or dies non subject to maximum of 15 days. (Rule 27(3) r/w DP&AR UO No. 397-LO/80 dated 22.5.80).
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(v)
E.L. can be availed upto: (a)
180 days at any one time [Rule 26(2)].
(b) 300 days in case retirement [Rule 38(1)].
of
leave
preparatory
to
(c) 300 days in case of Group ‘A’ Officers if the entire leave or a portion of it is spent outside India, Bangladesh, Bhutan, Burma, Sri Lanka, Nepal and Pakistan provided out of the leave so granted, the leave spent in India does not exceed 180 days [Rule 26(3)]. (vi)
Earned Leave (and half pay leave) to the credit of an employee who is dismissed or removed or who resigns from the service ceases from the date of such dismissal/removal or who resigns except in following circumstances: (a) When an employee resigns from his post before taking up a new post under the Government of India. (b) When an employee dismissed/removed service is reinstated on appeal or revision.
from
(c) When an employee having retired on compensation or invalid pension or gratuity is reemployed [Rule 9]. (vii)
Leave salary for earned leave will be equal to pay for the period of leave based on pay drawn immediately before proceeding on leave [Rule 40(1)]. Half Pay Leave (HPL)
13.3 (i)
Credit to the HPL Account is made in advance as under: (a) On entering the service 5/3 days per month for each completed calendar month from the date of joining to the immediately following 1st January/1st July rounding up to the nearest full day [Rule 29(2)(a)].
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(b) Thereafter, 10 days on each 1st July and 1st January every year i.e. 20 days HPL for each completed year of service [Rule 29(1)] and (c) On the date of retirement/ resignation/removal from service / dismissal/ death while in service @ 5/3 per month for each completed calendar month in the relevant half year rounding up to the nearest full day [Rule 29(2)(b)(c)]. (ii)
Debit to HPL Account is made: (a) To the extent it is availed. (b) When the commuted leave is availed - double the number of days so availed [Rule 30(1)(d)]. (c) When the employee avails leave not due [Rule 31(1)(c)]. (d) 1/18th of the period of dies non in a half year subject to a maximum of 10 days shall be reduced from the half pay leave to be credited for the next half of year (Rule 29(2)(d)]. (e) When the employee overstays after leave without prior sanction, number of days he so overstays [Rule 25].
(iii)
HPL can be (a) Availed with or without medical certificate {Rule 29(4)]. (b) Converted into full pay leave as commuted leave if leave applied for is on medical ground [Rule 30(1)] or (c) Converted into full pay leave as commuted leave upto a maximum of 180 days during the entire service to be utilised for approved study course [Rule 31(1)(a)].
(iv)
HPL to temporary employee can be granted on satisfaction of the sanctioning authority that the employee will return to duty on expiry of the leave. But this benefit is not available in case of an employee declared completely and permanently incapacitated for further service [Rule 29(5) proviso].
(v)
Leave salary will be half of the amount of leave salary on EL [Rule 40(3)].
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13.4
Commuted Leave (i)
Commuted leave can be taken (a) with medical certificate upto a maximum of one half of the amount of HPL due to an employee [Rule 30(1), (b)
without medical certificate: -
upto a maximum of 180 days during the entire service for an approved course of study certified to be in public interest [Rule 31(1)(a)];
-
upto a maximum of 60 days by a female employee in continuation of maternity leave [Rule 43(4)(b)];
-
upto a maximum of 60 days by a female employee having less than 2 living children, on adoption of a child less than one year [Rule 43(A)].
(ii)
Commuted leave can be granted only when leave sanctioning authority is satisfied that the employee will return to duty after expiry of the leave [Rule 30(1)(a)].
(iii)
Commuted leave can be granted at the request of the employee even when EL is at the credit of the employee [Note to Rule 30].
(iv)
Commuted leave cannot be granted as leave preparatory to retirement.
(v)
When commuted leave is taken twice the number of days so taken is debited to HPL account [Rule 30(1(d)].
(vi)
When an employee on commuted leave, resigns or retires voluntarily without returning to duty, commuted leave will be treated as HPL and the excess of leave salary, if any, will be recovered except when the employee retires due to ill-health incapacitating him for further service or dies [Rule 30(2)].
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(vii)
Leave salary for the period of commuted leave will be equal to the pay drawn immediately before proceeding on leave [Rule 40(4)]. Leave Not Due (LND)
13.5 13.5.1
This is granted in the following situations: (a) Leave not due is normally granted to permanent employees. (b) LND may be granted to temporary employees in certain special cases. (c) It is granted when the employee has no HPL to his credit and requests for LND. (d) It is granted only if leave sanctioning authority is satisfied that there is reasonable prospect of the employee returning to duty after the leave [Rule 31(1)(a)]. Conditions applicable for granting Leave not due
13.5.2 (LND)
The following conditions will be applicable: (i)
Leave not due is granted only on production of medical certificate except in following cases [Rule 31(1)]: (a) female employees applying for continuation of maternity leave [Rule 43(4)];
LND
in
(b) female employees with less than two living children applying for LND on adoption of a child less than one year [Rule 43(A)]. (ii)
The amount of LND shall be limited to (a) the HPL, the employee subsequently Rule [31(1) (b)]; and
is
likely
to
earn
(b) a maximum of 360 days in the entire service Rule [(31) (1)]. (iii)
LND shall be debited to the HPL account of the employee [Rule 31(1)(c)].
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(iv)
LND should not be granted as leave preparatory to retirement [Rule 31(1)].
(v)
LND can be granted to temporary employees with a minimum of one year service and suffering from TB, Leprosy, Cancer or Mental illness, if the post from which the employee proceeds on leave is likely to last till his return from leave and on fulfillment of other conditions for grant of leave not due [Rule 31(1A)].
(vi)
Leave salary for leave not due will be half of the amount of leave salary on EL [Rule 40(3)].
(vii)
If an employee, on LND resigns/retires voluntarily without returning to duty (a)
the LND will be cancelled,
(b) the retirement or resignation shall take effect from the date of commencement of leave (c) leave salary paid, if any, will be recovered [Rule 31(2)(a)]. (viii)
If an employee having availed LND, returns to duty but resigns or retires before earning such leave, the leave salary paid for the days of leave not earned will be recovered [Rule 31(2)(b)].
(ix)
However, leave salary shall not be recovered if the employee retires due to ill health incapacitating him for further service or is compulsorily retired prematurely or dies [Proviso to Rule 31(2)]. Extra Ordinary Leave (EOL)
13.6
This can be granted under the following conditions: (a)
EOL is granted when (i) no other leave is admissible; or (ii) other leave is admissible, but the employee requests for EOL in writing [Rule 32(1)].
(b)
EOL cannot be granted concurrently to run with the notice period in case of voluntary retirement.
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(c)
EOL can be granted to apprentices as well [Rule 33(3)(b)].
(d)
The EOL granted in one occasion shall not exceed: (i) For permanent employees : Maximum 5 years for all kinds of leave. No separate limit for EOL [Rule 12]. (ii)
For temporary employees: 3 months general limit for all employees, whether with or without medical certificate [Rule 32(2)(a)]. 6 months for employees with minimum one year continuous service, against medical certificate for common ailments [Rule 32(2)(b)]. 18 months for employees with minimum one year continuous service undergoing treatment for pulmonary tuberculosis (TB) or pleurisy, TB of any other part of the body, leprosy, cancer or mental illness[Rule 32(2)(d)]. 24 months for an employee with minimum three years continuous service, for the purpose of prosecuting studies, certified to be in the public interest [Rule 32(2)(e)]. This period can be further extended. If the employee undertakes to return to duty after leave and work for at least another 3 years [Rule 32(3)].
(iii) For SC/ST employees : leave required for attending the Pre-Examination Training Course at the notified centres, without any limit [Rule 32(4)]. (e)
Two spells of EOL intervened by any other leave will be considered as one spell for applying limit as above [Rule 32(5)].
(f)
EOL can be granted to regularise periods of absence retrospectively [Rule 32(6)].
(g)
EOL without medical certificate will be counted for the purposes of promotion under Time Bound One Promotion (TBOP) Scheme.
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(h)
Maternity Leave
13.7 13.7.1
No Leave salary is admissible for extraordinary leave [Rule 40(5)].
Maternity leave is admissible to married / unmarried female employees during: (i) (ii)
pregnancy - maximum upto 135 days only to employees with less than two surviving children, admissible maximum of 45 days in the entire service in connection with miscarriage/abortion. The application for this purpose should be accompanied by a certificate from a Registered Medical Practitioner for NGOs and from AMA for GOs (Rule 43).
13.7.2
The maternity leave is not debited to the leave account. It is granted on full pay. It may be combined with any other kind of leave. Maternity leave is not admissible for threatened abortion (Rule 43 (2)(4)(5).
13.7.3
Any leave (including commuted leave upto 60 days and leave not due) may be taken without medical certificate upto one year in continuation of maternity leave (Rule 43(4).
13.7.4
Maternity leave counts as service for increment and pension [(FR 26 (b) & Rule 26 of CCS (Pension) Rules].
13.8
Paternity Leave Paternity leave is admissible to male government servant with less than two surviving children for a maximum of 15 days during wife’s confinement. This leave is not to be debited to the leave account. It may be combined with any kind of leave except casual leave. It should be applied upto 15 days before or upto 6 months from date of delivery30[6].
13.9 13.9.1
30[6]Rule
Special Disability Leave It is admissible to all employees when (a) disability is caused by injury intentionally or accidentally inflicted or caused in, or in consequence of, the due performance of official duties or in consequence of the official position, (b) when
43 GOI decision (b) & DP&T OM No. 13018/1/97-Estt. (Leave) dated 7.10.97
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disabled by illness incurred in the performance of any particular duty which has the effect of increasing liability to illness or injury beyond the ordinary risks attaching to the civil post held, under the same condition (Rule 45). 13.9.2
The disability as above should have manifested within three months of the occurrence to which it is attributed and the person disabled acted with due promptitude in bringing it to notice. The leave sanctioning authority, if satisfied as to the cause of disability, may relax the condition and grant leave in case where disability has manifested more than three months after the occurrence of its cause. The disability under the above should be certified by an Authorised Medical Attendant to be directly due to the performance of the particular duty.
13.9.3
The period of leave will be certified by an Authorised Medical Attendant subject to a maximum of 24 months. It may be combined with any other kind of leave. It will count as service for pension. It will not be debited to the leave account (Rule 44(3).
13.9.4
The leave salary for the first 120 days will be the pay last drawn and for the remaining period it will be equal to leave salary during half pay leave. The appointing authorities are competent to sanction special disability leave (Rule 44(7).
13.10
Hospital Leave
13.10.1
Hospital leave is admissible to such Group - C employees whose duty involves handling of dangerous machinery, explosive material, poisonous drugs and the like, or the performance of hazardous task and also to Group - D employees while under medical treatment in a hospital or otherwise for illness or injury directly due to risks incurred in the course of official duty (Rule 46(1).
13.10.2
Medical certificate from an Authorised Medical Attendant is necessary for the grant of this leave. It may be granted for such period as the authority granting the leave may consider it necessary [Rule 46 (2)(3)].
13.10.3
Hospital leave may be combined with any other kind of leave due and admissible provided the total period of leave does not exceed 28 months. The leave salary for the 120 days will be the pay last drawn and for remaining period it will be equal
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to leave salary during half pay leave. The Hospital Leave is not to be debited to the leave account (Rule 46(4). 13.11
Study Leave
13.11.1
It is granted to a government servant who has satisfactorily completed period of probation and rendered not less than five years of regular continuous service including the period of probation for undergoing a special course consisting of higher studies or specialized training in a professional or technical subject having a direct and close connection with the sphere of his duties or being capable of widening his mind in a manner likely to improve his ability as a civil servant ( Rule 50(1), (2) & (5).
13.11.2
Ministry/Department of Central Government is the competent authority for sanctioning the study leave. The course for which the study leave is granted should be certified to be of definite advantage to government from the point of view of public interest. The official on his return should submit a full report on the work done during the study leave.
13.11.3
The study leave is not granted (i) for studies out of India if facilities for such studies exist in India, & (ii) to an official due to retire within three years of the return from the study leave. It may also not be granted to some officials with such frequency as to remove him from the contact with his regular work or causes cadre difficulty owing to his absence on leave (Rule 50(4)(5) & (6)).
13.11.4
The maximum period of study leave is 24 months in the entire service and may be granted at a stretch or in different spells. The study leave can be combined with any other leave due, but maximum period of continuous absence including vacation if any, but excluding extraordinary leave should not exceed 28 months generally, and 36 months for the courses leading to Ph.D. degree (Rule 51 & 54).
13.11.5 The leave salary in case of Study leave outside India is admissible as pay last drawn plus D.A., HRA, CCA and in addition study allowance admissible. In case of study leave in India, Study allowance is not admissible. HRA and CCA are payable for the first 180 days and beyond 180 days will be subject to the production of prescribed certificate for drawal.
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13.12
Casual Leave
13.12.1
It is not a recognized form of leave and is not subject to any rule made by Government of India. An official on casual leave is not treated as absent from the duty and pay is not intermitted.
13.12.2
Casual Leave can be combined with Special Casual Leave but not with any other kind of leave. It cannot be combined with joining time. Sundays and holidays falling during a period of casual leave are not counted as part of casual leave. These holidays can be prefixed or suffixed with the casual leave. Casual leave can be taken while on tour, but no DA will be admissible for the period of casual leave availed on tour. LTC can also be availed during casual leave. Half a day’s casual leave can also be availed of.
13.12.3
to a government servant is entitled Eight days casual leave during a calendar year. An individual appointed and joining duty during the middle of year may avail of casual leave proportionately or to the full extent at the discretion of the competent authority. Casual leave normally is not granted for more than 5 days at any one time except under special circumstances.
13.12.4
Half a day’s casual leave availed of in the second half is also permitted to be combined with regular leave on certain compelling grounds [Rule 11 (GOD) (2)].
13.13
Special Casual Leave
13.13.1
In sports events admissible upto a maximum of 30 days in a calendar year for attending (a) coaching of training camps under Rajkumari Amrit Kaur Coaching Scheme or similar All India Coaching or training schemes; (b) coaching or training camps at the National Institute of Sports, Patiala; (c) coaching camps in sports organized by National Sports Federation/ Sports Boards recognized by government.
13.13.2
Admissible upto a maximum of 10 days in any one year for participating in Inter-Ministerial and Inter-Departmental tournaments and sporting events held in and outside Delhi. Special casual leave may also be granted to a sportsman getting seriously injured or being hospitalized during the
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sporting events subject to the overall ceiling of 30 days in a calendar year. 13.13.3
13.13.4
Special casual leave of 15 days in a calendar year is also admissible for taking part in cultural activities like dance, drama, music and also for taking part in dancing and singing competition at religious, national and international level organized by Government of India / Government sponsored bodies. Special Casual Leave for family planning: (a) Male Employees - admissible maximum of 6 working days for vasectomy operation. If he undergoes the said operation for a second time due to failure of the first, another 6 days will be admissible on the production of medical certificate. Maximum 21 days are admissible for undergoing recanalization operation. Maximum of 7 days if his wife under-goes tubectomy, laproscopy or salpingectomy operation. The leave should follow the date of operation. (b) Female employees - admissible maximum of 14 days for tubectomy/laproscopy operation. If she undergoes the operation for a second time due to failure of the first, maximum of 14 days will be admissible for the second time. Maximum of 14 days admissible for salpingectomy operation after Medical Termination of Pregnancy (MTP). Maximum of 21 days admissible for undergoing recanalization operation. Admissible for one day on the day of operation when her husband undergoes vasectomy operation, and also for IUCD/IUD insertion/re-insertion.
13.13.5
Extension/Additional Special Casual Leave (i) admissible for the period of hospitalization if the concerned employee is hospitalized on account of post-operational complications, (ii) Admissible for 7 days in case of vasectomy operation and 14 days in case of tubectomy operation if the employee does not remain hospitalized after sterilization operation but is not fit to resume duty.
13.13.6
Special Casual Leave for sterilization operation is not admissible to casual labourers with temporary status since the benefit is admissible to regular employees only.
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13.14
Powers for sanctioning of Leave in respect of CBI personnel: Leave except special casual leave to NGOs of all rank posted in a branch is sanctioned by the Supdt. of Police as Head of Office of the branch. Leave to Gazetted Officers (Group-B) is sanctioned by DIG and to (Group-A) of and above the rank of SP by Director, CBI.
Encashment of Leave:
13.15
The authority competent to sanction leave should automatically grant lump sum cash equivalent of leave salary admissible for the number of days of earned leave at the credit of the employee on the last day of his service, subject to a maximum of 300 days including the number of days, for which encashment was availed along with LTC [Rule 39(2)(b)] & [39(D), GID 17) : (i)
Admissible on retirement superannuation;
attaining
the
age
of
(ii)
When the service is extended in public interest beyond superannuation, after extension;
(iii)
When an employee is invalid from service on medical grounds;
(iv)
When an employee resigns or quits service on his own accord, the lumpsum cash payment will be only to the extent of half of the earned leave at his credit subject to a maximum of 150 days including the number of days for which encashment was availed along with LTC, on the date of cessation from service;
(v)
On premature retirement under FR56(j) or (l) or Rule 48 of CCS (Pension) Rules;
(vi)
On voluntary retirement under FR 56(k) or (m) or Rule 48 or 48-A of CCS(Pension) Rules;
(vii)
On compulsory retirement as a measure of penalty when no reduction in pension is ordered.
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Encashment of Half Pay Leave:
13.16
Officials covered by (i), (v) and (vi) above and those permanent/ quasi-permanent employees retired on invalidation will also be entitled to cash equivalent to half pay leave at their credit. Encashment of earned leave up to 300 days (including the number of days for which encashment was availed along with LTC) should, as usual, be allowed in their cases, even if the period goes beyond their normal date of superannuation. If , however, the benefit of encashment of half pay leave is also availed of, the period of HPL plus EL should not extend beyond their normal date of superannuation. This restriction is not applicable to those retiring on superannuation. The cash equivalent for half pay leave is subject to reduction on account of pension, relief on pension and pension equivalent to Retirement Gratuity. If the cash equivalent to half pay leave falls short of the total of pension, pension equivalent to Retirement Gratuity and relief on pension, cash equivalent for the half pay leave is not payable [Rule 39(5)]. Encashment of EL during LTC
13.17
Encashment of EL while availing LTC will be admissible subject to the following conditions:
13.18
(i)
Limited to 10 days of EL on one occasion and 60 days in the entire service.
(ii)
Will be taken into account while computing the maximum admissibility for encashment at the time of quitting service.
(iii)
At least equal number of days of EL should be availed along with encashment.
(iv)
The balance at credit should be not less than 30 days after deducting the total of leave availed plus leave for which encashment was availed [Rule (39-D, GOD(17)]. Amount payable for Encashment of Earned Leave:
The lump sum will consist of (i) leave salary and (ii) DA (for the first 300 days only). It will not include HRA/CCA/Special Increment granted for promoting small family norm.
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14.
NO OBJECTION CERTIFICATE FOR HIGHER STUDIES & CHANGE OF JOBS
14.1
Permission for joining educational institutions government servants outside normal working hours
by
14.1.1
Ordinarily there can be no objection to the pursuit of knowledge by government servants in their leisure hours. But this must be subject to the condition that such pursuit does in no way detract them from efficient discharge of their duty. Wherever found necessary, the administrative authorities may require that government servants under their control should take prior permission before joining educational institutions or courses of studies for University degrees, as the joining of educational institutions involves commitment about attendance at specific hours and absence from duty during period of examinations. Ordinarily, permission is to be granted but with a view to dealing with cases where it is noticed that the government servant has been neglecting his duties for the sake of his studies, a condition may be attached saying that the permission may be withdrawn at any moment without assigning any reasons. This will, of course, be without prejudice to any other departmental action being taken where mere withdrawal of the permission is not considered adequate31[1].
14.1.2
As per H.O. letter No. DPAD4/2000/87/8/1/2000 dated 4.2.2000 (Annexure-VII) permission for higher studies/vocational courses in respect of officers upto the rank of DIG and Administrative Officers can be granted by Special Director.
14.1.3
Permission for higher studies will be allowed subject to the following conditions: a) b) c) d)
The permission can be withdrawn at any time. He will have to proceed on tour whenever asked/required. Official duties will not be affected at any time in any way. Permission will not confer any right for granting any leave for preparation/appearing in examination.
31[1]
Also see G.I. MHA OM No. 25/27/52-Estts. dated 3.5.52 and G.I. MHA O.M. No. 130/54Estt.(A) dated 26.2.1955
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e)
f)
Request for leave will be considered according to official needs/exigencies of service at the appropriate time. The permission will not be a ground for continued stay at the same station and he could be transferred to some other station as and when the official exigencies so require. Permission will not be a ground for extension of deputation period in case of a deputationist.
14.2
Forwarding of applications for other employment
14.2.1
General Principles Government of India issues guidelines from time to time in respect of sending of the applications for other employment. According to these guidelines, a final decision whether a particular application should be forwarded or not rests with the authority through whom the application has to be forwarded. While taking a decision in the matter, the authority concerned has to balance the interest of the State against the necessity of avoiding hardship to the individual.
14.2.2
When the conduct of a government servant is under investigation and the same has not reached the stage of issue of prosecution sanction or issue of chargesheet or filing of chargesheet for criminal prosecution in a court of law, his application will be forwarded with brief comments on the nature of allegation. Applications for appointments, by direct recruitment, deputation or absorption will not be considered or forwarded if : (i)
the employee is under suspension; or
(ii) disciplinary proceedings are pending against him and a chargesheet has been issued; or (iii) sanction for prosecution, where necessary, has been accorded by the Competent Authority; or (iv) where a prosecution is not necessary, a chargesheet has been filed in a court of law against him for criminal prosecution. 14.2.3
Applications for appointment in the same or other Central Government Departments can be forwarded. In the event of appointment of permanent government servant in another
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department, a lien will be retained for a period of two years in parent department which may be extended by one more year if there is delay in confirmation in the borrowing department. Thereafter, they should either revert to parent department or resign. An undertaking to this effect will be taken from the applicant while forwarding the applications. In the case of temporary government servants, an undertaking will be obtained while forwarding applications to the effect that they would resign in the event of their selections in other departments. 14.2.4
Applications of permanent government servants for appointment in Public Sector Undertakings, incorporated or not, wholly or substantially by the Central/State Government and in autonomous, semi-Government organisations may be forwarded and their lien retained for two years or till their permanent absorption. An undertaking will be obtained for acceptance of the following conditions: (a)
(b)
(c)
Leave salary/pension contribution will be paid to government by the organisation or the government servant himself. Pay allowed to him in the organisation should neither be less than the minimum of the scale of post in the PSU nor shall it exceed the maximum of that scale and will be regulated as per the provisions in G.I., Department of Personnel & Training, OM. No.2/29/91-Estt.(Pay-II), dated 5.1.1994. Before permanent absorption, the organisation concerned should be given prior intimation to the parent office so that resignation of the employee could be accepted before absorption.
14.2.5
In the case of temporary government employee, an undertaking to the effect that they will resign in the event of their selection by the undertakings, will be obtained before forwarding of the application.
14.2.6
Based on the government instructions as mentioned above, the CBI, Head Office has issued instructions on the subject from time to time. A gist of the same is given below for guidance and strict compliance by all the CBI Branches: (i)
All applications submitted in response to a circular/advertisement (for the posts carrying higher pay scales) shall be forwarded to the Head Office for further action. Applications not submitted in response to any advertisement or circular shall not be forwarded.
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(ii)
The applications of eligible CBI employees completed in all respects should be sent to the CBI Head Office through their controlling officers at least 15 days before the last date, after following all the codal formalities published in the concerned advertisement.
(iii)
Every employee may be permitted to apply for outside post not more than four times in a year. However, where government servants apply for the post in response to advertisements made by UPSC/SSC, it shall not be counted against the number of times specified here.
(iv)
The government servants who wish to appear at a competitive examination conducted by UPSC/SSC, may submit their applications directly to the Commission under intimation to their Controlling Officers. If the Head of Office/Department considers it necessary to withhold permission, UPSC will be intimated accordingly within 45 days of the closing date for receipt of the application by it. If no intimation is received by UPSC within the stipulated time, permission will be deemed to have been given. The same principles would apply to the applications meant for Staff Selection Commission.
(v)
An undertaking should be obtained from the government servants to the effect that in case of his selection, he will tender his resignation as required under the Rules.
(vi)
The applications of only such employees should be forwarded who could be relieved of duties in the CBI in case of their selection to the new post.
(vii)
It will be open to the Controlling Officer concerned as well as the Director, CBI to withhold an application keeping the public interest in view and after recording the reasons thereof.
(viii)
It will not be a matter of right for any employee to have his application forwarded. Forwarding of application will be considered on merit.
(ix)
(ix) The above guidelines are only illustrative and not exhaustive.
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15.
PENSION
15.1
An employee governed by the Pension Scheme gets a recurring monthly payment termed as pension for life on reaching the age of superannuation or if he is retired earlier in accordance with the rules/regulations/orders on the subject. Gratuity is lump sum payment granted to the employee at the time of death/retirement for the service rendered by him. Both Pension and Gratuity are determined with reference to the length of his service and the pay drawn by him.
15.2
The provisions relating to Pension and Gratuity including family pension which were spread over the Civil Service Regulations and various executive instructions, were codified in 1972, in the form of Statutory Rules entitled -The Central Civil Services (Pension) Rules, 1972 which came into force with effect from Ist June, 1972.
15.3
The normal age of superannuation of a permanent government servant in Group-A to Group-D services is 60 years.
15.4
Types of pension Pensions are of two kinds, viz Ordinary and Extraordinary. While the Ordinary pension is regulated by the CCS(Pension) Rules, 1972, the Extraordinary pension is regulated by the CCS (Extraordinary Pension) Rules {Appendix 3 of CCS (Pension) Rules}. Ordinary pension is further divided into various classes. The following are the different classes of pension which may be granted, as per admissibility, to a government servant on his retirement from service: (i)
Superannuation pension (Rule 35 A): Superannuation pension shall be granted to a government servant who is retired on attaining the age of superannuation (i.e. 60 years).
(ii)
Retiring pension (Rule 36): A retiring pension shall be granted: a) to a government servant who retires, or is retired in advance of the age of superannuation retirement in
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accordance with the provisions of Rule 48 or 48-A of the pension rules or Rule 56 of the Fundamental Rules. (b) to a government servant who on being declared surplus, opts for voluntary retirement in accordance with the provision of Rule 29 of these rules.
32[1]For
(iii)
Pension on absorption in or under a Corporation, Company or Body (Rule 37): Retirement benefits shall be granted to a government servant who is permanently absorbed in a service or post in or under a corporation, company or body owned or controlled or financed by the government, provided the permanent absorption is permitted by the government32[1].
(iv)
Invalid pension ( Rule 38): Invalid Pension shall be granted to a government servant after being declared by the competent medical authority to be permanently incapacitated for further service. A government servant who desires to retire on invalid pension should apply to his Head of Office who will direct the applicant to the appropriate Medical Authority for examination. A certificate of incapacity for service obtained by the government servant without the prior knowledge of the Head of Office is invalid (Note below Rule 38).
(v)
Compensation pension (Rule 39) : Compensation Pension shall be granted to a government servant who is discharged from public service on account of abolition of his permanent post and when suitable appointment of equal rank cannot be found or offer of a lower post is not accepted by him.
(vi)
Compulsory retirement pension (Rule 40): Compulsory retirement pension is granted to a government servant who is compulsorily retired from the government service as a measure of penalty by the competent authority. Such pension or gratuity or both will not be less than two third nor more than full compensation pension or gratuity or both admissible on the date of compulsory retirement.
detailed orders on permanent transfer of government servants to PSUs and
Autonomous Bodies etc. see Appendix 12 of CCS (Pension) Rules 1972.
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(vii)
15.5
15.6
Compassionate allowance (Rule 41) : A government servant who is dismissed or removed from service shall forfeit his pension and gratuity. The authority competent to dismiss or remove him from service may, if the case is deserving of special consideration sanction a Compassionate allowance not exceeding, two-thirds of pension or gratuity or both which would have been admissible to him if he had retired on compensation pension.
The quantum of pension/gratuity depends upon length of Qualifying Service, Average Emoluments and Emoluments. Qualifying Service
(QS) and its calculation:
15.6.1
The service reckoned for pensionary purposes is known as Qualifying Service. Qualifying service of a government servant shall commence from the date he takes charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity provided that it is followed without interruption by substantive appointment in the same or another service or post and ends on the date of retirement or date of death. The service of a government servant shall not qualify unless his duties and pay are regulated by the government or under conditions determined and paid by that government from the Consolidated Fund of India or a Local Fund administered by that government. It does not include service in a non-pensionable establishment unless such service is treated as qualifying service by that government.
15.6.2
All kinds of service do not earn pension. The conditions laid down for various services like probation/training/EOL/suspension/ deputation/State Govt. service/ autonomous body/Military /contingent service overstayal of leave or joining time etc. as in Chapter -III of CCS (Pension) Rules, 1972 as to whether it qualifies for pension/gratuity or otherwise may be examined carefully while the service is reckoned for pensionary purposes. Also resignation, removal or dismissal entails forfeiture of past service (Rule 24 & 26).
15.7
15.7.1
Additions to Qualifying Service (QS) on voluntary retirement (Rules 48-B): A government servant who elects to retire under Rules 48(1) (a) or Rule 48-A or clause (k) of Rule 56 of the FR gets the benefit of additions to the Qualifying Service upto maximum of 5 years subject to the condition that the total qualifying service rendered by the government servant does not in any case exceed 33 years and it does not take him beyond the date of superannuation.
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Government servant who opts to retire under Rule 29 or Rule 30 is also eligible for addition to QS subject to certain conditions. The weightage of five years shall not be admissible in cases of those government servants who are pre-maturely retired under Rule 48(1) (b) or FR 56 (j). 15.7.2
The Net Qualifying service for the purpose of Pension and Gratuity is calculated as under: Years Months Days Gross Service -----------Less periods of Non-Qualifying Service -----------Balance Qualifying Service -----------Add weightage & past service -----------Net Qualifying Service -----------Note: “Month” means “Calendar month”.
15.7.3
Rounding of Qualifying Service (QS) [Rule 49 (3)]: (applies to both Pension and Death/Retirement Gratuity) Qualifying service should be in completed six-monthly (completed half year) period (SMPs). It is subject to a maximum of 66 Six Monthly Periods. The fraction of a year in the Qualifying Services should be reckoned in the following manner: Less than 3 months 3 months and above
9 months and above
15.8
Nil One SMP (Six Monthly Period) but less than 9 months Two SMPs (Six Monthly Period)
Verification of service for the purpose of pension after 25 yrs. of service, or 5 yrs. before retirement (Rule 32): On a government servant completing 25 years of service or on his being left with 5 years of service before the date of retirement, whichever is earlier, the head of office in consultation with the accounts officer shall, in accordance with the rules for the time being in force, verify the service rendered by such a government servant, determine the qualifying service and communicate to him, in Form 24 (Annexure-VIII), the period of qualifying service so determined. In order that the settlement of pension cases of the officers/officials working in CBI are not delayed the Head of Office
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i.e. the SP in charge of the branch should ensure that the services rendered by each officer/official are duly verified at the end of the year i.e. in April each year and a verification certificate noted accordingly in the Service Book/Service Sheet. In case it is found that there are break or breaks in the services of a government servant, action should be taken sufficiently in advance to have the break condoned, if permissible. Emoluments (Rule 33):
15.9
Emoluments means basic pay as defined in FR 9(21)(a) (i) + Non-practicing Allowance + Stagnation Increment. Gratuity admissible will be on the basis of emoluments drawn immediately before his retirement/death while in service where as pension will be on the basis of average of the emoluments drawn during the last ten months of service. With effect from 1.1.1996 Dearness Allowance drawn on the date of retirement/death in service is reckoned as ‘emoluments’ for the purpose of retirement/death gratuity only and for no other purpose. {(FR 9(21)(a)(i)}33[2]. Average Emoluments(AE) (Rule -34 ):
15.10
As explained already, it is one of the factors determining the quantum of pension. Average emoluments shall be determined with reference to the emoluments drawn by a government servant during the last ten months of his service. AE
= Total emoluments of last ten months 10 Note: Average emoluments should not be rounded off. Certain events occurring during the last 10 months as described under rule 34 should be taken into consideration while determining the average emoluments. The calculation of average emoluments is to be based on the actual number of days contained in each month. A month for this purpose may be reckoned as consisting of thirty days. 15.11
Calculation of Terminal Benefits:
15.11.1
Service Gratuity/Rule 49 (1) : It is lump-sum payment payable in lieu of pension to a government servant retiring before completing qualifying service of
33[2]Also
see Rule 33 & GIDs (4) thereunder
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ten years. It is calculated at the rate of one half months emolument for every completed six monthly period (SMP). 15.11.2
Retirement Gratuity (Rule 50 (1)(a): A government servant who has completed 5 years of qualifying service and has become eligible for service gratuity or pension under rule 49 shall on his retirement be granted retirement gratuity equal to 1/4th of his emoluments for each completed six monthly period of qualifying service subject to maximum 16-1/2 times of emoluments, provided it does not exceed Rupees Three Lakh and fifty thousand in the case of retirements on or after 1.1.1996.
15.12 Death Gratuity: If a government servant dies while in service, the Death Gratuity shall be paid to the person(s) on whom the right to receive the gratuity is conferred by means of a nomination under Rule 53. Death Gratuity shall be paid at the rates given below: Length of service
Rate of death gratuity
Less than one year
2 times of emoluments
One year or more but less than 5 years
6 times of emoluments
5 years or more but less 12 times of emoluments than 20 years 20 years or more
Half of emoluments for every completed SMP of QS subject to a maximum of 33 times of emoluments and maximum Rs.3,50,000/- only in the case of death on or after 1.1.1996
15.13 Amount of Pension (Rule 49 (2)(a)) (a) A government servant retiring after completing Qualifying Service of not less than 33 yrs (b) A government servant retiring before completing QS of 33 yrs but after completing 10 yrs of
50% of Average emoluments (subject to a minimum of Rs.1275/- and maximum of Rs.15,000/-) Proportionate to the amount of pension admissible for 33 yrs of QS and in no case the amount of Pension shall be less than
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qualifying service
Rs.1275/-
Calculation of Pension = 50 x AE x SMPs 100 x 66
AE- Average emoluments SMPs-Six monthly Period/QS- Qualifying Service
Note: Amount of pension finally determined shall be expressed in whole rupee. Fraction of a rupee should be rounded off to the next higher rupee. Two model calculations (one on superannuation case and another on family pension) may be seen at Annexure IX. 15.14
Provisional Pension when processing of pension papers is pending (Rule 64): The head of office may determine, sanction and disburse the provisional pension and retirement gratuity to a government servant if he has not been able to forward the pension papers to the Accounts Officer before six months of the retirement or accounts officer has returned the pension papers for eliciting further information before issue of Pension Payment Order and order of payment of gratuity and he is of the opinion that the government servant may retire before his pension and gratuity or both can be finally assessed and settled. Provisional pension and gratuity are calculated and sanctioned in the manner prescribed in Rule 64 of the CCS (Pension) rules which will be further subject to adjustments made after issue of final payment authority by the Accounts Officer.
15.15
15.15.1
Provisional pension where departmental proceedings may be pending (Rule 69) :
or
judicial
When departmental or judicial proceedings are pending against the government servant, Accounts Officer shall authorise 100% provisional pension on the basis of qualifying service upto the date of retirement or upto the date preceding the date of suspension if the government servant was placed under suspension before retirement. This provisional pension will be paid from the date of retirement upto and including the date on which final orders are passed by competent authority after the conclusion of departmental or judicial proceedings.
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15.15.2
No gratuity shall be paid until the conclusion of departmental or judicial proceedings and issue of final orders thereon. However, where departmental proceedings have been instituted under Rule 16 of CCS (CCA) Rule 1965 for imposing any of penalties specified in clauses (i) (ii) and (iv) of Rule 11 of the said Rules, payment of gratuity shall be authorised34[3].
15.16 Family Pension Scheme 1964 ( Rule 54) 15.16.1
In the event of death of a government servant while in service or after retirement his/her family is eligible for the grant of family pension. If the government servant dies : a)
after completion of one year of continuous service; or
b)
before completion of one year of continuous service provided the deceased government servant concerned immediately prior to his appointment to the service or post was examined by the appropriate medical authority and declared fit by that authority for government service,
c)
after retirement from service and was on the date of death in receipt of a pension or Compassionate Allowance, referred to in Chapter V of CCS (Pension Rules) 1972, other than the pension referred to in Rule 37 of these rules,
Family for the purpose of Family Pension means as defined in Rule 54(14)(b) of CCS (Pension Rules), 1972. 15.16.2
Family pension is ordinarily payable to only one person at a time in the following order(i) (ii) (iii) (iv)
Widow/widower upto the date of death or remarriage, whichever is earlier. Sons -upto the age of 25 years. Unmarried daughters-upto the age of 25 years or marriage whichever is earlier. Mentally or physically disabled children for life.
Family pension to children shall be payable in the order of their birth and the younger of them will not be eligible unless the elder 34[3]For
detailed information please refer to Rule 69 of CCS (Pension) Rules 1972.
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next above him/her has become ineligible for grant of family pension. Normal rate of family pension is 30% of emoluments subject to a minimum of Rs.1275/- p.m. 15.17
Enhanced rate of family pension Enhanced family pension is payable from the date following the date of death for a period upto (i) seven years from the date following the date of death (ii) date on which the deceased government servant would have attained the age of 67 years, had he survived; whichever is less After the expiry of the period given above, the family pension will be payable at normal rate.
15.18
Calculation of family pension when government servant dies in service : 50% of the last pay drawn by the government servant or twice the family pension admissible at normal rate whichever is less.
15.19
Calculation of family pension in the event of death after retirement. In such cases the pension is calculated at 50% of the pay last drawn by the government servant or twice the family pension admissible at normal rate or the pension authorised to government servant on retirement - whichever is less. If the pension on retirement is less than normal family pension, the enhanced family pension will be equal to the normal family pension.
15.20
Miscellaneous provisions relating to Pension :
15.20.1
Nomination Every employee should make a nomination in a prescribed form conferring on one or more persons, the right to receive the death/retirement gratuity amount in the event of his death in service/after retirement before receiving retirement gratuity. Nomination has to be made in two manners (a) if the official has a family and (b) if the official has no family (Rule 53).
15.20.2
Sudden death of a government servant - In case of sudden death of a government servant, the head of office may sanction an immediate relief to the family of government servant not exceeding
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three months pay or Rs.8000/- whichever is less, subject to the condition that the total amount thus paid in advance, will be adjusted against the death-cum-retirement gratuity, arrears of salary or General Provident Fund or any other payment due to the deceased35[4]. 15.20.3 Application for pension - Every government servant shall submit in writing an application for pension in the prescribed form (Form-5). 15.20.4 Intimation to the Directorate of Estates regarding issue of “No Demand Certificate” The Head of the Office shall write to Directorate of Estates at least two years before the anticipated date of retirement of a government servant, in case he is in occupation of government quarters, so that the “No demand certificate” may be issued in time and the pension case is not delayed on that account. 15.20.5
Recovery and adjustment of government dues - It is the duty of every government servant to clear government dues before the date of his retirement. In case he does not do so, the government will be within its right to deduct the amount from the death-cumretirement gratuity payable to him.
15.20.6
Preparation of a list of officials due to retire - Every Head of Department shall have a list prepared every 6 months i.e. on the 1st of January and the 1st of July each year, of all government servants who are due to retire within the next 24-30 months of that date. A copy of such lists shall be supplied to the Pay & Accounts Officer concerned, not later than the 31st of January or 31st of July. In case of a government servant retiring for reasons other than by way of superannuation, the Accounts Officer concerned will be informed immediately by the Head of Office.
15.20.7
Preparation of pension papers - Every Head of Office shall undertake the work of preparation of pension papers, two years before the date on which a government servant is due to retire on superannuation or on the date on which he proceeds on leave preparatory to retirement, whichever is earlier. The steps enumerated in Rule 56 to 61 of CCS (Pension) Rules are to be strictly followed.
15.20.8
Debarring a person from receiving Gratuity (Rule 51 -A) - If a person who in the event of death of a government servant is eligible to receive gratuity, is charged with offence of murdering the government servant or for abetting in the commission of an offence,
35[4]Appendix
6 of Pension Compilation & GFR 262-264
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his claim shall remain suspended till the conclusion of the criminal proceedings and will be paid his share on his acquittal. 15.21
Commutation of Pension: Commutation of Pension is covered under the provisions of Central Civil Service (Commutation of Pension) Rules 1981. These rules came into effect from 1.7.1981. These Rules are applicable to government servants who may be permitted or have been authorised any class of pension.
15.21.1
Eligibility: i) All pensioners except those facing disciplinary proceedings are eligible to get their pension commuted for a lumpsum payment. ii) Those facing disciplinary proceedings (before or after retirement) can get their pension commuted when disciplinary proceedings are over.
15.21.2
Amount of commutation : A government servant is entitled to commute for a lump sum payment a fraction not exceeding 40% of the pension authorised. A government servant who is due to retire on superannuation and desires payment of commuted value of pension being authorised at the time of issue of pension payment order, shall be eligible to apply for commutation of a fraction of pension alongwith the pension papers prior to the date of retirement provided that: i)
The government servant retires on superannuation pension only.
ii)
The application is submitted to Head of Office not later than 3 months before the date of retirement. If application is submitted late but before the date of retirement, it can be accepted and authority as far as possible will be issued by Pay & Accounts Office alongwith the Pension Payment Order.
iii)
The government shall have no liability for the payment of commuted value of pension if the government servant
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dies before the date of retirement or forfeits claim to pension before such retirement. If anyone desires to commute a fraction of that pension any time after the date following the date of his retirement from service but before the expiry of one year, he shall apply to Head of Office in Form-I after his date of retirement. He must ensure that application duly completed is delivered to Head of Office early but not later that one year of the date of his retirement. 15.21.3
Action by Head of Office - He will initial the form indicating the date of its receipt, acknowledge in Part II and despatch the same to the applicant. He will complete Part III of form and forward it to Pay & Accounts Office for issuing the authority.
15.21.4
Commutation without medical examination is allowed in the case of: -
Superannuation pension Retiring pension Compensation pension Pension on absorption in a Corporation or Company or a body controlled/financed by government Pension granted on conclusion of disciplinary proceedings. The application for commutation should be made within one year from the date of issue of the retirement orders. 15.21.5
Commutation of Pension after medical examination is allowed in the cases of : (a) Retirement on invalid pension (b) Compulsory retirement as penalty and is granted compulsory retirement pension (c) Those in receipt of compassionate allowance (d) Those who apply for commutation after one year from the date of retirement.
15.21.6 An applicant should make an application in the prescribed form to Head of Office. Head of Office will have the applicant medically examined from the medical board in the prescribed manner. 15.21.7 An application for commutation on medical certificate can be withdrawn in the following situations :
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(a) Before medical examination by not appearing before the medical authority, or (b) After medical examination, if pensioner declines to accept addition in age as directed in medical report, within 14 days of its receipt. 15.22
15.23
15.24
Effect of Commutation of Pension : (i)
The pension gets reduced by the amount offered for commutation from the date of receipt of commuted value of pension (or credit in the bank account of pensioner) or at the end of three months after issue of authority of payment, whichever is earlier.
(ii)
When pension is commuted at the time of superannuation, the reduction in pension is effective from the date of its inception. However, if commuted value is not paid within the first month of retirement, the difference of pension for the period between the date following the day of retirement and the date preceding the day commuted value is deemed to have been paid, shall be authorised by the Accounts Officer.
Commutation Revision:
of
Provisional
Pension
and
Effect
of
(i)
An employee who received provisional pension, pending assessment of final pension, shall be eligible to commute a part of such provisional pension.
(ii)
If provisional pension is finally revised upwards, commutation of increased pension may be authorised without any application from the pensioner.
Payment of Commuted Pension: The commutation of Pension becomes absolute and the commuted value becomes payable on : (a) The date following the date of retirement in cases of superannuation, if application is made before the date of retirement (normally the application should reach Head of Office not later than 3 months before the date of superannuation but in any case must reach on or before the
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date of retirement in which case authority for payment of commuted value will be issued as soon as possible). (b) On the date of receipt of application by the Head of Office for commutation, if applied after the date of superannuation but within one year. (c) On the date of signing the medical report in the case of commutation after medical examination. 15.25
Calculation of Commuted Value of Pension The commuted value of pension is calculated as per the following formula: Commuted Value = Pension offered for commutation x 12 x Commutation Factor Commuted value of pension is to be calculated taking into account the date of Medical Examination, the age, next birthday & factor applicable. Amount offered for commutation is expressed in percentage or fraction of the pension per month. The commuted value will be rounded off to the next higher rupee. Commutation factor is the commutation value for a pension of Re.1 per annum. The Table of the value prescribed from time to time36[5] gives the commutation factor in respect of age of the pensioner on his next birthday.
15.26 Restoration of portion of Pension 15.26.1 Commuted portion of pension will be restored after 15 years from the date of retirement. Prior to 01.4.1985, pensioners were allowed an optional facility of converting a portion of their pension into a lump-sum amount and pensioners were getting only the balance amount (Full pension minus the commuted portion) for the rest of their life. 15.26.2
36[5]Table
Supreme Court of India in its judgement dated 09.12.1986 in writ petition of 1983 ruled that pensioners who have commuted the admissible portion of pension are entitled to have the commuted portion restored on the expiry of 15 years from the date of retirement. Accordingly, in view of Supreme Court’s judgement, Government decided that only such pensioners who have commuted a portion of their pension and on 01.04.1985 or thereafter have in Appendix-1 of CCS (Commutations of Pension) Rules 1981.
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completed or will complete 15 years from the respective dates of retirement will have their commuted portion of pension restored. 15.26.3 Each pensioner who is eligible is required to apply in the prescribed form duly completed to the Pension Disbursing Authority/Bank/Post Office who will restore the commuted portion of Pension, if the commuted amount has been mentioned in Pension Payment Order and will also pay arrear, if any. If commuted portion is not mentioned in PPO, necessary details will be obtained by the Pension Disbursing Offices from concerned P&AO which issued the Pension Payment Order. In case the pensioner had completed 15 years from the date of retirement and died, subsequently, his/her legal heir(s) are also entitled to receive arrear from the date of completion of 15 years to the date of death of pensioner. The commuted pension will be restored after 15 years from: i) The date of retirement if the commuted value is received in the first month. ii)
The date on which reduction in pension on account of commutation becomes effective, when value received after 1 month from the date of retirement.
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16.
DECENTRALIZATION OF ACCOUNTS
16.1
With effect from 01.10.1976 Government has issued order decentralising accounts from the Audit. The work relating to the maintenance/checking of accounts, passing of bills, allocation of LOC (Letter of Credit) to the branch located outside Delhi who draw money from accredited bank are attended to by Pay & Accounts Officer, CBI. In respect of CFSL there is separate Pay & Accounts Officer under MHA.
16.2
Under the revised arrangement effective from 01.10.1976 pay bills etc., in respect of CBI offices (including CBI Head Office) located in Delhi are sent to the Pay & Accounts Officer, CBI who is responsible for issuing the cheques after exercising necessary scrutiny of the bills. Branches located outside Delhi are provided with the letters of credit from time to time and on the basis of these letters of credit these branches draw money from accredited banks. These branches are required to send the Bills/Vouchers to the Pay & Accounts Officer, CBI for post audit. For the purpose of reconciliation, representatives of the CBI Head Office/branches are deputed to the office of the Pay & Accounts Officer, CBI, New Delhi from time to time.
16.3
Categories of cheques and their use There are three types of cheques, viz. (i) Negotiable, (ii) Non-Transferable & (iii) Not negotiable and not payable in cash. (i)
Negotiable cheques are issued for personal payments to gazetted government servants, suppliers, public sector companies, etc. They are ‘negotiable’ and are drawn as payable to or order of the ‘payee’. As a safeguard against fraudulent claim all non salary cheques exceeding Rs. 500/- and salary cheques exceeding Rs. 1000/- shall be crossed and marked ‘account payee’. In exceptional circumstances open cheques in favour of a private person or a government servant, on request may be issued but payment will be made only to the payee on identification, or to a person holding letter of authority from the payee whose signature must be verified and after identifying the messenger or as the payees banker on certifying that the amount has been placed to his
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credit. Officers and staff drawing salary and other payments by cheque shall have an option to get their salary/leave salary in cash. The option in this regard shall be exercised in March every year. Payment other than salary will also be made by the same mode of payment. If agreed in writing, the salary & allowances to a non-gazetted government servant by cheque is permissible.
16.4
(ii)
‘Non-transferable’ cheques are meant for payment to the payee who is a government officer for disbursement of salaries, etc., of office staff and for office contingencies. These cheques will be drawn in favour of payee by his official designation. These cheques are ‘not negotiable’ and payments will be made by the bank only to the payee or to authorised messenger.
(iii)
‘Not negotiable and not payable in cash’ - creditable to government account only - These are meant for payment of inter - departmental or inter government claims.
Bank Drafts Payment by bank draft is permissible (a) where payments have to be made by bank drafts either under the provision of any law or other legal or contractual obligations, (b) Payments towards pay and allowances and other personal entitlements, of outstation establishments and contingencies of outstation offices, and (c) for payments to Public Sector Undertakings and Corporations etc. (other than local bodies) (d) Payment to semi-government/Private institutions/companies etc. not covered under (a) to (c), under certain circumstances.
16.5
Post - Check DDOs empowered to draw cheques for payment of salary, contingent bills, etc., are to send the vouchers along with weekly accounts to the PAO/CBI who will conduct postcheck keeping in view the same principles as for pre-check. Any discrepancy noticed will be pointed out by the PAO/CBI through Objection Memo for compliance to concerned DDO.
16.6
Cancellation of sub-vouchers Sub-vouchers required to be sent to the PAO/CBI are not to be cancelled by the DDOs. These will be cancelled by
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PAO/CBI after checking of bills, in accordance with Rule 109 of Receipt & Payment Rules, 1983.
16.7
Letters of Credit against assignment accounts
16.7.1 The Letter of Credit (LOC) is issued by the Pay & Accounts Officer, CBI to the CBI branches located outside Delhi. The Pay and Accounts Officer, CBI communicates the relevant branch of the accredited bank, the amount of quarterly assignment authorized in favour of cheque - drawing DDOs, rendering accounts to him. A fresh letter of credit, issued after expiry of the period prescribed in the earlier letter of credit is to be treated as an addition to the unspent balance of the earlier letter of credit. The Pay and Accounts Officer, CBI while communicating the assignment for the second and subsequent quarters indicates not only the amount assigned for that quarter, but also the progressive total of assignment up to the end of the quarter so that the bank is able to ensure that the total cumulative drawals from the beginning of the year do not exceed the total progressive assignments. However, the assignment remaining unspent at the end of a financial year is not to be carried forward to the first quarter of the next financial year. The paying branch is responsible to ensure that the amount assigned in the letter of credit is not exceeded by the payment of any cheques. The cheques actually issued during the last quarter but presented for payment during the next quarter (within the period of validity) will be taken by the bank against the assignment of the year in which they were drawn and not against the assignment of the year in which they are paid. 16.7.2
A Drawing Officer in whose favour an assignment account has been opened in the accredited bank, is not permitted to draw the whole amount and place it in a separate account in the bank or in a private account.
Note :
It is also not permissible to draw cheques and deposit the amount in the department’s cash chest at the end of the year for the purpose of showing the full amount of the grant as utilized.
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17.
DELEGATION OF FINANCIAL POWERS
17.1
Delegation of Financial Powers Rules, 1978 are applicable in the Central Government. These rules are statutory in nature and they came into force with effect from 01.08.1978. Under these rules powers have been delegated to the following subordinate authorities : (i) (ii) (iii) (iv)
17.2
17.3
Departments of the Central Government Administrators of Union Territories Heads of Departments Heads of Offices
Residuary Financial Powers : All financial powers, not specifically delegated to any authority, vest in the Finance Ministry. Heads of Departments
17.3.1
Schedule I to these rules indicates a list of Heads of Departments under various Ministries/ Departments. Director, CBI has been specified as Head of Department in this Schedule.
17.3.2
According to the provisions of Rule 13, reproduced hereunder, the powers are delegated to subordinate authorities : (1)
Subject to the provisions of these rules, the Departments of the Central Government, Administrators and Heads of Departments shall, in relation to creation of permanent posts, creation of temporary posts, Appropriation and Reappropriation, incurring of contingent expenditure, incurring of miscellaneous expenditure, and write-off of losses, have the powers respectively specified in Schedules II, III, IV, V, VI and VII.
(2)
A Department of Central Government may, by general or special order, confer powers, not exceeding those vested in that Department, upon an Administrator or Head of Department or any other subordinate authority in respect of any matter covered by these rules :
Provided that no power under this sub-rule shall be redelegated in respect of : (a) (b)
creation of posts write-off of losses and
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(c) re-appropriation of funds exceeding 10 per cent of the original budget provision for either of the primary units of appropriation or sub-head i.e. the primary unit or sub-head from which the funds are being reappropriated or the primary unit or sub-head to which the funds are to be re-appropriated, whichever is less. (3)
The Administrator or Head of a Department referred to in sub-rule (2) may, by an order in writing, authorize a gazetted officer serving under him to exercise to such extent, as may be specified in that order, all or any of the powers conferred on such Administrator or Head of Department under sub-rule (1) or sub-rule (2). The Administrator or Head of a Department shall, however, continue to be responsible for the correctness, regularity and propriety of the decisions taken by the gazetted officer so authorized.
(4)
An authority empowered by or under these rules to incur contingent expenditure or miscellaneous expenditure shall exercise such powers subject to the following conditions :
(5)
(a)
In regard to the supply of articles required for the public service and for regulating the purchase of stationery stores for the public service, the provisions contained in Appendix-8 and Appendix-9 respectively to the General Financial Rules, 1963, and subsidiary instructions and orders on the subject shall be followed;
(b)
In regard to contingent expenditure on each item specified in Column 2 of the Annexure to Schedule V of the rules, orders, restrictions or scales specified in Column 4 of that Annexure against that item shall be observed;
(c)
In regard to miscellaneous expenditure any rules, orders, restrictions or scales as may be made, imposed or prescribed by the President shall be observed.
Unless otherwise provided by any general or special rule or order, it shall be within the competence of an authority to exercise the financial powers delegated to an authority subordinate to it.
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(6)
The power delegated under these rules can also be exercised for a validation of an action already taken or expenditure or liability already incurred even when the authority validating the action or expenditure or liability, as the case may be, had no competence to do so at the time the action was taken or expenditure or liability was incurred.
17.3.3
Director CBI as Head of Department has been authorised to exercise financial as well as administrative powers as laid down in these rules. The Director, CBI, under Rule 13(3) by orders in writing, has authorised different officers serving under him and having gazetted status to exercise to such an extent, as specified in these orders, certain powers.
17.3.4
Similarly, Rule 14 provides for declaration of any Gazetted Officer as Head of Office by the Head of the Department. By virtue of this rule, Director, CBI has declared branch SsP as the Head of the Office. Further, by virtue of Rule 16 (Subject to the provisions of Rule 142 of Treasury Rules), Head of Office has the power to authorize a gazetted officer serving under him to incur contingent & miscellaneous expenditure on his behalf subject to such restrictions & limitations as may be laid down by him. The Head of Office shall, however, continue to be responsible for the correctness, regularity and propriety of the expenditure incurred by the gazetted officer so authorized. Under these Rules, powers cannot be delegated to a non-gazetted officer. The provisions of delegation of powers are contained in Annexure X(A) to X(C).
17.3.5
Officer performing current duties of a post in addition to his own can exercise administrative or financial powers vested in the full fledged incumbent of the post but he cannot exercise statutory powers, whether these powers are derived directly from an Act of Parliament or Rules, Regulations and Bye-laws made under various articles of the Constitution (e.g. Fundamental Rules, CCS(CCA) Rules, Civil Service Regulations, Delegation of Financial Powers Rules etc).
17.4
Insurance of Government Property
17.4.1
Under these rules, Government property, both movable or immovable shall not be insured and no subordinate authority shall undertake any liability or incur any expenditure in connection with the insurance of such property without previous consent of the Finance Ministry.
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17.4.2
Motor vehicles owned by the Central Government which are used for the purposes not connected with any commercial enterprise are exempt from compulsory insurance against third party risk. Such vehicles should not, therefore, be insured.
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18. BUDGET AND APPROPRIATION 18.1
The Finance Ministry places before both the Houses of Parliament an Annual Financial Statement also known as “Budget” showing the estimated receipts and expenditure of the Central Government in respect of a financial year, before the commencement of that year. The statement also contains revised provisions for the current year.
18.2
The budget is based on the Revised Estimates/Budget Estimates prepared by various individual offices duly vetted and consolidated by the Heads of Department/Ministries.
18.3
Accordingly, the budget proposals for the next year and revised proposals for the current year are to be prepared every year and sent to the government. The branches prepare their budget proposals and submit the same to Head Office. These are scrutinized and reconstructed on the prescribed forms and submitted to the Government towards the last week of September. It is, therefore, very important that the branches send their proposals to the Head Office in the first week of September to enable the Head Office to examine the same and send to the Government in time.
18.4
Every branch is required to submit its final statements of savings and excesses in the month of February. These are scrutinized in the Head Office and a consolidated statement of savings and excess for the whole of CBI is sent to the Government. On receipt of re-appropriation, the branches are intimated regarding their final allotment of funds under different heads.
18.4.1
Appropriation Accounts: The appropriation account in respect of the Head Office is prepared and sent to the Pay & Accounts Office, CBI alongwith the explanation for variations between the budget allotment and expenditure. Every branch furnishes the same to the Pay & Accounts Office CBI under intimation to the Head Office.
18.4.2
Reconciliation of Accounts: The accounts are reconciled by the Head Office and the branches with the expenditure booked in Pay & Accounts Office, CBI. Every quarter, an official should be deputed to the Pay & Accounts Office, CBI, New Delhi from each branch to reconcile the figures and to get the adjustments done wherever necessary. Accounts figures finally published will be those maintained by PAO.
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18.4.3
A monthly expenditure statement for each branch is to be furnished to the Head Office by 5th of every month so that the consolidated figures can be sent to Government.
18.4.4
The detailed estimates of expenditure is to be prepared by the estimating authorities i.e. by each DDO under the prescribed Major and Minor Heads of Accounts for the Non-Plan expenditures.
18.4.5
The detailed heads allotted to CBI are as under:Major Head -2055, Police, 00.101-Criminal Investigation and Vigilance, 01-Central Bureau of Investigation. i) ii) iii) iv) v) vi) vii) viii) ix) x) xi) xii) xiii) xiv)
01.00.01- Salaries 01.00.02- Wages 01.00.03- Overtime Allowance 01.00.11- Domestic Travel Expenses 01.00.12- Foreign Travel Expenses 01.00.13- Office Expenses 01.00.28- Payment of Professional & Special Service. 01.00.14- Rent Rate & Taxes. 01.00.16- Publication 01.00.31 -Grant-in-Aid 01.00.41 -Secret Service Fund 01.00.50- Other Charges (Charged) 01.00.51 - Motor Vehicle 04.00.20- Other Administrative Expenditure (Departmental Canteen)
18.4.6
The framing of Revised Estimates for the current year should always precede estimation for the ensuing year. The Revised Estimates should be framed with great care to include only those items of expenditure which are likely to materialise for payment during the current year, in the light of (i) actuals so far recorded during the current year, compared with the actuals for corresponding period of the last and previous years (ii) seasonal character or otherwise of the nature of expenditure (iii) sanctions for expenditure and orders of appropriation or re-appropriation already issued or contemplated and (iv) any other relevant factor, decision or development.
18.4.7
The budget estimate for the ensuing year should likewise be prepared on the basis of what is expected to be paid during the ensuing year, including arrears of previous years, if any. While all inescapable and foreseeable expenditures should be provided for, care should be taken that the estimate is not influenced by undue optimism. Due attention to considerations of economy should be paid.
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18.4.8
No lump sum provision is to be made in the budget except where urgent measures are to be provided for meeting emergent situations or for meeting preliminary expenses on a project/scheme which has been accepted in principle for being taken up in the financial year. In such cases, the budget provisions are to be limited to the requirements of preliminary expenses only.
18.4.9
No expenditure is to be incurred in excess of sanctioned grant in individual budget heads. Anticipated savings are required to be surrendered immediately without waiting till the close of the year. Savings should not be seen as an opportunity for incurring expenditure on items which could wait till next year.
18.5
List of Payment : The CBI branches located outside Delhi dealing with the budget are required to send their Weekly List of Payment (LOP) with original vouchers to the PAO/CBI, New Delhi on the due date. Some Branches do not send these LOPs by due dates. As a result, the expenditure incurred by the branches does not get compiled and accordingly, their accounts are excluded from the statement of monthly accounts being submitted by PAO/CBI to the Principal Accounts Office as well as to Ministry of Finance, Department of Expenditure. Therefore, it is the personal responsibility of Cheque Drawing DDOs to ensure that LOPs with the concerned vouchers are sent to the PAO/CBI on due dates i.e. on 9th, 16th and 23rd of each month and on 3rd of the following month.
18.6
Plan Budget: The Plan Budget is to be prepared under Major Head 2055-Police, Sub-head 00.101-Criminal Investigation and Vigilance, 01-Central Bureau of Investigation and Unit of Appropriation is 02.02-Modernisation of Training Centre, 02.02.50Other Charges (Plan).
18.7
Control over expenditure: The Government of India, Ministry of Finance, Department of Expenditure has repeatedly advised to observe fiscal prudence and austerity. The branches should, therefore, observe austerity. There should not be avoidable expenditure on travel, office expenditure, motor vehicles, purchases etc. The articles which could be repaired need not be replaced. Rush of expenditure particularly in closing month of the financial year is regarded as a financial irregularity. Senior officers must closely monitor the expenditure of their own office and branches under their control. Necessary guidelines are contained in the DCBI’s letter dated 05.12.2002, addressed to all J.D’s/DIsG and SsP. The instructions contained therein must be followed strictly.
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19.
ALLOWANCES AND REWARDS/HONORARIA
19.1
Dearness Allowance
19.1.1
19.1.2
On the recommendations of Fifth Central Pay Commission, Dearness Allowance to all categories of Central Government employees is being sanctioned by the Government twice in a year, on 1st January and 1st July based on the increase in the average monthly consumer price index for 12 months, taking into account the average on 1st January, 1996 as 306.33 points (Base Year: 1982 = 100). The average increase is calculated up to December for grant of DA from 1st January and up to June for grant of DA from 1st July. Full (100%) inflation neutralization is provided uniformly at all levels. Admissibility of DA i.
Pay - DA is calculated on the basic pay (plus NPA and stagnation increment). Special Pay, Personal Pay etc. are not taken into account for this purpose.
ii.
Admissibility during Leave - As in the case of Pay, DA is admissible with reference to the rate of leave salary drawn (element of special pay, personal pay, if any excluded) during leave of any kind including Study Leave. DA is not admissible during EOL since no leave salary is drawn. In the case of Leave Preparatory to Retirement (LPR), DA is allowed only for the first 300 days spent in India. DA is not allowed for any period of LPR spent outside India.
iii.
Encashment of Leave Salary- In all cases where encashment of leave salary is allowed in the case of retirement etc. DA is admissible, for the entire period of EL. Where encashment of HPL is admissible, DA will be allowed for the first 300 days of EL and HPL combined.
iv.
Admissibility during Suspension- DA will be drawn with reference to the subsistence allowance.
v.
Re-employed pensioner- DA is admissible based on pay fixed on re-employment plus the non-ignorable part of the pension.
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vi.
19.2
Fraction of D.A. - 50 paise and above should be rounded off to the next higher rupee, and fraction below 50 paise ignored.
House Rent Allowance & Compensatory (City) Allowance:
19.2.1
Classification of cities -Cities have been classified as 'A-1', 'A', 'B-1', 'B-2' and 'C' for the purpose of Compensatory (City) Allowance and House Rent Allowance. CCA is admissible for 'A-1', 'A', 'B-1' and 'B-2' only , while HRA is admissible for all the classified and also for unclassified cities.
19.2.2
House Rent Allowance/Compensatory (City) Allowance to Central Government employees shall be admissible at the following rates with effect from 01.08.1997: Compensatory (City) Allowance: Pay Range (Basic Pay) Cities. (Rs. per month) ' Below Rs. 3,000 p.m. Rs.3,000 p.m. to Rs. 4,499 p.m. Rs. 4,500 p.m. to Rs. 5.999 p.m. Rs. 6,000 p.m. and above
Amount of CCA in class of
A-1' 90 125 200 300
'A' 65 95 150 240
'B-1' 45 65 100 180
'B-2' 25 35 65 120
House Rent Allowance: Classification of cities/towns Allowance 'A-1' drawn 'A' 'B-1' 'B-2' drawn 'C' drawn Unclassified
Rates
of
House
Rent
30%
of
actual
basic
pay
15%
of
actual
basic
pay
7.5%
of
actual
basic
pay
5% of actual basic pay drawn
(i)
HRA and CCA are payable with reference to basic pay. Pay plus NPA and Stagnation Increment, but not special pay, personal pay etc.
(ii)
Both the allowances (CCA/HRA) are admissible if the place of duty of the government servant falls within the
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qualifying limits of the city/urban irrespective of the place of residence.
agglomeration,
(iii)
CCA/HRA are admissible during leave of all kinds other than terminal leave, but including study leave, and also during vacation, subject to a limit of 180 days of combined period of leave, vacation and holidays. Beyond this period, the allowances can be claimed only by furnishing certificate in the prescribed form for continuously residing in the place of duty/retention of the house paying full rent etc. If the leave is on medical certificate in the prescribed form, the allowances are admissible without the certificates up to 8 months.
(iv)
If a government servant does not join after leave due to invalidation/death, CCA/HRA paid for the leave period need not be recovered. In case of resignation, recovery should be effected before the resignation is accepted.
(v)
During the period of joining time on transfer, the allowances are admissible at the same rates at which they were drawn before transfer.
(vi)
During temporary transfer, the allowances are admissible upto 90 days at the rates applicable at the old station. Beyond this period the rates for the new station will be applicable. If a temporary transfer initially made for 90 days is later extended, CCA/HRA at the old rates are allowed up to the date of transfer order or 90 days, whichever is earlier. For the period beyond 90 days/after issue of extension order, the HRA is admissible as in the case of regular transfer.
(vii)
CCA/HRA are admissible for the period of suspension based on the pay drawn before suspension for a period of 180 days. Beyond this period, payment of the allowances will be, subject to the official's furnishing the prescribed certificates.
(viii)
In the case of training in India, if daily allowance is not drawn, CCA/HRA are admissible at the rates applicable to the headquarters station or training station, whichever is more favourable. If daily allowance is drawn, the CCA & HRA are admissible at the rates applicable at his headquarters. Even beyond 180 days when daily allowance is not drawn the CCA/HRA will
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continue to be drawn only at the rates admissible at his headquarters. 19.3 19.3.1
19.4
Transport Allowance The rates of transport allowance effective from 01.08.1997 are as under:
Pay Scale A-1/'A' class Cities places (as classified for CCA) Rs. 8000-13500 & above Rs.800
Other
Rs.400
Rs.6500-6900 & above but
Rs.400
Rs.200
below Rs. 8000-13500 Below Rs.6500-6900
Rs. 100
Rs.75
(i)
Transport Allowance is not admissible to a Central Government employee who is provided with government accommodation within a distance of one kilometre or within a campus housing the places of work and residence. Transport allowance is admissible subject to furnishing a certificate that he has not been provided with government accommodation within one kilometre from the place of work or within a campus housing the places of work and residence.
(ii)
The allowance is not admissible to those employees who have been provided with the facility of government transport.
(iii)
Transport allowance will not be admissible if an employee is absent from duty for a full calender month due to leave/training/tour. If absence covers part of the month, it will be admissible for the full month.
Children's Educational Assistance (CEA)
19.4.1
Children's Educational Assistance is in the form of (i) Children's Educational Allowances, (ii) Reimbursement of Tuition Fees and (iii) Hostel Subsidy.
19.4.2
The Scheme for Children's Educational Assistance (CEA) is applicable, without any pay limits, to all Central Government servants
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including civilian employees paid out of Defence Estimates, State Government servants on deputation with Centre, and Industrial employees of the Central Government and admissible to Central Government servants on deputation to State Governments and Central Government staff on foreign service, if the terms include provision for CEA. The Scheme is not applicable for contract staff, casual and part time staff and staff paid from contingencies. 19.4.3
General Conditions : I.
If both husband and wife are Central Government Servants, the allowance will be admissible to only one of them. If either of them is employed in other organizations outside the Central Government, CEA will be allowed to the government servant only, if similar allowance is not granted to the spouse and a declaration to that effect is furnished.
II.
The allowance will be admissible in respect of the employee's child, including stepchild/adopted child studying in a recognized school, and is between the age of 5 years and 20 years. However, if the child completes the age of 20 years in the middle of an academic year, the allowance will be allowed till the end of that academic year. CEA will not be admissible for a child for more than two academic years in the same class. Regular attendance is an essential condition. If the period of absence exceeds one month without proper leave, the allowance is not payable even if the child continues to be on the roll of the school.
III.
The allowance will be admissible to the government servant while on duty, on leave (including Extra Ordinary Leave) or under suspension, but not admissible for the period treated as 'dies non'.
IV.
In the case of quitting service on resignation/ retirement/ discharge/ dismissal/ removal, during the course of an academic year, the allowance will be admissible up to the end of that academic year.
In the case of death of the government servant while in service, the CEA/RTF/Hostel Subsidy will be admissible even after academic year subject to observance of other conditions of its grant if the spouse of the deceased is not employed in service of the Central Government, State Government, Autonomous Body, PSU, SemiGovernment Organization, such as Municipality, Port Trust Authority
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or any other organization partly or fully funded by the Central Government/State Government. CEA/RTF/Hostel subsidy will be admissible up to a maximum of three children at a time, born up to 31.12.1987 and restricted to two children at a time, born thereafter. This limit is inclusive of the children for whom hostel subsidy is availed. CEA is also admissible for children who are in receipt of scholarship. If freeship is awarded, reimbursement of Tuition Fee/Hostel Subsidy will be limited to the extent of fees actually paid. 19.5 19.5.1
19.5.2
Overtime Allowance The Fifth Central Pay Commission recommended discontinuance of overtime allowance except for staff car drivers, operational staff and industrial employees. The Government has, however, decided to continue status quo in regard to payment of overtime allowance subject to a review of the matter to make the eligibility for overtime allowance more restrictive and commensurate with the interest of government work. The payment of OTA may continue to be made as per the existing orders on the basis of notional pay admissible to the concerned government servant in the pre-revised scales of pay/pay slab as laid down in the existing orders. These instructions are applicable until further orders. Eligibility Non-gazetted employees drawing pay upto Rs. 2200/- p.m. in pre-revised scales of pay (including special pay, personal pay etc.) are eligible.
19.5.3
Emoluments Pay as defined under FR 9(21)(a) plus Dearness Allowance, CCA and Hill Compensatory Allowance.
19.5.4 Competent Authority to sanction OTA: Head of Office or any other officer of a rank not lower than that to Head of Office in respect of staff working under his control. 19.5.5
Condition for grant of overtime allowance
The following deductions should be made in calculating the overtime allowance:
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(i) (ii) (iii)
the normal one hour of free work; the time by which the concerned employee attends office late; and actual time taken for lunch break.
Maximum limit- The OTA in a month should not exceed onethird of monthly working hours. . 19.5.7 Overtime Register - Overtime Register in the prescribed form should be maintained in each office. Entries are to be made as and when overtime work is authorized and performed by the official. 19.5.6
For detailed information, reference may be made to the instructions/orders on overtime allowance to Central Government employees.
Reimbursement of Conveyance charges
19.6
Re-imbursement of conveyance charges is allowed for local journeys within municipal limits of the city in which headquarters of government servant is situated. The re-imbursement is governed by the provisions contained in the Delegation of Financial Power Rules, 1978. Conditions for re-imbursement of conveyance charges :
19.6.1 a)
The conveyance hire actually paid may be re-imbursed to a gazetted government servant who performs a journey, in public interest, within the municipal limits of the city in which his headquarters is situated, in a conveyance when a staff car is not available.
b)
For non-gazetted staff, reimbursement will be allowed, if no other form of compensation e.g. compensatory leave, overtime allowance etc. is availed by them.
c)
If more than one officer are required to proceed to a particular place on official duties, they shall share one conveyance.
d)
Reimbursement will be at the scheduled rate of charges for the conveyance used.
e)
Expenditure will be met from contingent charges.
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f)
19.7
The total amount of conveyance hire re-imbursement to a government servant whether gazetted or non-gazetted in any one month shall not exceed Rs. 150/-. To keep a watch on maximum limit of reimbursement of conveyance hire, a suitable register may be maintained by the DDOs. Grant of Cycle (Maintenance) Allowance
(i) Heads of Departments may sanction Cycle allowance at the rate of Rs.30 p.m. if the duties assigned to a post require extensive touring at or near the headquarters and maintenance of cycle is essential. No travelling allowance will be allowed within a radius of 8 kms. For journeys beyond 8 kms. and below 16 km, T.A. will be admissible if the journey is performed by other modes and if the place visited is outside local jurisdiction. For journeys beyond a radius of 16 kms. T.A. will be admissible under normal rules. (ii) For any period of more than one month at any time, if the cycle is not maintained or used, the allowance is not admissible for that period. The Cycle Allowance may be sanctioned initially for a period not exceeding two years at a time. The allowance is sanctioned with reference to posts and not the individual incumbents. 19.8
Travelling Allowance (T.A.)
19.8.1
T.A. Rules. a) a) Travelling Allowance Rules are provided in Supplementary Rules made by the President under FR 44. b) b) Classification of employees in Pay ranges: With effect from 01.10.1997, government servants are classified into five groupings based on their pay as under. 'Pay' includes Basic pay plus NPA and Stagnation Increment only (Special Pay, Personal Pay etc. not included). Rs.16,400 and above. Rs.8,000 and above, but less than Rs.16,400. Rs.6,500 and above, but less than Rs.8,000. Rs.4,100 and above, but less than Rs.6,500. Less than Rs.4,100.
19.8.2
Regulation of Supplementary claims promoted/reverted/pay revised retrospectively.
when
a) Except when there has been actual changes of duties, T.A. claim already settled should not be revised consequent on
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promotion/reversion or revision of pay retrospectively in respect of the period intervening between promotion/reversion and date of issue of orders. If the claim is preferred after the issue of orders of promotion/reversion/pay revision retrospectively, the same may be allowed with reference to the revised pay. b) Where the pay is yet to be fixed, the claim may be preferred after the pay fixation. The Head of Department may relax the provisions of SR 194-A, if due to this reason the claim becomes one year old. If the claim is preferred before fixation of pay, the same will be allowed on the basis of pre-revised pay. c) In the case of late authorisation/drawal of increments with retrospective effect other than those where increment withheld, revision of T.A. claim is permissible. Supplementary T.A. claim may be admitted on the basis of enhanced pay including the increment and amount already drawn will be adjusted.
Different kinds of Travelling Allowances
19.8.3
The following are the different kinds of Travelling Allowances admissible under different circumstances: (a) (b) (c) (d) (e)
Permanent Travelling Allowance. Conveyance Allowance. The actual cost of travelling. Mileage Allowance. Daily Allowance.
Among the above, Mileage Allowance and Daily Allowance are applicable for T.A. on tour and transfer. (a)
Permanent Travelling Allowance
A permanent monthly travelling allowance is granted to a government servant whose duties require him to travel extensively. This allowance is granted in lieu of other forms of T.A. for journeys within his sphere of duty and will be drawn all the year round, whether he is absent from his headquarter or not. However, permanent travelling allowance is not admissible for periods of leave, temporary transfer or joining time. It is also not admissible, if in any particular case, T.A. of any other kind is drawn. (b)
Conveyance Allowance
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A monthly conveyance allowance is admissible to a Central Government servant who is required to travel extensively at or within a short distance from hqrs. but not eligible for daily allowance. The rates and conditions governing the grant of allowances are contained in Government of India order No. (1) below SR 25. Terms and allowance
Conditions
for
grant &
drawal of
conveyance
i) For initial fixation of Conveyance Allowance, the officer is required to maintain, for at least three months, a log-book of journeys qualifying for the allowance. A longer period may be prescribed by the sanctioning authority. The log book should contain the details regarding places visited, distance covered, purpose of visit and mode of conveyance used. Journeys within 16 kilometers of the place of work should be recorded. ii) No allowance shall be admissible unless the average monthly travelling on duty is more than 200 Kms. iii) Journeys between the residence and normal place of duty shall not be included. iv) Journeys on foot or by bicycle will not qualify for grant of allowance. v) The officers who are granted conveyance allowance under these rules will not be entitled to any other travelling allowance for journeys upto 16 kms. vi) The allowance at the rate prescribed under these rules for journeys performed by own motor car will be admissible in the case of officers with pay of Rs. 2800/- (pre-revised) or more and who own, maintain and use motor car for official journeys within a distance of 16 kms. vii) If the motor car is not maintained or remains out of order for any period exceeding 15 days at a time, the conveyance allowance is not admissible for that period. viii) The allowance is not admissible during joining time, leave (including holidays prefixed/suffixed), temporary transfer and when away from headquarters on tour for a period of 15 days or more. (c)
Actual Cost of Travelling
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The Toll tax charged at any station by the Municipality, Corporation etc. limited to the amount actually paid may be allowed to a government servant proceeding on tour to that station in addition to the Travelling Allowance admissible, if toll tax for that station is reimbursed by the State Government concerned to their employees under their own TA Rules (SR-53-A). (d)
Mileage Allowance.
(i) A mileage allowance is an allowance calculated on the distance travelled which is given to meet the cost of a particular journey which includes fare paid for the rail/steamer/road/air journey and Daily Allowance at the rates prescribed for the period of journey to meet on the way expenses (SR-29). (ii) Principles of calculation: Mileage allowance is calculated for the journey by the shortest of two or more practicable routes between places. However, if the route is not shortest but is cheaper, mileage allowance is calculated on the route actually used. When there are two or more routes and the difference in terms of time and cost is not great, mileage allowance should be calculated for the route actually used (SR-30). (e)
Daily Allowance.
Daily allowance is a uniform allowance for each day of absence from headquarters, which is intended to cover the ordinary daily charges incurred by a government servant in consequence of such absence (SR-49). Daily allowance is admissible at the rates which are revised from time to time. The rates are different for different slabs and they also vary depending on whether the government servant stayed in a hotel or Government/Public Sector Guest House or made his own arrangement. (GOI (I) below SR-51). 19.9 19.9.1
Travelling Allowance on Transfer. (SR 2(18) & SR 114) Transfer' means the movement of a government servant from one headquarters station in which he is employed to another such station either to take up the duties of a new post or due to change of headquarters. T.A. is drawn by a government servant only, if the transfer is in public interest. A transfer at his own request is not treated as a transfer for the public convenience unless the authority
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sanctioning the transfer, for special reasons to be recorded, otherwise directs. 19.9.2
A government servant in transit from one post to another ranks in the grade to which the lower of the two posts would entitle him ( SR-19).
19.9.3
Transfer T.A. is allowed to family members existing on the date of transfer and not for any member added to the family thereafter. The number of fares admissible will be as on the date of the journey.
19.10
Entitlement on Transfer The entitlements from 1.10.1997 in case of transfers involving a change of station located at a distance of more than 20 kms. from each other: (a) (b) (c) (d) (e)
19.11
Composite Transfer Grant equal to one month's basic pay; Actual fare for journey by rail/steamer/air/road for self and family; Cost of transport of personal effects; Cost of transport of conveyance; and One additional to and fro fare by entitled class to the government servant, on transfer, if he has to leave the family behind, due to non-availability of government accommodation at the new station.
Temporary Transfer (a)
Every transfer which is for a period not exceeding 180 days is considered as 'Temporary Transfer'. The transfer order should specify whether it is a regular transfer or temporary transfer not exceeding 180 days. Journeys from headquarters to the station of deputation will be treated as on tour for regulating TA and full DA for a maximum of 180 days will be allowed.
(b)
If a regular transfer initially made is revised as temporary transfer, the transfer T.A. already drawn should not be changed to the disadvantage of the official.
(c)
If a temporary transfer initially made for a period not exceeding 180 days is revised as regular transfer, full transfer T.A. will be admissible adjusting the TA drawn
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but the daily allowance drawn for the days of halt till the date of issue of order will not be so adjusted. T.A. for journeys on transfer within the same station or to a station at a distance of not more than 20 kms.
19.12
In case of transfer within the same station or within a short distance from the old headquarters, the entitlement will be as under :
Transfer within same station (a) No T.A. will be admissible, if no change of residence is involved. (b) If there is a change of residence as a result of transfer, only the following reimbursements may be allowed: (i) Composite Transfer Grant equal to one-third of basic pay; (ii) Actual cost of conveyance for self and family but not exceeding the road mileage allowance admissible for regular transfer; (iii) Actual cost of transportation of personal effects not exceeding the amount admissible for regular transfer. 19.13
19.13.1
TA entitlement to government servants deputed to undergo training courses. (i)
Government servants deputed for training will be entitled to T.A. as on tour. However, the Daily Allowance will be admissible as under : (a)
When boarding and lodging are not provided First 180 days ... Full D.A. Beyond 180 days ... Nil.
(b) Training Institutes where boarding and lodging facilities exist (including cases where a mess run on cooperative basis is available at the centre) First 30 days ... Full D.A. Next 150 days ... Half D.A.
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Beyond 180 days (c)
(ii)
(iii)
...
Nil.
(c) when boarding and lodging are compulsory and provided at fixed rates, special allowance is calculated as under: Outstation Actual participants expenditure on boarding and Irrespective of lodging plus the period of one fourth of Training course full D.A Local Actual participants expenditure on boarding and lodging only.
Halt at training station will be treated as continuous despite a trainee is required to proceed on tour to another station during training. No TA is admissible to government servant for training at the Centre/Institution located at their Hqrs.
Journey to give evidence during suspension or to attend courts or departmental enquiries.
19.14
Travelling Allowance for journey on tour (without D.A. for halt except where specifically mentioned) is admissible in the following cases: 19.14.1
Government servant himself an accused or facing an enquiry
(a) Where a government servant under suspension or not for performing journey to attend Police/CBI enquiry under the direction of or with the approval of the Head of Office. (b) A government servant appearing before the Enquiry Officer in a case against him. (c) Where a government servant under suspension for appearing in a Court of Law as an accused, if later on he is acquitted and reinstated in service and if the legal expenses incurred are reimbursed to him; TA for journey on tour may also be reimbursed by the administrative Ministry concerned. (d) A government servant on duty/leave/suspension for journey undertaken to stations where official records are made available for inspection: D.A. up to 3 days allowed: period of journey treated as
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duty/leave/suspension depending on whether as the official was on duty/leave/suspension. (d)
19.14.2
Advance of travelling allowance is admissible for officials under suspension to attend enquiry at an outstation including D.A. for the number of days specified by the Enquiry Officer.
To give evidence on facts coming to his knowledge in the discharge of public duties
(a) A government servant to give evidence on facts coming to his knowledge in official capacity in a criminal case, a case before a Court-martial, or a civil case to which government is a party or a departmental enquiry any fees received from Court (except conveyance expenses for journeys up to 8 kms) should be credited to government persons on leave also entitled to travelling allowance from and to the place from which he is summoned as if he was on duty. (b) A government servant to produce official documents or to give evidence in official capacity in civil cases T.A. should not be accepted from Courts; controlling officer concerned will make payment of T.A. to the government servant and recover from the Court the reimbursement in full for credit to government account. (c) When summoned by Criminal Courts to give evidence in official capacity, T.A. will be paid by the department, if the State is a party to the case. In other cases, payment will be made by the Courts. 19.14.3
Travelling allowance to witnesses, Presenting Officers and Defence Assistants.
(a)
T.A. is admissible as on tour to persons called to appear before a departmental enquiry as a prosecution witness, defence witness, presenting officer or defence assistant and will be paid by the department where the official is working
(b)
A government servant called to give evidence on facts coming to his knowledge when he was not in service is also entitled to T.A.
(c)
Defence Assistant is entitled to T.A. for inspection of documents also.
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Travelling allowance to retired government servants.
19.14.4 (a)
Retired government servant required to attend a departmental enquiry against him. No advance of tranvelling allowance is to be paid.
(b)
For perusal of documents in such cases, TA including D.A. up to 3 days is also allowed.
(c)
For attending Courts in judicial proceedings against the retired official, T.A. will be allowed, if he is honourably acquitted by the Court.
(d)
For attending Courts to give evidence in departmental case on facts which have come to his knowledge, in discharge of his duties while in service, or to present the case or to act as complainant, T.A. as on tour including D.A. for halts is allowed. The entitlements will be with reference to the post held by him before retirement. The grant of travelling allowance will be subject to production of a certificate from the Court that he has not been paid travelling allowance by the Court.
(e)
19.15
For appearing as Defence Assistant, T.A. is allowed as per subpara 19.14.2 above. Issue of Air Vouchers
Air Vouchers are issued to the officers of CBI who are either entitled or allowed to travel by air. The officers obtain their tickets from the Indian Airlines Corporation or Air India International, on the authority of the air vouchers. The Corporation sends its invoices to the Head Office for payment. The invoices are scrutinized and got verified from the officers who have travelled. It has also to be checked with reference to the particular TA Bills, that the amount has not been claimed in TA Bill, though the journey has been performed by Air Vouchers. Payment orders are recorded on the invoices and signed by AO(A) in respect of Head Office staff. A bill is prepared and submitted to the Pay and Accounts Office requesting them to issue a cheque for the amount claimed in the bill in favour of the Accounts Officers, Indian Airlines Ltd. or Air India Ltd. as the case may be. Similar procedure also should be followed by Branches using Air Vouchers.
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Railway Warrants
19.16
Railway Warrant facility is presently available to the Gazetted/Non-Gazetted Police Officers. This facility has now been extended to CBI personnel working in different ranks in Legal/Ministerial/Technical cadres to perform their journey by rail on official duties. The branches are authorised to issue Railway Warrants to the eligible staff for performing the official duty. The bills/claims of railway warrants are raised by the chief Accounts Officers of the respective Railways and are paid from the Budget Grants of CBI. A register has to be maintained in the form SPE G.26 for issue of Railway Warrants and the same has to be got verified from the Controlling Officer of D.D.O. Safe custody of Railway Warrants forms should be ensured by the Head of Office. The Officer issuing the Railway Warrants should satisfy himself that the journeys have been performed by the Officer in whose favour the Railway Warrant was issued.
Leave Travel Concession (LTC)
19.17
Provisions for leave travel concession are outlined in the Central Civil Services (Leave Travel Concession) Rules, 1988. 19.17.1
Extent of application
LTC Rules are applicable to all Central Government servants including Civilians in Defence Services, Members of All India Services, State Government servants on deputation with Centre, Contract staff, re-employed Government servant, SAS, Apprentices and Officers of Autonomous Bodies on deputation with Centre. These rules are not applicable to casual, part-time, Staff paid from contingencies, Railway/Armed Forces Services, National Airways and those eligible for any other form of Leave Travel Concession. 19.17.2
Scope
The concession is admissible to a government servant himself and his family. 19.17.3 (a)
Admissibility LTC is admissible only on completion of one year continuous service on the date of commencement of journey. Persons appointed on ad hoc basis are also covered by this provision.
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(b)
State government servants on deputation with Central Government are eligible for the concession on completion of one year's service under the Central Government. However, this is, subject to the certificate by the appropriate Administrative Authority that the employee concerned is likely to continue to serve under the Central Government for a period of at least two years in the case of LTC to Home town and at least four years in the case of LTC to visit any place in India to be reckoned from the date of joining the post under the Central Government.
(c)
In the case of contract officers where the initial contract is for one year and later extended, the total duration of the contract will be taken into account for the purpose of LTC.
(d)
In the case of persons re-employed immediately, after retirement without any break, the period of re-employed service will be treated as continuous with the previous service, provided LTC would have been admissible to the re-employed officer had he not retired but continued in service.
19.17.4
Types of Leave Travel Concessions
(a)
LTC to visit Home town is allowed once in a block of two-years.
(b)
LTC to visit any place in India once in four years is in lieu of one of the two Home town LTCs available in that block.
(c)
Both the LTCs can be availed of irrespective of the distances of places from the headquarters. Against the particular fouryears block, one can avail the concession to visit (i) Home town during each of the two-year block or (ii) Home town during one block and All India LTC during the other block.
19.17.5
Carry over of leave travel concession
LTC of either type not availed till the end of the particular block of two-year can be availed during the succeeding year. The date of commencement of outward journey only is taken into account for this purpose. 19.17.6 (a)
Declaration of Home town. The government servant should declare his home town to the Controlling Officer in the prescribed form as soon as he joins service. Such declaration duly accepted by the Controlling
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Officer should be kept in the service book and the receipt of the declaration entered. No detailed verification is necessary before accepting declaration initially. (b)
Change of Home town. - The "Home town" once declared can be changed once during the service and accepted by the Head of Department.
The following criteria, one after the other, may be applied before the change is accepted: (i)
whether the place declared is the one which requires his physical presence at intervals for discharging domestic/social obligations and whether he had been visiting the place frequently;
(ii)
whether the government servant owns residential property in that place or whether he is a member of a joint family having such property there;
(iii)
whether his near relations are permanently residing in that place;
(iv)
whether prior to his service he was residing there.
19.17.7
Declaration of place of visit under leave travel concession to any place in India
Before availing LTC, prior intimation to the Controlling Officer is necessary. The declared place of visit may be changed before commencement of journey with the approval of controlling officer. 19.18
Cash Compensation The Executive Personnel of CBI are required to work on Saturdays, Sundays and Holidays. They are granted Cash Compensation in lieu of the aforementioned extra work @ 2 ½ days for every completed month of service subject to a maximum of 30 days once in a calendar year. The method of getting information with regard to number of days/dates on which an employee has attended office work on holidays during a particular month may be evolved by the Branch SsP of CBI themselves. EL/Commuted leave etc. have no effect on the grant of cash compensation. However, if a person is on any kind of leave for more than 30 days, the question of calculation of cash compensation for that particular month does not arise.
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19.19
Rewards and honoraria
19.19.1
Rewards : Cash rewards are given to the executive and prosecution staff for special achievements. These should not be sanctioned for routine work. The sanctioning authority should sanction rewards only in respect of officers/staff working under their administrative control. If any officer intends to sanction reward to any officer not working under his administrative control, he may send his recommendation with full justification to the concerned competent authority for consideration and orders with regard to sanction of rewards to such officer. The order sanctioning rewards would be issued by the unit where the officer is working at the time of disbursal. In terms of HO Circular instructions dated 26.12.97 and 20.05.98 (enclosed as Annexure-XI(A) & (B) ), powers for grant of rewards to an officer on a single occasion subject to the overall annual ceiling has been specified for compliance by all the officers of CBI as specified below :Rank SP/AD/AIG DIG/DD JD AD/SD Max ceiling Constable 500 750 1250 1500 5000 Hd. 600 1000 1500 1750 7500 Constable ASI 750 1250 1750 2000 8500 SI 1000 1500 2000 2250 10000 Inspector 1500 1750 2250 2500 12250 APP 2000 2500 12000 * Additional Maximum ceiling in respect of Constable/Hd. Constable/ASI performing driver duty.
19.19.2
Reward to RSO, Junior Engineer, CPWD, Telephone Operator Assistant(MTNL) can also be sanctioned by SP/Asstt.Director/ AIG/DIG/Dy.Director, Joint Director, Addl.Director, Special Director subject to the limits prescribed in terms of HO Circular dated 23.11.98 (See Annexure-XII(A)).
19.19.3
Rewards to the Group 'A' Gazetted Officers of CBI i.e. DSP and PP can be sanctioned by Director on the recommendation of the Reward Committee constituted for the purpose which is headed by the SDCBI or ADCBI as its Chairman, JD(A) and Director of Prosecution, CBI as members, subject to the limits of Rs. 5,000/- in a particular case with overall ceiling of Rs. 15,000/- per annum prescribed by the government in terms of Head Office Circular instructions dated 28.09.2000 (See Annexure-XII(B)). Reward to the officers of Government Departments other than CBI(Non Gazetted)
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Annual 7000* 8000* 9000* -
can be sanctioned by Addl.Director, Special Director and Director, CBI only. 19.19.4
Accident free reward for driving the vehicles - Reward of Rs.750/- can be granted to an individual in a financial year for accident free driving on completion of every 5000 kms run of a government vehicle for its good maintenance and economy of fuel consumption etc. Honorarium :
19.20
Remuneration to an employee from the consolidated fund of India for special work of an occasional or intermittent character is termed as "Honorarium". Honorarium should be granted to an individual for exceptional work and not for work of routine nature. Powers have been delegated to CBI Officers for grant of honorarium to an individual on a single occasion subject to the prescribed ceiling limit of Rs.2500/- in a financial year. Powers for grant of maximum honorarium to an individual in a financial year has been delegated to Director, CBI to Rs.2500/- . No honorarium to any Casual Worker is admissible. 19.20.1
Payment of honorarium is subject to the following conditions: (i) (ii) (iii) (iv) (v)
19.20.2
The work must be undertaken with the prior consent of the competent authority. Amount of honorarium to be paid should be settled in advance. The work is either so laborious or of such special merit as to justify grant of a special reward. The competent authority may pay due regard to the general principles enunciated in FR.II. The sanctioning authority shall record the fact mentioned at (iv) above in writing. The reasons justifying the grant of extra remuneration shall also be recorded. No honorarium is admissible for the reasons mentioned below:
(i)
(ii) (iii)
Compilation of demand for grants and preparation of budget estimate (Except Budget work of the Budget division of Department of Economic Affairs). Dealing with parliament questions. Convening of DPCs for confirmation, promotion etc.
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(iv)
(v) (vi) (vii)
(viii) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii) (xviii) (xix) (xx) (xxi) (xxii) (xxiii) (xxiv) (xxv)
Incentives to personal staff of Ministers or to other officers and staff for meritorious work such as working for long hours. Condemnation and disposal of unserviceable office stores. Work relating to the issue of award of printing contract. Closing of annual GPF accounts/Preparation of GPF statements (Except in the Indian Audit and Accounts Department where these items of work have not been taken into account while fixing staff norms). Calculation of Income Tax. Work relating to the reviewing, weeding and transfer of old records. Preparation of bills for payment of bonus. Preparation of annual reports. Preparation of bills for D.A. arrears. Preparation/Typing of lists of files to be sent to departmental record room/National Archives and similar other typing work. Stock verification of stationery stores. Supervising the job of vacating the stores and arranging segregation. Opening new pay bill ledgers. Taking out photocopies of various documents. Special work in arbitration case. Work relating to confidential reports. Work relating to allotment of residential accommodation. Work relating to preparation of CGHS Cards. (xxii) Normal work relating to the Hindi translation. (xxiii) Performing work relating to clearance drives. (xxiv) Exemplary work of commendable nature and devotion to duty. Work connected with celebration e.g. anniversaries of setting up of Autonomous Bodies/Organisations etc. under Ministries/ Departments.
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20.
20.1
ADVANCES
Advances are provided to the government servant for catering to his personal needs and/or to finance the acquisition of assets. It is an important welfare measure and contributes towards keeping up the morale. Under the provisions of General Financial Rules, 1963, two types of advances, namely, interest free advances and interest bearing advances can be sanctioned to a government servant, who is otherwise eligible under the relevant rules.
20.2
Interest Free Advances
20.2.1
Festival Advance Sanctioning Authority 236(GFR) Festivals
:
Head of Office- Rule
:
To be selected by Head of Department {See GID(l) below Rule 236 (GFR)}
Amount of Advance
:
Maximum Rs 1500/( Rule 241 (GFR)
Eligibility: a) Non Gazetted staff whose basic pay does not exceed Rs 8300 p.m (Rule 236 GFR). b) Employees on EL/Maternity leave are also eligible (Rule237-GFR). c) Employees who have taken advance to visit hill station in summer as a member of government sponsored party are not eligible for festival advance, in that financial year. d) Contingent staff are not eligible (Explanation below Rule 236-GFR). e) Temporary staff not likely to continue for at least 6 months after drawing advance are not eligible (Rule 240-GFR). f) Employees under suspension are not eligible (Rule 237GFR). g) Employees on half pay leave or extraordinary leave or LPR at the time of disbursement are not eligible (Rule-237GFR).
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Employee transferred during the year should certify nondrawal of advance in the previous office in that year - GID (1) below Rule 238-GFR. Conditions : a) The advance is admissible only once in a financial year even if the festival falls twice in a year ( Rule 238 GFR). b) Second/subsequent festival advance will be granted only if previous festival advance or advance for visit to hill station has been recovered in full. c) Should be drawn before the festival. The time-lag between dates of drawal and disbursement to be reduced to the minimum (Rule 242 and GID below Rule 244-GFR). d) In case of temporary employees a surety bond from a permanent employee having equal or higher status is needed. The surety bond is cancelled on the employee attaining permanent status. The requirement of surety bond can be waived, if recovery of advance can be done during temporary service of employee. Recovery: a) Should commence with the issue of pay for the month following that in which the advance is drawn (Rule 244-GFR). b) Not more than 10 monthly instalments (Rule 243-GFR). 20.2.2
Natural calamities ( Flood/Drought/Cyclone advance) Sanctioning Authority
: Head of Office (Rule 247-GFR)
Amount of advance : Maximum of Rs 2500/Eligibility
:
Non gazetted employees whose movable/immovable property has been substantially affected/damaged in an area affected by natural calamity. Conditions : a) area
Concerned State Government should have declared the having been affected by natural calamity
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(flood/drought/cyclone) and granted financial assistance to their employees in such area. b) Application must be given in Form - GFR-37 within three months from the date of orders declaring natural calamity. c) An employee applying for the advance has to give a declaration of the damage caused to his movable/immovable property due to natural calamity. If the employee’s declaration is later found untrue, he shall be liable for disciplinary action. Recovery : a) In maximum 25 equal monthly instalments with effect from the second issue of pay after advance is drawn. 20.2.3
Advances for training in Hindi through correspondence courses Sanctioning Authority
:
Head of Office
Amount of advance
:
Rs 150/-
Eligibility : a) Employees whose training in Prabodh/Praveen/Pragya is obligatory and who undergo the training through correspondence course conducted by the Central Hindi Directorate. Conditions : a) Advance is granted three months after start of the course. b) Employee should make satisfactory progress (Head of Office may seek a certificate from the Directorate). Recovery : a) a) Advance will be adjusted in cash award received by the trainee, if he passes and by recovery in four instalments from pay, if he fails.
20.2.4
Advance for Training in Hindi Typewriting and Stenography Sanctioning Authority
:
Head of Office
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Amount of advance For : Hindi Typewriting
Rs 100 or 6 months fee whichever is less
For Hindi Stenography Eligibility :
Rs 200 or 12 months fee whichever is less
:
Employees for whom training in Hindi Typewriting or Hindi Stenography is obligatory and who are eligible for grant of lumpsum award on passing the examination after training. Conditions : a) The advance is granted for payment of fees to a private institution. b) The advance is granted three months after admission. c) The employee should make satisfactory progress. Recovery : a) The advance will be adjusted against the lumpsum award admissible on passing the examination. b) If the employee does not pass the examination, the advance shall be recovered from his pay in 4 equal instalments. 20.3
Other Interest Free Advances
20.3.1
Advances on transfer: Advance of pay and travelling allowance is sanctioned under GFR 222 in the case of transfers in public interest. For mutual transfers specifically ordered at the request of the government servant, these advances are not admissible.
20.3.2
Advance of Pay: One month’s pay in the old post or in the new post, whichever
is lower, may be sanctioned as advance of pay on transfer. In case where headquarters of an office are shifted as a result of government policy, two months’ pay may be sanctioned as advance. The advance of pay, if not drawn at the old station, may be drawn at the new station. Advance of pay is not admissible for temporary transfers (Rule 223, GFR and GIDs 2 and 4). 20.3.3
Advance of T.A. on transfer:
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An advance not exceeding the travelling allowance admissible to the government servant may be sanctioned, including the T.A. for family members whether they accompany the government servant or follow him within the permissible time. However, if the government servant avails TA advance for self, only drawal of a second advance for the family is permissible separately for the travel of the family members within 6 months in normal transfer cases and within 12 months in the case of change of headquarters (Rule 223, GFR, GID 3). 20.3.4
T.A. advance on retirement: A retiring government servant is entitled to T.A. Advance as on transfer, to proceed to the place of permanent settlement, only if the journeys are performed during leave preparatory to retirement (LPR). No advance can be sanctioned for the journeys to be performed after retirement (Rule 224, GFR).
20.3.5
T.A. advance on Tour: The amount of advance to be sanctioned is ‘to cover the travelling expenses’ including fares, incidental charges, road mileage and D.A. generally for one spell of tour. In the case of prolonged tours in the interior places which are difficult of access, advance may be sanctioned to cover T.A. for thirty days, or six weeks in special cases. GFR 231 provides for grant of advance to meet expenses on the contingent charges also. But in practice, the amount required to meet contingent expenses arising on tour, e.g., if heavy equipment is to be carried involving transport/mazdoor charges etc. is separately given from out of the permanent advance as these charges are to be accounted for as contingent expenditure and not included in the tour T.A. claim.
20.3.6
LTC advance: The amount of LTC advance to be sanctioned is limited to 90% of the estimated amount of reimbursement for journeys both ways. In cases where the period of leave exceeds 90 days or the return journey is not proposed to be performed within 90 days, advance will be sanctioned for one way only. If the advance has been drawn for both ways and the return journey is not likely to be performed within 90 days, one-half of the advance is to be refunded.
Where the initial
journey is proposed to be performed by rail, the advance may be paid 60 days in advance to facilitate booking of rail tickets.
The
government servant is required to submit proof of booking the tickets
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within 10 days of payment of advance.
If the outward journey is
proposed to be performed otherwise than by rail, the advance may be granted thirty days in advance of the proposed date of journey. If the journey is not commenced within 30 days, the advance is to be refunded.
Leave Salary advance:
20.3.7
Advance of leave salary may be sanctioned to a Government servant proceeding on leave for a period not less than one month or 30 days. Thus, one can avail leave for the full month of February though it is less than 30 days and avail the advance. Similarly, if the leave is from 15th February to 14th March it is taken as one month though it is less than 30 days. The amount of advance will be limited to the leave salary clearly admissible, including allowances, after deducting GPF, IT, HRA, Advances, etc. In other words, if the net amount of salary payable after all the usual deductions including fresh recoveries, if any, is not less than the actual amount of leave salary due for the month the amount of leave salary may be paid as advance. Payment of leave salary advance is to be noted in the Pay Bills Register for watching adjustment (Rules 259 and 260 GFR). Interest Bearing Advances
20.4
General Provisions Instalments for Recovery: The advances shall be recovered in specified equal monthly instalments.
The maximum number of
instalments in which an advance can be recovered is given below : Sl No.
Type of advance
Maximum no of instalments
1
Warm Clothing advance
10
2
Table Fan advance
10
3
Typewriter advance
30
4
Motor Car advance
200
5
Motor Cycle/Scooter advance
70
6
Cycle advance
30
7
Personal Computer advance
8
House Building Advance
150 180 for Principal 60 for Interest
Page 148 of 148
When an advance is granted to an employee who is about to retire shortly the number of instalments shall be so adjusted as to ensure full repayment of advance and interest before retirement or termination of service. Amount of instalments: Each instalment shall be in whole rupees. However, the last instalment may be raised or reduced as may be necessary for recovery of the balance including any fraction of a rupee. Mode of recovery: The repayment instalments shall be recovered from the pay, leave salary or subsistence allowance, commencing with first such issue after the advance is drawn. Interest: Interest on advances will be charged at prescribed rates. Sanction for an advance shall indicate the interest rate 2.5% more than the prescribed rate with the stipulation that 2.5% rebate will be allowed, on compliance with the terms relating to recovery of amount. Calculation of interest: Interest may be calculated as per following formulae : i) When the principal amount of advance is repaid in equal instalments Total interest= n(n+1)/2 * A * 1/12 * r/100 ii) When a part of the advance is repaid in equal monthly instalments and the balance in lumpsum Total interest= n/2 ( P +L) * 1/12 * r/100 iii) When repayment is irregular, interest will be calculated for every month on diminishing balance. Alternatively, the balance outstanding at the end of every month should be aggregated and then interest calculated as follows: Total interest = Aggregate of balances outstanding every months* 1/12 * r/100 Where n= number of instalments including last instalment of lumpusum payment, if any A= Amount of each instalment r= Rate of interest
Page 149 of 149
P= Principal amount of advance L= Lumpsum payment Recovery of interest: Interest computed as above shall be recovered in the minimum number of monthly instalments. The amount of each instalment shall not be more than the amount of instalment for recovery of advance. The recovery of interest shall commence from the month immediately following that in which the repayment of the advance principal is completed. Illustration: Amount of Scooter advance
Rs 30000/-
Date of advance
5.3.98
Amount of each instalment(A)
Rs 500
No. of instalments(n)
60
Rate of interest(r)
11.5%
Interest
n(n+1)/2 * A/12 * r/100 60(60+1)/2 * 500/12 * 115/100 = Rs 8769/-
The interest will be recovered in 18 instalments, the first 17 being Rs.500 each and the last of Rs 269. Rate of interest for various types of advances Year in which advance drawn 1982-93 1983-84 1984-85 1985-86 1986-87 to 1989-90 1990-91 1991-92 1992-93 1993-94 to 1999-2000 2000-01
Motor Car/PC 9 9.5 10 11 8.5
Rate of interest Motor Cycle/ Cycle, Warm Scooter/ Moped clothing, Table Fan 8.5 8.5 9.5 9.5 10 10 11 11 7.5 7.5
10.5 12 14 15
8.5 9.5 10.5 11.5
7.5 8 8.5 9.0
14
10.5
8.0
Page 150 of 150
2001-02 2002-03 2003-04 20.4.1
13 12.5 11.5
9.5 9.0 8.0
7.0 6.5 5.5
Types of Advances : Warm Clothing advance Sanctioning Authority Amount of advance
: :
Head Of Office Maximum Rs 1500/-
Eligibility : All Group C and D employees, posted in hill stations for a period of one year, or more are eligible. Hill station means a place situated at a height of 1000 metres or more above sea level. Conditions : a) Head of Office should certify that employee is likely to stay (including period already spent) for not less than 12 months in the hill station. b) Second and subsequent advance may be granted only after three years from grant of earlier advance. c) In case of temporary employees a surety bond from a permanent employee having equal or higher status, is needed. The surety bond is cancelled on the employee attaining permanent status. The requirement of surety bond can be waived, if recovery of advance can be made during temporary service of employee.
20.4.2
Table Fan Advance Amount of advance: maximum of Rs 1000/-.
Anticipated
price
subject
to
a
Second Advance: A second advance should not ordinarily be granted within 10 years of the grant of previous advance. Eligibility :
Page 151 of 151
Group D employees living in a house provided with electricity and plug point but not having a fan are eligible. Conditions : a) The advance should not be granted to an employee under suspension. b) In case of temporary employees a surety bond from a permanent employee having equal or higher status is needed. The surety bond is cancelled on the employee attaining permanent status. The requirement of surety bond can be waived if recovery of advance can be made during temporary service of the employee. c) The employee is to submit cash receipt of table fan purchased for verification. d) The fan shall be considered government property till the advance and interest thereon is repaid.
20.4.3
Conveyance (Motor Car, Motor Cycle/Scooter & Bicycle) advance Conditions common to all types of Conveyance Advances: a) b) c)
d) e) f)
g)
The advance is granted for purchase of motor car, motorcycle/scooter, moped and bicycle. Advance shall not be granted for furnishing security at the time of registration. In case of temporary employees, a surety bond from a permanent employee of equal or higher status is necessary. Prior permission should be obtained or intimation of purchase be given, as may be necessary. The sanctioning authority should be satisfied about repaying capacity of the employee. The advance cannot be granted if the vehicle has already been purchased and paid for unless it has been purchased within a period of three months from the date of application and paid for by raising a temporary loan. Advance should not be sanctioned and disbursed when official is under suspension.
Page 152 of 152
h)
i)
j) k)
l) m)
n)
o)
p)
20.4.4
Advance can be granted only if the outstanding of previous advance, if any, with interest has been fully repaid. Purchase of vehicle should be made within one month from the drawal of advance. The cash receipt (in all cases) and registration book (in cases other than bicycle) should be produced for verification. The registration book must be shown within one month of purchase or two months of drawal of advance. If the employee fails to do so the advance shall be refunded with the penal interest. The vehicle after purchase should be hypothecated to the government. Prior sanction of the loan sanctioning authority is necessary for sale of the vehicle so long as the advance and interest thereon is outstanding. The sale proceeds must be used to payback advance and interest or for purchase of a new car within a month. In the latter case, the advance outstanding will be restricted to the cost of new car. Re-payment of the outstanding amount would continue at the rate fixed. Recovery of advance will start from first pay/leave salary/subsistence allowance after drawl of advance. Simple interest at prescribed rates, calculated on monthly reducing balance basis will be recovered in one or more instalments after the principal is recovered. The rate of interest charged for advances drawn in different years is given in para 20.4 of this chapter. Sanction order should indicate the rate of interest 2.5% higher than the prescribed rate with stipulation that 2.5% rebate will be allowed for prompt payment. Even if repayment is made more than once in a month it will be taken as a simple payment in a month for arriving balance for interest calculations. Sanctioning authority is department of Central Govt/Administrator or Head of Deptt for cases other than bicycle and Head of Office in case of Bicycle. An Under Secretary who is Head of Office may authorise a Section Officer under him to sign, on his behalf, sanction of cycle advance.
Motor Car advance Eligibility :
Page 153 of 153
Employees drawing pay including non-practicing allowance(NPA) and stagnation increment(SI) of Rs. 10500/p.m. or more are eligible. This condition may be relaxed by the Secretary to Ministry/Department in deserving cases {Rule 193 (ii)}. Amount of advance : a) On first occasion Rs 1,80,000 or eleven months’ basic pay +SI +NPA or price of car, whichever is the least. b) On second and subsequent occasions Rs 1,60,000 or eleven months basic pay +SI or price of car whichever is the least. c) In case of employees holding regular posts abroad the advance shall be further restricted to the amount admissible from foreign exchange angle. Other conditions : a) A second advance can be taken for purchase of a different make of car without selling previous one purchased with advance, but outstanding advance and interest must be repaid before grant of second/subsequent advance. b) Second and subsequent advances will be given only after 4 years from the date of drawal of previous advance. c) However, second/subsequent advance may be given even before 4 years in following cases: i) When an employee disposes of his car in India and proceeds on deputation/training abroad for more than a year and returns without a car or ii) when an employee is appointed to a regular post abroad and does not take his car with him or iii) when one had earlier taken advance for motor cycle and now desires for car, if outstanding amount of previous advance, if any, with interest is fully cleared. d) An advance can be granted in two instalments in case of employees holding regular post abroad, first for purchasing the car and second while coming to India for payment of customs duty the total being restricted to the overall limit prescribed.
Page 154 of 154
e) The advance can also be given only for payment of customs duty, to an employee on regular post abroad who brings a car subject to the overall limit. f) 20.4.5
Employee can pay more than one instalment in a month.
Motor Cycle /Scooter advance Eligibility : a)
Employees drawing pay (basic pay + NPA+SI) of Rs.4600/- p.m or more are eligible. This condition can be relaxed by sanctioning authority in deserving cases.
Amount of advance : a) On first occasion Rs. 30,000 or 6 months’ pay or anticipated price of motor cycle/scooter/moped whichever is the least. b) On second and subsequent occasion Rs 24000/- or 5 months’ pay or anticipated price of motor cycle/scooter/moped, whichever is the least. Other conditions : Other conditions are same as in case of motor car except that there shall be no need for hypothecation of the vehicle. 20.4.6
Cycle advance Eligibility : Non-gazetted employees whose basic pay + SI does not exceed Rs.5000/- p.m. Amount of Advance : Rs 1500/- or anticipated price of cycle including ST whichever is less {Rule 212 (i)} Other conditions : a) Subsequent advance will not be available within 3 years of the earlier advance.
Page 155 of 155
b) Priority will be given to those who have not availed the advance in the last 5 years. c) In case of temporary employees, a surety bond from a permanent employee having equal or higher status, is needed. The surety bond is cancelled on the employee attaining permanent status. The requirement of surety bond can be waived, if recovery of advance can be done during temporary service of the employee. Personal Computer advance
20.4.7
Eligibility : Employees drawing pay including SI and NPA of Rs 10,500/-.
Amount of advance : i) On first occasion: Rs 80,000/- or anticipated price of computer excluding customs duty) whichever is less. ii) On second/subsequent Occasion : Rs 75,000/- or anticipated price of computer(excluding duty) whichever is less. Other conditions : a) Application should be made on the prescribed form (GFR-27). b) In case of temporary employees, a surety bond from a permanent employee having equal or higher status, is needed. c) A second/subsequent advance can be granted only after 3 years from the drawal of earlier one. d) d) The advance can not be used for payment of customs duty. e) e) Computer purchased should be mortgaged to the government. f) Interest is charged at the rates prescribed as in case of advance for motor car. House Building Advance
20.4.8
Purposes of advance : a)
Acquiring a plot and constructing a house thereon.
Page 156 of 156
b) c) d) e) f) i)
iv)
g)
h)
Constructing a new house on a plot already owned singly or jointly with spouse. Getting a plot under cooperative schemes and building a house where title will vest in the official after the house is built. Enlarging living accommodation in a house owned by self or jointly with spouse. Constructing the residential portion alone in a shop cum residential plot in a residential colony. Purchase of a ready built house/flat from Government, Semi Government, local bodies, housing boards, development authorities. ii) Self financing Housing schemes iii) Cooperative Housing schemes. Private parties such as registered builders, architects, house building societies etc. , but not from private individuals. Conversion of hire purchase of house/flat into outright purchase, from State Housing Board or similar government controlled bodies. Repayment of a loan taken for purchase/construction of a house/flat if employee had applied for HBA before taking the loan (even if construction has been started already). Loan may have been taken from government source, or a non-government source including private institutions, friends and near relatives, PSUs, autonomous bodies and other registered societies funded by the government. Before obtaining loan from a nongovernment source, the employee must apply for HBA and go for the private loan only when HBA is denied due to paucity of funds.
Eligibility : a) b)
c)
d)
e)
All permanent employees. Other employees having rendered at least 10 years continuous service( including military service in case of re-employed exservicemen). Members of All India Services( IAS,IPS & IFS) deputed to Central Government, Public Sector Undertakings under the control of the Central Government, international organizations, autonomous bodies or a private body (These cases should be processed by the Head of the parent Department). Central government employees on deputation to another department or on foreign service (These cases should be processed by the Head of the parent department). Staff covered under Payment of Wages Act.
Page 157 of 157
Note : i) Employees of Union Territories and North East Frontier Agency(NEFA) are also eligible as per the above criterion. ii) If both husband and wife are Central Government employees and are eligible for HBA, the advance shall be admissible to only one of them. Central Government servants under suspension are also iii) eligible for advance subject to the condition that collateral security in the shape of mortgage bond from two permanent Central Government servants is obtained. Cost ceiling of the House: Cost of the house (excluding cost of land) should not exceed 200 times of pay (basic pay + stagnation increment + non-practicing allowance) subject to a maximum of Rs 18 lakhs and a minimum of Rs 7.5 lakhs. Thus, where the cost ceiling according to basic pay is less than 7.5 lakh an employee can avail HBA for building/purchasing a house as if costing Rs.7.5 lakhs. In case of self financing scheme, cost ceiling will be inclusive of land and development charges. Ceiling maybe relaxed upto 25% by the Administrative Ministry/Department in appropriate cases.
Amount of advance: Sl no.
Purpose
Amount of advance
1
For construction of a house in an existing plot in urban areas
50 times pay( i.e. basic pay + SI + NPA ) of the employee or Rs 7.5 lakhs or the estimated cost, or repaying capacity, whichever is least.
2
For purchasing a plot and constructing a house thereon
- As above -
3
For purchasing a ready built house
- As above -
4
For enlarging accommodation in an existing house in urban area
50 times of pay + SI + NPA or Rs 1.8 lakhs or the estimated cost or the repaying capacity whichever is the least.
Page 158 of 158
5
For construction /enlargement of accommodation in rural areas ( not falling on the periphery of a town or city)
The advance should Rs.1.8 Lakhs or 80% of land and construction enlargement and further his repayment capacity
not exceed true cost of or cost of restricted to
6
Where the employee owns a house jointly with other relations, or has coparcenary share in a house belonging to HUF of which he is a member and the employee desires to have a separate house for himself
The amount of HBA shall be restricted to 60% of the amount normally admissible to him
Note: Amount of advance can be reduced at the request of the employee (to avail reduced rate of interest) if the entire advance is not drawn. Repaying capacity Length of remaining service
Repaying capacity
Officials retiring after 20 years
40% of Pay( Basic Pay +SI + NPA)
Officials retiring after 10 years but before 20 years
40% of pay (Basic Pay +SI + NPA); 65% of gratuity may also be adjusted.
Officials retiring within 10 years
50% of pay (Basic Pay +SI + NPA); 75% of gratuity may also be adjusted.
Conditions for admissibility of HBA a)
b)
c) d)
The house to be purchased/constructed should be either at the place of duty or at the place where the employee proposes to settle after retirement. Employee /spouse/minor child should not own a house in the town/urban agglomeration where house/flat is proposed to be constructed/acquired. The title of the land should be clear in the name of employee/spouse/jointly. In case of purchase of ready built house/flat from private parties the house/flat should be new and unlived in. e) The house/flat should be used for residential purposes only.
Page 159 of 159
f) g)
h) i)
Advance shall be granted in respect of only one house/flat in the entire service. Employee should not have taken any loan from any other government source/semi government bodies /Housing bodies/local bodies/development authorities etc. However, where the employee has taken any such loan he should undertake to repay such loans with interest in one lump. Advance for ready built house will be only for outright purchase. In case of construction of residence on a shop cum residential plot in a residential colony i) Cost of land + cost of superstructure for both residence and shop(s) should not exceed the prescribed cost ceiling. ii) Entire property including shop(s) should be mortgaged. iii) Entire building including shop(s) should be insured against fire, lightening, floods etc.
j)
k) l) m)
In case of HBA for enlargement of the house i) Funds will be arranged from the officer’s own resources and this does not in any way affect his repaying capacity( a declaration of the employee to that effect is needed). ii) Two years should have elapsed after completion of the house( as per completion certificate). iii) Certified copy of approved plan is to be furnished. iv) The foundation is capable of taking additional load. v) HBA + loan raised from other institutions shall be restricted to the prescribed cost ceiling. In case of Central Government employees on deputation, the case is to be processed by the parent department. Sanctioning authority should be satisfied that employee is likely to be in service till the house is built and mortgaged. The advance should be utilised only for the purpose it is sanctioned. Misutilisation of advance shall entail disciplinary action. Any unutilised amount should be refunded immediately. Creation of second charge
Government servants may create a second charge on the property subject to the following conditions: i)
Prior permission of the Head of the Department should be obtained.
Page 160 of 160
ii) iii) iv)
v)
The second charge can be created only in r/o loans for meeting the balance cost of the house/flat. The total HBA plus the loan raised should not exceed the prescribed cost ceiling. Loan to be obtained should be from recognized financial institutions, such as, banks, government financial corporations, co-operative housing finance institutions, public companies formed and registered in India with the specific purpose of financing housing like, Housing Development Finance Corporation Ltd. Second charge can also be created for enlarging living accommodation in the house constructed/acquired with HBA, if two years have elapsed after completion of the construction of the house.Rs 1500/- or anticipated price of cycle including ST whichever is less {Rule 212 (i)}
Other conditions :
a) Subsequent advance will not be available within 3 years of the earlier advance. Rs 1500/- or anticipated price of cycle including ST whichever is less {Rule 212 (i)}
Page 161 of 161
21.
DRAWAL OF PAY, ALLOWANCES AND HONORARIA
21.1
Superintendent of Police incharge of a branch and Administrative Officer(Accounts) in CBI, Head Office have been declared by the Director, CBI as ‘Head of Office’ for that branch and CBI, Head Office respectively, under Rule 13(3) and 14 of Delegation of Financial Powers, 1978 and Controlling Officer under SR-191 for the purpose of TA Bills and Drawing & Disbursing Officer in respect of Gazetted and Non-Gazetted Officers working under him. The Office Superintendent or some other gazetted officer of the branch, such as a Deputy Superintendent of Police can be authorised by the Head of Office within the terms of the existing orders or Rules to perform the duties of drawing and disbursing officer under Rule 13(2) of Delegation of Financial Powers and Rule 35(2) of Receipt and Payment Rules, 1983.
21.2
Pay Bill Register is required to be maintained by the CBI Head Office as well as by each of CBI Branches. Separate registers are maintained for Gazetted Staff, Non-gazetted Executive Staff, Ministerial Staff, Constables and other Class IV Govt. servants. Under the existing arrangement, it is necessary to prepare only one copy of the Pay Bill to be sent to the Pay and Accounts Officer or Cheque Drawing DDO, CBI, as all information relating to drawal of pay and allowances by the Officers/Staff, is available in the Pay Bill Register.
21.3
In the case of officials placed under suspension, separate pay bill is to be prepared for drawing the subsistence allowance and other allowances admissible thereon.
21.4
The following allowances are generally drawn alongwith the pay (i)
Dearness Allowance (including Addl. DA)
(ii)
House Rent Allowance
Page 162 of 162
(iii)
City Compensatory Allowance
(iv)
Transport Allowance
(v)
Children Education Allowance
(vi)
Hill Allowance
(vii)
Conveyance Allowance
(viii)
Interim Relief
(ix)
Deputation (Duty) Allowance
(x)
Remote locality Allowance
(xi)
Bad climate Allowance
(xii)
Tribal Area Allowance
(xiii)
Kit Maintenance Allowance
(xiv)
Court Allowance @ Rs. 1000/- p.m. for ALA/DLA, Rs. 750/- p.m. for Sr.PP/PP and Rs. 500/- p.m. for APP.
(xv)
Gallantry Allowance at the following rates: a) President Police Medal for Gallantry Rs.750/- p.m. b)
Each of Bar to President’s Police Medal for Gallantry
: Rs. 750/- p.m.
c)
Police Medal for Gallantry
: Rs. 450/- p.m.
d)
Each of Bar to Police Medal
for Gallantry37[1] 450/- p.m.
21.5
37[1]MHA
:
:
Rs.
Allowance and Honoraria
letter No. 11026/10/98-PMA dt. 6.12.1999
Page 163 of 163
The bills relating to the following allowances/claims are prepared separately :
(i)
Overtime Allowance
(ii)
Reimbursement of Tuition Fees
(iii)
Reimbursement of Medical charges
(iv)
Travelling Allowance
(v)
Leave Travel Concession
(vi)
Any other allowance i.e. Reward etc.
(vii)
Robe Allowance @ Rs. 2500/- in 5 years for Law Officers
(viii)
Robe Maintenance Allowance @ Rs. 600/- P.A.
(ix)
Refreshment Allowance
(x)
One month’s extra pay i.e. Basic Pay + D.A. from Constable to Inspector in a Calender year
(xi)
Mufti Dress Allowance @ Rs. 500/- P.A. for Constable & Head Constable
(xii)
Grant of 75% discount by Indian Airlines to recipients of President’s Police Medal for Gallantry and Police Medal for Gallantry on the air journeys performed by them on economy class w.e.f. 1.2.200138[2]
Similarly, separate honorarium. 21.6
bills
are
prepared in
regard to
grant
of
Advances : The bills for the following advances are prepared separately:
38[2]MHA
(i)
Advance from the GP Fund
(ii)
Festival Advance
letter No. 11026/17/99-PMA dt. 5..2.2001
Page 164 of 164
21.6.1
21.7
(iii)
Cycle Advance
(iv)
Motor Cycle Advance
(v)
Leave Salary Advance
(vi)
Motor Car Advance
(vii)
TA Advance
(viii)
Advance of Pay
(ix)
Other Miscellaneous Advance
The advance bills may be prepared in the prescribed format cited in Rule No. 165 of Receipt and Payment Rules, 1983.
Recovery Registers :
The following Registers are to be maintained to keep a watch on the recoveries of advances sanctioned to the staff : (i)
Cycle Advance Recovery Register
(ii)
GPF Advance Recovery Register
(iii)
Festival Advance Recovery Register
(iv)
Motor Cycle Advance Recovery Register
(v) Adjustment Register for TA/LTC Advance and Transfer TA Advance (vi)
21.7.1
Register for recovery of other advances
Whenever advances are granted, it is necessary to make the entry in the appropriate registers to ensure recoveries as per the norms.
Page 165 of 165
21.7.2
21.8
At the beginning of each financial year, the balance of various outstanding advance except GPF is to be intimated to Pay and Accounts Officer concerned.
Reward to subordinate Police Officers For granting rewards to the subordinate Police Officers, a Reward Roll Statement is to be used in Form G-12.
Page 166 of 166
22.
CONTINGENCIES
22.1 Contingencies or ‘contingent expenditure’ means all incidental and other expenditure, including expenditure on stores, which is incurred for the management of an office or for the working of technical establishment, such as a laboratory, workshop, industrial installation, store depot and the like, but does not include any expenditure which has been specifically classified as falling under some other head of expenditure such as ‘works, tools and plants’. 22.2 The powers of Director as Head of the Department to incur expenditure on contingencies are specified in Schedule V to the Delegation of Financial Powers Rules, 1978. The Director, CBI has further re-delegated these powers to various officers in CBI. Detailed chart showing internal delegations is placed at Annexure-XIII. 22.3 Under Rule 90 of the General Financial Rules, the Head Office has been granted a permanent advance (Imprest) of Rs.2000/- to provide for emergent petty advances of all kinds or for such payments as have to be made in advance for drawing bills. Permanent advances have also been granted to branches, according to their requirements39[1]. 22.4 A contingent register showing different heads of contingent or miscellaneous expenditure is maintained. The annual budget allotment is also noted in that register. Expenditure under each minor head is watched through that register. The bills are prepared and the amounts are drawn on fully vouched contingent bill forms. Sometimes for meeting urgent contingent expenditure, advances are also drawn on abstract bill forms under the provisions of Receipt and Payment Rules. 22.5 Vouchers: Vouchers/receipts for payments of Rs. 500/- or above are to be sent to the Pay and Accounts Officer, CBI. Others are kept in the office alongwith the bills, after they are cancelled with a rubber stamp. The provisions of Rule 109 of Receipt & Payments Rule have specially to be observed for defacement or cancellation and preservation of the vouchers.
39[1]
For detailed guidelines, GFR 90 may be referred to.
Page 167 of 167
23. GENERAL PROVIDENT FUND
23.1
Eligibility Temporary government servants with one year's service, reemployed pensioners not covered by Contributory Provident Fund Rules, and all permanent government servants have to subscribe compulsorily at a minimum of 6% pay (maximum 100% pay) every month to General Provident Fund. Persons completing one year's service during a month are to subscribe from the following month, i.e., recovery commencing from the pay for the month following the one in which they complete one year's service. Temporary government servants (including Probationers and Apprentices) likely to continue for more than a year in service may subscribe any time before one year. No recovery should be made during the last three months service before superannuation (e.g. For employees retiring on 30th June, subscriptions are not to be recovered from the pay for April, May and June).
23.2
Procedure to be followed by Head of Office The Head of Office is required to send to PAO statement in duplicate by 15th of every month with particulars of employees eligible to subscribe to GPF three months hence, for allotment of account numbers, in the prescribed form. No application from the official is necessary. The duplicate copy of the statement will be returned by the PAO duly completed with account numbers allotted to the officials. However, in the case of temporary employees choosing to subscribe before one year, applications are to be forwarded as per the old procedure for allotment of account numbers. In any case, subscriptions should be recovered only after the account numbers are allotted.
23.3 23.3.1
Nomination Submission of nominations - Every government servant should submit nomination in the prescribed form immediately on joining the Fund. While an employee not having family may nominate any other person, the nomination should be in favour of family member(s) only in the case of one having family. The subscriber may provide in the nomination that the nomination shall become invalid in the event of the happening of a contingency specified therein e.g. a bachelor may nominate his father or mother. He can specify in the
Page 168 of 168
nomination that the nomination will become invalid in the event of his subsequently getting married. If the nomination is made in favour of more than one person, the proportionate share in which the amount will be payable should be specified clearly in the relevant column. At any time, the nomination may be cancelled by the government servant. Revised nomination may be sent to the PAO through the Head of Office. Change of nomination is permitted even after retirement but before the final payment is made. Every nomination takes effect from the date it is received by the PAO. 23.3.2
Action by the Head of Office : Nominations submitted by the officials should be carefully scrutinized by the Head of Office before forwarding the same to PAO and it should be ensured that the instructions contained in the nomination form as also the provisions in GPF Rules are complied with to avoid complications at a later stage. A copy of the nomination may be kept in Part II of the service book of the official. Receipt of acknowledgement from PAO should be watched and kept in record.
23.3.3
Definition of Family : 'Family' includes, spouse, parents, children (including adopted child/ward), minor brothers, unmarried sisters, deceased son's widow and children and where no parents of the subscriber is alive, a paternal grandparent. For a male subscriber, more than one wife is included, but a judiciously separated wife is excluded, unless the subscriber expresses in writing otherwise. A female subscriber may exclude her husband from her family for this purpose.
23.4
Noting GPF Account Number in Service Book As soon as the account number is allotted by the PAO, this should be entered in the service book of the official.
23.5 23.5.1
Subscription Rates : The amount of subscription should be fixed by the government servant in whole rupees, subject to a minimum of 6% of emoluments and not more than the total emoluments. The subscription will be rounded off to the nearest rupee, even if it happens to be less than 6%. For this purpose, pay drawn on 31st March will be taken into account for subscription during the ensuing financial year. For subscribers joining service during the year and start subscribing to the GPF, emoluments drawn on the date of joining the Fund is taken into account. The rate of subscription need not be varied consequent on revision of pay during the year, except
Page 169 of 169
when required under specific orders e.g. on revision of pay scales on the recommendations of Pay Commission. 23.5.2
Change of amount of subscription : Subscription may be increased twice and/or reduced once at any time during a year.
23.5.3
Recovery of subscription - Recovery should commence from the pay for the month following the one in which a temporary employee completes one year service. During periods of suspension, recovery is not to be made. On reinstatement, he may opt for recovery of arrear subscriptions due for the period of suspension. During the period of EOL/HPL, the official can opt not to subscribe to the Fund. In such cases, subscription recovered shall be proportionate to the number of days spent on duty including leave, if any, other than EOL/HPL.
23.6
Interest: The rate of interest to be allowed on GPF deposits is determined by the government each year.
23.7
Advances: An advance up to three months' pay or half the amount at credit, whichever is less, may be sanctioned by the Head of Office to a subscriber for one or more of the reasons mentioned in GPF Rules Rule 12(1) : GID's 2,3,4,6 & 11. Advance in the case of Head of Office will be sanctioned by the next higher authority.
23.8
Special Advance
23.8.1
An advance in excess of 50% of the amount at credit, or three months pay, or involving recovery in more than 24 installments, or when the earlier advance is not fully recovered or where the advance is required for reasons other than those mentioned under Para 23.7, is treated as Special Advance. This can be sanctioned by Heads of Departments and various other authorities specified in V Schedule to GPF Rules. Heads of Offices authorized to exercise the powers of Heads of Departments under DFPRs can also sanction the Special Advance. Special reasons are to be recorded for sanction of such advances.
23.8.2
If the Special Advance is sanctioned before the completion of the earlier advance, the balance of the previous advance remaining outstanding will be added to the amount sanctioned as special
Page 170 of 170
advance and the total consolidated amount recovered in suitable number of installments not exceeding 36. Note : Advance is not to be sanctioned during the last three months of service before superannuation. 23.9
Recovery Recovery of the advance under Rule 12(1) in not more than 24 installments should commence from the pay for the month following the one in which the advance is drawn. Recovery of the Special Advance under rule 12(2) in not more than 36 installments will also be made in the same way, but it should be ensured that there is no break in the recovery of the earlier advance and the Special Advance. In other words, the Special Advance will be sanctioned and the installments fixed after taking into account the installments to be recovered in the next month against the earlier advance (Rule 13).
23.10
Withdrawals Authorities competent to sanction Special Advances can sanction withdrawals from GPF for one or more of the purposes mentioned in Rule 15, after completing stipulated service.
23.11 Final Payment of GPF Accumulations Final payment of GPF accumulations arises in the following events : (a) Resignation, termination of service, discharge for want of vacancy, dismissal and removal from service; or (b)
Retirement; or
(c)
Death.
In all the above cases, the amount standing to the credit of the subscriber with accrued interest becomes payable. 23.12
GPF Accounts of Group ‘D’ Employees The GPF account of Group `D' employees is maintained by the Head of Office/Head of Department.
Page 171 of 171
23.12.1
Duties of Head of Office:
(i)
The detailed PF Ledger Account in Form (Civil Accounts Manual) 47 should be maintained by the Head of Office in bound ledgers which will be machine numbered.
(ii)
The Head of Office or a gazetted officer nominated by him should initial the PF accounts monthly to ensure that the amount of subscription deducted, refund of advance and temporary and final withdrawals are posted correctly. He should also initial the entries in the ledger when signing for withdrawal from PF.
(iii)
He should ensure that the subscription recovered is subject to the minimum as per the GPF Rules. Regarding reducing/enhancing the quantum, he should ensure that reduction is not made more than once in a year and enhancement not more than twice in a year. When the subscription is reduced, it should not go below the minimum of 6% of pay prescribed in the rules.
(iv)
He should maintain a broad sheet in Form CAM 48 and all deposits and withdrawals should be posted direct from the ledgers and not from the schedules. He shall verify that the amount as booked in the broad sheet agrees with that of the total in the certificate of deductions attached to the pay bills/payments made during the month.
(v)
In all cases of new admission, he should verify the eligibility of the new subscriber and assign the Account No. with a prefix indicating the office to which the subscriber belongs. All permanent employees and temporary employees with a continuous service of more than one year are eligible.
(vi)
On receipt of a nomination, he should satisfy himself that it has been made as per the provisions of GPF Rules. Appropriate arrangements should be made for the safe custody of the nomination under lock and key in his personal custody or under the custody of a gazetted officer nominated by him in this behalf. Necessary entries should be made in the ledger/ and General Index Register and an acknowledgment should be issued to the official concerned.
(vii)
He should maintain a General Index Register in Form CAM 44.
Page 172 of 172
(viii)
Pass Books are to be issued to all the subscribers. At the end of each year, the Head of Office should obtain the Passbook, complete the entries in the Passbook and after making necessary endorsement to the effect that “the account has been transferred to PAO, CBI, New Delhi”, return the Pass book to the employee.
(ix)
When an official is transferred to another Ministry/Department, the Head of Office should complete the entries in the Pass book and after making necessary endorsement to the effect that “the account has been transferred to DDO concerned”, return the concerned Passbook to the employee.
23.12.2
On promotion to Group ‘C’:
If the Head of Office is able to certify that there are reasonable prospects of the promoted employee continuing in Group `C' for at least one year, the GPF account should be transferred to the A.O. concerned immediately. In case he is not able to certify as above, it should continue to be maintained by the Head of Office and transferred to the Accounts Officer after the concerned employee renders one year's continuous service in Group `C' post.
Page 173 of 173
24. 24. DEPOSIT LINKED INSURANCE SCHEME 24.1
The scheme is meant for the welfare of family members of the deceased government servant. According to this scheme, when a General Provident Fund/Contributory Provident Fund subscriber dies after having put in 5 years’ of service, the nominee of the subscriber is paid an additional amount (in addition to the actual General Provident Fund balance in the General Provident Fund (GPF) of deceased subscriber) if the balance in the General Provident Fund account of the deceased subscriber does not fall below the under mentioned limits at any time during the last 36 months preceding the month of death:
GPF (Vth Pay Commission Scale)
CPF (Pre-revised scale)
If the subscriber held a post in the scale of pay, the maximum of which is
Minimum monthly balance during the period
If the subscriber has Minimum held for the greater monthly balance part of the aforesaid 3 during the period years a post the maximum of the pay scale of which is
Rs. 12000 or more
Rs. 25000/-
Rs. 4000 or more
Rs. 12000/-
Rs. 9000 to Rs. 11999
Rs. 15000/-
Rs. 2900 to Rs. 3999
Rs. 7500/-
Rs. 3500 to Rs. 8999
Rs. 10000/-
Rs. 1151 to Rs. 2899
Rs. 4500/-
Below Rs. 3500
Rs. 6000/-
Below Rs. 1151
Rs. 3000/-
Note: Applicable in case of death of Note: The revised rates based on 5th subscriber on or after 31.5.2000. In pay commission pay scales has not case of death on or before 30.5.2000 old been received in respect of CPF. provision as per IVth Pay Commission pay scales only will apply. 24.2
The additional amount will be equal to the average balance in the account during the period of 36 months preceding the month of death, subject to a maximum of Rs. 60000/- in the case of GPF subscribers and Rs. 30000/- for CPF subscriptions. The maximum limit is to be applied after arriving at the average of 36 months and not at every stage.
Page 174 of 174
24.3
The balance for March every year will be inclusive of interest for the year. The balance of the last month of the three year period will include the interest upto that month. In the case of CPF, ‘balance’ and ‘average balance’ would mean only employee’s subscription and interest thereon.
24.4
This Scheme does not apply to persons appointed on contract basis (Rule 33-A/35-A and Notes thereunder). However, it is admissible in cases of death during the last 3 months of service during which no subscription is recovered.
24.5
In the case of missing employees, payment can be made to the nominee/legal heirs after expiry of a period of 7 years following the month of disappearance of the subscriber after completion of required formalities.
Page 175 of 175
25.
WELFARE MEASURES
25.1
For the welfare of the CBI employees, a Fund called Central Bureau of Investigation Benevolent Fund was created in 1973. It is governed by CBI Benevolent Fund Rules dated 11.10.1990. Its affairs are managed by Central Managing Committee.
25.2
According to the present CBI Benevolent Fund Rules, the objective for which the Central Bureau of Investigation Benevolent Fund was created is to provide financial relief to the following : (i) To any member of the fund who suffers from permanent disability, such as loss of eye-sight or a limb etc., incapacitating him for further service. (ii) To the family of a member of the fund in case of his death (upto and including the rank of SO/OS/Dy.SP and equivalent). (iii) To all members of the fund (upto and including the rank of SO/OS/Dy.SP and equivalent) who suffer partial disability or prolonged illness forcing them to remain on leave without pay for a period exceeding one month. (iv) To meet the funeral expenses of a member of the fund and to meet with the funeral expenses of the dependent of a member of the fund (i.e. mother, father, son, daughter & wife and in some cases grandfather or grandmother or minor brother or minor sister in case parents are not alive). The relief can be given upto the rank of OS/DSP or equivalent. (v) To a member of the fund or a dependent member of his family, if any of them is suffering from diseases like T.B. or Cancer etc. which require nourishing diet and no such relief is available to him under the Medical Relief Rules. (vi) For acquiring artificial limbs, hearing aids or any such device for either a member of the fund or any of his dependents. (vii) To any member whose property has suffered a severe damage owing to some natural calamity like flood, fire,
Page 176 of 176
drought etc. and his financial position is very weak. This financial relief may be given in addition to a relief, if any, that government may sanction on such occasions, if that is considered insufficient. (viii) To a member of the fund, upto the rank of Dy.SP/OS or equivalent to enable him to purchase sports kit or for special diet if he or a dependent member of his family is rated as an outstanding sportsman/athlete, such as holding the colour of the University and above or for his daughter/son who has secured more than 60% marks in Class-X/Higher Secondary/or higher studies and is prosecuting further studies. 25.3
The Director, CBI has the discretion, on the recommendation of the Central Managing Committee, to sanction expenditure or to grant monetary relief/aid in deserving cases of individual or general welfare of the members of the fund which are not covered by the rules.
25.4
According to the Benevolent Fund Rules, all personnel of the CBI should subscribe towards CBI Benevolent Fund during the period of their stay in the CBI. A declaration, in duplicate, in the prescribed form shall be obtained from all members of the staff of the CBI. This declaration shall be retained in the office in which the person concerned happens to be working at the time of his application. On transfer of a member to any other unit of the CBI, this declaration shall be sent to the new place of posting. A note shall be kept in the service book of the persons concerned duly signed by the Head of Office regarding the date from which the person commenced his membership of the fund/withdrew from his membership and subscription from members shall be collected at the rates fixed by the Managing Committee.
25.5
The Central Managing Committee of the Benevolent Fund at the Head Quarters of the CBI is presided over by Joint Director (Admn.), CBI. The other members of the Central Managing Committee are as follows : (i)
D.I.G.(Admn.), CBI
-
Vice-President
(ii) SP(HQ), CBI Member
-
Hony.
Secy.-cum-
(iii) Admn.Officer(A), CBI Member
-
Hony.
Treasurer-cum-
Page 177 of 177
(iv)
SP-I/ACB-I/CBI/Delhi
-
Member
(v)
A Dy. Supdt. of Police/CBI-
Member
(vi)
An Inspector/ Sub-Inspector/CBI A Head Const./ Constable of CBI A representative from the Ministerial staff
-
Member
-
Member
-
Member
(vii) (viii)
25.6
An account of subscriptions collected in the CBI Branches is maintained in the concerned Office in the register in prescribed proforma. This register will be a permanent record and the responsibility for its proper maintenance will primarily rest with the cashier of the branch, under supervision of the Superintendent of Police of the Branch. The accounts of the fund will be put up to the Superintendent of Police/Administrative Officer/Head of Office as the case may be by the cashier concerned, every month, for attestation. The Dy. Inspector General of Police, while inspecting the branches/units, will also check these accounts and see that these are being maintained properly.
25.7
Special benefits in cases of death of Central Government employees while on duty40[1] The families of Central Government Employees who die in harness in the performances of their bonafide official duties under various circumstances are eligible for the following compensation:-
25.7.1
Air-lifting of body if death occurs while on tour : In case of death of a public servant, while on tour in India or abroad, the body may be brought by air on a commercial flight to the headquarters or to home town, according to the wishes of the family. In such cases, the expenditure will be met by government41[2]. Sanctioning Authority - Head of Office under whom the deceased official was last working.
25.7.2
40[1]
Immediate Relief - If an employee dies while in service, his family will be eligible for immediate monetary relief of three months’ pay or Rs.8000/-, whichever is less in the form of an advance. The
No. DPAD.3/03/2872/37/1/2003-AD.III dated :- 3/7/2003.
G.I., M.H.A.,OM NO17/18/73-PUB I. dated 14.06.1973, circulated under D.G. P.&T. Letter No.B-26013/2/73-WL, dated 27.12.1973.
41[2]
Page 178 of 178
advance should be adjusted within six months against the arrears of pay and allowances, leave salary, death gratuity, balance in Contributory/General Provident Fund or any other payment due in respect of the deceased official - Appendix-7, Pension Compilation & GFRs 262-264. Sanctioning Authority - Head of Office or the gazetted officer at the lowest level under whom the deceased official was last working. 25.7.3
Relief from CBI Benevolent Fund Immediate relief amounting to Rs.15000/- to meet immediate expenses to the family/legal hairs of the deceased government servant upto and including the rank of Office Superintendent, Deputy Superintendent of Police and equivalent42[3]. Sanctioning Authority - DD(Admn.)/CBI. The concerned CBI branch will send a proposal to SP(HQ) CBI for sanction of the amount.
25.7.4
T.A. to the family of a deceased employee The family of an employee who dies in service may travel from the last headquarters of the employee to the home town, or to any other selected place of residence where the family wishes to settle down. If at the time of the death of employee any member of his family happens to be at a station other than his headquarters, such member may travel from the station to the home town or selected place of residence. But the claim will be restricted to what is admissible from the last headquarters to the home town or selected place of residence, as the case may be. If any member of the employee’s family proceeds from the last headquarters to a place other than the selected place of residence, the claim will be restricted to what is admissible from the last headquarters to the selected place of residence. Sanctioning Authority - Head of Office under whom the deceased official was last working.
25.7.5
Ex-gratia lumpsum compensation to families of Central Government Employees who die in harness. The families of Central Government Civilian employees who die in harness in the performance of their bonafide official duties under
42[3]
Head Office circular No.B-11015/1/87-89/CBI/BF dated 17.10.1990.
Page 179 of 179
various circumstances, shall be paid the following ex gratia lumpsum compensation. (a) Death occurring due to accidents in the -Rs.5 Lakhs course of performance of duties . (b) Death occurring in the course of performance -Rs.5 Lakhs of duties attributable to acts of violence by terrorists, anti-social elements etc. (c) Death occurring during (a) enemy Lakhs action in internationl war or border skirmishes and (b) action against militants, terrorists, extremists etc.
-Rs.7.5
The ex-gratia lumpsum compensation is not admissible if the death of the employee is due to accidents while traveling on duty by commercial aircraft, national or private. In the case of death of an employee while traveling on duty by railways due to train accidents, the amount of ex-gratia lumpsum compensation admissible will be reduced by the compensation, if any, received by the next of kin of the employee from the railways. Ex-gratia lumpsum compensation is in addition to other benefits - Admissible in addition to such other benefits as may be admissible under CCS(Extraordinary Pension) Rules or the Liberalized Pensionary Awards Scheme, CCS(Pension) Rules, 1972, General/Contributory P.F. Rules, Central Government Employees's Group Insurance Scheme. Sanctioning Authority - Concerned Administrative Ministries in consultation with their Financial Advisers. Proposal from branch should be sent to Head Office for sending the same to the Ministry. 25.7.6
Government accommodation : Adhoc allotment in the name of the ward/spouse of the government servant who dies while in service As per existing instructions, request for adhoc allotment to an eligible dependent is considered in case he/she gets an employment in an eligible office even after the death of the officer, provided such appointment is secured within a period of twelve months of the death of the officer and the other prescribed conditions are fulfilled. In the event of death of the allottee, in terms of the Directorate of Estates OM No.12035/4/98-Pol.II dated 9.6.1998, the family is
Page 180 of 180
now eligible to retain the government accommodation for a period of two years, on payment of normal rate of licence fee, subject to the condition that extended period of one year is not admissible in cases where the deceased officer, or his/her dependent owns a house at the place of posting. It has been decided that the ward/spouse may be allotted government accommodation on adhoc basis in cases where the eligible dependent secured employment within a period of two years from the date of death of the allottee, subject to fulfillment of other prescribed conditions including that of not being a house owner. No relaxation beyond a period of two years shall be permissible in any case43[4]. Sanctioning Authority :- SP(HQ)/CBI is the Estate Officer for accommodation available in Delhi while SsP of CBI ACB Branches are Estate Officers for the accommodation in the station out of Delhi. 25.7.7
Appointment : Compassionate Appointments of Dependents The detailed instructions on the subject have been mentioned at para 2.7 in Chapter 2.
25.7.8
Family Pension (Rule 54 of CCS(Pension) Rules, 1972) In the event of death of a government servant, his/her family are eligible for the grant of Family Pension. In case of a bachelor government servant, his/her dependent parents is eligible for the grant of family pension @ 30% of the last pay drawn plus D.A. as in force. Minimum family pension is Rs.1275/- p.m. Family pension is admissible on the following conditions: a) After completion of one year of continuous service; or b) Before completion of one year of continuous service provided the deceased government servant concerned immediately prior to his appointment to the service or post was examined by the appropriate medical authorities and declared fit by that authority for government service. Enhanced rate Family Pension: Enhanced family pension is payable from the date following the date of death for a period upto: (i)
43[4]
Seven years from the date following the date of death
Ministry of Urban Affairs & Employment, Directorate of Estates, New Delhi OM
No.12035/4/98-Pol..II dated 19.11.1998.
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(ii) Date on which the deceased government servant would have attained the age of 67 years, had he survived, whichever is less. After the expiry of the period given above, the family pension will be payable at normal rate. Normal rate of family pension. Normal rate of family pension is @ 30% of last pay drawn by the deceased government servant. If the deceased government servant after putting more than one year and less than 7 years dies, the family is entitled to get family pension @ 30% of the last pay drawn. 25.7.9
Death Gratuity (Rule 50 of CCS(Pension) Rules, 1972 In the event of death of government servant, his/her family is eligible for the grant of Death Gratuity on the basis of service rendered by the deceased government servant. Sanctioning Authority – For Family Pension & Death gratuity is Accounts Officer, P&AO, CBI, New Delhi. Concerned Head of office is required to send the complete pension papers of deceased government servant to PAO, CBI, New Delhi for the purpose.
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26. DEPARTMENTAL CANTEEN CANTEEN
26.1
Meeting the refreshment needs of employees in offices and workers serving in industrial establishments during their working hours is an obligation undertaken by every welfare oriented organisation. This responsibility can be fulfilled by running a well organised departmental canteen which will meet the welfare needs of employees and also make them more efficient at their work. A departmental canteen is therefore set up at government cost, inside a government department/office/establishment at ‘No Profit No loss” basis by employing the authorised number of canteen workers, whose affairs are controlled by a Managing Committee constituted by the Department/Office concerned.
26.2
The functioning of the departmental canteens is on the basis of instructions contained in the “Administrative Instructions on Departmental Canteen in Offices and Industrial Establishments” (Green Book) issued by Department of Personnel and Training. In smaller establishments employing less than 100 persons, tiffin rooms are set up instead of a full-fledged canteen. A Canteen/Tiffin Room is centrally registered with the Office of the Director of Canteens, DP & T, New Delhi. The Canteens/Tiffin Rooms, depending upon the strength of the establishment office staff have been categorised into the following types :
Total strength of the Department/Office/Establishment
Types of Canteen/Tiffin Room entitled
25 to 49
Tiffin Room
Type ‘B’
50 to 99
Tiffin Room
Type ‘A’
100 to 249
Canteen
Type ‘D’
250 to 499
Canteen
Type ‘C’
500 to 699
Canteen
Type ‘B’
700 to 1200
Canteen
Type ‘A’
If the strength of the office/establishment is more than 1200, the Canteens may be grouped and categorised as Type 2A, 3A and so on, with the approval of the Director of Canteens, Department of Personnel & Training. The entitlement of various employees in various types of Canteens/Tiffin rooms is also provided in Green Book.
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26.3
Accommodation Accommodation for the canteen is to be provided by the department/office concerned. All initial provision of fixtures, fittings, lighting arrangement, water storage tanks, white washing etc. and their maintenance thereafter will be the responsibility of the civil works agency of that department/office. The floor area for a canteen should be sufficient to provide a dining hall of a size where 1/3rd of the office strength could be entertained at a time and preferably should have separate rooms for kitchen, pantry, store, gas/fuel room, dry ration, fresh vegetable room etc. The nominal rent payable by the departmental canteens and tiffin rooms for the office accommodation occupied by them is Re 1 per annum. Subletting of the canteen premises to any private person is not permissible.
26.4
Management A Managing Committee is constituted for each departmental canteen out of the officers and staff of the department/office occupying the building in which the canteen is located. A model Managing Committee consisting of seven members including the Chairman, Honorary Secretary, Official Member and Staff Side Members to represent Group ‘C’ and “D’ should be constituted. One lady may be nominated as a co-opted Member. The tenure of the committee shall be three years normally. The rules of business for running of a canteen will be framed by the Managing Committee. Head of the Department/Office may depute a government servant of the rank of Section Officer or below if he can be spared out of the existing strength of the department/office for part time or whole time assistance to the Managing Committee of the canteen.
26.5
Personnel The canteen staff is treated as holders of civil posts in connection with the affairs of the Union of India w.e.f. 01.10.1991 vide DP & Trg. O.M. No.12/5/91-Dir(C) dated 29.01.1992.
26.6
Hygiene and Sanitation Inspection of the canteens should be carried out at regular intervals and through surprise checks by the Head of the Office, members of the management committee and the medical officer of the local medical establishment. The managing committee should arrange to maintain a record of these inspections in the Inspection
Page 184 of 184
Register/Sanitary Diary. A suggestion-cum-complaint book should also be maintained in the canteen. Model sanitary rules as issued vide 5/11/72-Dir(C) dated 28.08.92 must be made clear to every canteen worker. All the measures to procure standard provisions should be undertaken to avoid adulteration. Stern disciplinary action should be taken against any employee of the canteen found indulging in or doing any act which may lead to the adulteration. 26.7
Accounts & Audit Annual accounts comprising of income and expenditure, trading account, profit and loss account, balance sheet etc. must be prepared immediately on the close of the financial year. The account after having been internally audited, should be submitted to the integrated financial advisors of the department/office with copies to the director of canteen within one month of the close of every financial year.
26.7.1
It will be the responsibility of the canteen manager to complete and submit all accounts progressively prepared as on the last day of every month, within seven working days of the following month, after internal audit, to the honorary secretary for putting up to the managing committee.
26.7.2
The following account books and records are required to be maintained by the departmental/cooperative canteens : (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii)
Cash Book Ledger Stock Register (for expendable items, coupon books, crockery, empty containers etc.) Dead Stock Register Preparation Register (to show eatables produced) Sales Register (Work Sheet) Coupon Sales Register Salary Register Attendance Register Bill Register (for sales on credit) Kitchen Register (if a number of canteens are grouped together for kitchen functions) Journal (if number of daily transactions of credit sales and credit purchases exceeds five) Annual Accounts
26.7.3 The internal audit of the accounts of canteen/tiffin rooms should be carried out by the departmentalized accounts organizations.
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26.8
Sl.No.
Entitlement of Canteens/Tiffin rooms
employees
in
various
Canteens Type
Designation
types
of
Tiffin Rooms
A
B
C
D
A
B
1
Manager
1
1
1
-
-
-
2
Asstt. Managercum-Store Keeper
1
1
-
-
-
-
3
Manager-cumSalesman
-
-
-
1
-
-
4
Counter Clerk/Salesman/ Kitchen Clerk
2
1
1
1
1
-
5
Coupon/Reserve Clerk
1
1
1
1
-
-
6
Halwai
1
1
1
1
-
-
7
Asstt. Halwai
1
-
-
-
-
-
8
Cook
1
1
-
-
-
-
9
Tea/Coffee Maker
1
1
1
1
1
1
10
Bearer
7
5
3
2
-
-
11
Washboy/Dish Cleaner
2
2
1
1
1
1
12
Sweeper
1
1
1
-
-
-
19
15
10
8
3
2
26.8.1
26.8.1 In addition to above, the following staff is authorised in group of more than ‘A’ type Canteen under one management in lieu of staff at Serial Nos. 1 & 2 above. A Group of 2 ‘A’ Type A Group of more than Canteens 2 ‘A’ type Canteens
1
General Manager
1
1
2
Deputy General Manager
-
1
3
Accountant
1
1
4
Cashier
1
1
5
Store-Keeper
1
1
6
Internal Auditor
1 (Part-time)
1(Part-time)
Page 186 of 186
27.
MEDICAL FACILITES TO THE CENTRAL GOVERNMENT EMPLOYEES (INCLUDING CGHS)
27.1
The Central Government servants are entitled to medical facilities under the Central Services (Medical Attendance) Rules, 1944, the salient features of which are given hereunder:
27.2
These Rules are applicable to all government servants other than (i) those in Railway Service, and (ii) those of non-gazetted rank stationed in or passing through Kolkata, whose conditions of service are prescribed by rules made or deemed to have been made by the Central Government, when they are on duty, leave or foreign service in India or when under suspension. Following medical facilities are available under these rules: In India only 1. 2. 3. 4. 5. 6. 7. 8.
9. 10.
11. 12.
Avitaminosis and Hypovitaminosis. Correction of squint (eye). Testing of eye sight for glasses of the employees once in three years. Disease(s) causing general debility and secondary anaemia. Treatment for immunizing and prophylactic purposes in the case of communicable diseases only. Venereal diseases and Delirium Tremens. Treatment of sterility and operation for sterilization. Medical termination of pregnancy performed at government hospital/recognised institutions etc. Confinement including at residence if attended by Child Welfare and Maternity Centres staff ; prenatal and post natal treatment. Blood and blood transfusion charges. Dental treatment (only in government hospitals, private recognised hospitals) - Surgical operations needed for removal of Odontomes and impacted wisdom - tooth, Treatment of gum boils, Extraction, Scaling and gum treatment including pyorrhoea and Gingivitis, Filling of teeth , Root canal treatment etc. Anti-rabic treatment. Cost of Hepatitis Vaccine B & C.
Page 187 of 187
Following treatment can be availed outside India also a) b) c) d) e) f) g) h) i)
Cardio vascular Surgery. Kidney and other organ Transplant. Joint replacement and surgery. Bone-marrow transplant. Certain types of medical and oncological disorder, such as Leukaemia and neoplastic conditions. Micro vascular and neuro surgery. Treatment with laser which obviates the need of open surgery. Treatment with Argon, Krypton and Yag Laser in Ophthalmic cases. Extra corporeal stone disintegration by ultrasonic shock waves.
27.3
A government servant desirous of availing medical treatment outside India may make an application in the prescribed form through his Department/Ministry to the Standing Committee established under this rule. On receipt of such application, the Standing Committee, if after due consideration it is satisfied that the patient can be treated only outside India, may issue a certificate to the concerned Department/Ministry conveying its approval of the application and the concerned Department/Ministry shall, on the strength of that certificate incur necessary expenditure in getting the government servant concerned or the member of his family treated in accordance with the procedure laid down by the Committee (Rules 8 & 11).
27.4
For getting medical treatment by the Central Government servant and his family members in India, the following Hospitals/Institutions are recognised: 1. All State Government maintained by Local Bodies.
hospitals
including those
2. All hospitals, primary health centres, maternity and child welfare centres and dispensaries recognised by State Governments for treatment of their employees and/or members of their families. 3. All hospitals/dispensaries attached to Public Sector Undertakings/Projects/Port Trusts.
Page 188 of 188
4. Cantonment hospitals in cantonment areas where there are no government hospitals, for treatment of government servants and their family members residing in those areas and also in the adjoining areas outside cantonment limits. 5.
All railway hospitals.
6. Pay Clinics in Bihar, Punjab, Haryana, Uttar Pradesh, Madhya Pradesh, Rajasthan and Chandigarh. 7. Private hospitals in particular stations notified by the Government of India from time to time (Rule 2). 27.5
In addition to the above, Head of Department as specified in SR 2(10) is empowered to appoint Medical Officers under the employment of the Central/State Governments and Union Territories, as also Medical Officers not in government employment i.e. Private Registered Medical Practitioners as Authorised Medical Attendants.
27.6
Private Medical Practitioners are appointed as AMAs where adequate number of government doctors in various systems of medicines are not available or when their services are not available within a radius of five kilometres or because of the remoteness of the area (Rule 2). The AMA so appointed, will be bound by the terms and conditions prescribed by the government from time to time under these rules. If the condition of the patient so requires, the AMA can send the patient to the nearest specialist or other medical officer or summon them to attend the patient (Rule 5).
27.7
The treatment at the consulting room of the AMA is limited to ten days with a maximum of four consultations and normally ten injections. The limit of four consultations within 10 days is applicable for attendance with a Specialist/other Medical Officer and will count from the date from which the Specialist/other Medical Officer is consulted. Consultation on the 10th day of treatment is permissible, if no medicine is prescribed on that consultation.
27.8
Cases of medical treatment requiring hospitalization are referred to government/ recognised hospital. If hospitalization is not considered necessary but treatment is expected to be prolonged, the patient should be referred to OPD of government / recognised hospital.
27.9
When a patient consults the same AMA in regard to the super imposition of another disease during the course of treatment of one disease, it is regarded as a fresh consultation and will be charged at
Page 189 of 189
full rates as prescribed by the government from time to time. To justify a fresh claim for the recurrence of the same disease for a second time, there should be a reasonable gap between the closing of the first spell and the recurrence of the second spell. A separate claim is to be preferred in respect of each spell of illness and or an entirely new disease (GID (21) in Rule 2). 27.10
The claim for reimbursement should be received within 3 months from the date of last treatment. However, subject to certain conditions, the Department may condone the delay. (GIDs (9) and (10) Section-1).
27.11
The government servant and their family members may receive treatment for all diseases for which treatment is provided under the rules in a government/recognised hospital outside the district/state but within India, provided :
(i)
Necessary and suitable facilities for treatment are not available in a government or recognised hospital at the district or state headquarters or within the district or state where one falls ill and
(ii)
The treatment outside the district/state is recommended by the Authorised Medical Attendant and countersigned by the Chief Medical Officer of the district if the treatment is undertaken outside the district or by the Chief Administrative Medical Officer of the state if it is to be undertaken outside the state. (G.I.D.(4) under Rule 6).
27.12
Travelling Allowance for medical treatment and attendance The government employees and their family members are entitled to undertake journeys to take appropriate medical attendance and treatment, if it is certified by the AMA/Specialist/Medical Officer attached to the hospital to whom the patient was referred, that the journey was unavoidably necessary to obtain the treatment. The patient ( government servant or his family member ) and attendant also ( wherever recommended) will be entitled to TA plus DA for the period of journey undertaken by rail, road, sea and air. No DA will be admissible for halt. The government servant is eligible for reimbursement of the travelling expenses of the donor of a kidney to him or to a member of his family for the journeys made in connection with the transplantation.
27.13
Central Government Health Scheme(CGHS) The medical facilities under the Central Government Health Scheme are available to all the employees paid from the civil estimates
Page 190 of 190
and their family members residing in the area covered by the scheme. An employee can opt out of the scheme and avail of the medical facilities provided by the employer of his spouse. If an employee or a member of his family covered under the Scheme falls ill at a place not covered under CGHS, the treatment shall be admissible under CS(MA) Rules44[1]. 27.14
The medical facilities to the Central Government employees and their dependent family members are provided under the Central Government Health Scheme in the following cities: Ahmedabad Gurgaon Nagpur
Ghaziabad Mumbai Bhubaneshwar
Meerut Bangalore Hyderabad
Allahabad Guwahati Noida
Kolkata
Jaipur
Patna
Chennai
Kanpur Lucknow
Ranchi
Jabalpur Pune Delhi/New Delhi Faridabad Thiruvananthapuram 27.15
Definition of Family: ‘ Family’ means employee’s (i)
Husband/Wife including more than one wife and also judicially separated wife.
(ii)
Parents and Stepmother. In the case of adoption, only the adoptive and not the real parents. If the adoptive father has more than one wife, the first wife only.
A female employee has a choice to include either her parents or her parents-in-law; option exercised can be changed only once during service. (iii)
Children including legally adopted children, stepchildren and children taken as wards subject to the following conditions :
Son -Till he starts earning, irrespective of age limit. Daughter -Till she starts earning or gets married, whichever is earlier, irrespective of age-limit. Son suffering from -No age -limit. Permanent disability of any kind (physical or mental)
44[1]
OM No.S.1101/6/92-CGHS Desk-CGHS(P) dated 4.8.94.
Page 191 of 191
(iv)
Widowed daughters and dependent divorced/separated daughters.
(v)
Sisters including widowed sisters.
(vi)
Minor borthers and dependent brothers.
27.15.1 But the above persons should reside with the government servants and their income from all sources should not be more than Rs.1500/- per month45[2]. 27.16
Contribution A compulsory monthly contribution is charged from all the entitled classes of government servants on the basis of rates fixed by the government from time to time. The present rates of contribution are as under: Pay Up to Rs.3000/Rs.3001 to 6000/Rs.6001 to 10000/Rs.10001 to 15000/Rs.15001/- and above
Rate of monthly contribution (Rs.) 15/40/70/100/150/-
27.16.1 When both husband and wife are Central Government servants covered by the scheme, the contribution will be recovered from only one of them whose pay is higher46[3]. 27.16.2 An employee transferred to another CGHS station or one who goes to serve abroad leaving his family at the old station may continue to pay the contribution and his family can avail the facilities at the old station for that duration47[4]. 27.17
Facilities available under the Scheme 48[5] i) Medical attendance including consultation with the AMA at a CGHS Dispensary.
45[2]OM
No.NB 12014(7)/92-CGHS(D) dated 31.12.1993.
46[3]OM
No.S-11011/6/98-CHS(P)dated 27.5.1998.
47[4]OM
No.S-12015/1/85-CGHS(P) dated 8.7.85 and amended from time to time. NO.S-11022/1/98-CGHS (P) dated 4.9.1998.
48[5]OM
Page 192 of 192
ii) X-Ray, Laboratory and other diagnostic facilities at CGHS Laboratories or other laboratories of CGHS wing of Hospitals/Private Hospitals recognised by CGHS. iii) Hospital services in the CGHS wing of Hospitals/Referral/Private Hospitals recognised by the CGHS. iv) Nursing Home facilities for those having a basic pay above Rs. 12000/-. v) Special treatment for diseases like TB, Cancer, Kidney Transplant and By-pass Surgery and facilities for Dental treatment (for few diseases). vi) Ante natal/confinement/post natal care facilities. Specialist consultation in selected centres/poly vii) clinics/hospitals etc. viii) Intra - ocular lens implantation/treatment and cost of spectacles after cataract operation. ix) Post-operative treatment relating to Neurosurgery, Cardiac Diseases, Cancer, Kidney transplantation and hip/knee replacement surgery in the same institutions/hospitals where the surgery was earlier carried out with prior permission of CGHS. x) Medicines prescribed during OPD treatment are provided by the CGHS dispensary concerned. No reimbursement is allowed for such medicines purchased from outside. xi) The scale of hospital accommodation is prescribed as under: Basic Pay
Private Hospitals AIIMS recognised by N.Delhi CGHS
Upto Rs.7500
General Ward
General Ward
Government/Municipal hospitals …
7500 and above
…
…
7501 to 10500
Semi-private Ward
General Ward
-do-
10501 to 13499
Private Ward
Private Ward
-do-
Deluxe Ward
-do-
13500 above
27.18
and
-do
Nursing Home facilities
Procedure for reference to Referral/Recognised Hospitals under CGHS The beneficiaries will have the option to avail specialised treatment at CGHS recognised hospitals of his/her choice if the specialist of the CGHS dispensary or government hospital recommends the patient for such specialised treatment.
Page 193 of 193
27.18.1 After the specialist advises a procedure in writing, the permission letter for taking such treatment in a CGHS recognised private/referral hospital of the choice of the employee in the same city, would be given by the parent department/office49[6]. 27.18.2 In case the beneficiary, inspite of the facility being available in the city still chooses to get treatment in another city, permission of the CGHS authorities of the city would have to be obtained. In such cases, no TA/DA will be paid by the government50[7]. 27.18.3 The government servant is allowed to take treatment from referral/recognised hospitals under CGHS in emergency. However, the term 'emergency' will be decided by the Additional Director, CGHS concerned whether the case is/was of real 'Emergency' before reimbursement is made by the parent department on the basis of rates fixed by the CGHS from time to time. 27.18.4 Ex post facto permission for treatment in government referral hospitals like PGI Chandigarh etc. can be given by the parent department51[8]. 27.19
Medical Advance The medical advance to the serving government servant for self treatment or treatment of the dependents on receipt of estimate from the treating doctor of a government/recognised hospital is available subject to the following conditions: i)
ii)
iii) iv)
Rs.10,000/- or the amount recommended by the doctor, whichever is less for indoor treatment in hospital and for OPD treatment in case of TB/Cancer. In case of major illness like by-pass urgery, kidney transplant etc., the advance may be limited to 90% of the package deal wherever it exists or the amount demanded by the hospital concerned52[9]. The advance is paid directly to the hospital concerned on receipt of an estimate. For settlement of advance, the employee concerned may be required to submit the adjustment bills within a period of one month from the date of his discharge from the hospital. In case the entire advance has not been utilised for the treatment of the patient, the head of
49[6]OM
No.S-11011/6/96-CGHS(P) dated 11.6.1997 No.S-11011/6/96-CGHS(P) dated 11.7.97 51[8]OM No.S-12020/4/97-CGHS(P) dated 4.7.1999 50[7]OM
52[9]
OM No.S.12025/1/96-CGS(P) dated.13.5.1997
Page 194 of 194
office concerned will correspond with the hospital for refund of the unutilised balance of medical advance53[10].
Settlement of Claim -
27.20
The government servant is required to prefer claim/bill within 3 months, from the date of discharge from the hospital. If the claim gets time barred, relaxation of delay is allowed by the department depending on the circumstances of delay. 27.20.1
The claim should have the following documents completed: a) b) c) d) e) f) g)
Claim Form Med. '97' and Essentiality Certificate ‘A’ for Outdoor treatment and 'B' for Indoor treatment. All original bills verified by the treating doctor with his stamp. Photocopy of CGHS Token Card. Discharge Slip of the Hospital in case of Indoor Treatment. A detailed list of all medicines, laboratory tests, investigations, number of doctors visits etc. Self explanatory letter from the beneficiary explaining the emergency circumstances in case of emergency. Legal heir certificate in case of death of the card holder.
27.20.2 Based on the rates fixed by the CGHS, the admissible amount is worked out by the department. If the rates claimed by the concerned are less than the rates fixed by the government, the actual amount is reimbursed. In case CGHS rates are not available for a particular item, the reimbursement is allowed on the basis of rate list of AIIMS. Incidentally, where AIIMS rates are also not available, the actual amount paid by the patient is reimbursed. Items mentioned in the list of inadmissible items under CS(MA) Rules are not reimbursable. Special Nursing Charges are to be reimbursed as fixed by the Ministry of Health from time to time54[11]. 27.20.3 In normal cases, AO(A)/AO(E)/SsP upto the amount of Rs. 1000/-, DIsG upto the amount of Rs. 5000/- and JDs upto the amount of Rs. 10000/- are empowered to accord sanction for reimbursement. In other cases claims are submitted to DCBI through JDs concerned for consideration.
53[10]OM 54[11]OM
No.S.12015/3/93-CGHS(P) dated 30.12.1993 NO. S-11012/1/91-CGHS(P) (Vol.I) dated 18.3.1992
Page 195 of 195
28.
CENTRAL GOVERNMENT EMPLOYEES GROUP INSURANCE SCHEME
28.1
28.2
Eligibility (i)
The scheme is compulsory for all regular employees including canteen employees.
(ii)
Employee joining service from Ist January of a year will be a member of the Scheme from the date of joining.
(iii)
Employee joining service on any other date will be entitled for insurance cover alone from the actual date of joining till the end of that year and will become full fledged member from the 1st January of the next year.
(iv)
Re-employed defence personnel shall not be admitted to this scheme until the expiry of extended insurance cover under the Group Insurance Scheme for Armed Forces.
Subscription and Insurance Cover (i)
Under the scheme monthly subscriptions are to be made by each group of employees to get the appropriate insurance cover as follows : (a) For members as on 31.1.1989, who opted for the old scheme : Group of Employees A
(b)
Subscription per Amount of month (Rs.) Insurance cover (Rs.) 80 80,000
B
40
40,000
C
20
20,000
D
10
10,000
For members as on 31.1.1989 who opted for the new scheme and those joining on or after 1.2.1989 :
Page 196 of 196
Group of Employees
A B C D
Subscription per month Amount of Insurance (Rs.) cover (Rs.) From date From of joining succeeding to Ist succeeding January Ist January 40 120 1,20,000 20 60 60,000 10 30 30,000 5 15 15,000
(ii)
If an employee is promoted to a higher grade in between a calendar year, his subscription will be raised w.e.f. the following 1st January.
(iii)
If an employee is reverted to a lower grade, his subscription and insurance will not be changed. It will remain as applicable to the higher grade to which he belonged before reversion.
(iv)
Subscription for a month shall be recovered from the employee’s salary for that month.
(v)
Subscription shall be recovered even for the month in which the employee ceases to be in service on account of retirement, death, resignation, removal etc. from service, or is on leave or suspension.
(vi)
If subscription is not paid during any period of extraordinary leave, the arrears will be recovered with interest due under the Scheme, in maximum 3 instalments, from the month following the month in which employee returns for duty. If an employee dies while on extraordinary leave , the arrears will be recovered with compound interest @ 12% p.a. from the amount payable to the family under the scheme.
(vii)
If subscription is delayed due to delayed payment of salary, no interest will be charged.
(viii)
In exceptional circumstances, when employee cannot subscribe to CGEGIS, he can make non-refundable withdrawal from his PF account and pay the subscription.
Page 197 of 197
(ix)
30% of the subscription will go to Insurance Fund and the balance 70% will go to Savings Funds.
Fifth Pay Commission has recommended to revise the proportion to 25% and 75% provisionally and review the same based on mortality rates. Interest on Savings Fund
28.3
Interest will be paid on the balance in the Savings Fund at prescribed rates, compounded quarterly. Benefits under the Scheme
28.4 (i)
On Resignation/Retirement :- Amount of subscription credited to the Savings Fund alongwith interest thereon will be paid to the employee.
(ii)
On Death : Amount of insurance cover of the group to which he belongs on the date of death and the accumulation in Savings Fund will be paid to his nominee/heirs.
(iii)
If an employee dies before he was enrolled as a member (i.e. between the date of his joining service and the following Ist January), only the insurance amount will be paid to the nominee/heirs.
(iv)
Assignment of Insurance Cover and Savings Fund for obtaining loans : An employee can assign the insurance cover and accumulation in the savings fund to a recognised financial institution, for obtaining housing loans. However, no loans/advance or withdrawals are permitted from Insurance Fund/Savings Fund.
(v)
The amount of subscription is eligible for Income Tax Rebate u/s 88 of IT Act. Mode of Payment
28.5 (i)
The payment under the scheme shall be made to the employee in case of retirement, or quitting service otherwise.
(ii)
In case of employee's death, the amount shall be paid to : (a)
if there is a valid nomination, to the nominee(s) in the manner prescribed.
Page 198 of 198
(iii)
28.6
(b)
if there is no valid nomination, as per valid nomination for GPF.
(c)
if there is no valid nomination for PF also, then in equal shares to widow(s)/minor sons and unmarried daughters. When none of these are alive, then to other members of the family in equal shares.
(d)
if neither any valid nomination is there, nor any member of the family is alive then to legal heirs on furnishing the succession certificate.
When the whereabouts of an employee are not known : (a)
Savings Fund accumulation will be paid to the nominees/members of the family/legal heirs after one year following the month of disappearance on furnishing a police report that employee is not traceable in spite of all efforts and an Indemnity Bond.
(b)
The insurance amount will be paid after 7 years of the disappearance on production of decree of presumed death of the employee.
(c)
Full subscription for the first year and reduced subscription for the insurance premium alone for the next 6 years will be recovered from the amount payable.
Other Conditions : (a)
The amount due to the minor can be paid to mother as natural guardian without any certificate in the case of non-Muslims and with guardianship certificate in the case of Muslims.
(b)
If any person eligible for share of benefits is charged with murder or abetting murder of the employee, his claim will be suspended. If he is convicted he will be debarred from receiving any share, if he is acquitted his share will be paid without any interest.
(c)
Any dues to the government cannot be recovered from amount payable under the scheme.
Page 199 of 199
29. ACCOMMODATION 29.1
The requirement of space for establishing CBI branch at a particular station is to be met from any of the following sources: i)
Allotment of government accommodation through State Government or Directorate of Estates (CPWD).
ii)
Accommodation owned by CBI.
iii)
Hiring of accommodation from Public Sector Undertaking/Any other government agency/private.
29.2
The requirement of space for accommodating a CBI branch is to be assessed keeping in view the guidelines of Directorate of Estates, operational requirements of CBI and special requirements of the branch. Directorate of Estates has formulated guidelines for calculating the requirement of conventional and non-conventional space in the office building vide its OM No.11015/15/98-Pol.I dated 7.8.1998, annexed as Annexure-XIV. The strength of the branch is taken into consideration for assessing the conventional space requirement. Further, guidelines regarding future requirement and austerity cuts are also to be taken into consideration.
29.3
Specific approval of Cabinet Secretariat is not required for getting office accommodation from Directorate of Estates. However, before sending any requisition to such authority, a detailed proposal with justification of requirement of the building/space should be sent to the Head Office for obtaining the approval of the Director/CBI. No space is to be taken from any other agency except with the prior approval of Director/CBI.
29.4
For CBI branch to have its own office building, purchase of land/ready-built building from state government/private agency/PSU is required. Any purchase of land or a building requires the specific approval and sanction of the Government. For getting the approval from the Government, a detailed proposal with full justification is to be prepared as per the following guidelines: a)
Requirement of land is to be assessed based on the office space requirements (both conventional and nonconventional as per norms fixed by the Directorate of Estates) and in consultation with CPWD.
Page 200 of 200
b)
While selecting the site, it should be ensured that land is not waterlogged and is suitable for construction of building. Efforts should be made to select the site which is centrally located and is convenient for CBI personnel.
c)
Offer of the landlord/Government with cost of land is to be collected.
d)
It is to be ensured that identified land is free from any dispute.
e)
Preference is to be given for purchase of land from the government agencies like CPWD/State Government/PSU, etc.
f)
The price of land is to be got assessed/verified by the CPWD inter alia reasonableness of cost of land certificate is to be obtained from CPWD.
g)
Draft Committee on Non-plan Expenditure Note (CNE) is to be sent alongwith the proposal if the total cost of land and building is Rs.5 crores and above.
h)
The proposal is required to be routed through Regional Office and Zonal Joint Director.
29.5
Once site for construction of office is purchased, further action for construction of building is to be taken by the branch without delay. CPWD is to be requested for preparation of architectural design, drawings and preliminary estimate for the office/quarters proposed for construction. While request is being made to CPWD, the requirement calculated as per the guidelines given above should be informed to the CPWD so that the requirement and the plan are in order. The proposal duly approved by the DIG and JD concerned must be sent to the Head Office. After the approval of Director, CBI, the proposal is sent to the government for sanction.
29.6
For hiring the building on rent for office purposes, efforts should be made to locate government owned/PSU/semi-government building. Where it is not available, private accommodation is to be hired. For this purpose, as per CVC guidelines55[1], it is mandatory to give wide publicity through local newspapers wherever the monthly rent of building is likely to be above Rs.60,000. On receipt of tenders
55[1]
OM No.5DD-6-CTE-5 dated 8.9.1999
Page 201 of 201
from the landlords, the suitability of the building with regard to the space entitlement of the branch, distance from bus terminus, railway station, work place, etc. is to be taken into consideration. If the building is found suitable, the CPWD authorities should be approached for making assessment of the rent and issue of rent assessment certificate. The requisite certificate of non-availability of government accommodation is also to be obtained from the CPWD. After completing all these formalities, a detailed proposal for hiring the accommodation should be sent to the Head office through the Regional DIG and Zonal JD. 29.7
29.8
As per the financial powers delegated to CBI vide Government of India MHA No.11011/18/86-Fin.II dated 26.12.1986 Director/CBI is authorised to hire a building on rent not exceeding Rs.5,000/- per month at a place other than Mumbai, Kolkata and Chennai. Director/CBI has full powers for continued hiring of office rented building wherever there is no change of rent as sanctioned by the Government (letter No.3/20/69-Finance(iii) dated 14th July, 1969(Annexure-XV). Residential Accommodation Efforts should be made by Head Office and all the branches to provide residential quarters to all CBI personnel by purchasing readybuilt quarters from state government /PSU/private agencies or by acquiring land and constructing the quarters.
29.8.1
29.9
Effort should be made to acquire houses of all categories from Type-I onwards, depending on the strength of staff and their entitlement. The BPR&D have fixed satisfaction level norm of 60% upto Type-IV quarters and 80% for Type-V and above. The quarters are to be acquired only on requirement basis. Directorate of Estates/CPWD has fixed the plinth area for various types of quarters which has to be adhered to while proposing purchase/construction of quarters in any category. Government approval and sanction is required for purchase of ready-built houses or purchase of land and construction thereafter through CPWD. Wherever it is proposed to buy/construct any quarters, a detailed proposal giving justification for the need and requirement should be sent to Head Office for obtaining the approval of the Director/CBI and Government. Cleanliness in government buildings In order to keep the office building neat & clean, appropriate number of posts of safaiwala have been sanctioned by the Government in the CBI branches. Where there is no regular post of
Page 202 of 202
safaiwala, cleaning work can be got done on contract basis by inviting tenders. The sweeping/cleaning work of the office buildings comes under the head “ Civil Works”. The expenditure upto Rs. 30,000/- on these works is within the delegated financial powers of the Zonal JD and the expenditure exceeding Rs. 30,000/- as enhanced from time to time is within the delegated powers of the Director, CBI. After obtaining sanction of the competent authority, the cleaning work of the branch/office is to be awarded to the concerned contractor/firm/agent against contract agreement duly executed between the contractor and the branch concerned. 29.10
Guidelines to be followed for awarding sweeping contract by CBI branches a)
The area of office space to be swept daily should be 11,000 sq.ft. (1025 sq.mtrs.) for engaging one safaiwala. In case the area is too small, contract is to be given to engage part time safaiwala.
(b)
In order to get competitive rates and enforce competition amongst the contractors, maximum sealed quotations, as far as possible, are to be called (minimum of 3 sealed quotations) from government registered/approved/ reputed contractors with rates separately quoted for work with cleaning material and without cleaning material.
(c)
The sealed quotations shall be opened by the head of office, in the presence of a committee consisting of 3 members constituted for the purpose. Negotiations can be made with the lowest bidder.
(d)
The award of sweeping contract should be as far as possible with cleaning material.
(e)
The contract shall be with an approved/registered government firm and shall not be with an individual. If no government approved or registered contractor is available in the area where the CBI office is located, the contract can be awarded to a standard/reputed firm after thorough enquiry.
(f)
The contract may be given only to such a firm which has sufficient men on its rolls and which can provide a substitute in case the safaiwala already deputed proceeds on leave or is absent from duty.
Page 203 of 203
(g)
The authority competent to award the contract shall award the sweeping contract to the lowest tenderer for a period not exceeding one year with an option to renew the contract subject to satisfactory service, for another period or period of one year only on the same terms and conditions. In no case, the contract shall not be awarded to the same contractor for a period exceeding 2 years.
(h)
In order to maintain security of the premises, verification of the identity of the persons deployed shall be made by the contractor. The safaiwalas deployed shall not be frequently changed by the contractor.
(i)
An agreement of contract shall be executed before awarding the contract on a stamp paper of Rs. 10/value by the contractor firm and signed both by the contractor on behalf of the firm and the authority competent to award the contract on behalf of the CBI.
(j)
Every renewal of the contract shall be on a separate stamp paper of the above value and signed by both the parties.
(k)
The payment shall be made to the firm from the Subhead ‘Office Expenses’ by Cheque/Demand Draft only and not in cash.
(l)
The Duty Officer/Care Taker of the branch shall be responsible for ensuring proper cleanliness of the office premises. Payment of the bill to the contractor firm shall be made after the Duty officer/care taker certifies that the work is satisfactory.
(m)
Daily attendance register shall be maintained in respect of the safaiwala without mentioning the name of the individual deployed by the contractor.
(n)
It shall be the responsibility of the contractor to depute a substitute, if for any reason, the existing safaiwala proceeds on leave or absents from duty, about which the office should have prior intimation.
(o)
If the service rendered is not satisfactory, the contract of the existing firm may be terminated immediately and the
Page 204 of 204
contract awarded to another firm of lowest rate after following the prescribed procedure.
29.11
(p)
A register of supervision regarding satisfactory service shall be maintained by the Duty Officer/Care Taker and put up to the Head of Office on every first working day of the week. If a substitute safaiwala happens to work, a record to that effect shall be made in this register.
(q)
Proportionate deductions shall be made from the amount payable to the contractor for day of absence from duty of the safaiwala, in case no substitute is provided by the contractor.
(r)
Penal provisions can also be incorporated in the contract to ensure performance.
(s)
A register of the expenditure incurred towards sweeping contract shall be maintained showing the details of the name of the contractor, number of sweepers deployed, period of contract, rate of contract, amount paid, Cheque/DD No. & date, signature of the DDO/branch Incharge etc.
CBI Hostels In Delhi and in different branches of CBI at Mumbai, Jaipur, Bhubaneshwar, Lucknow, Visakhapatnam and Silchar, CBI Guest Houses are maintained, which are utilized by the visiting CBI Officers on payment.
29.11.1 At New Delhi, there are two CBI Hostels, one at Pragati Vihar and the other at Vasant Vihar. At Pragati Vihar, there are 5 suites and 7 rooms and at Vasant Vihar, the CBI has 2 rest houses.
Page 205 of 205
30. STORES & SUPPLIES
30.1
Detailed procedure regarding purchase of various stores required for use in the public service is laid down in Chapter 8 (Stores) of General Financial Rules 1963 (Rules 99 to 128). All purchase of stores should be regulated in strict conformity with these rules and the subsidiary instructions contained in the General Financial Rules and issued by the Government of India as well CBI, Head Office from time to time. Standards of financial propriety
30.2
Every officer incurring or authorising expenditure from public money should be guided by high standards of propriety. Every officer should also enforce financial order and strict economy at every step and should see that relevant financial rules and regulations are observed by his own office and by subordinate disbursing officers. Generally, following principles are emphasized: i)
Every officer is expected to exercise same vigilance in respect of expenditure incurred from public money as a person of ordinary prudence would exercise in respect of expenditure of his own money.
ii)
Expenditure should not be prima facie more than the occasion demands.
iii)
No authority to exercise power of sanctioning expenditure to pass an order which will be directly or indirectly to its own advantage.
iv)
Expenditure should not be incurred for benefit of particular person or a section of people unless : a) law .
a claim for the amount could be enforced in a court of
b) the expenditure is in pursuance of a recognised policy or custom. v)
The amount of allowances granted to meet expenditure of a particular type should be so regulated that the allowances are not on the whole a source of profit to the recipients.
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vi)
Responsibility and accountability of every authority delegated with financial powers to procure any item or service on government account is total and indivisible. He will have public interest uppermost in his mind while making a procurement decision. This responsibility is not discharged merely by the selection of the cheapest offer but must conform to the following yard sticks of financial propriety: a) Whether the offers have been invited in accordance with governing rules and after following a fair and reasonable procedure in the prevailing circumstances. b) Whether the authority is satisfied that the selected offer will adequately meet the requirement for which it is being procured. c) Whether the price on offer is reasonable and consistent with the quality required. d) Above all, whether the offer being accepted is the most appropriate one taking all relevant factors into account and in keeping with the standards of financial propriety.
vii)
Wherever called for, the concerned authority must place on record in precise terms, the considerations which weighed with it while taking the procurement decision.
30.3
A controlling officer shall see that not only the total expenditure is kept within the limits of the authorised grants or appropriation but also that the funds allotted to spending units are expended in the public interest and upon objects for which the money was provided.
30.4
With a view to have greater devolution of financial responsibility and expeditious disposal of work certain administrative and financial powers have been delegated to all Branch Ss.P working as Head of Office, Dy. Inspectors General of Police and all Joint Directors in CBI(including Zonal JDs). The exercise of these powers is subject to restrictions, stipulations or instructions that may be issued by the Government as well CBI Head Office from time to time and the relevant terms and conditions laid down in the various Rules i.e. DFPRs, GFRs, FRs & SRs etc. and specially contained in Column 4 of the Annexure to Schedule V to the Delegation of Financial Powers Rules, 1978. This is further subject to availability of funds in the appropriate Head of Accounts in the respective budget allocation of the branches.
30.5
Every officer who has been delegated powers should see that all related provisions of the General Financial Rules, Delegation of Financial Powers Rules, Orders of Departmental delegations of financial powers and general instructions issued from time to time
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are complied with before ordering the purchases. The financial proposal beyond the powers of Joint Director of concerned Zone may be sent to Head Office with his recommendations. 30.6
Rules 102 to 107 General Financial Rules, 1963, are relevant for purchase and acquisition of stores for day-to-day use in the public service and other stores for running of the offices.
30.7
30.7 In the light of instructions contained in Rule 103 of the General Financial Rules, consumable stores for day-to-day use of the office will be purchased on the basis of periodical requirements as noted in the rule.
30.8 view :
Before making purchases, the following points may be kept in
(i)
Economy instructions issued by the government and Head of Department from time to time.
(ii)
CVC guidelines on the subject issued from time to time.
(iii)
Purchase should be made in the most economical manner in accordance with the definite requirements of the office.
(iv)
Purchases should be resorted to only after getting approval of competent authority. Officer ordering for any purchase without obtaining the approval of the competent authority shall be responsible and accountable for the same.
(v)
Purchases should not be split up to avoid the necessity for obtaining the sanction of higher authority required with reference to the total amount of the orders.
(vi)
Whether the offers have been invited in accordance with governing rules and after following a fair and reasonable procedure.
(vii)
Whether the authority is satisfied that the selected offer will adequately meet the requirement for which it is being procured.
(viii)
Whether the price on offer is reasonable and consistent with the quality required.
(ix)
Whether the offer being accepted is the most appropriate one taking all relevant factors into account and in keeping with the standards of financial propriety.
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30.9
(x)
Whether sufficient funds are available in the particular head of account.
(xi)
Where scales of stores have been laid down by virtue of rule/instructions, it may be followed strictly and limits should not exceed in any case. It should be certified in the proposal itself that the prescribed scales or limits have not been exceeded.
(xii)
Purchases of articles or group of articles upto Rs.1,000/- on each occasion can be made without inviting tenders/ quotations.
(xiii)
Purchase of stores costing between Rs. 1,000 - 10,000 can be made by the Heads of Department without calling tenders or pre-select DGS&D Rate Contract items. However, in such cases, quotations must be invited.
(xiv)
The open tender system that is invitation to tender by public advertisement should be used in all cases in which the estimated value of demand is Rs.2 lakh and above.
(xv)
In terms of directives issued by the Government of India, Department of Personnel & Training from time to time all government departments and their attached and subordinate offices are required to purchase stationery, furniture and other office requirements from M/s Kendriya Bhandar, M/s NCCF and Super Bazar (where available). In the case of purchases from these agencies, the procedure of calling of tenders/quotations as laid down in General Financial Rules have been waived by the Ministry of Finance. Purchases from the open market is resorted to only after obtaining ‘No Objection Certificate’ from these agencies and after observing codal formalities as laid down in the Chapater-8 of the General Financial Rules, 1963. Minimum three quotations are necessary if the purchases are to be made from the open market. Single quotation can be considered if the article is of a proprietary nature i.e. when it is to the knowledge of the procuring agency that only a particular firm is the manufacturer of the stores demanded.
(xvi)
In case of purchases through DGS&D rate contract, supply order should be placed in the prescribed form (DGS&D-131). No direct payment should be made to the firm by the consignee. Receipt of Stores
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All stores received shall be examined, counted, measured or weighed, as the case may be, when delivery is taken and the person receiving the store shall be required to give a certificate that he has actually received the material and recorded them in the appropriate stock register. Before making any payment of bill, a certificate to that effect recorded on the bill. After the close of each month, the balance should be physically checked by a Gazetted Officer to be nominated by the Head of Office and a certificate to this effect recorded thereon. 30.10
Stationery stores and forms In the beginning of each financial year, the branches are required to send the indents to the respective Regional Stationery Depots of the Stationery and Printing Department of the Government of India and the Manager Forms Store, Calcutta. If the stationery articles indented are not supplied in time or in full, local purchase may become necessary. However, before resorting to local purchase, the Government of India Stationery Office should be approached for supplies. If they are unable to supply the necessary stationery, a ‘No objection certificate’ should be obtained from them before resorting to local purchase.
30.11
Consumable stores The consumable stores will be issued to the staff on receipt of requisitions signed by a Gazetted officer, or the Head Clerk in the case of branches. These requisitions will first be scrutinized by the dealing assistant in regard to admissibility and availability of stores and submitted to SP (or an officer nominated by him in this behalf) for orders. After getting SP’s orders, the items will be issued to the person concerned against his signatures.
30.12
Maintenance of Inventory of Deadstock: (GFR 112) An inventory of the deadstock showing the number received, the number disposed off (by transfer, loss, sale etc.) and the balance in hand for each kind of article shall be maintained in all offices.
30.13 Physical verification of stores:(GFR 116(1) /118) A physical verification of all stores should be made in the month of April every year. It shall not be entrusted to a person who is the custodian, storekeeper and a person who is not conversant with the classification, nomenclature and technique of the stores to be verified. The following instructions shall invariably be observed:
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i)
Verification shall always be made in the presence of person responsible for the custody of the stores or of a responsible person deputed by him.
ii)
All discrepancies noticed shall be brought to account immediately so that the stores account may represent the true state of the stores ; and
iii)
Shortage and damages, as well as unserviceable stores shall be reported immediately to the authority competent to write off the loss.
30.13.1 Physical verification of Library books may be carried out in accordance with the Government of India’s decision below Rule 116(2) of General Financial Rules, 1963. Surplus/obsolete and unserviceable store:(GFR 124(1))
30.14
30.14.1 While declaring an item surplus/obsolete or unserviceable the following important points may be kept in view: i)
Authority competent to purchase stores shall be competent to declare the store as obsolete/surplus/unserviceable.
ii)
An item may be declared obsolete/surplus/unserviceable if it is no longer required by the office. Reasons for the same should be recorded in the board proceedings.
iii)
An item remaining in stock for over a year shall be considered surplus unless there is any good reason to treat that otherwise.
iv)
Prescribed or stipulated life period of the stores should be taken into account.
v)
In case such period is not prescribed/stipulated or it is not over, the committee should examine the condition of stores and record suitable reasons.
vi)
Where the life period has been prescribed or stipulated and is already over, it should normally be taken as enough ground for declaring the item obsolete and unserviceable. However, the condition of the item should still be thoroughly examined by the committee to see whether the item could be put to further use.
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vii)
In other period56[1] declaring be clearly
cases, where the ‘life period’ is not over or no life has been prescribed or stipulated the reasons for the item absolete/surplus or unserviceable should brought out in the board proceedings.
viii)
In case of loss due to negligence, fraud or mischief on the part of any government servant, responsibility should be fixed and losses made good. In order to identify the surplus/obsolete and unserviceable store items lying in office premises of a CBI branch/Unit/Zone/Section a periodical inspection of stores should be made six monthly by every office and a report of such store items should be prepared and submitted to the competent authority.
30.14.2
The items so identified should be examined by a committee at appropriate level to be appointed by the competent authority. Branches should constitute their own condemnation committee as per provision of Rule 124 of GFRs. The committee shall consist of not less than three members of the department, locally available as far as possible of whom one will be from administration and one will be technical member having knowledge of the store. Third member may be from finance if locally available, otherwise the competent authority may nominate any suitable and experienced officer. The committee will submit its report in Form GFR-17 for necessary action by the competent authority.
30.14.3
The stores which are reported to be surplus/ obsolete or unserviceable by the committee may be declared as such in accordance with the procedure laid down in Rule 124(1) and ordered to be disposed off by the authority. The committee in its report should also specify the manner in which the stores are to be disposed off.
30.14.4
It may be ensured that the time-lag between the declaration and actual disposal of stores is minimized and proper protection is given to all such store items till their removal by the purchaser.
30.14.5
The general instructions relating to disposal of obsolete, surplus or unserviceable stores contained in GFRs should invariably be followed by all officers entrusted with the work.
56[1]
Concerned office may prescribe the life period of stores in consultation with the manufacturers and CBI, HO.
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31. FURNITURE 31.1
The furniture will be purchased and accounted for in the Dead Stock Register as provided in Rule 112 of the General Financial Rules, 1963. For purchase/condemnation of furniture, the principles laid down in Chapter 8 (Store) and Appendix of General Financial Rules, 1963 are to be observed.
31.2
Scale of Furniture prescribed for various offices The following scales of furniture may be laid down for various officers of Head Office and branches, subject to availability of funds and any other orders/instructions issued by the CBI, Head Office/Government from time to time: I. Director, Special. Director, Additional Director and Joint Directors
Sl.No.
Nomenclature
Scale
1
Secretariat table 6’ X 4’
2
Side Racks
Three
3
Chairs/Armed deluxe
Eight
4
Sofa Set
One
5
Centre Table
One
6
Tiffin Table/Corner Table
One
7
Steel Almirah
Need based
8
File Cabinets Woollen/Acrylic/Synthetic Carpet from wall to wall
Need based
9
One
One
10
Wall Clock
One
11
Pillow
One
12
Hat Stand
One
13
Wash basin with stand
One
14
Foot Rest Board
One
15
Screen
One
16
Confidential Boxes
17
Book shelf with glass doors
18
Wooden/Plastic Tray
Need based One Need based
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II.
Deputy Director, DIsG and ALAs.
Sl No.
Nomenclature
Scale
1
Secretariat tables 6’ X 4’
One
2
Side Racks
3
Armed Chairs
Six
4
Sofa Set
One
5
Centre Table
One
6
Tiffin Table/Corner Table
One
7
Steel Almirah
One
8
File Cabinet
One
9
Woollen Carpet from wall to wall
One
10
Wall Clock
One
11
Pillow
One
12
Wash basin with stand
One
13
Foot Rest Board
One
14
Screen
One
15
Confidential Boxes
Two
16
Book shelf with glass doors
One
17
Wooden/Plastic Tray
Need based
Need based
III. The following furniture will be supplied to Sr.SsP, AIGs, ADs, SsP, Ex. Eng., C.T.O., DLAs and AOs : Sl.No.
Nomenclature
Scale
1
Secretariat tables
One
2
Side Racks
3
Armed Chairs
Five
4
Sofa Set
One
5
Centre Table
One
6
Tiffin Table/Corner Table
One
7
Steel Almirah of File cabinet
One
8
Woollen Carpet from wall to wall
One
9
Wall Clock
One
10
Pillow
One
11
Wash basin with stand
One
12
Foot Rest Board
One
13
Screen
One
14
Confidential Boxes
Two
15
Wooden/plastic trays
Need based
Need based
IV. ASsP, STO, JTO, DSsP, Sr.PP, OS, Hindi Officer/PPS/PS/ Programmer
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Sl. No.
Nomenclature
Scale
1
Officer’s table 5’ X 3”
One
2
Side Rack
One or two
3
Armed Chairs
Three
4
Easy Chair
One
5
Foot Rest Board
One
6
Steel Cabinet / Almirah
One
7
Confidential Box
One
8
Wooden trays/Plastic trays
One
V. Inspectors, PPs, APPs, SIs, Assistants, Head Clerks, PA, Stenographers, UDCs. Sl. No
Nomenclature
Scale
1
Clerical table 4’ X 2 1/2’ with wooden top or rexine/Sun-mica
One
2
Side Rack
One
3
Armed Chair
One
4
Steel Almirah
One
5
Inspectors, SIs in the branches will be given one extra chair for the suspects and one confidential box for keeping their records.
VI.
Clerks, Typists, ASIs, HCs and Daftries.
Sl.No.
Nomenclature
Scale
1
Clerical table 4’ x 2/12’ with wooden top or rexine top/sun-mica
One
2
Armed Chair
One
31.3
The furniture will be purchased through DGS&D on rate contract where such contract exists in respect of the items sought to be purchased. If an item is not available on DGS&D rate contract then purchases can be made from M/s Super Bazar, M/s Kendriya Bhandar and M/s NCCF. In case these societies are also unable to supply furniture items, the purchases can be resorted to from the open market by observing the codal formalities after obtaining a “No Objection Certificate” from them. For purchase of furniture, quotations from a number of firms may be invited after giving necessary specifications to them as provided in Annexure to Chapter 8 of the GFR, 1963. Open tender system that is, invitation to tender
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by public advertisement should be used as a general rule in cases in which estimated value of the demand is Rs. 2 lakh and above. 31.4
The lowest quotation as a rule will be accepted. No negotiation is permissible except with L-1 i.e. lowest tender.
31.5
On receipt of the furniture, it should be inspected by the committee and certified to have been correctly received as per specifications/quantity/quality. A certificate to that effect should be recorded on the bill before making payment. The furniture so purchased be got numbered with white paint to facilitate its physical verification and checking of pilferage.
31.6
Director, CBI as Head of Department, has full powers to incur expenditure on fixtures and furniture, purchase and repairs subject to conditions and scales fixed by Ministry of Urban Affairs. These powers have further been re-delegated to the various officers.
31.7
Condemnation of Furniture:
31.7.1
Items of unserviceable furniture which cannot be economically got repaired will be condemned with the approval of the competent authority after obtaining recommendations of a committee and sold by public auction. A list of all such furniture showing the original price of the items of furniture, date of purchase of the items etc. will be shown. Sufficient publicity will be given to such auctions, which will be conducted by the office. The sale proceeds of such auctions will be deposited in the government Account under sub-head “Miscellaneous Receipts”. These items will then be written off in the stock register indicating therein the file number in which the condemnation sanction had been obtained. For condemnation, procedure laid down in Rule 124 of General Financial Rules, 1963 will be followed scrupulously.
31.7.2
Losses of furniture and stores will be dealt with according to the provisions of Rules 122 & 123 of GFR.
31.8 31.8.1
Entitlement of Air Conditioner As per circular No. 15014 (1)/85-Pol.III dated 21.3.2000 issued by the Directorate of Estates, the officers drawing the basic pay of Rs. 18,400/- and above would be eligible for provision of air conditioners in their office chambers according to the following prescribed norms:
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i)
For rooms having area upto 30 sq. mts., one number 1.5 ton capacity window type air conditioner.
ii)
For rooms with area above 30 sq. mts. and upto 40 sq. mts., one number 2 ton capacity window type air-conditioner.
iii)
The capacity and number of air conditioners for rooms having area in excess of 40 sq. metres may be worked out accordingly. If necessary, advice may be sought from the Chief Engineer (Electrical), CPWD.
31.8.2
The provision for air conditioners as stated above is also subject to the conditions that the existing air conditioner should not be replaced and these guidelines shall be applicable for new office rooms and for replacement of old air conditioners which are beyond economic repairs. Life of window type air-conditioner prescribed by CPWD is 5 years. Purchase of an air-conditioner is to be done only through DGS&D and with the approval of DCBI.
31.8.3
All other officers may be provided with desert coolers/room coolers as per the scales indicated below, if the existing cooling system is considered inadequate: i)
For rooms with area upto 25 sq. mts. one cooler with 300 mm diameter exhaust fan may be provided.
ii)
For rooms with area above 25 sq. mts. one cooler with 375 mm diameter exhaust fan may be provided.
iii)
For rooms with area above 32 sq. mts. but upto 55 sq. mts. one cooler with 450 mm diameter exhaust fan may be provided. The capacity and number of desert coolers for rooms having area in excess of 55 sq. mts. may be worked out accordingly. Life of Desert cooler (1500-2000 cfm (evaporative type) is 7 year and that of room cooler cheap type (100 cfm) is 5 years.
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32. TELEPHONES
32.1
Entitlement of telephones
In CBI, officers of the level of Superintendent of Police and above are entitled for a direct telephone connection in their office as well as their residence. Other officers are sanctioned a telephone with a specific order from the Government. 32.2
Installation
The power to sanction a new telephone connection vests with the Government. However, the power for shifting of telephones to the entitled officers has been delegated to the Head of the Department which has further been delegated by the Director, CBI to the Joint Directors of CBI. 32.3
Limitation of calls There is no limit fixed by the Government for number of official calls in respect of telephones installed in the offices. However, the DCBI, in exercise of his powers as Head of the Department, has fixed a ceiling on the bi-monthly bills in respect of telephones installed at the office and residence of the officers of the rank of Joint Director and below (See Annexure-XVI). All the STD calls are required to be certified by the officer indicating the calls as official/private respectively. The charges on the private calls are to be deposited by the officer concerned with the cashier of the concerned branch and Receipt No., date and amount is to be intimated to the DDO. In case excess calls are made from residential phones for official purposes, specific approval has to be obtained from Ministry of Finance for regularization of calls.
32.4
Residential telephone In case of the telephones installed at the residence, bimonthly local calls numbering 650+free calls are allowed. However, in case, STD connection is available and allowed by the government, then every STD call, whether it is official or private is to be certified by the officer himself and also required to be countersigned by the next higher authority. Therefore, payment is to be made by the office only in respect of 650 local calls + official STD calls. Local calls in excess of 650 + free calls will be treated as private calls and accordingly
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charges are to be deposited by the officer concerned with the government through cashier of the concerned branch. 32.5
STD facility As per existing instructions of the government, the officers of the level of Joint Secretary to the Government of India and above are entitled for STD facility in their office and residential telephones. STD connection to the non entitled officers are provided on obtaining the specific approval from Government on the grounds of operational requirement/ need basis.
32.6
ISD facility ISD calls are not allowed except in individual cases, if any, wherein the Ministry of Finance has agreed to the same.
32.7
Mobile Phones The facility of Mobile Phones has been allowed to the Secretaries and Secretary level officers of the Government of India with certain conditions vide Ministry of Finance & Company Affairs OM No.5(3)/E.Coord/2002 dated 01.01.2003. Government on a specific proposal from CBI has sanctioned some mobile phones to be utilized only during actual raids/operations. These have been distributed by DCBI to JDs/DIsG of various Zones/Regional Offices for operational use.
32.8
Residential telephones for Dy.SsP in CBI: As per CBI HO Circular No.2/31/97/IWSU dated 21.10.98 and DP&T(AVD.II) No.205/29/97-AVD.II dated 16.10.98, Dy.SsP of CBI are entitled for reimbursement of local official calls limited to a number of 650 calls bimonthly + rent + surcharge from the non cellular phones installed at their residence in their own names.
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33. MOTOR VEHICLES
33.1
Central Bureau of Investigation is in possession of its own motor vehicles including cars, scooters, motor cycles etc. in the Head Office at New Delhi as well as in its various branches at other places.
33.2
All purchases of vehicles in CBI are centralized in Head Office at New Delhi and purchases are made on DGS&D rate contract. After sanction of the competent authority for purchase of new vehicle(s) in lieu of prematurely/maturely condemned vehicle or otherwise with the sanction of the government, approval of the competent authority is taken for allotment of new vehicle. Generally, the new vehicle is allotted to the branch/unit whose vehicle has been condemned. Only in exceptional case(s) with the approval of Joint Director (Admn.), the new vehicle is diverted to another branch.
33.3
The Superintendents of Police, CBI are the controlling officers for all the vehicles in Branch Offices. In Head Office, the SP(HQ) is the controlling officer. The controlling officer is responsible for the proper use, care and upkeep of the vehicles and regulating their journeys in accordance with the “Instructions for the use and maintenance of motor vehicles framed by the CBI and the Government of India Staff Car Rules”. The motor vehicles of CBI are known as service vehicles or operational vehicles and their use is normally made for operational purposes. The use and maintenance of these vehicles is governed by the instructions issued by the Government of India as well as the departmental instructions issued in this regard from time to time.
33.4
CBI vehicles are not to carry any plates, red or amber lights, sign boards in front or at the rear indicative of the fact that they belong to the CBI or government. The Staff car should not ordinarily be taken outside the city limits except with the permission of the branch SP. When the journey is to be performed by the Head of the Office himself, he has to take permission from the DIG. Staff cars should not be allowed to be used by officers while on leave. The use of staff car for non-duty journey is completely banned. For use of staff car for private purpose the guidelines contained in Staff Car rules are to be followed. Duty journeys shall have preference over non-duty journeys.
33.5
Staff cars being used by the officers of the level of Secretary to Government of India and above are to be provided with airconditioners.
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33.6
Officers of the rank of Joint Secretary and above and the Heads of Departments of the Central Government in the Senior Administrative Grade may at their option avail the facility of using the staff cars for journeys from residence to office and back or opt for drawing transport allowance. If they opt for using the staff car, they need not make any payment but they will not be entitled to transport allowance. Exemption from compulsory insurance
33.7
Motor vehicles owned by the Central Government, which are used for purposes not connected with any commercial enterprises, are exempted from compulsory insurance against third party risk by virtue of sub-section (2) of Section 94 of the Motor Vehicle Act 1933. Such vehicles shall not, therefore, be insured. Control over expenditure on POL & repairs
33.8
Director, CBI vide CBI H.O. Circular No. DPMTO 1999/001/14/21/99-MT dated 24.5.1999 has fixed ceiling of 150 litres of POL per month for four-wheeler vehicles belonging to the Regional Offices/Branches and 200 litres for vehicles belonging to the officers of and above the rank of JD. The officer should adhere to the limit in the normal course. If, due to exigencies of investigation or court work, it is felt that more POL is required for a particular vehicle in a month, the same should be got sanctioned from the next supervisory officer giving justification for sanction of excess POL. Supervisory officers should sanction the extra POL for the vehicle after proper application of mind and not in a routine manner. All officers should exercise strict control over the use of vehicles in view of the instruction of Government of India issued from time to time to control the expenditure57[1]. Service and repairs
33.9
As per Staff Car Rules, the staff cars may be got repaired at the Electrical and Mechanical Workshop, National Airport Authority and the respective office should pay the bills for the same to the workshop directly from its own funds. Repair and maintenance work of Delhi based branches in CBI is undertaken at the Head Office workshop. Incharge, MT workship has to prepare an inspection report. In case there is heavy workload in the workshop and there are no facilities with the workshop for conducting repairs, the work should be entrusted to an authorised dealer or a private firm, keeping in view the general principles contained in the General Financial Rules, 1963 57[1]GIMF
Order File No.7(4)/E-Coord/2000 dt.24.9.2000
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and instructions contained in CBI HO Circular Nos. (i) DPMTO 1999/001/14/21/99-MT dated 24.5.99 and (ii) DPMT 1999/Circular/14/21/99-MT Dated 8.9.1999 and instructions issued from time to time. 33.10
According to Schedule -VII of DFPR-1978, the life of various types of vehicles, in terms of distance run (in km) and length of use (in years) whichever is reached later, have been fixed as under:
S. No. 1
Type of vehicle Motor vehicles fitted with engines upto 20 hp (RAC)
Kms. 150,000
Years 6-1/2 years
2
Motor Cycles fitted with engines of 3.5 hp (RAC) or above
120,000
7 years
3
Motor Cycles fitted with engines of less than 3.5 hp (RAC)
120,000
6 years
33.11
A vehicle is condemned only after a certificate has been obtained from any of the following authorities to the effect that the vehicle is not fit for any further economical use: (i)
Electrical & Mechanical Workshop of the National Airport Authority.
(ii)
Workshop of a State Road Transport Corporation.
(iii)
At locations where workshops mentioned at (i) and (ii) are not available, Transport Workshops under the Central or State Government Departments are also authorised to issue such certificates.
33.12
A Committee may be constituted to consider and recommend condemnation of vehicles. If the above conditions are satisfied, Director/CBI has been delegated powers to condemn vehicles upto monetary ceiling of Rs.200000/- in each case for a period upto 31.12.2006. Replacement of vehicle is sanctioned by the government. Premature condemnation of vehicle and its replacement is sanctioned only by the government.
33.13
It has to be ensured that condemned vehicles are disposed off as per the procedure within a period of three months from the date of placing of an order with the manufacturer for replacement of vehicles.
33.14
Service
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All 4-wheelers should be got serviced after covering 5000 kms. and all 2-wheelers should be got serviced after covering 2500 kms. The servicing would include washing of the vehicle, change of engine oil, gear oil, differential oil, coolant, tuning of the engine, change of oil filter etc.
Life of tyre/battery
33.15 33.15.1
The life of a tyre is taken as 40000 Kms. run. In case, it is unserviceable, it should then be got retreaded with cold rubber after 24000 Kms. and it should run another 16000 Kms. If a tyre has run 40000 Kms., it can be condemned and replaced. Tyres should, therefore, be purchased judiciously and on need basis only. To optimise the life of tyres, these would be rotated in the 4-wheeler after every 5000 kms. Rotation of tyre means bringing the front tyre to the rear side and rear tyres to front side and also to change the face of the tyres.
33.15.2
If the battery is maintained properly, it will have a satisfactory running life of 2 years. A battery should normally not be condemned before 2 years. Vehicle inspection
33.16
All vehicles should be inspected faithfully by the In-charge, MT and by the branch SP at least once in a month. All the observations of SP during the inspection should be rectified promptly by the Incharge, MT. The In-charge(MT) in the branches should be of the rank of ASI & above and in the Head Office of the rank of Inspector and should be well conversant with the maintenance of vehicles. Disposal of condemned vehicles
33.17
The condemned vehicle(s) are to be disposed off immediately to the best advantage of government exchequer and intimation sent to Head Office. The sale proceeds of condemned vehicle/scooters will be deposited in the Government Account under Head “Miscellaneous Receipts”. Records Maintenance
33.18
The following records are to be maintained in the MT Section of branches in respect of a vehicle: 1.
1. Log Book: The journeys are to be properly entered in the log book-Rule 15 of Staff Car Rules. Signature of the
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officers below the rank of Joint Secretary availing the staff car should be obtained in the log book (Rule 33 of Staff Car Rules). All the columns should be filled and the officer using the staff car should sign the Log Book. At the end of the month a summary should be prepared in the following format: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii)
Kilometres reading as on first day of month Kilometres reading as on last day of month Total distance covered during the month Petrol balance at the end of previous month Petrol drawn during the month Petrol consumed during the month Petrol balance at the end of the month Kms/per litre (average) during the month
This summary should be signed first by the driver and then by the In-charge(MT) Section who should thereafter put it up to the SP of the branch. In the case of Head Office, this summary should be signed by the DSP(HQ). 2.
A record of repairs and replacements, cost of petrol consumption, cost of spare parts etc., with the dates in prescribed form SPE G-35/ MTR.
3.
In case of branch vehicles, a statement showing the consumption of petrol and lubricants and the repairs etc. is to be sent to Head Office as per the instructions issued from time to time. A similar statement is to be prepared in respect of Head Office vehicles.
4.
All entries about repair/maintenance, POL and condemned spare parts etc. should be entered in the Admins Module on regular basis.
5.
The spare parts which have become unserviceable and replaced parts should be deposited in the MT Store and an entry be made in the Condemned Spare Parts Register. These parts should be disposed off by auction after completing all codal formalities under the supervision of a gazetted officer.
6.
Details of expenditure on all the vehicles including the same on repairs, upholstery, POL, servicing, purchase of oil etc. should be properly entered in the history sheet.
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33.19
All requisitions for the vehicles are ordinarily required to be made in writing to the controlling officer in the prescribed form.
33.20
A register in Forms SPEG-35/MTR is to be maintained in respect of each motor vehicle, jeep, pick up van etc. in each Branch Office or in the Head Office for Head Office vehicles.
33.21
Director, CBI as Head of Department, has full powers for incurring expenditure on maintenance, upkeep and repair of vehicles including two wheelers. Director, CBI has delegated his powers regarding expenditure on POL, maintenance, upkeep and repairs of vehicles, as follows :
Sl. No
Nature of powers
SP working as Head of Office
SP(HQ)
DD(A)/DIG
JD
1
Motor VehiclesPurchase of POL.
(i) Car : upto Rs.6000/p.m. If the branch has one car and upto Rs.4000/- p.m. per vehicle If the branch has two or more vehicles.
(i) Upto Rs.6000/- on each occasion.
(i) Beyond Rs.6000/on each occasion.
Fulll powers
(ii) M/Cycle/ Scooter: upto Rs.1000/- p.m per scooter / motor cycle.
(ii) Upto Rs.1000/- on each occasion.
(i) Car : upto Rs.6000/on each occasion subject to maximum of Rs.15,000/- p.a.
(i) Upto Rs.6000/- on each occasion.
(i) Beyond Rs.6000/and below Rs.15000/on each occasion.
Car : upto Rs.40000/on each occasion.
(ii) M/Cycle/ Scooter Rs.1000/- in each case subject to Rs.3000/p.a.
(ii) Upto Rs.1000/- on each occasion.
(ii) Beyond Rs.1000/on each occasion.
(ii) JD(A) has full powers in this regard.
2
Maintenance, Upkeep and repairs.
(ii) Beyond Rs.1000/on each occasion.
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34. LIBRARY 34.1
The CBI library which is situated in the Head Office at New Delhi has a good collection of books in the field of Crime Detection, Economic Offences, Organized Crimes, Bank Frauds, Terrorism, Human Rights, Environmental Law, Forensic Science and Law etc. It also subscribes to the periodicals, journals and national level news papers regularly. It functions under the administrative control of the Joint Director (Admn.) CBI and caters to the needs of CBI Head Quarters and its Branches all over India. It remains open daily during the office hours including the lunch break.
34.2
The library is fully computerised. All the books have been entered in the computer duly arranged Author-wise, Subject-wise and Title-wise. The information regarding availability of any book can be retrieved by the users under the heads mentioned above. The Library has a photo copier also for preparing copies of any extract or chapter from any book or journal etc. by the interested users.
34.3
Membership of Library Any officer/employee of CBI can become member of the CBI Library by filling up the prescribed membership form kept in the library which has to be forwarded to the librarian of the CBI/Head Office by the controlling officer of the employee seeking membership of the library for further necessary action by him.
34.4
Borrowing of Books
34.4.1
A member of CBI Library can borrow any two books at a time for a period of 30 days except the reference books which are to be used in the library only. In case any particular book is further required by the member, the period of loan could be got further extended by 15 days if the book has not already been reserved by any other member for borrowing purposes. Any book under issue can be recalled if the same is urgently required for official use by the department.
34.4.2
The books required for daily use are also issued to the heads of the sections/divisions and senior officers of CBI on permanent basis. The availability of the said books with them has, however, to be confirmed in the month of December each year. In the event of transfer/retirement of the officer concerned, the books so issued to him could either be returned to the library or could be handed over to his successor under intimation to the librarian.
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No dues certificate from Library:
34.5
In the event of repatriation of any member to his parent State/Cadre or his retirement from service, the Last Pay Certificate (LPC) is issued to the concerned officer or his retirement dues are settled only after obtaining a "No Dues Certificate" from the CBI Library. Preservation of Library Records:
34.6
The period of preservation of Library records is given as under: (a) (b) (c) (d) (e) (f)
Library Accession Registers Permanent. Periodical Registers permanent. Library member-ship register Permanent. Permanent lending of books Register 10 years Files Pertaining to purchase of books/ Journals/Newspapers. 5 Years. Temporary lending of books Register 1 Year.
Monetary limits for purchase of publications/journals etc.
34.7
The CBI Head Office vide letter No. 5/1/90 Ad IV dated 10-8-90 has delegated monetary powers limited to Rs 1000/- on each occasion to the Superintendents of Police of all the branches and the Administrative Officer at CBI Head Office and full powers to all the Dy. Inspector Generals of Police for purchase of books by them for official purposes. The branches/units of CBI could, therefore, also establish their own library for their day to day use. 34.8
Supply of Newspapers/Magazines at the Residence of various officers in CBI
34.8.1
The Director CBI vide circular No. 4/15/97-Library dated 2810-1997 has permitted supply of the Newspapers/Magazines w.e.f 111-1997 to the residence of the officers as per the scale given below.
S.No
Level of Officers
1
Director/Spl. Director/ Addl. Director
2
Joint Directors
Indian Newspaper
Indian Magazine
No Limit
No Limit
4
2
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3
Director of Prosecution
3
2
4
DIsG
3
2
5
SsP/AD(CO)/ AD(Interpol)/ A.O.(E)/ A.O.(A)
2
1
6
All other officers of the rank of DSsP/ O.S and equivalent
1
Nil
34.8.2
The officers mentioned above are entitled to claim reimbursement of the amounts spent by them for buying the Newspapers/magazines as per the entitlements mentioned above after deducting 15% of the total cost of the bills towards ‘scrap’ charges.
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35.
35.1
SECURITY PLAN
In view of the sensitive nature of the work performed by CBI, the likelihood of security threats to CBI offices is higher in comparison to most of the other government offices. Therefore, each head of the office/designated nodal officer should prepare a security plan incorporating the following features. The plan should be appropriate and suitable for the premises of the particular branch / set of offices. The plan should contain the following subjects or heads of security detail : (a) (b) (c) (d) (e) (f) (g)
35.2
Access control of both animate and inanimate objects; this includes perimeter defence, car parking etc. Anti-sabotage check and precautions to be taken. Fire control measures including evacuation of premises. Document and security of other valuables. Information Security Security/threat response, including alerting local police, government agencies etc Contingency plan. Access Control
35.2.1
Basic principle to be observed is that access control begins with the outermost point. Outer perimeter may vary from place to place. In a typical mofussil branch it may be the street, pavement and compound wall of the branch. In an urban setup, it can be the road, building entrance, floor entrance, lift doors etc. The outer perimeter should be secured in such a manner that unauthorised object or unauthorised person cannot get entry. Since most of the CBI offices are housed in exclusive premises, nodal officers can consider laying of barbed-wire fencing and lighting of the fence/compound wall so as to ensure day and night security.
35.2.2
Outer perimeter security also includes buildings, trees, poles etc. which provide access to the secure area and which need to be cordoned off suitably. Outer perimeter security similarly includes drains and their openings running from the compound to outside areas, electricity substations, telephone poles, mail boxes and mail delivery bags etc. Entry points at the outer perimeter have to be regulated by a security guard with a register and intercom facilities with the duty room. The duty officer will have to notify all visitors/vehicle numbers to the security guard. The entrance gates
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will have to be made strong and secure and able to resist gatecrashing. The boundary wall similarly will have to be repaired and strengthened wherever necessary and subsidiary entry points such as wicket gates, service entrance etc. need to be sealed. 35.2.3
35.3
Finally, built-up areas including apartments, garages, shops etc. adjoining the compound need to be kept under watch through the day and occasionally at night. Any person(s) found loitering around CBI building for no reason should be thoroughly checked and handed over to local police, if necessary. Inner Access Control
35.3.1
Access to the main building/office should be controlled by an extra security guard to whom the outer guard relays the visitor's identity. Sentry whenever guard is posted, should be alert while performing duties and guard should be always ready to meet any exigencies. There should be provision for checking of parcels, suitcase etc. through physical checking devices. Letters and postal articles would similarly require examination. Equipment for the same would have to be purchased, wherever necessary.
35.3.2
There should be a reception area where visitors report. This should be the general rule except for witnesses, experts who have to meet the concerned IO/Supervisory Officer. All visitors are to be given identity tags. They should be escorted to the office/officer to be visited and nobody should be allowed to roam around the premises without specific work. Tradesmen, repairmen and other service agencies will have to identify themselves and have their equipment checked before entry. Similarly, one constable will have to watch over their work during the repair/servicing.
35.3.3 Car parking/scooter parking, both for employees and visitors should be designed in such a way that the area is separate and apart from the main building. Employees should conduct their own check of vehicles before parking the same in the designated area. Vehicles of visitors should be checked above and below and wherever feasible, the visitor should be dropped and vehicle made to be parked outside the compound, to be called when necessary. Any incident of important/sensitive nature should be reported to senior officer incharge available.
35.4 35.4.1
Identity cards/Personal Identification Criteria Government servants are provided photo Identity Cards which should be rigorously checked at the outer perimeter and again at the
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inner entry point. Similarly, all visitors/service personnel will have to show some form of identity before being admitted. 35.4.2
Sample Identity Cards of MHA and other organisations whose personnel frequent our premises should be kept with the outer perimeter guard and similarly look out notices sent by local police/intelligence agencies, with or without photographs of wanted accused should be available for reference with him. In case of introduction of new types of Identity Cards by CBI to adopt fool proof systems, the information is to be furnished to all branches and offices of CBI located elsewhere. However, SP In-charge of branch/Nodal Officer will have to check the current status and tighten up the system as and when warranted.
35.4.3
It is clarified that visiting cards/letter heads of officers are not sufficient identification or proof of identity and they will have to be supported with verifiable documents such as driving license, service Identity cards, PAN Cards, Voter’s Identity Card etc.
35.4.4
Door frame metal detectors, if not already available should be installed at the earliest at the inner entry point of all branches. Hand held metal detector should also be available for frisking. However, both these gadgets are only supplements to thorough physical frisking and checking by security personnel. Sharp edged objects and any other material which can be used as weapon of offence may be retained by the security staff till the departure of the visitor.
35.5
Anti Sabotage Checks
35.5.1
ASC (Anti Sabotage Check) need not be necessarily associated with sophisticated equipment. All that is initially needed is vigilance and security consciousness on the part of the staff. It starts with the person and goes on to the work premises. It can be done by anybody but everybody should do it, because the safety of a branch is the common or group concern.
35.5.2
Firstly, branch personnel should check their own bags, briefcases etc. before starting for office. Enroute, they should ensure that no one tampers with them. Luggage boots of cars and scooters, either personal or official, should be checked and always kept locked. A visual check of the under carriage, engine and the boot may be made before locking the car at the parking site. At all times, one should be aware of one's surroundings and notice anything that is amiss, out of context or placed in an awkward or unnecessary position. Thus, one's work table, room/cabin and storage area like almirahs, drawers of table etc. will have to be visually checked. Any
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object lying in the room which was not present on the previous day may be queried and even removed. General visual check of the branch will be done every morning by the nodal officer who should have a check list with him. A model check list will be sent later to all branches but each location can prepare its own list of places and points to be visually and manually checked. There is no hard and fast rule in the matter but the underlying emphasis should be on eliminating unauthorised objects. Visual ASC should be conducted of electrical points, fixtures and also electronic items like computers, Xerox machines and FAX machines. One's own telephone/extension should also be opened from the bottom every week and daily visual check is absolutely essential. A trained officer should brief the branch personnel about the correct method of ASC but, in the meantime, our basic police procedures for rummaging and search can be used. 35.5.3
Equipment for anti sabotage check comes in various shapes and sizes but we can certainly invest in viewing mirrors (for looking at the under carriage of vehicles), simple explosive detectors and muffler bags (for covering & isolating suspicious objects). This expenditure can be met from the normal budget. The same goes for door frame metal detectors and the hand-held version, touched upon earlier.
35.5.4
Wherever feasible and approved by the appropriate authority in CBI, the branch officers should obtain the services of State Special Branch and related bodies of the Centre, to come for lecdems (lecturedemonstrations) of security precautions and anti sabotage checks. The talk/demonstration can be organised outside the premises. At no cost should the topography and site plan/building plan be made available to anyone outside the organisation. CPWD should also be warned not to part with the plans.
35.6
Fire Fighting Measures
35.6.1
Every branch and office premises in CBI should have proper fire control system. There should be a well laid down procedure of fire control . Staff members should be repeatedly educated about fire control procedures. The capster of chemical and soda should be checked and ensured that it is not timed barred.
35.6.2
In the multistoried buildings, particularly where we are tenants, the fire control plan should be known to us (For details see Annexure-XVII). All the staff members should take part in the fire control drill organised by the fire service or by the building supervisor respectively. The emergency exits and external stair case for speedy evacuation should be known to all members.
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35.6.3
The local fire service can be requested to demonstrate fire control measures and also educate the staff about precautions to be taken. As far as possible, elementary precautions such as using ash tray for cigarette butts, switching off electrical fittings and appliances when not required and preventing over heating of junction boxes/plugs and preventing short circuits, can be observed by all members. It is important to have the nodal officer or in his absence another officer as fire drill coordinator. Without such a person, chaos and confusion could result. At all times, for major or minor fires, our staff should display good discipline and self control. First aid for minor burn and injuries should be known to the nodal officer and also to some staff members. If there is a CGHS dispensary or medical unit nearby, they should also be associated with the fire drill. Availability of ambulance or emergency vehicle should be ensured. Besides, the fire fighting equipments normally contained in government offices namely fire extinguishers, buckets of water and sand should always be available in a pre-designated spot. Usually it is found that these buckets are empty and the buckets themselves have rusted and become unserviceable. Nodal Officer should inspect the fixtures and ensure that all of them including water pipes, alarm bells and smoke detectors are in working order.
35.6.4
Overhead/ceiling water sprinklers are now being provided in certain buildings. This equipment is very delicate in nature. It responds to changes in temperature and emitting of smoke. Hence, staff members should be advised not to burn papers and waste material in the office premises. The CPWD Engineers or building supervisor should periodically check the sprinkler system and ensure that it is in working order. Since water is not provided around the clock in all cities, we should have our own storage facility on the roof or elsewhere. The bigger cities have water hydrants to be used by fire service personnel. We should ensure that these areas are kept free from parking vehicles, rubbish and condemned articles are not dumped around this area. Elementary precautions to prevent fire can be observed in all branches. For example, condemned article or articles not in active use such as old carpets, wall hangings, sofa sets, wooden chairs and any other inflammable material should be promptly disposed off. Similarly, exposed wires and junctions should be covered. As far as possible the wiring should be placed in PVC pipe and firmly attached to the wall instead of hanging loose in different parts of the room. Concealed wiring should be adopted wherever feasible.
35.6.5
Finally in those branches which do not have fire control measures or fire control plan, nodal officer should immediately start working for a rudimentary system in place at the earliest. Of
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particular relevance are places such as malkhana where valuable case records are stored. Similarly, the record room where crime files and other documents are stored should have excellent fire fighting arrangement. Volatile chemicals, various types of fuel and such dangerous items should be specially packed and stored. Basement and barsati are equally vulnerable and should not be used as dumping grounds. 35.6.6
35.7
Pest control particularly of rodents, is required in all branches, not only for preservation of documents and other material but also because rats and other pests will cause damages to the electrical wiring and also to other important fittings. Special precautions should be taken at the time of Diwali and other festivals as also marriages and local celebrations where fire crackers are used. Roof tops of the building should not contain any inflammable material which can catch fire if a fire cracker falls on it accidentally. Similarly, windows and ventilators should always be kept shut, particularly in off duty hours. Document security and security of valuables
35.7.1
As our organisation has a document oriented work atmosphere, proper storage of documents is essential to counter hazards. The age old system of storing case documents in steel trunks is not such a bad idea provided we know what documents are contained in which trunk and do not retain unnecessary records with us. The general tendency is for IOs to store their documents in wooden or steel almirahs and this needs to give way to the work station concept in which over head bins retain only those papers which are required on a daily basis. The bulkier records seized or required for examination and scrutiny need to be stored in a fire proof room deep within the branch premises.
35.7.2
Branches will have to go in for fire proof cabinets and ensure that the malkhana has two or three such cabinets to store valuable properties such as currency notes, share and stock certificates, computer CD ROMs and floppies as well as gold and jewellery items. The degree of security required for the malkhana is the greatest. Hence, as mentioned earlier, chemicals and other inflammable material should not be stored in the malkhana. Documents security includes the reprographic facilities such as xerox machine, duplicator machine and fax machine which need to be kept under the personal control of a responsible member of the staff. Unnecessary copies should be destroyed by using the shredding machine. At no cost should we use the old method of burning of the papers. The latter is not efficient or fool proof.
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35.7.3
Transit of documents and despatch and receipt of files are equally important in documents security. Within the same station, files have to be sent in properly sealed covers through dispatch riders and dak vehicles and the peon book should be signed by a responsible member of the receiving office. The carriage of dak should be protected against bad weather, road traffic accident, misplacement and wrong deliveries as well as theft and deliberate mischief. Currently, air bags are being used in addition to normal postal facilities for dispatch and receipt of other important documents. Besides the requirement of maintaining shadow files, it will be desirable to send important files through a special messenger. The dak boxes should be made of steel and "leather bastas" should be used only for storage of local dak.
35.7.4
Security classification of documents is very essential. It is well known that top secret documents should always be sent in double cover with double acknowledgment slip but documents with lesser degree of security classification should also be handled very carefully. Indeed no document should emanate from any branch without some form of security classification. It is also emphasised that NGO references should remain with the officer himself and should not be sent to the section. Every branch officer and supervisory officer should have proper storage facility to keep such files in his personal custody under lock and key. As far as possible, correspondence should be done by the officer himself or at the most by his Personal Secretary alone. Separate dairy should be maintained for such references. It is not only a good habit but a security requirement to lock up the files lying on the table in the evening when departing from the office. The most vulnerable part of the day is in the early morning when the office is opened for sweeping and cleaning and in the evening when the various rooms are locked up. If we are not careful, any type of mischief can be played during these vulnerable moments. In general it would be desirable for the officer to shut his own room when departing in the evening and do so whenever he leaves the room to attend meetings and other engagements within the building or outside.
35.7.5
Though the government buildings are generally immune from petty theft or even attempts by professional burglars, adequate precaution should be taken to prevent entry through vulnerable points like ventilators, windows rear doors and elementary burglar alarm has to be installed to ensure that the duty officer or the guards or the nearby police station is able to intercept and prevent a major theft in the branch. Those branches which have a lock up and where police custody suspects are kept for a few days or more, need to be
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strengthened, particularly when the suspects are militants or belong to major criminal gangs. The possibility of rescue attempt by his associates cannot be ruled out. This brings into focus the weaponry in the branch. The available weapons should be cleaned and kept serviceable at all times. Regular fire practice has to be given to all staff members. 35.8
Information Security All the CBI branches are provided with computers and most of these computers are interconnected with each other through a network. Since information of confidential nature is stored and exchanged in most of these computers, it is essential that head of the office takes all precautions to ensure absolute security to the information and to make their systems impenetrable to the hacker attacks.
35.8.1
Security precautions for network Administrators/users System Administrator/Head All Users to ensure that Of Department to ensure That employee code may be Passwords generated are of used as login ID for each atleast 10 characters. authorised user All users periodically briefed, Passwords contain alpha regarding SOPs and latest numeric and symbolic threats and precautions characters. that all users change their Passwords are neither noted pass words periodically down nor disclosed to any one. that the Data is backed-up on Character combinations that a weekly basis are not available in dictionary are used for generating passwords. facility for Internet Access is That Internet is not never attached or installed in accessed on CBI network. the CBI network. that temporary files from Temp They log off their machine in folder is regularly deleted. case any one wants to leave even for a short while. that no user with other than Their login name/passwords his own login name/pass are not used by anyone even words is allowed to access. for a short while. that files are named properly That files are named for enabling search/retrieval at properly for enabling
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a later stage.
search/retrieval at a later stage.
that Server and nodes are That they delete unwanted installed in a secure location. user-created files. However, one should not delete files that one is not sure about. that no games are installed in They use floppy disks, CDNetwork. He will remove ROMS/ DVD ROMS/MICRO games that are part of OS. VAULTS etc. Devising mock exercises to They follow proper switching educate users regarding on/ shutdown procedures. network security threats. Proper supervision on service engineers who are given access for repair/maintenance. that no unauthorised programs are loaded into the computer. that no external disk/CDs are loaded into the Drives. that disks/CDs scanned for viral activity before using. that all floppy disks/CDRoms are maintained cleanly and safely. that UPS is On before switching on Server/Nodes.
35.9
Security/Threat response, alerting Local Police, Government Agencies etc.
35.9.1
As soon as information is received about threat to the premises of headquarters/branch, duty officer, control room could be made nodal office to inform the various securities agencies like Delhi Police, I.B. etc. It will do so under the instructions of the nodal officer incharge of security of the premises. Thus, the information received should be authentic and credible and should be verifiable by our own staff or by the security agencies. A letter, a telephone call or any other type of intimation needs to be acted upon immediately.
35.9.2
Some anti-social /anti-national elements may pose threat to the security of CBI officers or CBI buildings. In order to avoid untoward incident and leakage of discreet information, it is essential to take utmost care while furnishing information to any person
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regarding officers/location of CBI buildings by incharge control room/D.O./person on telephone duty. Somebody in the guise of senior officers may try to gather information about cases or any such sensitive information or information about custody of accused/witnesses etc. should be handled with tact. 35.9.3
Bomb blankets whenever made available in the control room should be used when there is a suspected bomb, placed either in a scooter / car / open place and there should be sufficient material available by way of ropes and pedestrian stands to cordon off the suspected area.
35.9.4
In the unlikely event of firearms being used by assailants, either against specific targets outside the premises or inside, and if shots are fired at the windows / apertures, there should be a definite response by way of defensive fire. This firing by our personnel will be resorted to only as it takes time for the local police and other security agencies to reach the spot.
35.9.5
Regular range practice is required for the PSOs of senior officers as well as control room staff (including reception staff) who should be able to withstand the first assault. The armory should be placed deep inside the premises, well away from the entrance. Thick steel plated doors and fire proof arrangements are required to prevent assailants from capturing our firearms and ammunition.
35.9.6
Evacuation of the staff through various entrance or through exit points should be carried out with minimum effort and maximum efficiency. The loose papers and files should be placed within the almirahs and fire hazards thus eliminated.
35.9.7
Similarly, the electrical main switch and master valve of the overhead tanks should be switched off / shut so that the damage to the premises is minimum. If the building is equipped with water sprinkler system, the operation of the system should be such that valuable documents and other case properties are not damaged.
35.9.8
Inflammable material such as petroleum products, chemicals, plastic and nylon tubes etc. should not be stored within the building at any time. The correct procedure for storage of such material is to use a out house or separate storage area away from the main building. Similarly, vehicles parked in the basement or on the ground floor whenever required, should be removed immediately and taken to a safe location.
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35.9.9
The attack or crisis control room should be located away from the area of threat. There should be telephonic communication as well as wireless facilities between the crisis control room and the effected area so that instructions can be passed on to the staff facing the attack.
35.9.10 Medical aid including first aid boxes, should be kept at different stations within the premises so as to be of some use during crises. The location and route to the nearest M.I. Room as well as the route to the nearest multi speciality hospital with emergency operation facilities should be known either to the control room staff on the nodal officer (Security). 35.9.11 Coordination with local police agencies will have to be worked out through coordination meeting to be held individually and separately for each branch. As conditions may vary, branch officers are requested to hold these meeting at the earliest and agree upon the correct procedure for a coordinating response to the threat. In headquarters, the designated officer should hold the coordination meeting with the Ministry of Environment Officer who are coordinating security arrangements in the CGO Complex. 35.10
Contingency Plan
35.10.1 In the event of a threat / actual attack, the contingency plan available with the nodal officer should have two main divisions namely short term and immediate response and long term / containment plan. In the former all the counter measures mentioned in the previous chapter be included. In the latter, the effort will be to conduct normal office routine from either the same premises or from a different premises, so that our basic work does not suffer. 35.10.2 The contingency plan will vary from attacks on individuals, to attacks on teams, to attacks on premises of our branch or court premises. In the case of attacks on individuals, the driver of the branch vehicle will have to be trained in offensive and defensive driving. He will have to be equipped with sufficient knowledge of defensive measures. He should also know the route to the nearest medical facility. Above all, he should know to use a firearm and should be able to substitute for the PSO if the latter is injured or incapacitated. 35.10.3 When groups of officers are attacked, there should be a sufficient pre planned response to the attack. If the officers are proceeding for a search /arrest/court work and the attack takes place in a public area, they should be instructed before hand about
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the various possibilities available to them to counter the attack. This would apply to prisoners being taken to court in police custody. Sufficient number of firearms should be carried by the party escorting the prisoner to the court or to the Jail. 35.10.4 If the attack is in the court premises, the existing security arrangements in the court should be used to counter the attack. Most of the special courts and designated courts are located within the Katchery premises in which the office of District Magistrate, District Superintendent of Police or Sub Division Police Officer are located. Hence, help can be taken from these agencies to counter the attack. 35.10.5 In the case of individual personnel or vulnerable branches engaged in investigating sensitive cases, request should be made to the state police to provide sufficient armed guards around the clock. Similarly emergency telephone lines should be installed (hot line) connecting branch or the residential premises with a local police station. 35.10.6 Contingency plan for prolonged period should provide for normal office routine in borrowed premises which are equally strengthened and made secure. This eventuality will arise if the original branch or office premises was partly or entirely effected by the attack and was not usable for routine work. 35.10.7 As far as possible, every premises and property owned by the Organisation should have a clear route of escape. Usually, old cars and other unnecessary material obstruct the rear entrance and the lane leading from it. Periodic inspections should avoid such unsafe practices. Contingency plan for officers / groups on the move should have provision for safe routes which are less congested and which would lead them to safety in another branch or to the premises of the big police station or police lines. 35.10.8 Every branch should, as part of its security plan, practice and rehearse the contingency plan periodically so that all staff members are aware of the steps to be taken. If the new member of the staff joins work, he should be separately briefed by the nodal officer. 35.10.9 In residential areas where families are more vulnerable proper compound walls should be set up and access control should be enforced. If a child is abducted or kidnapped, there should be a well defined plan to meet the emergency.
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35.10.10 Blood groups of all the staff should be readily available with the nodal officer as also the individual allergy / reaction to specific drugs and medicines such as Penicillin, steroid etc. 35.11
Role of control room staffOfficers of the branch should also issue the following set of instructions to officers/men in the branch, who handle such tasks : i) The person attending the telephone call must not part with any information unless he is absolutely sure about the identity of the caller. ii) Must always enquire about the telephone number of the caller and then call him back to give the information sought for. This will also establish the genuineness of the calls received in the control room/D.O. iii) The officers/men on duty during the day and night shifts must be properly briefed and told that leaders/activitists of the terrorists outfit such as Lashkar-eTaiba and others have adopted a new modus-operandi to collect sensitive information about the Indian Security Agencies. The nature of information which may be of interest to the terrorists is : a) Name, address and telephone number of senior officers particularly those engaged in anti-terrorists operations. b) Details about political leaders and their programmes/ movements. c) Movement/deployment of security forces. d) Details about a particular incident. e) Progress in investigation of specific cases, etc. The information on the aforesaid points should not be divulged to callers whose identity is not properly established.
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36.
OFFICE PROCEDUREPROCEDURE-MEANING OF VARIOUS TERMS
The terms used in this Manual carry the special meanings as described below : 36.1
'File' means a collection of papers on a specific subject matter assigned a file number and consisting of one or more of the following parts: (a) (b) (c) (d)
Correspondence Notes Appendix to correspondence Appendix to notes
36.2
'Appendix to correspondence' in relation to a file means lengthy enclosures to a communication (whether receipts or issue) on the file, inclusion of which in the correspondence portion is likely to obstruct smooth reading of the correspondence or make the correspondence portion unwieldy.
36.3
'Appendix to notes' in relation to a file means a lengthy summary or statement containing detailed information concerning certain aspects of the question discussed on the file, incorporation of which in the main note is likely to obscure the main point or make the main note unnecessarily lengthy.
36.4
'Branch Officer' in relation to a section means the officer who takes the work directly from the section.
36.5
'Case' means a current file or a receipt together with other related papers, if any.
36.6
'Central Issue Section' means the unit within a department responsible for typing of drafts, comparing of fair copies, preparation of pads for signature and despatch of communication to the addressees and includes functionaries like residential clerk and night duty clerk. In departments where centralised typing pool does not exist in central issue section, this section will be responsible only for despatch of signed communications to the addressees.
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36.7
'Central receipt and issue section' means a unit within a department consisting of the central registry and the central issue section.
36.8
'Central registry' means a unit within a department charged with the responsibility of receiving, registering and distributing dak meant for that department and includes functionaries like resident clerk and night duty clerk.
36.9
'Classified dak' means dak bearing a security grading.
36.10
‘Come-back case’ means a case received back for further action such as re-examination or preparing a draft or a summary of the case.
36.11
'Correspondence portion' in relation to a file means the portion containing 'receipts' and office copies of 'issue' pertaining to the file, including self-contained inter-departmental notes but excluding those recorded on the notes portion of the file itself.
36.12
'CR No.' means the serial number assigned by the central registry to dak in the Dak register preceded by the code letter identifying the register.
36.13
'Current file' means a file, action on which has not been completed.
36.14
'Dak' includes every type of written communication such as letter, telegram, fax, e-mail, interdepartmental note, file, which is received, whether by post or otherwise, in any department for its consideration.
36.15
'Dealing hand' means any functionary such as a lower division clerk, an upper division clerk, an assistant, entrusted with initial examination and noting upon cases.
36.16
'Department' means any of the Ministries, Departments, Secretariat and Offices mentioned in the First Schedule to the Government of India (Allocation of Business) Rules.
36.17
'Departmental index' means a consolidated index of files opened by different sections of a department during a year (except those of a classified nature or those proposed to be retained for less than 10 years) arranged in a single series in the alphabetical order of the catch-words under which they have been indexed.
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36.18
'Departmental instructions' means instructions issued by a department to supplement or vary the provisions of the Manual of Office Procedure.
36.19
'Diarist' means a Clerk within a section charged with the responsibility inter alia of maintaining the section diary.
36.20
'Diarising' means registering of receipts in the section diary.
36.21
'Diary number' means the serial number assigned to a receipt in the section diary followed by the year and the abbreviated symbol of the section, e-g. 105/72 - O&M.
36.22
'Docketing' means making of entries in the notes portion of a file about the serial number assigned to each item of correspondence (whether receipt or issue) for its identification.
36.23
'Final disposal' in relation to a case under consideration means completion of all action thereon culminating, where necessary, in the issue of final orders or final reply to the party from which the original communication emanated.
36.24
'Fresh receipt (FR)' means any subsequent receipt on a case which brings in additional information to the disposal of the paper under consideration.
36.25
'Indexing' in relation to a file means indicating its title under appropriate catchwords arranged in their alphabetical order with a view to facilitate its location in the event of need.
36.26
'Index slip' means a card or a paper slip displaying the title of a file under a catchword, followed by a reference to its file number.
36.27
'Issue' means a communication issued in a case.
36.28
'Issue of draft' includes all stages of action after the approval of a draft ending with despatch of the signed communication to the addressee, e.g. fair typing, comparing, attaching enclosures, preparing pads for signature, preparing covers; making entries in the despatch registers and messenger books, affixing stamps where necessary etc.
36.29
'Messenger book or Peon book' means a record, maintained in standard form O&M 13 or any other form, of particulars of despatch of non-postal communications and their receipt by the addressees.
36.30
'Minute' means a note recorded by the President, the VicePresident, the Prime Minister or a Minister.
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36.31
'Note' means the remarks recorded on a case to facilitate its disposal, and includes a precis or previous papers, a statement or an analysis of the questions requiring decision, suggestions regarding the course of action and final orders passed thereon.
36.32
'Notes portion' in relation to a file means the portion containing notes or minutes recorded on a case.
36.33
‘Ordinary postal dak' means postal dak for which no specific acknowledgement is obtained by the Posts and Telegraphs Offices.
36.34
‘Paper under consideration (PUC)' means a receipt on a case, the consideration of which is the subject matter of the case.
36.35
'Personal staff' in relation to a functionary means and includes private secretary, personal assistant, stenographer, assistant, clerk or any other clerical staff appointed to assist him as well as the personal section of a Minister.
36.36
'Postal communication' means a communication despatched by post and includes telegram.
36.37
'Postal Dak' means all the dak received through posts and Telegraphs offices.
36.38
'Receipt' means dak after it has been received by the concerned section/officer.
36.39
'Record Clerk' means a clerk in a section responsible inter alia for typing and maintaining index slips and for looking after routine aspects or recording work.
36.40
'Recording' means the process of closing a file after action on all the issues considered thereon has been completed, and includes operations like completing references, removing routine papers, revising the file title, changing the file cover and stitching the file.
36.41
'Reference folder' in relation to a particular subject means a folder containing copies of relevant rules, orders, instructions, etc. arranged in chronological order.
36.42
'Running summary of facts' in relation to a case means a summary of the facts of the case updated from time to time to incorporate significant developments as and when they take place.
36.43
'Section' means the basic work unit within a department, responsible for attending to items of work allotted to it. It is generally
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headed by a section officer and includes 'Cell', 'Unit' and other like terms. 36.44
'Sectional note' means a note recorded on only one of the many issue raised in the PUC.
36.45
'Section Officer' means an officer supervising a section and includes functionaries like superintendent and assistant-in-charge, or Head Clerk.
36.46
'Security grading' means security marking 'Confidential', ‘Secret’ or 'Top Secret'.
36.47
'Standing guard file' on a subject means a compilation consisting of the following three parts :(a)
(b) (c) 36.48
a running summary of the principles and policy relating to the subject with number and date of relevant decisions or orders quoted in margin against each; copies of the decisions or orders referred to, arranged in chronological order ; and model forms of communications to be used at different stages.
'Standing note' in relation to a subject means a continuing note explaining, among other things, the history and development of the policy and procedure, designed to serve as : (a) (b) (c)
a complete background material for review of the existing Policy or procedure; a brief for preparing replies to Parliament questions or notes for supplementary thereto; and induction or training material.
36.49
'Standing process sheet' means a standard skeleton note developed for a repetitive item of work, indicating predetermined points of check or aspects to be noted upon.
36.50
'Urgent dak' means dak marked 'immediate' or 'priority', and includes telegrams, wireless messages, and fax messages.
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37. MACHINERY OF GOVERNMENT
The President –
37.1
The executive power of the Union formally vests in the President and may be exercised by him either directly or through officers subordinate to him, in accordance with the Constitution. The Council of Ministers -
37.2 (i)
In the exercise of his functions, the President is aided and advised by a council of Ministers headed by the Prime Minister. In the actual practice, the executive authority resides in the Council of Ministers.
(ii)
The Council of Ministers consists of three categories of Ministers, namely : (a) (b) (c)
(iii)
Ministers of Cabinet rank ; Ministers of State ; and Deputy Ministers.
The Cabinet, which consists of Ministers of the first category only, is responsible for shaping the overall policies of the Government. In discharging its responsibilities, it sometimes functions through its committees. Transaction of Government Business
37.3 (i)
Among the rules issued by the President for the convenient transaction of the business of the Government under Article 77(3) of the Constitution, are : (a) The Government of India (Allocation of Business) Rules ; and (b) The Government of India (Transaction of Business) Rules.
(ii)
The allocation of Business Rules allocate the business of the Government among its different departments which are assigned to the charge of the Ministers by the President on the advice of the Prime Minister. In relation to the business allotted to a Minister, these rules also permit the association of
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another Minister or Deputy Minister to perform such functions as may be specifically assigned to him. (iii)
The Transaction of Business Rules seek to define the authority, responsibility and obligations of each department in the matter of disposal of business allotted to it. While providing that the business allotted to a department will be disposed off by, or under the direction of, the Minster-In-Charge, these rules also specify : (a) cases or classes of cases to be submitted to the President, the Prime Minister, the Cabinet or its committees for prior approval; (b) the circumstances in which the department primarily concerned with the business under disposal will have to consult other departments concerned and secure their concurrence before taking final decision. Department-
37.4 (i)
A department is responsible for the formulation of the policies of the Government within its sphere of responsibility and also for the execution and review of those policies.
(ii)
For the efficient disposal of business allotted to it, a department is divided into wings, divisions, branches and sections.
(iii)
A department is normally headed by a Secretary to the Government of India who acts as the Administrative Head of the Department and Principal Adviser of the Minister on all matters of policy and Administration within the department.
(iv)
Where the volume of work in a department exceeds the manageable charge of a Secretary, one or more wings may be established with a Secretary/Special Secretary/Additional Secretary/Joint Secretary in charge of each wing. Such a functionary is normally vested with the maximum measure of independent functioning and responsibility in respect of the business falling within his wing subject, however, to the overall responsibility of the Secretary for the Administration of the department as a whole.
(v)
A section is generally the lowest organisational unit in a department with a well-defined area of work. It normally
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consists of assistants and clerks supervised by a Section Officer/OS/Head Clerk. Initial handling of cases (including noting and drafting) is generally done by assistants and clerks who are also known as the dealing hands. (vi)
While the above represents the commonly adopted pattern of organisation of a department, there are certain variations, the most notable among them being the desk officer system. In this system the work of a department at the lowest level is organised into distinct functional desks, each manned by an officer of appropriate rank, e.g. Under Secretary or Section Officer, who handles the cases himself and is provided adequate stenographic/clerical assistance. Attached and subordinate offices -
37.5 (i)
Where the execution of the policies of the Government requires decentralisation of executive action and/or direction, a department may have under it executive agencies called 'Attached' and ‘Subordinate' offices.
(ii)
Attached offices are generally responsible for providing executive direction required in implementation of the policies laid down by the department to which they are attached. They also serve as repository of technical information and advise the department on technical aspects of questions dealt with by them.
(iii)
Subordinate offices generally function as field establishments or as agencies responsible for the detailed execution of the policies of Government. They function under the direction of an attached office, or where the volume of executive direction involved is not considerable, directly under a department. In the latter case, they assist the departments concerned in handling technical matters in their respective fields of specialisation.
(iv)
CBI Head Office is an attached office under the Cabinet Secretariat and the CBI Offices are the subordinate offices. The configuration of CBI, its hierarchy, divisions, zones, regions, branches and units has already been explained in Chapter-1.
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38.
DAKDAK-RECEIPT, REGISTRATION AND DISTRIBUTION Receipt of dak
38.1 (i)
During office hours, the entire dak of a department/office including that addressed to Ministers/Officers by name, will be received in the Central Registry/Receipt Section. Where, however, immediate/important dak addressed to Ministers/Officers by name is sent through special messengers directly to the addressees themselves, it will be received by them or their personal staff.
27
(ii)
28
(a) by the addressees themselves at their residences, if marked ‘immediate’ and addressed by name; and (b) in other cases by :
29
(i) (ii)
Outside office hours, dak will be received :
the night duty clerk or constable or Control Room of the department concerned, or where no such arrangements exist, by the officer designated by the department/office concerned to receive such dak. Acknowledgement of dak
38.2
The receipt of dak, except ordinary postal dak, will be acknowledged by the recipient signing his name in full and in ink. Registration of dak
38.3 (i)
Urgent dak will be separated from other dak and dealt with first. (ii) All covers, except those addressed to Ministers/Officers by name or those bearing a security grading, will be opened by the Central Registry/Receipt Section. (iii)On opening dak, the Central Registry will check enclosures and make a note of any found missing. (iv) All opened dak, as well as the covers of unopened classified dak, will be date-stamped vide specimen mentioned below :__________________________ Department/Office of .............. Received on .............................
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CR No...................................... Sec. Dy. No. ___________________________ (v)
The entire dak will then be sorted out section-wise (and officerwise, if addressed by name). To facilitate this, the Central Registry/Receipt Section will maintain an alphabetical index of the subjects dealt with the each section.
(vi)
The following categories of dak will be registered by the Central Registry/Receipt Section in the dak register. (a) Telegrams, wireless messages and telex message. (b) Registered postal dak. (c) Inter-departmental files. (d) Court summons and receipts enclosing valuable documents, e.g. service books, agreements, cheques/drafts etc., (e) Parliament questions, resolutions, cut motions and references seeking information relating to them. (f) Unopened inner covers containing classified dak. (g) Letters from Members of Parliament, and (h) Any other category covered by departmental instructions.
(vii)
The Central Registry/Receipt Section will maintain one or more dak registers as may be found convenient. In no case, however, will a single register be operated upon by two or more clerks. Where more than one dak register is maintained, each register will be identified with an alphabetical code letter ‘A’, ‘B’, ‘C’ and so on.
(viii)
The C.R. No./Receipt No. assigned to dak in the dak register, will be exhibited on the dak in the appropriate place in the stamp affixed on it. Distribution of dak
38.4 (i)
The Central Registry/Receipt Section will prepare an invoice separately for each section to which the dak is to be distributed. The dak, alongwith invoice, will be sent to the section concerned and acknowledged by the diarist. The invoice, duly signed, will then be returned to the Central Registry/Receipt Section where it will be filed section-wise and date-wise.
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(ii)
Alternatively, dak may be distributed and acknowledgement obtained in messenger books or dak register maintained section-wsie.
(iii)
The above procedure will also apply to the dak meant for Ministers/Officers which will be acknowledged by their personal staff.
(iv)
Urgent dak will be distributed as and when received. Other dak may be distributed at suitable intervals (i.e. 11 AM, 2 PM, and 4 PM). Such part of the ordinary dak as is received too late to be included in the last daily round, will be kept ready for distribution early next day. The official in charge of the Central Registry will ensure: (a) that, as far as possible, sorting, registration and invoicing of dak is completed on the day of its receipt; and (b) that, to the extent to which the above work cannot be completed during the day, and without prejudice to the processing of urgent dak, the night duty staff attends to it.
(v)
Urgent dak received outside office hours will be sent to the sections concerned, if there is staff on duty. In other cases, such dak will be dealt with in accordance with the instructions issued by the department concerned.
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39.
RECEIPTRECEIPT-SUBMISSION AND DIARISATION
39.1
Perusal and marking of receipt : The diarist will submit Officer/OS/Head Clerk who will :
all
receipts
to
the
Section
(i)
go through the receipts;
(ii)
mark mis-sent receipts to the sections concerned;
(iii)
separate those which, either under the departmental instructions or in his discretion, should be seen by higher officers before they are processed and mark them to such officers;
(iv)
mark to himself such of the remaining receipts as are of a difficult nature or present any special features requiring his personal attention;
(v)
mark other receipts to the dealing hands concerned, and, where necessary, indicate urgency grading and give directions regarding line of action;
(vi)
keep a note in his diary of important receipts requiring prompt action or disposal by a specified date; and
(vii)
submit the case to the officer who last noted on it, if it is one returned by another department. Diarising of receipts:
39.2 (i)
The diarist will diarise in the section diary (Annexure -XVIII) all the receipts except the following before they are submitted to the officers concerned or distributed among the dealing hands: (a) receipts which, as a class, are adequately taken care of by a register specially devised for the purpose (e.g. telephone bills which are entered in telephone bill register); (b) unsigned communications on which no instructions have been recorded by officers and on which no action is to be taken;
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(c) identical copies of representations, save the one received first; (d) post copies of telegrams unless the endorsement contains a message in additional to that contained in the telegrams; (e) petty contingent vouchers such as those relating to night duty or overtime claims of the staff, claims for coolie hire or conveyance hire, chits asking for articles of furniture, stationery etc.; (f) routine acknowledgements; (g) casual leave applications; (h) copies of miscellaneous circulars, office memoranda, extracts, etc., circulated by any section for general information, e.g., orders of general application, telephone lists, notices of holidays, tour programmes, etc.; and (i) any other types of receipts which under departmental instructions are not required to be diarised. (ii)
Inter-departmental notes, telegrams, or any other category or receipts sought to be distinguished from the rest, may be entered in the section diary in red ink.
(iii)
Papers referred to another department will be diarised each time they are received back. For those referred under diary numbers, however, previous and later entries in the diary will be linked by giving the earlier and the later diary numbers against each entry.
(iv)
If a receipt is diarised after a lapse of more than 15 days from the date it bears the entry regarding date in column 3 of the section diary, it will be circled in red ink.
(v)
The diary number of a receipt will be indicated in the space provided for the purpose in the stamp affixed by the Central Registry.
(vi)
The Section Officer/O.S/Head Clerk will scrutinise the section diary once a week to ensure that it is being properly maintained and append his dated initials in token of the scrutiny. Movement of receipts
39.3 (i)
Receipts submitted to officers will move in pads conspicuously labelled as “Receipts Pad”. Their movement and perusal will receive prompt attention.
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(ii)
The Section Officer/OS/Head Clerk will keep a careful watch on any hold-up in the movement of receipts. The diarist will bring to his notice any receipts which are not received back from officers within 24 hours.
Action by higher officers
39.4
Officers to whom receipts are submitted will: (i)
go through the receipts and initial them;
(ii)
remove receipts which they may like to dispose off without assistance from section or to submit to higher officers;
(iii)enter the diary numbers of the receipts removed on the movement slip;
39.5
(iv)
where necessary, give directions regarding line of action to be taken on other receipts; and
(v)
return the receipts together with movement slip, if any, to the Section Officer/OS/head Clerk for action above.
Allocation of disputed receipts If a section feels that it is not concerned with a mis-sent receipt forwarded to it, the same should be brought to the notice of the officer designated by the department for deciding allocation of disputed receipts.
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40.
ACTION ON RECEIPTS
40.1
Action by dealing hand: The dealing hand will : (i)
go through the receipts and separate urgent receipts from the rest;
(ii)
enter the receipts in the assistant’s diary (Annexure-XIX);
(iii)
deal with the urgent receipts first;
(iv)
check enclosures and, if any, is found missing, initiate action to obtain it;
(v)
see whether any other section is concerned with any part or aspect of a receipt and, if so, send copies or relevant extracts to that section for necessary action;
(vi)
bring the receipt on to a current file if one already exists or open a new file and indicate file No. in column 3 of the assistant’s diary;
(vii)
file papers as per the procedure of filing of papers;
(viii)
assign the receipt a serial number and page number;
(ix)
docket the receipt and reproduce on the notes portion of the file remarks, if any, made by an officer on the receipt;
(x)
with the help of file registers, indexes, precedent book, standing guard files, reference folders etc., locate and collect other files or papers, if any, referred to in the receipt, or having a bearing on the issues raised therein;
(xi)
identify and examine the issue involved in the case and record a note;
(xii)
arrange reference papers in the case properly;
(xiii)
where necessary, attach a label indicating urgency grading appropriate to the case;
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(xiv)
put up the case to the appropriate higher officer; and
(xv)
indicate the date of submission in column 4 of the assistant’s diary. Action by Section Officer
40.2 (i)
The section officer/OS/Head Clerk will: (a) scrutinise the note of the dealing hand; (b) finally dispose off routine cases; (c) take intermediate routine action; (d) record, where necessary, a note setting out his own comments or suggestions; and (e) submit the case to the appropriate higher officer.
(ii)
What constitutes “routine cases” or “intermediate routine action” in terms of (b) and (c) above will be specified by each department in its departmental instructions. Examination by section
40.3
When the line of action on a receipt is obvious or is based on a clear precedent or practice, or has been indicated by a higher officer, and a communication has to issue, a draft will be put up without any elaborate note. In other cases, the section, while putting up a case, will : (i)
see whether all the statements are correct;
(ii)
point out mistakes, information, if any;
(iii)
draw attention, where necessary, to the statutory or customary procedure and point out the relevant law and rules;
(iv)
furnish other relevant data or information available in the department, if any;
(v)
state the question for consideration and bring out clearly the points requiring decision;
(vi)
draw attention to precedents;
(vii)
evaluate relevant data and information; and
mis-statements,
missing
data
or
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(viii)
suggest, where possible, alternative course of action for consideration. Action by higher officers
40.4
Officers above the level of Section Officer will take final action on different classes of cases in accordance with such departmental instructions as may be issued by the department concerned from time to time. Departure from normal procedures of Rules
40.5
In every case where a major or minor infraction, other than trivial, of the existing procedures or rules is sought to be made, it shall be the responsibility of the decision making authority to ensure that reasons are set out in writing, warranting such a departure from the rules or procedures. Running summary of facts (Self contained note)
40.6
To facilitate consideration and to obviate repeated recapitulation, a running summary of facts will be prepared and placed on the file in a separate folder labelled as such in every case in which it is evident that such a summary would contribute to its speedy disposal. This summary will also include the advice or views of other departments, consulted in the matter but not opinions of individual officers within a department. It should be kept upto date whenever further developments take place. Guidelines for noting
40.7 (i)
All notes should be concise and to the point. Lengthy notes should normally conclude with a para bringing out clearly but briefly the points for consideration or decision. Paragraphs of notes should be serially numbered.
(ii)
The verbatim reproduction of extracts from or para-phrasing of the paper under consideration, fresh receipt, or any other part of correspondence or notes on the same file, should not be attempted.
(iii)
When passing orders or making suggestions, an officer will confine his note to the actual points he proposes to make without reiterating the ground already covered in the previous
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notes. If he agrees to the line of action suggested in the preceding note, he will merely append his signature. (iv)
Any officer, who has to note upon a file on which a running summary of facts is available will, in drawing attention to the facts of the case, refer to the appropriate part of the summary without repeating it in his own note.
(v)
Unless a running summary of facts is already available on the file or the last note on the file itself serves that purpose, a selfcontained summary will be put up with every case submitted to the Minister. Such a summary will bring out briefly but clearly relevant facts, including the views expressed on the subject by other departments, if any, consulted in the matter and the point or points on which the orders of the Minister are sought.
(vi)
If apparent errors or mis-statements in a case have to be pointed out or if an opinion expressed therein has to be criticised, care should be taken to couch the observations in courteous and temperate language free from personal remarks.
(vii)
When a paper under consideration raises several major points, each requiring detailed examination and orders, each point will be noted upon separately in sectional notes.
(viii)
Notes and orders will normally be recorded on note sheets.
(ix)
The dealing hand will append his initial with date on the left, below his note. The section officer and higher officers will append their signature on the right hand side of the notes. Modification of notes or orders
40.8 (i)
Senior officers should not require any modification in, or replacement of, the notes recorded by their juniors once they have been submitted to them. Instead, the higher officers should record their own notes giving their views on the subject, where necessary, correcting or modifying the facts given in earlier notes. In any case, the replacement or modification of the notes which have already been recorded on a file, when the file has been further noted upon by others, should not be permitted.
(ii)
Where a final decision already communicated to a party is found later on to have been given on a mistaken ground or wrong facts or wrong interpretation of rules due to
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misunderstanding, such withdrawal may also have legal implications. In all such cases, in addition to consulting the Ministry of Law, wherever necessary, such a withdrawal should be permitted only after the approval of an officer higher than the one who took the original decision, has been obtained and reasons for the reversal or modification of the earlier decision have been duly recorded on the file. Noting on files received from other departments
40.9 (i)
If the reference seeks the opinion, ruling or concurrence of the receiving department and requires detailed examination, such examination will normally be done separately through routine notes and only the final result will be recorded on the file by the officer responsible for commenting upon the reference. The officer to whom such a note is submitted will either accept that note or record a note of his own. In the former case, he may direct that the note in question or a specified portion thereof may be reproduced on the main file for communication to the department concerned. In the latter case, he will record a suitable note on the main file itself. In either case, a copy of the note recorded on the main file will be kept on the routine notes for retention in the receiving department before the file is returned to the originating department.
(ii)
Where the reference requires information of a factual nature or other action based on a clear precedent or practice, the dealing hand in the receiving department may note on the file straightaway.
(iii)
Where a note on a file is recorded by an officer after obtaining the orders of a higher officer, the fact that the views expressed therein have the approval of the latter should be specifically mentioned.
40.10 Aids to processing To facilitate processing of cases, each section will develop and maintain the following records for important subjects dealt with by it:(i) (ii) (iii) (iv) only); and (v)
standing guard files; standing notes; precedent book standard process sheets (for repetitive items of work reference folders containing copies of circulars etc.
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40.11 Oral discussions (i)
All points emerging from discussions between two or more officers of the same department and the conclusions reached will be recorded on the relevant file by the officer authorising action.
(ii)
All discussions/instructions/decisions which the officer recording them considers to be important enough for the purpose, should be got confirmed by all those who have participated in or are responsible for them. This is particularly desirable in cases where the policy of the Government is not clear or where some important departure from the prescribed policy is involved, or where two or more levels differ on significant issues or the decision itself, though agreed upon by all concerned, is an important one. Oral instructions by higher officers
40.12 (i)
Where an officer is giving direction for taking action in any case in respect of matters on which he or his subordinate has powers to decide, he shall ordinarily do so in writing. If, however, the circumstances of the case are such that there is no time for giving the instructions in writing, he should follow it up by a written confirmation at his earliest.
(ii)
An officer shall, in the performance of his official duties, or in the exercise of powers conferred on him, act in his best judgement except when he is acting under instructions of an official superior. In the latter case he shall obtain the directions in writing wherever practicable before carrying out the instructions, and where it is not possible to do so, he shall obtain written confirmation of the directions as soon thereafter as possible. If the officer giving the instructions is not his immediate superior but one higher to him in the hierarchy, he shall bring such instructions to the notice of his immediate superior at the earliest.
40.13 Oral orders on behalf of or from Minister (i)
Wherever a member of the personal staff of a Minister communicates to any officer an oral order on behalf of the Minister, it shall be confirmed by him in writing immediately thereafter.
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(ii)
If any officer receives oral instructions from the Minister or from his personal staff and the orders are in accordance with the norms, rules, regulations or procedures, they should be brought to the notice of the Secretary (or the Head of the Department where the officer concerned is working in or under a non-secretariat organisation).
(iii)
If any officer receives oral instructions from the Minister or from his personal staff and the orders are not in accordance with the norms, rules, regulations or procedures, he should seek further clear orders from the Secretary (or the Head of the Department in case he is working in or under a non-secretariat organisation) about the line of action to be taken, stating clearly that the oral instructions are not in accordance with the rules, regulations, norms and procedures.
40.14 Confirmation of oral instructions (i)
If an officer seeks confirmation of an oral instruction given by his superior, the latter should confirm it in writing whenever such confirmation is sought.
(ii)
Receipt of communications from junior officers seeking confirmation of oral instructions should be acknowledged by the senior officers or their personal staff, or the personal staff of the Minister, as the case may be.
40.15 Channel of submission Unless otherwise provided for in the departmental instructions each case will travel upto the appropriate decision-making level through all the intermediate levels in the hierarchy. 40.16 Direct submission of cases by senior assistants (i)
Every assistant in a conventional section who has more than five years service in the grade including at least six months in the concerned section may be required to submit all his cases direct to the branch officer. However, in appropriate cases, assistants with less than five years service in the grade may also be permitted to submit cases direct to branch officer.
(ii)
All the cases directly submitted by assistants to the branch officer should, as a rule, go back to the assistants through the Section Officer. The Section Officer will, however, be free to
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bring to the notice of the branch officer any omission or flaws in the submission of cases or the decisions taken and thus give an opportunity to the branch officer to reconsider the matter.
Examination and progressing of cases in which two or more authorities are consulted
40.17
Where two or more state Governments, Central Departments or other authorities are simultaneously consulted, the examination and, where necessary, tabulation of the replies will ordinarily be started as soon as replies begin to arrive and not held over till the receipt of all the replies or the expiry of the target date. 40.18 Filing of papers (i)
Papers required to be filed will be punched on the left hand top corner and tagged on to the appropriate part of the file, viz, notes, correspondence, appendix to notes and appendix to correspondence, in chronological order, from left to right, the latest being at the bottom.
(ii)
Normally, each part of the file will be placed in a separate file cover. Where, however, ‘notes’ and 'correspondence' are not bulky, both may be placed in a single file cover by tagging the correspondence portion on to the right side of the cover and the notes portion on the left side of the same cover. Similarly, both the appendix to notes and appendix to correspondence may be filed in a single file cover, if they are not bulky.
(iii)
Routine receipts and issues (e.g. reminders, acknowledgements) and routine notes will not be allowed to clutter up the file. They will be placed below the file in a separate cover and destroyed when they have served their purpose.
(iv)
When either the ‘notes’ or the ‘correspondence’ portion of a file becomes bulky (say, exceeds 100 pages), it will be stitched and marked ‘Volume I’. Further papers on the subject will be added to the new volume of the same file, which will be marked ‘Volume II’, and so on.
40.19 Arrangement of papers in a case
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The papers in a case will be arranged in the following order from top, downwards: (i)
reference books;
(ii)
notes portion of the current file ending with the note for consideration;
(iii)
running summary of facts;
(iv)
(iv)
(v)
Correspondence portion of the current file ending with the latest receipt or issue, as the case may be;
(vi)
appendix to notes and correspondence;
(vii)
standing guard file, standing note or reference folder, if any;
(viii)
other papers, if any, referred to e.g. extracts of notes or correspondence from other files, copies of orders, resolutions, gazettes, arranged in chronological order, the latest being placed on the top;
(ix)
recorded files, if any, arranged in chronological order, the latest being placed on the top; and
(x)
routine notes and papers arranged in chronological order and placed in a separate cover.
draft for approval, if any;
40.20 Referencing (i)
Every page in each part of the file (viz. notes, correspondence, appendix to notes, and appendix to correspondence) will be consecutively numbered in separate series, in pencil, blank intervening pages, if any, will not be numbered.
(ii)
Each item of correspondence in a file, whether receipt or issue, will be assigned a serial number which will be displayed prominently in red ink on the right top corner of its first page.
(iii)
The paper under consideration on a file will be flagged “PUC” and the latest fresh receipt noted upon, as “FR”. In no circumstances, will a slip other than “PUC” and (FR), be attached to any paper in a current file. If there are more than
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one FRs, they should be flagged separately as ‘FR.I’, ‘FR II’ and so on. (iv)
In referring to the papers flagged ‘PUC’ or ‘FR’ the relevant page numbers will be quoted invariably in the margin. Other papers in a current file will be referred to by their page numbers only.
(v)
Recorded files and other papers put up with the current file will be flagged with alphabetical slips for quick identification. Only one alphabetical slip will be attached to a recorded file or compilation. If two or more papers contained in the same file or compilation are to be referred to, they should be identified by the relevant page numbers in addition to the alphabetical slip, e.g. ‘A’/23.N, ‘A’/17.C, and so on.
(vi)
To facilitate the identification of references to papers contained in other files after the removal of slips, the number of the file referred to will be quoted invariably in the body of the note and the relevant page numbers, together with the alphabetical slip attached thereto, will be indicated in the margin. Similarly, the number and date of orders, notifications and resolutions, and, in the case of acts, rules and regulations, their brief title together with the number of the relevant section, rule, paragraph or clause, referred to will be quoted in the body of the notes, while the alphabetical slips used, will be indicated in the margin.
(vii)
Rules or other compilations referred to in a case need not be put up if copies thereof are expected to be available with the officer to whom the case is being submitted. The fact of such compilations not having been put up will be indicated in the margins of the notes in pencil.
(viii)
The reference slips will be pinned neatly on the inside of the papers sought to be flagged. When a number of papers put up in a case are to be flagged, the slips will be spread over the entire width of the file so that every slip is easily visible.
40.21 Linking of files (i)
If the issues raised in two or more current files are so interconnected that they must be dealt with together simultaneously, the relevant files will be linked in the manner indicated in (ii) below. Such linking may also be resorted to if a paper on one current file is required for reference in dealing
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with another current file unless a copy of the paper can be conveniently placed on the first file. (ii)
When files are to be linked, strings of the file board of the lower file (but not its flaps) will be tied round the upper file and those of the file board or flap of the upper file tied underneath it in a bow out of the way so that each file is intact with all its connected papers properly arranged on its file board or flap.
(iii)
On receipt after completion of action, the linked files will be immediately delinked after taking relevant extracts and placing them on the linked files, where necessary. Use of urgency gradings
40.22 (i)
The two urgency gradings authorised for use on cases are ‘immediate’ and ‘priority’.
(ii)
The label ‘immediate’ will be used only in the cases requiring prompt attention. The “Priority’ label will be used for cases which, though not warranting prompt attention, have normally to be given precedence over those not bearing any urgency grading.
(iii)
The grading of urgency assigned to a case will be reviewed by all concerned at different stages of its progress and, where necessary, revised. This is particularly important for cases proposed to be referred to other departments.
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41.
FORMS AND PROCEDURE OF COMMUNICATION Forms of written communication
41.1
The different forms of written communications used by a department are described below. Each form has a use and, in some cases, a phraseology of its own. (i)
Letter :
(a) This form is used for corresponding with foreign governments, state governments, heads of attached and subordinate offices, statutory bodies like the Union Public Service Commission, public bodies and members of public generally. A letter begins with the salutation “ Sir (s) or Dear Sir (s)”, as may be appropriate. (b) Official letter emanating from a department and purporting to convey the views or orders of the Government of India must specifically be expressed to have been written under the directions of Government. (ii)
Demi-official letter :
(a) This form is generally used in correspondence between government officers for an interchange or communication of opinion or information without the formality of the prescribed procedure. It may also be used when it is desired that a matter should receive personal attention of the individual addressed. Communications to non-officials also can take the form of a demi-official letter. (b) It is written in the first person and in a personal and friendly tone. (iii)
Office Memorandum :
This form is generally used for corresponding with other departments or in calling for information from or conveying information (not amounting to an order of Government) to its employees. It may also be used in corresponding with attached and subordinate offices. It is written in the third person and bears no salutation or subscription except the name and designation of the officer signing it.
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(iv)
Inter-departmental note :
(a) This form is generally employed for obtaining the advice, views, concurrence or comments of other departments on a proposal or in seeking clarification of the existing rules, instructions, etc. It may also be used by a department when consulting its attached and subordinate offices and vice-versa. (b) The inter-departmental note may either be recorded on a file referred to another department or may take the form of an independent self-contained note. (v)
Office order :
This form is normally used for issuing instructions meant for internal administration e.g. grant of regular leave, distribution of work among officers and sections. (vi)
Orders :
This form is generally used for issuing certain types of financial sanctions and for communicating Government orders in disciplinary cases etc., to the officials concerned. (vii)
Notification :
This form is mostly used in notifying the promulgation of statutory rules and orders, appointments and promotions of gazetted officers etc. through publication in the Gazette of India. (viii)
Resolution :
This form of communication is used for making public announcement of decision of Government in important matters of policy, e.g. the policy of industrial licensing, appointment of committees or commissions of enquiry. Resolutions are also usually published in the Gazette of India. (ix)
Press Communique/note :
This form is used when it is proposed to give wide publicity to a decision of Government. A press communique is more formal in character than a press note and is expected to be reproduced intact by the press. A press note, on the other hand, is intended to serve as a handout to the press which they may edit, compress or enlarge, as deemed fit.
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(x)
Endorsement :
This form is used when a paper has to be returned in original to the sender, or the paper in original or its copy sent to another department or office, for information or action. It is also used when a copy of a communication is proposed to be forwarded to parties other than the one to which it is addressed. Normally this form will not be used in communicating copies to State Government. The appropriate form for such communication should be a letter. Fax Messages and E-mail:
41.2 (i)
In CBI, all the branches have been provided with the facility of FAX. It is incumbent on the Head of Office of the concerned Branch to ensure that the facility of FAX is maintained properly and is not misused. The FAX machine provided to the branches should be used only for sending/receiving urgent messages.
(ii)
Computers are provided to every branch of CBI. Branch SsP are authorised to subscribe to dial up internet connection upto 100 hours on each occasion. Each Head of the Office and senior officers of CBI have been provided with e-mail addresses of NIC mailing service. Branches should widely use this means of communication, which is fast and also inexpensive. Telephonic communications :
41.3
41.4
(i)
In purely routine matters not warranting a written communication, departments may communicate with local parties over the telephone.
(ii)
In matters of extreme urgency, departments may communicate with other parties, both local and outstation, over the telephone. Where necessary, such communications may be followed by written communications in the appropriate form.
(iii)
Telephone calls (including STD calls) will be regulated by departmental instructions. Correspondence with attached and subordinate offices :
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Department may correspond with attached and subordinate offices under the control of other departments subject to general instructions as the latter may issue.
Inter-departmental consultation :
41.5 (i)
Inter-departmental consultation may take the form of interdepartmental notes, inter-departmental meetings or oral discussions.
(ii)
In making written inter-departmental references, the following points should be observed : (a) Inter-departmental references, will normally be made under the directions of an officer not below the rank of Under Secretary or as may be provided by the departmental instructions. (b) The points on which the opinion of other departments is sought or which it is desired to bring to their notice should be clearly stated. (c) Where possible, the drafts of the orders proposed to be issued may also be shown to the departments sought to be consulted. (d) When it is necessary to consult more than one department on a case, such consultation may be effected simultaneously by self-contained inter-departmental notes unless : (i) it involves copying of a large number of documents available on the file; or (ii) the need for consulting the second department would arise only after the views of the first have become available. (iii) (a) When such reference requires concurrence of one or more Ministries under the Government of India (Transaction of Business) Rules, the following further points should be observed :
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(i)
the originating Ministry should invariably prescribe a time limit when calling for comments or concurrence from other Ministries.
(ii)
in case any of the Ministries so consulted is not in a position to send its comments/concurrence within the prescribed time limit, it should write back promptly, and in any case, before the prescribed time limit and indicate the additional time they would require for furnishing their final reply.
(b) When such a reference does not require such concurrence under the rules, the originating Ministry need not wait for the comments of other Ministry beyond the prescribed time limit and it should feel free to go ahead with its scheme/proposal without waiting any longer. (c) The initiating Ministry should always feel free to recall its file from another Ministry to which such a reference has been made on a file, if such a course is required to be adopted for expediting the process of decision making in the case. Such a decision to recall a file should be taken at a level not lower than that of a Branch Officer in the originating Ministry. (iv)
Inter-departmental meetings may be held where it is necessary to elicit the opinion of other departments on important cases and arrive at a decision within a limited time. No such meeting will normally be convened except under the orders of an officer not below the level of Joint Secretary. In respect of such meetings, it will be ensured that:(a) the representatives attending the meeting are officers who can take decisions on behalf of their departments; (b) an agenda setting up clearly the points for discussion is prepared and sent alongwith the proposals for holding the meeting, allowing adequate time for the representatives of their departments to prepare themselves for the meeting; and (c) a record of discussions is prepared immediately after the meeting and circulated to the other departments concerned, setting out the conclusions reached and indicating the
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department or departments responsible for taking further action on each conclusion. (v)
Sometimes, it may be necessary to have oral discussions with officers of other departments, e.g. when ; (a) a preliminary discussion between the officers of the departments concerned is likely to help in the disposal of the case; (b) it is desirable to reach a preliminary agreement before proceeding further in the matter; (c) inter-departmental noting reveals a difference of opinion between two or more departments; or (d) it is proposed to seek only information or advice of the department to be consulted.
The result of such oral consultation should be recorded in a single note on the file by the officer of the department to which the case belongs. The note will state clearly the conclusions reached and the reasons thereof. A copy of the note will also be sent to the departments consulted in order that they have a record of the conclusions reached. References to the Attorney General of India :
41.6
Reference to the Attorney General will be made only by the Ministry of Law, Justice and Company Affairs. References to the Comptroller and Auditor General of India
41.7 :
References to the Comptroller and Auditor General for his views or advice can be made only by or through the Ministry of Finance. In matters of day-to-day administration, departments may, however, correspond directly with the Comptroller and Auditor General at their discretion. 41.8
Reference to the Union Public Service Commission : Reference to the Union Public Service Commission will normally be made in the form of letters addressed to the Secretary. In certain matters, e.g. requisitions for recruitment, formal references
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should ordinarily be preceded by informal discussions at appropriate levels. Correspondence with Union Territory administrations :
41.9
All communications of a routine nature which are clearly relatable to the business of a particular department, will ordinarily be addressed to the Secretary in the appropriate department. Other communications may be addressed to the Chief Secretary or the Administrator depending upon the importance of the matter.
Correspondence with State Governments :
41.10 (i)
Communications on subjects clearly relatable to the business of a particular department will normally be addressed to the Secretary
of
that
department.
Other
communications,
including those of special nature or importance warranting attention at higher levels, may be addressed to the Chief Secretary. (ii)
Communications other than those of a purely routine nature, e.g. acknowledgements, will not ordinarily be addressed to State Government except with the prior approval and over the signature of the Branch Officer. Purely routine communications can, however, be signed by a Section Officer. Correspondence Secretariats :
41.11
with
Lok
Sabha and
Rajya Sabha
41.12 Communications meant for the Lok Sabha Secretariat or the Rajya Sabha Secretariat and requiring urgent or high level attention may be addressed to the Secretaries concerned and not directly to the Speaker or the Chairman. Correspondence with members of Parliament :
41.12 (i)
Communications received from members of Parliament should be attended to promptly.
(ii)
Where a communication is addressed to a Minister, it should, as far as practicable, be replied to by the Minister himself. In other cases, a reply should normally be issued over the signature of an officer not below the rank of Joint Secretary.
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41.13
(iii)
Normally information sought by a member should be supplied unless it is of such a nature that it would have been denied to him even if asked for on the floor of the Houses of Parliament.
(iv)
As far as possible, in corresponding with members of Parliament, pre-printed or cyclostyled replies should be avoided.
Correspondence with International organisations
foreign
Governments
and
Correspondence with foreign Governments and their Missions in India, heads of Indian Diplomatic Missions and posts abroad and United Nations and its specialised agencies will normally be channelised through the Ministry of External Affairs. The cases in which and the conditions subject to which direct correspondence may be resorted to are indicated in the instructions entitled “Channel of communication between the Government of India and State Governments on the one hand; and foreign and Commonwealth governments or their Missions in India, Heads of India Diplomatic Missions and posts abroad and United Nations and its specialised Agencies on the other” issued by the Ministry of External Affairs. Acknowledgements and interim replies :
41.14
41.15
(i)
All communications from members of Parliament, recognised associations, public bodies and members of the public generally, which cannot be answered promptly will be acknowledged suitably. If any such communication is wrongly addressed to a department, it will be transferred promptly to the appropriate department under intimation to the party concerned.
(ii)
In all other cases in which delay is anticipated in sending out a final reply, an interim reply will be sent to the party concerned at the earliest possible stage, indicating wherever possible the approximate date by which a final reply may be expected. Target date for replies :
In all important matters in which State Governments, departments of the Central Government or other offices, public bodies or individuals are consulted, time limit for replies may ordinarily be specified. On the expiry of the specified date, orders of the appropriate authority may be obtained whether the parties whose
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replies have not been received, may be allowed an extension of time or whether the matter may be proceeded with, without waiting for their replies.
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42. DRAFTING OF COMMUNICATI COMMUNICATION ATION Procedure for drafting :
42.1 (i)
No draft will normally be prepared in simple and straight forward cases or those of a repetitive nature for which standard forms of communication exist. Such cases may be submitted to the appropriate officer with fair copies of the communication for signatures.
(ii)
When the line of action is obvious and no noting need be done or when noting is necessary but examination of the matter develops a clear line of action, a draft will be put up straight for approval; otherwise, a draft will be put up only after the appropriate officer has indicated or approved the line of action/or what the contents of the communication should be.
(iii)
An officer who has formulated his views on a case may either have the fair communication made for his signature and authorise its issue or prepare a draft and submit it to the appropriate officer for approval. General instructions for drafting :
42.2 (i)
A draft should carry the message sought to be conveyed in a language that is clear, concise and incapable of being misconstrued.
(ii)
Lengthy sentences, abruptness, redundancy, circumlocution, superlative and repetition, whether of words, observations or ideas, should be avoided.
(iii)
Communications of some length or complexity should generally conclude with a summary.
(iv)
Where appropriate, the subject should be mentioned in communications (including reminders).
(v)
The number and date of the last communication in the series, and if this is not from the addressee, his last communication on the subject, should always be referred to. Where it is necessary to refer to more than one communication or a series of communications, this should be done in the margin of the draft.
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(vi)
All drafts put up on a file should bear the file number. When two or more communications are to issue from the same file to the same addressee on the same date, a separate serial number may be inserted before the numeral identifying the year to avoid confusion in reference, e.g. 8/5(I)/54-Est., 8/5(II)/54Est.
(vii)
A draft should clearly specify the enclosures which are to accompany the fair copy. In addition, short oblique lines should be drawn at appropriate places in the margin for ready reference by the typist, the comparers and the despatcher. The number of enclosures should also be indicated at the end of the draft on the bottom left of the page, thus, “Encl.3”.
(viii)
If copies of an enclosure referred to in the draft are available and are, therefore, not to be typed, an indication to that effect will be given in the margin of the draft below the relevant oblique line.
(ix)
If the communication to be despatched by post is important (e.g. a notice cancelling a licence or withdrawing an existing facility) or encloses a valuable document such as an agreement, service book or a cheque, it should be sent under registered post, insured cover or postal certificate, as appropriate.
(x)
The name, designation and telephone number of the officer, over whose signature the communication is to issue, should invariably be indicated on the draft.
(xi)
In writing or typing a draft, sufficient space should be left for the margin and between successive lines to admit of additions or interpolation of words, if necessary.
(xii)
A slip bearing the words “Draft for approval” should be attached to the draft. If two or more drafts are put on a file, the drafts as well as the slips attached thereto will be marked ‘DFA-I’, ‘DFA-II’, ‘DFA-III’ and so on.
(xiii)
Drafts which are to issue as “Immediate” or “Priority” will be so marked under the orders or an officer not lower in rank than a Section Officer/O.S.
(xiv)
The officer concerned will initial on the draft in token of his approval.
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Authentication of Government orders :
42.3
42.4
(i)
All the orders and other instruments made and executed in the name of the President should be expressed to be made in his name and signed by an officer having regular or ex-officio secretariat status of and above the rank of Under Secretary, or others specifically authorised to authenticate such orders under the Authentication (Orders and Other Instruments) Rules, 1958.
(ii)
Where the power to make orders, notifications, etc. is conferred by a statute on the Central Government, such orders and notifications will be expressed to be made in the name of the Central Government. Addressing communications to officers by name :
Normally no communication, other than that of a classified nature or a demi-official letter, should be addressed or marked to an officer by name, unless it is intended that the matter raised therein should receive his personal attention either because of its special nature, urgency or importance, or because some ground has already been covered by personal discussions with him and he would be in a better position to deal with it.
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43. ISSUE OF DRAFTS Marking of drafts for issue :
43.1 (i)
After a draft has been approved, the Section Officer/O.S./Head Clerk will : (a) Examine the draft to see that it is letter perfect i.e. all corrections etc., have been properly carried out and that there are no accidental errors; (b) Indicate if a clean copy of the draft is to be made for use as an office copy; (c) Specify the number of spare copies required, if any; (d) Ensure that copies of enclosures are attached to the draft where these are available in the section; (e) Indicate whether fair copies are to be signed by the officer approving the draft or to be authenticated for issue by the Section Officer of the Central Issue Section; (f) Give a clear indication on the draft, where a communication is to be despatched by a special messenger on account of its special nature, importance or urgency; (g) Mark the draft for “issue” (if there are more than one drafts for issue from the same file, indicate the total number of drafts e.g., ‘issue 3 drafts’; (h) Write the words “with file” on the draft where the file also is to be sent to the Central Issue Section (e.g. where copies of any paper contained therein are to be typed as enclosure); and (i) Pass on the file to the diarist.
(ii)
The diarist will : (a) Remove the draft, unless the file itself is to be sent to the Central Issue Section, place it in the pad prominently marked ‘drafts for issue’ and make suitable entry (e.g. sent for issue on 07.04.1991) in the margin of the notes portion of the file; (b) Mark the movement in the file movement register where the file is to be sent with the draft. (c) Send the pad containing drafts for issue, alongwith files where necessary, to the Central Issue Section at appropriate intervals during the day; and (d) Report to the Section officer, at the end or each day, the number of drafts not received back within two days from the date they were sent to the Central Issue Section.
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Stamping of drafts :
43.2
On receipt in the Central Issue Section, the drafts will be stamped with the use of an automatic numbering machine, having an adjustable date, as per specimen in the margin. (Date) (S. No.) Typist ............................................ Comparers ..................................... Distribution of work among typists :
43.3 (i)
The drafts will then be placed before the Section Officer/OS/Head Clerk of the Central Issue Section/Issue Section who will mark them to the typist for fair typing by indicating their initial letters (e.g. “TKM”), in the space provided in the stamp for the purpose. To enable him to distribute the typing work among the typists equitably, he will maintain a distribution chart.
(ii)
The typist will enter the drafts received by him for typing in the typist’s diary.
(iii)
At the end of the day, the typist will submit the diary together with the unfinished typing work to the Section Officer.
(iv)
The Section Officer/OS/Head Clerk will : (a) Complete the distribution chart; (b) Arrange for the typing of urgent untyped work outside office hours, where necessary; and (c) Take the arrears into account in allocating fresh work on the next working day. Registration of drafts :
43.4 (i)
Before the drafts are handed over to the typists, they will be entered in the Issue Diary.
(ii)
Drafts of telegrams and other communications marked “Immediate” will be entered in red ink to distinguish them from the rest.
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(iii)
At the end of the day, the clerk maintaining the issue diary will submit his diary to the Section Officer/OS/Head Clerk for assessing arrears and taking appropriate action. General instructions regarding typing :
43.5 (i)
Urgent drafts will be attended to first.
(ii)
Fair copies of all communications will be typed on paper of suitable size, printed forms being used as far as possible. If plain paper is used, whether for the original communication or for an endorsement, the name of the issuing department will be typed at the appropriate place.
(iii)
Fair copies will be typed with single spacing unless otherwise directed.
(iv)
The oblique lines, as also the number of enclosures indicated in the drafts, will be typed at the appropriate places.
(v)
The typist will type his initials with date in the left hand bottom corner of the fair copy, e.g. HCK/13.05.1989. Comparison :
43.6
The typed matter, alongwith the drafts and relevant files, if any, will be passed on by the typists to the comparers, who will : (a) Compare the fair copies with the drafts; (b) Initial (with date) in the space provided for the purpose in the stamp affixed on the draft; (c) Attach enclosures, if any, and write the word ‘attached’ below the oblique line on the office copy; and (d) Send the fair copies alongwith enclosures and the duplicate office copy, if any, together with the approved drafts, in a signature pad to the officer concerned for signature . Signing of fair copies :
43.7 (i)
Departments having centralised arrangements for fair typing of drafts may issue departmental instructions authorising Section Officer of the Central Issue Section to authenticate specified categories of fair communications for issue.
(ii)
The Section Officers of the other Sections could also be authorised to authenticate issue of such communications as
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per (i) above, if the fair-typing of drafts is done in those sections. (iii)
Such authorisations, however, will not extend to: (a) Orders and instruments issued in the name of the President ; (b) Financial sanctions; and (c) Communications to Members of Parliament, State Government, Public bodies and Members of the Public Generally.
43.8
(iv)
Authentication by Section Officers of the fair copies of communications for issue, where permitted, will be done in the manner prescribed.
(v)
Signing of fair communications and movement of ‘signaturepads’ should receive prompt attention.
(vi)
On return of the signature pads, the comparers concerned will see that the fair copies have been duly signed by the officer and that corrections, if any, made by the officer while signing are carried out in all the copies. The signed fair copies together with office copies, drafts and relevant files, if any, will then be passed on to the despatcher. General instructions regarding despatch : The despatcher will : (i) Date fair copy, office copy and spare copies, if any; (ii) Affix the stamp ‘Issued’ (after adjusting date) as per specimen given in the margin, on the office copy and initial it; ISSUED Initials (Date)
(iii) Where for any reason an enclosure has to be sent separately, make a note to that effect on the communication (both fair copy and office copy) and attach a slip to the enclosure indicating the number and date of the communication to which it relates;
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(iv) Separate the communications to be sent by post from those to be delivered by hand, for further processing; (v) Enclose communications meant for despatch by post, or those addressed to officers by name in covers of appropriate size, ensuring at the same time that all communications intended for the same addressee are placed in a single cover; (vi)
Use economy slips (O&M 32) for all covers except : (a) Those with bulky contents; (b) Those addressed to foreign Governments, private bodies and members of the public; and (c) Those intended for despatch under registered or insured covers.
(vii) Where window envelopes are in use, fold the fair communications in such a way that the address typed thereon is visible through the window; (viii) Where other covers are used, write the address and the number of the communication on an economy slip or the cover, as the case may be; and (ix) :
Bring to the notice of the Section Officer/OS/Head Clerk (a) Urgent communications which could not be despatched on the day or their receipts; and (b) Ordinary communications which could not be despatched even on the day following the day of their receipt.
Despatch of postal communications :
43.9 (i)
The despatcher will hand over communications to be sent by post to the daftry, who will:(a) Separate those to be sent by foreign post from the rest; (b) Paste the telegrams, if typed on plain paper, over the printed form of telegram supplied by posts and Telegraphs Department and affix service postage stamps of the appropriate value thereon; (c) If a credit deposit account is maintained for issuing telegrams, affix rubber stamp indicating the credit deposit account number assigned to the department in the space provided for affixing postage stamps;
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(d) Affix postage stamps of the appropriate value on covers, packets, etc., where necessary after weighing them, using ordinary postage stamps for foreign post and service postage stamps for inland post; (e) Where postal franking machines are in use, frank the covers etc. instead or affixing postage stamps; (f) Stamp the postal covers with a rubber stamp bearing the name of the department, the name and designation of the officer in charge of the Central Issue Section, and the facsimile of his signature; and (g) Return the communications to the despatcher. (ii)
The despatcher will enter particulars of the communications and the value of stamps affixed thereon in the despatch register. (Annexure-XX(A)).
(iii)
In the case of telegrams, the serial number assigned to them in the despatch register will be noted at a convenient place on the top receipt portion of the printed telegram to facilitate the linking of the telegram receipts to the relevant entries in the despatch register.
(iv)
Departments despatching registered post exceeding in daily average of 10 should use postal registration books so that the outgoing registered communications could straightaway be entered in that book instead of in the despatch register. Each entry in such a book will then be got stamped by the post office.
(v)
If a communication is to be sent by registered post (acknowledgement due), the number of the communications should be written on the ‘acknowledgement card’ also so that, when received back, it can be sent to the section concerned.
(vi)
Telegrams should be despatched promptly. Registered and insured articles should be sent to the post office well before the closing hours prescribed for the receipt of such communications. Other communications should be posted at convenient intervals.
(vii)
Receipts for telegrams, registered and insured posts, etc., should be checked carefully by the despatcher. These should be filed properly for reference in the event of need.
(viii)
In offices where despatch work is heavy and where central despatch registers are maintained in detail, the procedure for
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maintenance of service postage stamp account will be as given in Annexure-XX(B). Despatch of non-postal communications :
43.10 (i)
Non-postal communications should be sorted out according to the location of the addressees, entered in messenger books and handed over to messenger for delivery to the addressees.
(ii)
Messenger books should be numbered serially and an adequate number of such books allotted to each department/office or several departments/offices grouped conveniently according to their location.
(iii)
Urgent communications should be despatched promptly. The time of despatch should invariably be noted in the messenger book. The recipients should similarly be required to indicate the time of their receipt. Ordinary communication should be despatched at least twice a day at suitable intervals.
(iv)
Only urgent communications will be despatched outside office hours. No communication should be sent to an officer at his residence unless : (a) It is of such a nature that action thereon cannot wait till the commencement of the next working day; (b) It is marked ‘immediate’ and addressed to the officer by name; and (c) Its delivery to the officer’s residence has been authorised by the Branch Officer concerned at the despatching end.
(v)
After the communications have been delivered, the despatcher will examine the messenger books to see that all the communications entered therein have been duly acknowledged by the recipients under dated signatures written in ink. Instances where the communications have not been acknowledged will be immediately brought to the notice of the Section Officer of the Central Issue Section for investigation and further suitable action.
43.11 Return of papers after issue : After issue of fair communications the despatcher will make over office copies, together with drafts and relevant files, if any, to the clerk maintaining the issue diary. The latter will return the papers to
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the diarists of the sections concerned after making entries in column 3 of the issue diary. 43.12 Issue of inter-departmental notes : (i)
Drafts of self-contained inter-departmental notes will be issued in the same manner as any other draft.
(ii)
Inter-departmental notes sought to be recorded on files will be fair typed and compared in the sections concerned but despatched through the Central Issue Section.
(iii)
Before sending the files to the Central Issue Section for despatch, the diarist will: (a) mark the movement in the file movement register in the case of section’s own files, and in the section diary in other cases; (b) in respect of section’s own files, prepare a challan (O&M 10) in duplicate and place one copy on the file and make over the other to the dealing hand concerned; (c) enter the file in the messenger book; and (d) send it to the despatcher of the Central Issue Section.
(iv)
The despatcher will : (a) (b) (c)
remove the file for despatch to the addressee; acknowledge its receipt in the messenger book; and return the messenger book to the section concerned.
43.13 Stamps account register : (i)
The despatcher will maintain an account of the postage stamps in the form given in Annexure-XX( C).
(ii)
The Section Officer/OS/Head Clerk will check the entries made in the register every day and append his dated signature in token of his having done so. He will also conduct surprise testchecks of envelopes ready for despatch by post to make sure : (a) that the value of stamps affixed thereon tallies with that shown in the despatch register. (b) that the required value has been secured by using the minimum number of stamps of appropriate higher denominations.
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(iii)
The Branch officer in charge of the Central Issue Section will also inspect the two registers once a month and verify that the value of stamps in hand tallies with that shown in the register.
43.14 Action after issue : (i)
On receipt of papers after issue, the diarist will : (a) (b)
(c) (d) (e) (ii)
check that the office copies bear the stamp “issued”; make sure that files and other papers sent with the drafts to the Central Issue Section have been received back; make entries about the return of files in the file movement register; place office copies, with drafts, if any, on the relevant files; and pass on the files to the dealing hands concerned.
The dealing hand will : (a)
docket the communication issued;
(b)
examine whether the case is fit for inclusion in any of the following reports and obtain orders of the appropriate officer; (i) weekly statement of cases, other than those of routine nature, disposed off without reference to the Minister-in-charge, to be submitted to the Minister in accordance with departmental instructions; and (ii) monthly summary of the principal activities of the department to be furnished to the Cabinet Secretariat in accordance with the instructions issued by it;
(c)
Examine whether the communication issued, constitutes final disposal of the paper under consideration, and if so, initiate action to record the file where it has been marked for record by the section officer; and
(d)
If a reply to the communication issued is to be awaited or further action on the file is to be resumed at a later date : (i)
mark the file for being brought forward on that
date;
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(ii) make a note of it in his Engagement Calendar and Diary on the relevant data; and (iii) pass on the file to the diarist for according its movement in the file movement register and keeping a note in the reminder diary . (Similar action should be taken also on duplicate copies, challans and in respect of files referred to other departments). 43.15 Reference lists : (i)
To facilitate quick despatch of papers, the Central Issue Section will maintain the following lists and directories : (a)
(b)
(c)
(d)
(e)
(f) (g) (h) (i) (j)
(ii)
Schedule of postal rates. Residential addresses and telephone numbers of officers and staff of the department; Departments which have arrangements within the Central Registry for receipt of dak outside office hours (with name and telephone number of the official incharge); Residential addresses and telephone numbers of officers of other departments designated to receive urgent dak outside officer hours; Postal addresses of all offices under the department, attached offices, subordinate offices, autonomous bodies etc., which deal directly with it; Residential addresses and telephone numbers of officers of other departments designated to receive parliamentary papers; Telegraphic addresses of State Governments and other out station officers frequently addressed; Delhi Official Directory issued by the President’s Secretariat; Official Directory issued by the Ministry of Home Affairs; List of India’s Representatives Abroad issued by the Ministry of External Affairs; Diplomatic List issued by the Ministry of External Affairs.
These lists etc. will be kept up to-date and displayed prominently for easy consultation by the despatcher, the resident clerk and other officials on duty.
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44. FILING SYSTEM 44.1
Filing system : A proper filing system is essential for convenient identification, sorting, storage and retrieval of papers. The two systems now in use in the secretariat are described below.
44.2
Filing system based on subject classification : (i)
Each section will maintain approved lists of :
(a) Standard heads, i.e. main subject headings concerning it; and (b) Standard sub-heads, i.e., aspects of the main subject headings. (ii)
The standard heads will bear consecutive serial numbers. No such numbers, however, will be allotted to standard sub-heads.
(iii)
The lists of standard heads and sub-heads will be reviewed at the beginning of each year and revised, if necessary, with the approval of the Branch Officer concerned. The serial numbers once allotted to the standard heads should not ordinarily be changed.
(iv)
Before opening a new file, the dealing hand will ascertain the standard head to which the paper under consideration relates. He will then propose a suitable title of the file for the approval of the Section Officer/OS/Head Clerk. The title will consist of : (a) Standard head; (b) Sub-head which will be more indicative of the precise subject than the ‘head’ (where it is necessary to have more than one sub-head in a title the wider and more abstract should generally precede the narrower and more concrete); (c) A brief content indicating the question or issue under consideration in relation to the standard head and sub-head and where necessary, the specific institution, persons place or thing involved.
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(v)
The title should be as brief as possible but should give at a glance sufficient indication of the contents of the file so as to serve as an aid to its identification. It should be articulated, i.e. broken up into components, each consisting of the minimum possible substantive words, and expressing an element in the subject matter. Each part will begin with a capital letter and will be separated from the preceding one by a bold dash.
(vi)
As far as possible, there should be a separate file for each distinct aspect of the subject. The title of a file should not be couched in very general or wide terms which might attract large number of receipts on different aspects of the matter, thereby making the file unwieldy.
(vii)
If the issue raised in a fresh receipt or in the note on a current file goes beyond the original scope, a new file may be opened to deal with it, after placing the relevant extracts or copies thereon.
(viii)
Every file will be assigned a file number which will consist of : (a) The serial number allotted to the standard head; (b) The serial number of the file opened during the year under the standard head; (c) The year of opening the file (last two digits only); (d) An abbreviated symbol identifying the section.
44.2.1
44.3
The first three elements in the file number will be separated from one another by a slant stroke and the last two by a dash. Thus, files opened in, way, States Reorganisation section during 1991 under the standard head bearing serial number ‘3’, will be numbered consecutively as 3/1/91-SR, 3/2/91-SR and so on, where ‘SR’ represents the section. Functional filing system : (i)
In this system, the range and dimensions of the subject falling under the scope of business allocated to a department are analysed in the following sequence : (a) the main functions of the department; (b) the activities in each of these functions; (c) the aspects or operations involved in each of these activities; and
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(d) the factors to be taken into consideration relating to each of these aspects or operations. (ii)
The scope of business of a department is thus analysed under four hierarchical divisions, and accordingly the following four standard lists of headings are prepared : (a) Functional heads which may be called ‘basic heads’; (b) Activity heads which may be called ‘primary heads’ as related to each functional head; (c) Aspect or operation heads which may be called ‘secondary heads’ as related to activity heads; and (d) Factor heads which may be called ‘tertiary heads’ as related to aspects or operation heads.
(iii)
Based upon the above lists of heads a functional file index for the various substantive subjects dealt with by a department together with an identifying file numbering system is then developed.
(iv)
44.4
For opening files relating to establishment, finance, budget and accounts, office supplies and services, and other house-keeping jobs common to all departments, the standardised functional file job index including its file-numbering system, issued by the Department of Personnel and Administrative Reforms will be followed.
Instances where files need not be opened : Normally, no new files will be opened for dealing with receipts of a purely routine nature (e.g. requests for supply of unclassified factual information, notices of holidays, miscellaneous circulars) which : (a) Can be disposed off straightaway by noting the reply on the source receipts and returning them to the originators; or (b) Are unlikely to generate further correspondence and therefore can be placed in a miscellaneous file to be destroyed at the end of the year, or placed in the folder of circulars etc., on the subject.
44.5
File register :
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A record of files opened during a calendar year will be kept in a file register (Annexure-XXI) to be maintained by the diarist. A list of approved standard heads alongwith the serial numbers identifying them should be pasted at the beginning of the register. The pages allotted to the standard heads in the register should also be indicated against each. 44.6
Part file : (i)
If the main file on a subject is not likely to be available for some time and it is necessary to process a fresh receipt or a note without waiting for its return, a part file may be opened to deal with it. This device may also be resorted to where it is desired to consult simultaneously two or more sections or officers and it is necessary for each of them to see the receipt noted upon.
(ii)
A part file will normally consist of : (a) (b)
44.7
Receipt or note dealt with; and Notes relating thereto.
(iii)
Where two or more part files are opened, each will be identified by a distinct number, e.g. part file-I, part file-II and so on.
(iv)
A part file will be incorporated with the main file as soon as possible, duplicate papers, if any, being removed.
Transfer, reconstruction and renumbering of files : Whenever work is transferred from one department/section to another, the former will promptly transfer all the related records including files, both current and closed, to the latter. The department/section taking over the records will not divide, reclassify or renumber the closed files transferred to it. In the case of current files, the endeavour should be to close them at the earliest possible stage and to open new files according to the department/section’s own scheme of classification for dealing with the matter further.
44.8
Movement of files and other papers : (i)
Movement of files will be entered in the file movement register.
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(ii)
Movement of files received from the other departments/sections and other receipts which have not been brought on to a file in the receiving section, will be noted in the ‘remarks’ column of the section diary.
(iii)
Files and other papers marked by the Under Secretary to other officers, sections or departments will be routed through the section for noting their movement.
(iv)
Movement of files passed by Deputy Secretaries and higher officers will be noted by the personal staff in the movement diary. Papers marked by them to other departments, however, will be routed through the section concerned for noting their movement in the file movement register or section diary, as appropriate.
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45. INDEXING AND RECORDING Stage of Indexing :
45.1
Files will be indexed at the time of their recording. Only those files which are categorised as ‘A’ and ‘B’ and those in the ‘C’ category which are to be retained for 10 years will be indexed. 45.2
Manner of indexing :
(i) underline :
While preparing a file for record, the dealing hand will
(a) The ‘index head’ i.e. the standard head or the most important catch word in the standard head which will naturally occur to any official searching for the file and which will determine the position of the relevant index slip in the consolidated index. (b) The ‘index sub-head’ i.e. the catch-word or catch-words in the standard sub-heads and /or the ‘content’ of the title which will give a further and more specific clue to the file under search. (ii) Where the functional filing system is followed, files need not be indexed under the basis, primary, secondary and tertiary heads for which the classification scheme itself will provide the master index. However, such files will have to be indexed under the catch-words used in the ‘content’ part of the title which falls outside the standardised headings. (iii) After index heads and sub-heads in the title have been approved by the Section Officer/OS/Head Clerk, the record clerk will : (a) type out, in duplicate, as many index slips as there are index heads and sub-heads underlined in the title; (b) distinguish the index heads from the sub-heads by typing the former in capital letters; (c) indicate, at the top of the index slips, all the heads and subheads mentioned in the title, one below the other, followed by the complete title of the file and the file number; (d) allot a pair of slips to each index head and sub-head by scoring out entries relating to the others;
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(e) arrange the index slips in two sets, one in alphabetical order of the heads/sub-heads, for use in the section, and the other in the sequence of the file numbers for the use of the compiler of the departmental index; (f) keep each set of paper index slips in separate spring clip folders for each year; (g) indicate the date of indexing on the file cover and initial it in the space provided for the purpose. (iv)
Index slips will normally be typed on good quality paper. In the case of important files requiring frequent and urgent reference, however, card indexes could also be prepared. Even here, the duplicate set meant for incorporation in the departmental index, will be kept according to the alphabetical order of their respective catch-words, in a single series for all the years. Each department will issue departmental instructions specifying the classes of files in respect of which card indexes will be maintained;
(v)
To ensure consistency and facilitate consolidation of departmental index, files relating to parliamentary business will be indexed not only under the appropriate standard heads and sub-heads but also under the nature of such business, e.g. Parliament Questions, cut-motions, resolutions, etc. Custody of index slips :
45.3 (i)
Index slips will remain in the custody of the record clerk.
(ii)
After all the files relating to a year have been recorded, the set of index slips in respect of that year meant for use within the section (viz. that arranged in alphabetical order) will be neatly stitched and the stitched compilation kept at a convenient place for reference by all concerned. Compilation of departmental index :
45.4 (i)
The index slips pertaining to files relating to a year will be sent to the compiler of the departmental index one year after the close of the year to which they relate. If some files of that year still remain current even at the time of sending the index slips as envisaged above, the dealing hand with the approval of the Section Officer/OS/Head Clerk will prepare index slips in respect of such files as are likely to be retained for 10 years or more from the date of recording. These will also be added to
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the set of slips being sent to the compiler of the departmental index.
(ii)
The compiler of the departmental index will : (a)
Edit the index slips by : (i) allowing the full title to appear only on the main index slips, i.e. those indexed under the index heads; (ii) scoring out the title on the subsidiary index slips, i.e., those indexed under the index sub-heads and giving a cross reference to the relevant index head.
(b) Arrange the index slips received from different sections, in alphabetical order in a single series for the department as a whole; (c) Arrange for the printing or cyclostyling consolidated departmental index for each year.
of
the
Precedent book :
45.5
Every section will maintain a precedent book in the prescribed form (Annexure-XXII) for keeping note of important rulings and decisions having a precedent value for ready reference. Entries in this record will be made at the earliest opportunity and, in any case, at the stage of recording the file. Record retention schedule :
45.6 (i)
To ensure that files are neither prematurely destroyed nor kept for periods longer than necessary, every department will : (a) in respect of records connected with accounts, observe the instructions contained in Appendix 13 to the General Financial Rules; (b) in respect of records relating to establishment, personnel and house-keeping matters common to all departments, follow the ‘schedule of periods of retention for records common to all departments’ issued by the Department of Personnel & Administrative Reforms; (c) in respect of records prescribed in this Manual, observe the retention periods specified in (Annexure-XXIII(A) TO (F));
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(d) in respect of records connected with its substantive functions, issue a departmental retention schedule prescribing the periods for which files dealing with specified subjects should be preserved, in consultation with the National Archives of India. (ii)
The above schedules should be reviewed at least once in 5
years. Stage of recording :
45.7
Files should be recorded after action on the issues considered thereon has been completed. However, files of a purely ephemeral nature containing papers of little reference or research value may be destroyed after one year without being formally recorded. Classification of records :
45.8
Files may be recorded under any one of the following classes; (i)
Class ‘A’ meaning 'keep and print or microfilm' This classification will be adopted for : (a) files of historical importance; (b) files which qualify for permanent preservation for administrative purposes and which have to be printed or microfilmed because they contain ; (i) a document so precious that its original must be preserved intact and access to it in the original form must be restricted to the barest minimum or (ii) material likely to be required for frequent reference by different parties. (NB : Files of CBI are not ordinarily classified ‘A’)
(ii)
Class ‘B’ meaning “keep but do not print or microfilm” This class will cover files required for permanent preservation for administrative purpose, but not containing material of the kind mentioned in (i) or (ii) of sub-para (i) (b) above.
(iii)
Class ‘C’ meaning “keep for specified period only”
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This class will include files of secondary importance and having reference value for a limited period not exceeding 10 years. 45.9
Procedure for recording : (i) :
After action on a file has been completed, the dealing hand will
(a) state the fact of completion of action on the file; (b) suggest the appropriate classification of record and in the case of class ‘C’ files, also specify the retention period and the year of review; (c) where necessary, revise the title of the file so that it describes adequately the contents at that stage; (d) underline the words, under which the title should be indexed; (e) indicate on the file cover whether any of the decisions contained in the file is or is not to be noted in the precedent book by scoring out the entry not applicable; (f) indicate the changes, if any, to be incorporated in the standing guard file; (g) remove from the main file, routine papers; (h) in respect of Class ‘A’ files proposed to be printed, edit the file in accordance with the instructions given in Appendix III to the Rules of Printing and Binding and suggest the number of copies to be printed; (i) complete all references and, in particular, mark previous and later references on the subject on the file cover; (j) initial the entries on the file cover; (k) submit the file to the Section Officer/OS/Head Clerk. (ii) After satisfying himself that no action is pending on the file, the Section Officer/OS/Head Clerk will : (a) approve or modify the action proposed in (b) to (g) of sub-para(i); (b) ensure that action in respect of (h) and (i) sub-para (i) has been taken; (c) sign on the notes portion and initial entries on the file cover; (d) if the file is proposed to be recorded under class ‘A’, obtain the approval of the branch oficer; (e) pass on the file to the Record Clerk. (iii)
The Record Clerk will :
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(a) complete columns 4 & 5 of the file register and, where necessary, correct the entry in column 2 thereof; (b) enter the file number in column 2 of the register for watching progress of recording (Annexure-XXIV); (c) enter Class ‘C’ files proposed to be retained for not more than 3 years in the record review register (Annexure-XXV); (d) write the word ‘recorded’ prominently in red ink, across the entries in the file movement register; (e) ink page numbers and other references (except references to alphabetical slips) made in pencil; (f) indicate the year of review on the file cover in respect of class ‘C’ files; (g) prepare fresh cover, where necessary, with all the entries already made thereon; (h) hand over the file to the Daftry after putting the initials at the appropriate place on the file cover. (iv)
The Daftry will repair the damaged papers, if any, stitch the file and submit it to the Section Officer/OS/Head Clerk.
(v)
After satisfying himself that the file has been properly recorded, the Section Officer/OS/Head Clerk will sign the outer cover and return the file to the Record Clerk.
(vi)
The Record Clerk will enter the file number in column 4 of the register and make it over to the Daftry for being kept in the bundle of recorded files. Custody of records :
45.10 (i)
Recorded files will be kept serially arranged in the Sections concerned for not more than 3 calendar years. Thereafter they will be transferred to the Departmental Record Room.
(ii)
In the event of transfer of work from one Section to another, the relevant files also will be transferred, after being listed in duplicate. One copy of this list will be retained by the Section taking over the files for its record and the other acknowledged and returned to the Section transferring them.
(iii)
Files transferred by a Section to the Departmental Record Room will be accompanied by a list of files in duplicate. The Departmental Record Room will verify that all the files mentioned in the list have been received, retain one copy of the list and return the other, duly signed, to the Section concerned.
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In the Record Room, these lists will be kept section-wise in separate file covers. (iv)
The Departmental Record Room will maintain a record review register in which a few pages will be allotted for each future year. Class ‘C’ files marked for review in a particular year will be entered in the pages earmarked for that year in the register.
(v)
Files surviving the review undertaken on their attaining the 25th year of the life will be stamped prominently as “transferred to NAI” and retired to the National Archives. Files transferred to the National Archives will be accompanied by a list of files, in triplicate, one copy of which will be returned by the National Archives, duly signed, to the Departmental Record Room.
45.11 Review and weeding of records : (i)
No file other than ephemeral files will be weeded out without first reviewing its contents.
(ii)
A class ‘C’ file will be reviewed on the expiry of the specified retention period, and depending on the merits of the case, will be : (a) weeded out; (b) retained for a further period not exceeding 10 years from the year of its closing, at the end of which it will be weeded out without any further review; or (c) upgraded to class ‘B’ with the approval of the Branch Officer.
(iii)
Class ‘A’ and Class ‘B’ files will be reviewed on attaining the 25 year of their life in consultation with the National Archives of India. In these reviews, the need for revising the original classification of class ‘B’ files may also be considered.
(iv)
The year of review of class ‘C’ files will be reckoned with reference to the year of their closing and that for class ‘A’ and class ‘B’ files with reference to the year of their opening.
(v)
Beginning in January each year, the Record Clerk will consult the record review register and submit files due for review in the preceding year to the Section Officer, after scoring out the relevant entries in that register. Similarly, the Departmental Record Room will send to the Sections concerned files due for
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review in the preceding year together with a list of files in the form at (Annexure- XXVI). (vi)
Files received for review will be examined by, or under the directions of the Section Officer concerned and those no longer required will be marked for destruction. Other files may be marked for further retention.
(vii)
If in the case of a less than three years old file, it has been decided on review to weed out, the entry to this effect in the file register will also be attested by the signature of Section Officer/OS/Head Clerk or other officer authorising the destruction.
(viii)
The Departmental Record Room will : (a) transfer class ‘A’ and class ‘B’ files surviving the review undertaken at the 25th year of their life to the National Archives; (b) in the case of other files : (i) dstroy those marked for destruction, after completing column 4 of the list of files; (ii) restore the rest, i.e., those marked for further retention, to the departmental record stacks after making the required entries in the record review register in the case of class ‘C’ files.
(ix)
Records not falling within the category of files, e.g. publications, spare copies of circulars, orders will also be subjected to periodic reviews at suitable intervals and those no longer needed, should be weeded out. To facilitate such reviews each Section will maintain a register. Records maintained by officers and their personal staff :
45.12
Each department may issue departmental instructions to regulate the review and weeding out of records maintained by officers and their personal staff. Requisitioning of records :
45.13 (i)
No recorded file will be issued from the Sectional, Departmental or Archival records except against a signed requisition in printed form O&M 65, in the case of Archival records and also in the form in the case of other records.
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(ii)
Requisition for files belonging to other departments and in the custody of the National Archives will be got endorsed by the department concerned before they are sent to the Archives. If the requisitioned filed happens to be a confidential one, the Archives will not supply the file direct to the requisitioning department but route it through the department to which it belongs.
(iii)
The requisition will be kept in the place of the file issued.
(iv)
If the requisitioned file is one that has been microfilmed or printed, normally a microfilmed or printed copy and not the original will be issued to the requisitioning department.
(v)
If a requisitioned file initially obtained for being put up in one case is subsequently put up on another, a fresh requisition should be given to the section daftry or sent to the Department Record Room or the National Archives, as the case may be, for replacing the original requisition which will be returned to the party concerned. In the case of records obtained from the National Archives, the fresh requisition slip will be prominently marked “change slip”.
(vi)
On return, the requisitioned file will be restored to its place and the requisition returned to the Section/Official concerned.
(vii)
Files obtained by a Section from the Departmental Record Room will normally be returned within 3 months. If they are not received back within this period, the Departmental Record Room will remind the Section concerned. For this purpose, the Record Room will maintain a simple register for keeping a record of the files issued to the various Sections each month. A similar register will be maintained by each Section as a record of files borrowed from it by other Sections.
(viii)
Files obtained by a department from the National Archives will not normally be retained for more that 6 months except with the later’s specific knowledge and consent.
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46.
SECURITY OF OFFICIAL INFORMATION AND DOCUMENTS
46.1
Unauthorised communication of official information : Unless authorised by general or specific orders, no official will communicate to another official or a non-official, any information or document which has come into his possession in the course of his official duties.
46.2
Treatment of classified papers : The provisions contained in this manual apply primarily to unclassified papers. In handling classified papers, the official concerned will have to exercise special care and follow the provisions of “Departmental Security Instructions” issued by the Ministry of Home Affairs. Since, according to these instructions, classified papers (other than confidential) are expected to be handled either by officers themselves or in sanction/designated as secret or top secret, it is essential that in Sections not so designated: (a) A separate set of registers and other records (e.g. dak register, section diary, file register, file movement register, precedent book, index slips, various arrears and disposal statements) is maintained for such papers by Section Officer/OS/himself; (b) The recording of such files and their review is also undertaken by him personally keeping in view the Departmental Security Instructions.
46.3
Confidential character of notes : (i) The notes portion of a file referred by a department to another will be treated as confidential and will not be referred to any authority outside the secretariat and attached offices without the general or specific consent of the department to which the file belongs. (ii) Where the general consent has been obtained under sub-para (i) above, such consent will not be construed to apply to classified files or to files in which the officer to whom the file is supposed to be referred or shown, is personally affected or in which his official conduct is under consideration.
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46.4
Communication of information to the press : (i)
(ii)
(iii)
(iv)
46.5
Official information to the press and other news media, i.e. radio and television, will normally be communicated by Government Departments through the Press Information Bureau. In CBI, the DPIO performs this duty. Only Ministers, Secretaries and other Officers specially authorised in this behalf may give information or be accessible to the representatives of the press. Any other official, if approached by a representative of the press, will direct him to the Press Information Bureau. Whenever it is proposed to release an official information to the press, or to hold a press conference or Press briefing, or to give publicity to an official report, resolution or any other publication, the department concerned will consult the accredited information officer in advance. Detailed procedure in respect of matters mentioned in this para, as laid down by the Ministry of Information and Broadcasting, should be followed.
Use of restrictive classification for printed reports etc: (i) The restrictive classification “For official use only” will not be assigned to any printed report, pamphlet or compilation unless it contains information which it would not be desirable in the public interest to disclose. In doubtful cases, the test that may be usefully applied is whether the publication, whose circulation it is proposed to restrict to official use only, is such that the minister would be justified in refusing to lay it before the Parliament. (ii) No official publication will be marked “For official use only” except with the prior approval of the Branch Officer, who will obtain the orders of the Secretary or Minister, in doubtful cases.
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47. CHECKS ON DELAYS Weekly arrear statement :
47.1 (i)
On the last working day of every week, each dealing hand will : (a) (b)
(c)
prepare a weekly arrear statement in the form prescribed (Annexure-XXVII); give particulars of receipts/cases pending with him for more than 7 days in the form prescribed (AnnexureXXVIII); and send the two statements to the diarist.
(ii)
The Section Officer will also prepare similar statements in respect of receipts/cases required to be dealt with by him and pass them on to the diarist.
(iii)
The diarist will consolidate the individual weekly arrear statements in the form prescribed and submit the consolidated statement together with the individual statements mentioned in (a) and (b) of sub-para (i) above to the Section Officer on the morning of the first working day of the following week. The individual statements of each dealing hand will be kept in a separate folder.
(iv)
The Section Officer will: (a) check the individual and consolidated arrear statements for their completeness and accuracy; (b) scrutinise the statements of receipts/cases which are more than one week old; (c) give his remarks or instructions, where necessary; (d) submit the statements to the Branch Officer.
(v)
The Branch Officer will watch the progress of work in the Section and where necessary, give suitable directions for expeditious handling of delayed receipts/cases.
(vi)
On receipt in the Section, the folders containing individual arrear statements will be made over to the dealing hands concerned for taking necessary action on the remarks, if any, of
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the Section Officer/Branch Officer and using the form for preparing the arrear statement for the next week. 47.2
Monthly statement of cases pending disposal for over a month : (i) Every Section will prepare each month a statement indicating briefly the position of each case pending disposal for over a month. (ii)
On the last working day of each month, the diarist will : (a) go through the case sheets (Annexure-XXIX) of pending cases for the preceding month and indicate the latest position of each case included therein in column 2 of the statement; (b) prepare fresh case sheets for cases opened during the preceding month but not yet finally disposed off, by completing column 1 and 2 of the form and top fixed entries; (c) hand over the case sheets to the dealing hands concerned.
(iii)
The dealing hand will : (a) scrutinise entries in the first two columns of the case sheets; (b) draw a red line across case sheets of cases that have been finally disposed off or transferred to call book (AnnexureXXX); (c) complete column 4 of other case sheets; (d) return the case sheets to the diarist by the 2nd of the month following that to which the statement relates.
(iv)
The diarist will : (a) remove the case sheets of files that have been finally disposed off or transferred to call book for being kept in a separate folder; (b) arrange the remaining case sheets in chronological order of the dates of the commencement of cases, the latest being on top; (c) place the case sheets in a file cover marked “Monthly statement of cases pending disposal for over a month”; (d) prepare in duplicate a numerical abstract (AnnexureXXXI); and (e) submit the monthly statement and the two copies of the numerical abstract to the Section Officer by the 3rd of the month.
(v)
The Section Officer will :
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(a) scrutinise the case sheets and where necessary, add his remarks; (b) check the numerical abstract for accuracy; (c) submit the monthly statement and one copy of the numerical abstract with a brief forwarding note to the Branch Officer by the 5th of the month; and (d) send the second copy of the numerical abstract to the Internal Work Study Unit. (vi)
Unless otherwise provided in the departmental instructions, the monthly statement together with the numerical abstract will go up to the Joint Secretary. Each of these officers may : (a) add such remarks as he would like to make about latest position of a case; (b) in suitable cases give directions or make suggestions for expeditious disposal.
(vii)
The Joint Secretary may bring any case included in the monthly statement to the specific notice of higher officers or minister, either through submission of the monthly statement itself or otherwise, as deemed fit.
(viii)
The Internal Work Study Unit will : (a) post the figures in the numerical abstract, in the form prescribed and return the abstract to the Section concerned; (b) prepare the consolidated statement for the department as a whole by totalling the column vertically; (c) analyse the trend of disposal of cases; (d) bring to the notice of the O&M Officer and the Secretary, any significant trends. Call book :
47.3 (i)
If a current case has reached a stage when no action can or need be taken to expedite its disposal for at least 6 months (e.g. cases held up in Law Courts), it may be transferred to the call book with the approval of an officer not below the rank of Under Secretary.
(ii)
Closed cases in which a review is contemplated after a period of 6 months or more may also be included in the call book.
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(iii)
Cases transferred to call book vide sub-para (i) above, will be excluded from the monthly statement of pending cases till they are reopened vide sub-para (iv) below.
(iv)
When a case included in the call book becomes ripe for action or if action has be to restarted as a sequel to an unexpected development, e.g. receipt of a communication from the party concerned earlier than expected, it will be revived and its progress watched in the usual way through the monthly statement of pending cases. The date of commencement of such reopened cases, however, will be the date of occurrence of the development or that of the first note leading to the reopening of the case.
(v)
The Section Officer will scrutinise the call book in the last week of every month to see that the cases which become ripe for further action during the following month are brought forward and action initiated on due dates. The call book will be submitted to the Branch Officer once a quarter i.e. during the months of January, April, July and October. He will satisfy himself that no case on which action could have been taken suffers by its inclusion in the call book and in suitable cases, give directions for the action to be taken. Monthly progress reports of recording and review of files :
47.4
(i) On the first working day of each month, the Record Clerk will prepare in duplicate progress reports on the recording and review of files for the preceding month in the forms at (Annexures-XXXII) and submit them, together with the following records, to the Section Officer: (a) (b) (c)
Register for watching the progress of recording; Record review register; and Lists of files received for review.
(ii) The Section Officer will check the two statements, submit one copy of the report to the Branch Officer and send the other to the Internal Work Study Unit. (iii)
The Internal Work Study Unit will : (a) post the figures in the forms prescribed and return the reports to the section concerned;
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(b) prepare the consolidated statement for the department as a whole by vertically totalling the columns in the form prescribed; (c) watch the progress of recording and review work generally; and (d) bring to the notice of the O&M Officer and the Secretary, any significant trends in the matter.
Reminder diary :
47.5
(i) The diarist will maintain a reminder diary in which he will enter, date-wise, all cases marked for suspense or reminder and required to be brought forward on specified dates. Challans of files referred to other Sections/Departments will also be similarly entered. (ii)
Every morning the diarist will : (a) examine the reminder diary; (b) get hold of the files and challans, marked for that date; (c) send the files and challans to the dealing hands concerned after scoring off the relevant entries in the diary; and (d) if any file entered in the diary for that date is not available, report the fact to the dealing hand concerned who will ensure that appropriate action is taken in such cases.
47.6
Watch on disposal of communications received from members of Parliament : (i) To enable each Joint Secretary, Director in a department to keep a special watch on speedy disposal of communications received from the members of Parliament and addressed to a Minister or a Secretary, the personal staff attached to him will : (a) maintain register in the form prescribed; (b) mark out prominently those communications finally disposed off by rounding off the relevant serial numbers of the register in red ink; and (c) submit the register twice a month, say on the 1st and the 15th of each month to the Joint Secretary/Director for scrutiny and such other action as he may consider appropriate. (ii) The concerned sections will also maintain a similar register for keeping a special watch on the speedy disposal of communications received from the members of Parliament.
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Register of Parliamentary Assurances :
47.7
(i) Each Section in a department will keep a record in the form (Annexure-XXXIII) of assurances given by a Minister to either House of Parliament, whether in replies to questions or in the course of discussions on bills, resolutions and other motions. A separate register will be maintained for each House and entries therein will be made session-wise. (ii)
The Section Officer will : (a) scrutinise the register once a week; (b) ensure that necessary follow-up action is in fact being taken; and (c) the Section Officer will submit the registers to the Branch Officer every fortnight if the House concerned is in session and once a month otherwise, drawing his special attention to assurances which are not likely to be implemented within period of two months.
(iii) The Branch Officer will keep the higher officers and the Minister informed of the progress made in the implementation of promises and undertakings given by him in Parliament. Cases in which there is likely to be any delay in the implementation of a promise or an undertaking should be particularly brought to their notice. Check list of periodical reports :
47.8 (i)
To
ensure
timely
receipt,
preparation
and despatch
of
periodical reports, each section will maintain two check-lists, one for incoming reports and the other for outgoing reports, in the forms at Annexure-XXXIV & Annexure-XXXV Periodical reports will be listed in column 2 of the appropriate check list in the order of their frequency, weekly reports being entered first, fortnightly reports next, and so on. (ii) The check-lists will be prepared at the commencement of each year, approved by the Section Officer, shown to the branch officer and displayed prominently on the wall. (iii) The Section Officer will go through the check list once a week to plan action on items requiring attention during the next week or so. After a periodical report has been received or despatched, the relevant entry in the date column of the appropriate check list will be rounded off in red ink.
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47.9
Responsibility of expeditious disposal of work : (i) The primary responsibility for expeditious disposal of work and timely submission of arrear and disposal statements rests with the Section Officer. To this end, he will inspect the section diary and the assistants diary and take such other action as may be necessary to ensure :(a) (b)
that no paper or file has been overlooked; and that no receipt or case actually pending with the dealing hand has been excluded from the relevant arrear statement.
(ii) The branch officer will also keep a close watch on the progress of work in the sections under his control. In particular, he will ensure that the prescribed arrear and disposal statements are submitted punctually and regularly. (iii) The Section Officer/OS etc., shall also regularly inspect the racks and tables of Assistants and Clerks (such inspections being not less frequent than once in a fortnight) and satisfy himself that no paper or file has been overlooked. He will also ensure that no receipts actually pending with the dealing Assistants/Clerks are excluded from the arrears as shown in the weekly arrears statement.
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48. REPORTS & RETURNS
48.1
Recording of information and its timely and correct retrieval , collation and transmission are some of the most essential requirements for efficient discharge of Managerial functions. In the office functioning, one of the mechanisms for keeping a record of information is through registers and the mechanism for its transmission for perusal by the supervisory officers is through Reports and Returns.
48.2
A Return is merely factual information presented in a structured statistical format. A report on the other hand is narrative and may include analysis and explanations. The Branches are required to send Reports and Returns to the CBI HQs. The information received through these reports/returns is used for taking decisions by seniors officers of CBI and the Government of India.
48.3
Registers In order to facilitate communication of timely and correct information and also for facilitating decision making by the Head Office in the matters concerning Administration, registers are maintained on various subjects. The list of all registers which are to be maintained under any existing orders or procedure should be prepared by the Head Clerk/Office Superintendent/Section Officer in each office. This list should have the following columns:(i) (ii) (iii) (iv)
48.4
Serial Number. Name of the register. Orders under which the register is to be maintained. Person who is responsible for keeping it up-to-date. Registers to be maintained by the Branch
(i) An Establishment Registers for the permanent staff of CBI (directly recruited and permanently absorbed) is to be maintained in each office and also at Head Office in Form G-2. (ii) An Establishment Register for the non-CBI staff (i.e. deputationists) is to be maintained in each office and also at Head Office in Form SPE-G-3. (iii) An Order Book should be maintained in Form SPE-G-4 in all offices.
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(iv) A register of Identification Cards issued is to be maintained by each issuing office in Form SPE-G-6. Identification Cards are to be issued for all employees under instructions issued in this regard. (v) A daily Duty Register is to be maintained at each unit for police officers in Form SPE G-7. (vi) Register of trunk and telephone calls should be maintained in Form SPE G-38 in each office of SPE. (vii) Register of shorthand note books is to be kept in Form SPE G36 in all Branch Offices and also by Head Office for each Unit. (viii) Motor Vehicles Register. (ix) Register for undisbursed Pay & allowances. (x) Dead Stock Register. (xi) Increment Register. (xii) Stationary / Stores Issue & Receipt Register. (xiii) Despatch and Issue Register. (xiv) Service Postage Stamps Register. (xv) Cash Book. (xvi) Pay Bill Register. (xvii) Party Cheque Register. (xviii) Register of Valuables. (xix) Bill Register. (xx) Contingent Bill Register. (xxi) TR-5 Receipts. (xxii) Rewards Register. (xxiii) TA Bill Register. (xxiv) LTC Bill Register. (xxv) File Register. (xxvi) File Movement Register. 48.5
To ensure timely receipt preparation and despatch of reports/returns, the branches should maintain two checklists - one for incoming returns/reports and the other for outgoing reports/returns. All periodical reports/returns should be listed in check - list in order of their frequency i.e. weekly reports being entered first, followed by fortnightly reports, monthly reports, quarterly reports, half yearly reports and annual reports. The check lists should be prepared at the commencement of each year and displayed prominently on the wall. The Head Clerk should go through the check-list once a week to plan action on items requiring attention during the next week or so. After periodical report has been received/despatched, the relevant entry in the check-list concerned should be made.
48.6 CBI,
At present the following returns are being dealt with in the H.O.
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Monthly Returns
Section
1. Statement of vacancies in the rank of Executive (ASI to Inspector) and all Ministerial ranks except Office Supdts. is required to be sent by the branches by the 10th of every month.
Pers-II
2. Statement of vacancies in the rank of Constables & Head Constables is required to be sent by the branches by the 10th of every month.
Pers-III
3. Statement regarding Pending Pension Cases (Papers). 4. Statement showing particulars of government servants retired in the previous Calendar month and date for authorisation final pension report for the month
AD.II AD.III
5. Statement showing particulars of government servant due for retirement in the next (Preceeding) 8 months
AD.III
6. Expenditure statement of loans and advances Viz. House Building Advance, Motor Car Advance, Computer Advance, Scooter Advance and Cycle Advance from all the DDOs.
Pers-I
7. Statement regarding the number of SC/ST/OBC candidates appointed against the reserved quota. 8. Return relating to pending promotion cases and ad-hoc arrangement.
IWSU
9. Return regarding activating the existing machinery for redressal for grievances.
IWSU
10. Expenditure Statement.
AD-II
Quarterly Returns
IWSU
Section
1. Statement showing particulars of government servants where presumptions have been made in favour of retiring government servants because of incomplete maintenance of service records.
AD.III
2. Statement regarding showing the particulars of government servants whose
AD.III
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Pension Payment order (PPO) was not issued within six months of retirement. 3. Statement regarding voluntary retirement of central government employees after 20 years qualifying service and who have completed 30 years of qualifying service. 4. Statement about the pending pension, family pension and revision of pension and family pension case in P&AO/CBI.
AD.III
AD.III
5. Employment Returns (ER-I) to be sent to Employment Officer, Pusa, New Delhi 6. Return regarding Monitoring of personnel matters
Pers-III
7. Return/Half yearly report regarding total number of employees belonging to minority Communities - group wise.
IWSU
8. Report regarding Employment of members of a family in Foreign Mission in India 9. Report/Annual report regarding The persons with disabilities equal opportunities protection of Rights and full participation Act 1995 - Furnishing of report of action taken in respect of relevant provisions.
IWSU
IWSU
Pers-III
10. Return regarding activating the existing machinery for redressal of grievances.
IWSU
11. Return regarding public grievances
IWSU
12. Statement on various types of Pay and Allowances.
AD.II
Half Yearly Returns
Section
1. Return due for retirement in next 24-30 months.
AD.III
2. Acceptance of commercial employment within 2 years of retirement (Group ‘B’ Officers). 3. Physically handicapped persons in Group ‘A’, ‘B’ ‘C’ and ‘D’ posts to be sent to DP & Trg.
AD.III
Pers-III
4. Return regarding engagement of consultant
IWSU
5. Return regarding SC/ST.
IWSU
6. Report of OBC.
IWSU
7. Report regarding Minority Communities Report.
IWSU
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Annual Returns 1. Reward/honorarium to be CBI/Policy Dvn./HO/New Delhi.
Section sent
to
Pers-III
2. Appointment of Non-Indians in government service and Public Sector Undertakings to be sent to Department of Personnel & Training.
Pers-III
3. Physically handicapped persons in Group ‘A’, ‘B’, ‘C’ and ‘D’ posts to be sent to Department of Personnel & Training.
Pers-III
4. Information to be furnished in respect of Scheduled Caste and Scheduled Tribes in Appendix 8A, 8B, 8C and 9 to be sent to Department of Personnel & Training. 5. Utilisation of vacancies reserved and filled by Ex-Servicemen to be sent to Department of Personnel & Training.
Pers-III
6. Annual return/Half yearly report regarding total number of employees belonging to Minority Communities - Group wise.
IWSU
7. Annual return regarding recruitment of OBCs in government services.
IWSU
Pers-III
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49. INSPECTIONS
49.1
Meaning & Purpose of Inspection The word “Inspection” means “ the act of looking closely into, carefully or official examination”. The procedure to be followed in the organization helps in achieving the objects of the organization as economically as possible. A manual itself cannot achieve the objectives unless it is ensured that the provisions contained therein are understood properly and practised intelligently. Even this may not be helpful if periodical reviews are not conducted to replace the old procedure with new ones to suit the present day needs. One of the ways to ensure that the procedure laid down is being observed is to make a periodical inspection of the working of a section. The purpose of inspection is to see how far the prescribed procedure is being followed and to suggest improvement/modifications to cover the areas where the procedure is not being followed.
49.2
Objectives The objectives of inspection are : i) to find out the state of affairs existing in each unit; ii) to see whether the prescribed procedure and instructions are understood properly and followed intelligently; iii) to find out whether proper attention is being paid to quality of performance by officers and staff during discharge of their duties; and iv) to test the intrinsic soundness and utility of the procedures and to get reliable data for planning improvements.
49.3
Inspection Schedule (i) The branch SP will ensure that periodical inspections are carried out regularly and thoroughly. The following schedule will be observed in regard to the inspections of various sections of the SP’s office :-
Section I- Establishment Accommodation Once in a year. of the branch and jurisdiction Section II- Office Twice in a year with reasonable gap between Section III- Accounts. the Inspections. Where two Ss.P. are posted in
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Section IV- Malkhana, Summons & Warrants and Absconders. Section V- Crime. Section VI- Staff and Miscellaneous
Section VII- Programme of work.
two Ss.P. are posted in a branch the 1st inspection of these sections may be done by the SP-II in the 1st half of the Calendar Year, while SP-I will carry out inspection in the 2nd half of the year. Once in a year.
ii) A co-ordinated programme of inspections should be drawn up in advance by the DIG/JD incharge of the Zone. It should be ensured that the programmes so drawn up are strictly adhered to by all concerned. 49.4
Inspection Reports The inspecting officers are required to submit their reports to their immediate superiors for their information and for devising the suitable remedies to prevent recurrence of the shortcomings pointed out in the Inspection Report.
49.5
Check Points for inspection of CBI Branches These are illustrative and indicate only the mandatory minimum points which are required to be covered by the Inspecting Officers. The officers are required to make their inspection a very comprehensive exercise keeping in mind the purpose and objectives of inspection as suggested in the previous paragraphs.
49.6
Section I - Establishment /Accommodation of the branch & jurisdiction
49.6.1
Buildings and Accommodation - Whether the office is located in a Government building or a private one? Is the accommodation sufficient for office purposes? What is the rent? Whether it appears to be reasonable? If accommodation is inadequate what alternative arrangements are possible? Condition of the building and repairs. Check payment of proportionate rent, water and electricity charges by staff living in the office premises.
49.6.2
Is any residential accommodation provided at government expense? If so, to whom? Any further action necessary and possible in this connection?
49.7
Section - II - Office
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49.7.1
Attendance Register - Whether Properly kept up when checked by SP or Dy.SP daily & corrective action taken.
49.7.2
Receipt/Diary - Whether this has been maintained up-to-date and all the columns have been filled up promptly and whether a receipt is taken from the clerk concerned to whom the papers were made over.
49.7.3
Dealing Clerk’s Diary - It should be checked to see whether all columns are filled up and whether there has been any delay in dealing with any receipt. In a few cases, the dates of receipt and the dates of disposal shown in the dealing clerk’s diary should be checked up with the Receipt Register and the files to make sure that wrong dates are not mentioned.
49.7.4
Reminders - System of dealing with reminders should be checked. To see whether prompt action is being taken. Files - Some miscellaneous files should be checked to see -
49.7.5 (a) (b) (c) (d)
Whether Whether Whether Whether
they are properly arranged and page numbers given. there is any delay in disposal. the preparation of cases and drafting is satisfactory. they are properly kept to facilitate tracing them.
49.7.6
Register of Files - Whether the files have been correctly noted in this Register and proper serial numbers given to them. Whether period of retention is noted when the file is closed. Whether the headings and the subjects of files are satisfactory or whether any improvement is necessary in this.
49.7.7
Files of Circulars/Orders Whether they are complete and chronologically maintained. Whether index is maintained up-todate.
49.7.8
Records - Whether closed files and records are properly kept. Whether notes about weeding are recorded and whether weeding has been done regularly.
49.7.9
Despatch Register Whether it has been checked and signed daily by the Head Clerk. Totals of a few days should be test checked to see that the expenditure of stamps shown is correct. A few items should be verified at random to see that the subject and file numbers are correctly mentioned.
49.7.10 Order Book Who maintains it ? Whether it is written up promptly and signed daily by the SP?. Whether necessary action
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on that basis has been taken by the office and others concerned promptly? Whether relevant corresponding entries have been made in the Service Books? A few specific items might be checked at random. 49.7.11
Leave Register - Whether properly and correctly maintained.
49.7.12 Gradation Lists - Whether properly kept and up-to-date. Whether increments given timely. 49.7.13 Character Rolls and Service Books - Some Rolls should be randomly checked to see whether they are up-to-date and properly kept up. Some entries in Service Book relating to leave should be checked up with the Order Book to make sure that there are no omissions. It should be seen whether annual verification has been done. 49.7.14 Warning Register, Punishment Files - It should be seen if orders passed are suitable and adequate and proper procedure is adopted. 49.7.15 Library Register - It should be checked for correctness by randomly comparing some entries with the books. The issues and returns should also be checked. 49.7.16 Forms and Stationery -Stocks and some items of issue, both about their numbers and about the necessity and requirements are to be checked. It should be seen whether indenting has been made adequately to avoid local purchases. Whether registers maintained properly and checked by SP periodically. Care of typewriters. 49.7.17 Distribution of Work - Whether update. Whether all the distribution is done on sound and equitable basis and with the approval of SP. 49.8 49.8.1
Section III - Accounts Cash Book - Whether it has been maintained up-to-date and written regularly. Whether entries for everyday are checked and scrutinised and signed by the DDO. Whether all money received for credit has been entered promptly in the Cash Book and whether every payment entry is signed by the SP/DDO in token of having seen actual payee’s receipt. Whether there has been delay in payment or in obtaining payee’s receipts. Whether at the end of every month statements are prepared showing :(a)
details of cash in hand,
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(b) items pending for actual payee’s receipts. (c) Whether in cases of inordinate delays in obtaining payee’s receipts or in disbursements, necessary action has been taken by the SP. Whether the necessary verification or reconciliation has been done with the bank records every month. Whether SP has recorded a certificate on the first working day of every month and whenever the balance exceeded Rs.1,000 that he had checked the amount in hand and found it correct. 49.8.2
Register of Pay Bills - Whether this has been properly maintained and whether the fact that it is a Regular Pay Bill or an Arrear Pay Bill has been clearly mentioned. Some actual pay bills should be seen and scrutinised. Checks should be made in some cases to ascertain whether notes about amounts claimed in Arrear Pay Bills have been recorded against the relevant item in the Original Pay Bills concerned.
49.8.3
T.A. Bills - Whether there has been delay in preparing the T.A. Bills or in drawing and disbursing the amounts? Whether T.A. has been properly controlled by the SP. T.A. Advance Register should be checked and seen, whether recoveries made fully and timely.
49.8.4
Railway Warrants It should be seen whether proper account is kept and if they are properly utilised.
49.8.5
Contingent Bill Register - Whether bills have been prepared as often as required? Some items of expenditure should also be checked with the Contingent Vouchers. Check propriety of expenditure under certain heads, e.g. petrol charges, telephone charges, electricity charges.
49.8.6
Payment Vouchers Some of them should be taken out at random and every transaction in it checked including actual payee’s receipts.
49.8.7
Motor Vehicle & Government Cycle - Check them and their maintenance and expenditure on repairs.
49.8.8
Rewards - Scrutinise the records and see if adequate rewards have been given.
49.8.9
S.S. Fund Accounts - Expenditure on a few items should be scrutinised. Note about this should be recorded separately and dealt with on a secret basis.
49.8.10
Cashier’s Security Bond Whether Whether Annual verification is done?
it
is
in
order.
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49.8.11
Audit Reports - Whether action taken on them and actions dealt with fully and promptly.
49.8.12
Budget - Whether the Head Office instructions on Budgetary control are being exercised meticulously..
49.9
Section IV - Malkhana, Summons, Warrants & Absconders
49.9.1 Malkhana - Whether the room in which Malkhana is situated, is safe and secure. If not, adequate steps are to be suggested. Whether valuable property is kept in safe custody. Malkhana Register should be checked particularly to see whether there is any delay in disposal of property after conclusion of the case. In a few items the property actually present in Malkhana should be checked with the list given in the register. Are Monthly Statements about property present in the Malkhana prepared? Are Monthly Inspections done by the PP and half - yearly by the SP? 49.9.2
Summons and Warrants - Whether the register is maintained properly and are Monthly Statements prepared and checked by the SP. Is there any omission or defect in service of summons or execution of warrants?
49.9.3
Absconded Offenders - The register should be checked to ascertain whether entries are up-to-date and complete. Whether rewards are announced and whether periodical efforts have been made to trace the absconders.
49.10
Section V - Crime
49.10.1 Crime Registers - Check all Crime Registers and statements to see if they are properly maintained, particularly check the crime Digest and the quality of the notes made therein by the SP or the Dy.SP maintaining it. 49.10.2 Complaints Register - Check whether each complaint has been scrutinised and dealt with according to its nature and in proper time. 49.10.3 Preliminary Enquiries - Check their disposal, both in point of speed and quality. 49.10.4 Regular Cases - Check their disposal, both in point of speed and quality of investigations. 49.10.5 Delays in Enquiries and Investigation - Examine cases in which more than three or six months were taken respectively for finalising PEs and RCs and comments on reasons for delay.
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49.10.6 Diaries and Progress Reports - Check a few to see their quality and to check if they were prepared and submitted in proper time. 49.10.7 Final Reports - Check some to see if they are properly drafted. Point out general and persistent defects, if any. In how many cases were further enquiries ordered by Head Office or the recommendations of the branch were not accepted. Comment on supervision by the SP. 49.10.8 Results of Enquiries and Investigation - Consider number of cases taken up for enquiry and investigation and the number of successful cases. Comment on quality of investigation work and on supervision by SP. 49.10.9 Court Trials - Check all cases pending trial in courts over a year. Consider possible steps to get them expedited. 49.10.10 Prosecution and Results in Court - Comment on successes and failures in courts. Scrutinise Acquittal Register and results of appeals or revisions against acquittals. Reasons for failure should be particularly examined whether in original or Appellate Courts. Comment on quality of prosecution work. 49.10.11 Departmental Action & Results - Check and comment on cases sent up for departmental action and their results. Comment particularly on failures in departmental action. 49.10.12 Collection of information about corruption - Check number of trap cases and other cases started on information gathered by the branch itself. Discuss adequacy of arrangements made for collection of information and take steps, wherever necessary, for improvement. Discuss with SP quality of investigation and prosecution work and make necessary suggestions for improvement. 49.11
ection VI - Staff & Miscellaneous
49.11.1 Staff - Consider vacancies and interview Investigating Officers and other staff to check the quality of their work and their suitability for continued retention in the Special Police Establishment or in that Branch. 49.11.2 RSOs - Interview them and check their work and suitability for further retention.
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49.11.3 Co-operation - Comment on liaison maintained by the SP with other Departments and the co-operation between them. Discipline - Comment on discipline of the staff.
49.11.4
49.11.5 Sports and Games exist?
See
whether
any
arrangements
49.11.6 Inspections Check dates of inspections by the SP, the Dy.SP and the P.P. Scrutinise notes of inspection to see their quality. Also see whether the instructions issued during the Inspections have been complied with. 49.11.7
Security - Check arrangements for security of office and official records and files. List of items to be checked by officers of the CBI Head Office while inspecting CBI Branches
49.12
i) ii) iii) iv) v) vi) vii) viii) ix) x)
xi) xii) xiii)
xiv)
Whether the expenditure has been kept within the sanctioned Budget grant. Whether the cash book is being maintained properly. Whether the Drawing and Disbursing Officer is exercising the check prescribed in the Financial Rules. Whether TA and other advances are being adjusted promptly in accordance with the rules and the subject. Whether recoveries are being made of Government dues from the officers in time. Whether the Service Books are being maintained properly. Whether Rules regarding grant of Over Time Allowance are being observed. Whether the procedure for disposal of old Newspapers is being observed. Whether due care is being exercised on Telephone expenditure and a register maintained for STD calls. Whether the amount of permanent imprest sanctioned to the office is being properly utilised, whether the amount needs revision or not. Whether annual stock verification of dead stock is being carried out. Whether GPF Ledger in respect of Class IV Government servants is being duly maintained. Whether payment of Children Education Allowance, reimbursement of educational expenditure and reimbursement of medical fees is being made in accordance with the rules etc. Whether a Pension register is being maintained properly.
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xv) xvi)
xvii)
xviii)
xix)
xx) xxi)
xxii)
xxiii)
xxiv)
Whether annual verification certificates are being recorded in the Service Books. Whether the Recruitment Rules in regard to the cases where the SP is appointing authority, are being followed in the matter of appointment of candidates from Employment Exchange. Whether a special register in respect of vacancies reserved for Scheduled Caste and Scheduled Tribe candidates is being maintained. Whether recording and weeding out of old files is being done properly and whether the files recorded are being preserved in accordance with the procedures prescribed in this regard. Whether Diary, Despatch, File Movement, Assistant Diary (including typists register showing daily work done) and Stamp Account Registers are maintained properly. Whether Weekly Arrears Statement is being put up to Branch Officer in time. Whether a chart/Register showing the periodicity of various/Monthly/ Quarterly/Half Yearly/Annual Returns is being maintained and dates of submission of returns to Head Office shown therein. Whether proper account is being maintained of cheques issued by the branches and whether the cheques are issued in the proper form, that is to say, in the form intended for issue to gazetted officers, to non-gazetted officers or for miscellaneous payments. Whether vouchers in respect of payments made by the office by drawing cash from the bank are being sent to the Pay and Accounts Officer regularly and whether action is being taken to have the accounts reconciled Whether references to the Pay and Accounts Officer/CBI, Head Office are being made regularly and in time for issue of letters of credit and whether references are also being made to this Pay Office separately for letters of credit for items of expenditure of special nature not covered by the letters of credit already issued.
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50. AUDIT 50.1
Role of Audit The audit is an essential part of financial system. Its main purpose is to see (i) whether the accounts are complete in all respects (ii) whether expenditure is as per the laid down financial rules and duly authorised.
50.2
Internal Audit Internal checks on accounts of Civil Departments is vested in the Financial Adviser under Departmentalized Accounting System. Internal Audit of CBI Head Office and all budget dealing branches located at Delhi and outside Delhi is conducted by the Internal Audit Party deputed by the Internal Audit Wing of Principal Accounts Office of Ministry of Personnel, Public Grievances and Pension, New Delhi.
50.3
Statutory Audit Statutory Audit is conducted by the Audit Team of Directorate General of Audit, Central Revenue, New Delhi and local Accountant General of State. Audit of the books of accounts of CBI Head Office and branches located at Delhi is conducted by the Audit Team deputed by the Office of Directorate General of Audit, Central Revenue, New Delhi and in respect of CBI branches located outside Delhi by the Audit Team of concerned State Accountant General.
50.4
The audit party audits the accounts of the branches and inspects the general working of a Department. The following books /records among other things are generally audited:(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii)
Cash Book Receipt Book( in form GAR-6) Contingent Register Bill Register Pay Bill Registers Service Postage Stamps Register Register of recoveries Register of valuables Despatch Register Challan Register/Challans Register of Stationery Telephone Bill Register
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(xiii)
Stock Registers : a) Consumable articles & b) Non-consumable articles (Dead-stock) (xiv) Log Books (All Vehicles) (xv) GP Fund Register of Group ‘D’ employees. (xvi) Paid Vouchers. (xvii) TA/LTC claims (xviii) Income Tax calculation (xix) Pay Fixation statements (xx) All Purchase files (xxi) Railway Warrants (xxii) Budget
50.5
A subordinate authority shall not with hold any information, books or other documents required by Audit (GFR-II).
50.6
On receipt of a copy of the audit/Inspection Report, the Ss.P. of the Branches are required to remove the defects and implement the suggestions made in these reports and send compliance to the Audit Party under intimation to Head Office. The Head Office keeps a watch that the objections raised by the Audit are settled fully and finally.
50.7
To monitor the settlement of audit objections, a register may be maintained. Progress made for settlement of these objections may be reviewed periodically.
50.8
Periodicity of Audit Inspections : Each Office should be inspected at least once a year. Accounts of Head Office and branches are subjected to test audits periodically by representatives of Controller of Accounts/Principal Accounts Office.
50.9
Wherever such test audit has not been undertaken within a period of preceding two years in any unit, an inspection of the accounts of that unit should be undertaken by a team from CBI, Head Office. Heads of CBI Offices should keep the Head Office informed about any case when there was no test audit within preceding two years.
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51.
IMPLEMENTATION OF INSTRUCTIONS ON OFFICIAL LANGUAGE
51.1
Language of the Union The Official Language of the Union is Hindi in Devanagari script. The form of numerals used for the official purposes of the Union is the international form of Indian numerals.
51.2
The important instructions regarding Official Language Policy as per the Official Languages Act, 1963 and the Official Languages (Use for official purposes of the Union) Rules, 1976 (As amended in 1987) made thereunder are as follows:(i)
Region :"Region A" means the States of Bihar, Chhattisgarh, Jharkhand, Haryana, Himachal Pradesh, Madhya Pradesh, Rajasthan, Uttaranchal and Uttar Pradesh and the Union Territory of Delhi and Andaman and Nicobar Islands . "Region B" means the States of Gujarat, Maharashtra and Punjab and the Union Territory of Chandigarh. "Region C" means the States and the Union Territories other than those referred to in Region A and B.
(ii)
(ii) Proficiency in Hindi - An employee shall be deemed to possess proficiency in Hindi if :(a) he has passed the Matriculation or any equivalent or higher examination with Hindi as the medium of examination; or (b) he has taken Hindi as an elective subject in the degree examination or any other examination equivalent to or higher than the degree examination; or (c) he declares himself to possess proficiency in Hindi.
(iii)
Working knowledge of Hindi - An employee shall be deemed to have acquired a working knowledge of Hindi if :-
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(a)
(b)
(c)
he has passed the Matriculation or an equivalent or higher examination with Hindi as one of the subjects; or he has passed the Pragya examination conducted under the Hindi Teaching Scheme of the Central Government or when so specified by that Government in respect of any particular category of posts, any lower examination under that Scheme; or he has passed any other examination specified in that behalf by the Central Government; or (d) he declares himself to have acquired such knowledge .
(iv)
Originating Correspondence to the Central Government Offices, States or Union Territories and individuals in Region 'A' and 'B' shall be in Hindi.
(v)
Noting on files be made more and more in Hindi.
(vi)
All communications received in Hindi irrespective of their source shall be replied to in Hindi.
(vii)
All applications, appeals or representations made or signed in Hindi shall essentially be replied in Hindi.
(viii)
All papers, documents, general orders, resolutions, rules, notifications, agreements, administrative and other reports or press communiques etc. falling under section 3(3) of the Official Language Act, 1963 shall essentially be issued simultaneously in bilingual form ( Hindi & English).
(ix)
Addresses on the envelopes of letters meant for despatch to Region 'A' & 'B' shall be written only in Devnagari script.
(x)
Rubber boards, shall be Hindi &
(xi)
Entries in Service Books/Registers maintained in offices located in Region A' & 'B' shall be made in Hindi only.
stamps, Name plates, Notice Boards, Sign letter-heads, forms headings of Registers etc. got prepared only in bilingual form, i.e. both in English.
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51.3
(xii)
All advertisements/tenders etc. shall be issued in Hindi & English simultaneously for publication in the Newspapers of the respective languages.
(xiii)
In all in-service Departmental and Promotional Examinations, option shall be provided to answer question papers through Hindi medium also except compulsory question papers of English. Such question papers shall be made available both in English and Hindi. The candidates shall be informed clearly about the availability of Hindi medium for written examination and interview well in advance.
(xiv)
The names of the Central Government offices, the staff whereof have acquired a working knowledge of Hindi, shall be notified in the Official Gazette.
(xv)
All manuals, codes and other procedural literature relating to the Central Government offices shall be printed or cyclostyled, as the case may be, and published both in Hindi and English in diglot form.
Overall Responsibility It shall be the responsibility of the administrative head of each Central Government office to ensure that the provisions of the Act and rules made thereunder and the directions issued are properly complied with. Further, it is the responsibility of the officer signing the letter, circular or document to ensure that the letters, circulars etc. which are required to be issued in Hindi or in bilingual, i.e. in Hindi & English are both prepared simultaneously and then issued accordingly.
51.4
Incentive Schemes There are several incentive schemes for doing official work in Hindi such as scheme for doing original noting/drafting in Hindi, scheme for doing orginal official work in Hindi in specialized spheres, scheme of giving dictation in Hindi, scheme for writing original books in Hindi etc.
51.5
Annual Programme Department of Official Language issues an Annual Programme for progressive use of Hindi which can be downloaded from their website [dol.nic.in].
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APPENDIX-I POSTS SANCTIONED IN CBI AND THEIR PAY SCALE
Designation of Post
Sanctioned Strength
Revised scales of Pay (According to 5th Central Pay Commission)
GROUP A Director
1
Rs.26000/-(fixed)
Special Director
1
Additional. Director
2
Rs.24050-650-26000/- (Above Super time Scale) Rs.22400-525-24500/(Above Supertime Scale) Rs.18400-500-22400/(Supertime Scale) Rs.16400-450-20000/(Super time Scale) Rs.14300-400-18300/For IPS Officers Rs.10000-325-15200 (Time Scale) Rs.12000-375-16500/-(Junior Administrative Scale) Rs.14300-400-18300/(Selection Grade) For Non -IPS officers Rs.12000-375-16500/Rs.10000-325-15200/-
Joint Director
16
Deputy Inspector General of Police Senior Supdt. of Police Superintendent of Police
39
Addl. Superintendent of Police Deputy Superintendent of Police Dy. Adviser (Equivalent to the rank of DSP) Admn. Officer ALA DLA Senior Public Prosecutor Public Prosecutor Sr. Adviser (Equivalent to DIG) Adviser (Equivalent to SP) Technical Adviser
75
Technical Officer (A&IT)
10 89
240
Rs.8000-275-13500/-
10
Rs.8000-275-13500/-
2 6 20 67 96 4
Rs.10000-325-15200/Rs.14300-400-18300/Rs.12000-375-16500/Rs.10000-325-15200/Rs.8000-275-13500/Rs.16400-450-20000/-
4 1
Rs.14300-400-18300/Rs.10000-325-15200/-
3
Rs.10000-325-15200/-
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Technical Officer (Banking) DPIO Executive Engineer OSD (Computer) Principal System Analyst Sr. System Analyst. Programmer Lecturers (Training Academy) TOTAL
1
Rs.10000-325-15200/-
1 1 1 1 3 10 2
Rs.14300-400-18300/Rs.10000-325-15200/Rs.10000-325-15200/Rs.12000-375-16500/Rs.10650-325-15850/Rs.8000-275-13500/Rs.8000-275-13500/-
706
GROUP B Junior Analyst
1
Rs.6500-200-10500/-
Office Supdt.
35
Rs.6500-200-10500/-
APPs
41
Rs.6500-200-10500/-
JTO (A&IT)
4
Rs.6500-200-10500/-
Hindi Officer
2
Rs.7500-250-12000/-
Librarian
1
Rs.6500-200-10500/-
Steno Gr.A/Sr.PS
3
Rs.7500-250-12000/-
Steno Gr.B/PS
16
Rs.6500-200-10500/-
Asst. Programmer
40
Rs.6500-200-10500/-
Total
143 GROUP C
Inspr. of Police Junior Adviser Sub Insprs. ASI Head Constable Constable Steno Gr.I/PA Steno Gr.D/ Sr. Clerk Steno Jr. Accounts Officer Crime Assistants Head Clerks UDCs LDCs Sr.Hindi Translator Jr. Hindi Translator Asst. Librarian Junior Engineers Income Tax Inspectors C&CE Insprs.
755 16 381 199 459 1,808 64 371
Rs.6500-200-10500/Rs.6500-200-10500/Rs.5500-175-9000/Rs.4000-100-6000/Rs.3200-85-4900/Rs.3050-75-3950-80-4590/Rs.5500-175-9000/Rs.4000-100-6000/-
1 57 76 188 469 1 20 1 5 2 4
Rs.5500-175-9000/Rs.5500-175-9000/Rs.5000-150-8000/Rs.4000-100-6000/Rs.3050-75-3950-80-4590/Rs.6500-200-10500/Rs.5500-175-9000/Rs.5000-150-8000/Rs.5500-175-9000/Rs.6500-200-10500/Rs.6500-200-10500/-
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DPA Gr.B DPA Gr.A Care Taker DEO Gr. A Sr.Gest. Operator TOTAL
1 1 1 12 1
Rs.6500-200-10500/Rs.5500-175-9000/Rs.5500-175-9000/Rs.4000-100-6000/Rs.3050-75-4590/-
4,893 GROUP D
Dresser Jr. Gest. Operator Daftry Peon Safaiwala Farash Bearer Cook Total GRAND TOTAL
1 7 48 28 53 1 4 2 144 5,886
Rs.2750-70-3800-75-4400/Rs.2610-60-2910-65-3300-704000/Rs.2610-60-2910-65-3300-704000/Rs.2550-55-2660-60-3200/Rs.2550-55-2660-60-3200/Rs.2550-55-2660-60-3200/Rs.2550-55-2660-60-3200/Rs.2550-55-2660-60-3200/-
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APPENDIX-II WORK ALLOCATION IN ADMINISTRATION DIVISION Consequent upon restructuring of CBI branches / regions vide Policy Division/CBI/HO Order dated 30.05.2003 under each Joint Director, the work of Administration Division CBI, Head Office is redistributed as under: (A)
DIG(Pers.)
The DIG(Pers) is responsible for the personnel management in CBI through the SP(Pers) and AO(Pers) whose allocation of duties and responsibilities are given below : (I)
Supdt of Police (Pers.)
1.
Internal Work Study Unit i. Rationalisation of Organisation structure. ii. Work measurement studies of CBI, HO and Branches etc. iii. Inspection notes - compilation/supply of information asked for by Cabinet Sectt./DP&T/MHA and Parliament Questions. iv. Creation of new posts and setting up of new Branches / Units etc. v. Proposal for creation / upgradation of posts. vi. Revision of pay scales and allowances. vii. All monthly, quarterly and annual returns relating to :a. Representation of Minority Communities in Government Service. b. Special Recruitment Drive for SC/ST. c. Recruitment of OBCs in Government Service. d. Employment of members of families of Government Servants in foreign mission. e. Representation for Physically handicapped persons in Group ‘C’ and ‘D’ posts. f. Filling up of backlog of posts reserved for SC/ST. g. Appointment of SCs/STs/OBCs. viii. Continuation of temporary posts. ix. Related Court matters/RDAs.
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To liaise with all officers/Sections of Administration Division and to furnish information to Senior Officers as and when called for. xi. Monthly Performance Report. xii. Maintenance of old files and records as per instructions of the Government in the Central Record Room. xiii. Co-ordination with Ministries / Sections of Administration Division, CBI, Head Office regarding Establishment matters. x.
2.
Pers-II Section
Recruitment, appointment, deputation, posting, transfer, promotion, absorption, pay fixation in respect of Inspector, Sub-Inspectors, Jr. Advisors, Jr. Engineers, Hindi Translators. ii. Recruitment, appointment, deputation, posting, transfer, promotion, absorption, pay fixation of Sr.PS and PS, all NGO Ministerial and Group ‘D’ ranks. iii. All disciplinary matters in respect of Inspectors and Sub-Inspectors in executive ranks, Jr.Advisors & Jr. Engineers, Sr.PS and PS all NGO Ministerial and Group ‘D’ ranks. iv. Preparation of Seniority list of all cadres dealt with in the Section. v. Court/CAT matters in respect of all cadres dealt with in the Section.
i.
3. i.
ii. iii. iv. v. vi. vii.
Pers- III Section Recruitment, appointment, deputation, posting, transfer, promotion, absorption, pay fixation in respect of ASI, Head Constables and Constables. All disciplinary matters in respect of ASI, Head Constables and Constables. Pension cases of all categories of staff / Officers of CBI, HO and follow up of pension cases of Branches with P & AO, CBI. All matters relating to CGHS / Family Planning Scheme. Rewards / Honorarium. Preparation of Seniority list of all Cadres dealt with in the Section. Court/CAT matters in respect of all cadres dealt with in the Section.
(II)
Admn. Officers (Pers.)
1.
Pers-I Section
i.
Appointment, deputation, posting, transfer, promotion, training, absorption, pay fixation and disciplinary matters in respect of all Executive Officers of the rank of Dy.SP and above, Prosecution ranks,
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Information Officers, Executive Engineer, OSD(Computer), Technical Advisor, Technical Officers, JTOs, Principal System Analyst, Sr.System Analysts, Programmers, Asstt. Programmers, Officer Supdts & Hindi Officer. ii. Induction / posting / transfer of Railway Sectional Officers. iii. Preparation of Seniority list of all cadres dealt with in the Section. iv. Court / CAT matters in respect of all cadres dealt with in the Section.
2. i. ii. iii. iv. v.
3. i. ii. iii. iv. v. vi. (B)
DPC & ACR Section DPC meetings of CBI Officers. Submission of proposals to UPSC. Holding of Departmental Competitive Examinations. Recruitment Rules - matters relating to review. Custody / maintenance of ACR folders and follow-up action on appeals against adverse remarks in respect of all NGO ranks in Ministerial, Executive and Technical cadre of CBI and Departmental Canteen staff. Hindi Section Translation from English to Hindi and vice-versa. Implementation of official language programmes. Imparting training in Hindi. Inspection of Branches of CBI regarding progressive use of Hindi. Organisation of Hindi Workshop. Organisation of OLIC meeting. DIG(Admn.)
The Dy.I.G.(Admn) is responsible for the overall Budget & logistics of the organisation through the AO(A) and SP(Hqrs) whose allocation of duties and responsibilites are given below :(I)
Supdt of Police (Hqrs.)
1.
Admn.-1
i.
Office accommodation - Acquisition, possession, maintenance, hiring and construction etc. Residential accommodation - Acquisition, possession, maintenance, hiring and construction etc.
ii.
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iii. iv. v. vi. vii. viii. ix. x.
Supervision, caretaking etc., of HO building viz., sanitation, hygiene, beautification and other civic amenities. Telephones - all matters. Preparation of plan and its implementation. Identity Cards - MHA, CBI, Defence, BOCAS etc. CBI Canteen matters. Condemnation, purchase and distribution of all CBI vehicles. Benevolent fund and welfare matters. Uniforms and liveries to Group ‘D’ staff - purchase and supply in respect of HO staff.
2.
Control Room
3.
Motor Transport Cell
i. Maintenance and upkeep of Government vehicles available on the srength of CBI, HO and also their records. To provide Government vehicles to all senior officers of CBI, HO at the time of their requirements. Also to arrange transport facilities for officers attending various Conference / Meetings organised by CBI. 4. i. ii.
R & I Cell Centralised receipts and despatch section for the entire CBI Branches. Despatch section for the entire Admn Division.
5.
Deptt. Canteen
6.
Duty Officer, Pragati Vihar Hostel and Vasant Vihar Hostel.
7.
EPBAX, CBI, HO.
(II)
Admn. Officer(A)
1.
Admn.II
i. ii. iii. iv. v. vi.
Drawing and Disbursing Unit for CBI Hqrs., and all related functions. Annual and Plan Budget matters for the Department as a whole. Audit paras and their settlements. Payments of bills in respect of Air Vouchers, Railway Warrants. Delegation of Adminisrative and Financial powers. Declaration of DDOs, Head of Office, Controlling Officers in respect of CBI Branches. Appropriation and Re-appropriation of funds.
vii.
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viii. ix. x.
Maintenance of GPF Account of Group ‘D’ employees of CBI, All work relating to issue of Air Vouchers for air journeys performed by CBI Matters relating to Foreign visits of CBI officers for investigation and to attend Training, Seminar & Conferences etc.
2.
Admn.III
i.
Stationary and furniture / indenting / purchase and supply including printing /supply of establishment and crime forms. Purchase, supply and maintenance of all types of manual / electronic machines FAX, Computers, Printers etc. Purchase and condemnation of stores purchase under HO sanction. Publishing and printing. Matters relating to all advances (GPF, HBA, Motor Car Advance, Cycle Advance, Festival Advance, Computer Advance etc.) Medical Reimbursement. Matters relating to all claims (Conveyance allowance under SR-25, Children Education Allowance, Tuition Fee claims etc.)
ii. iii. iv. v. vi. vii.
3.
Library Maintenance of all Books, Newspapers, Magazines.
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APPENDIX-III RECRUITMENT RULES
1.
Introduction
Rules are framed by the President of India in exercise of the powers conferred by the provision of Article 309 of the Constitution to regulate the method of recruitment/appointment to different posts in CBI. Various methods of recruitment are direct recruitment, deputation, promotion by seniority or through Limited Departmental Competitive Examination. Recruitment Rules for most of the posts of CBI have been framed and notified. The rest of the Rules are under the process of revision or pending notification. No relaxation in the provisions of the rules are possible except with the prior approval of the Cabinet Secretariat which is the rule making authority. 2.
Modes of Recruitment
2.1
Executive Ranks :
(i) The Director, Special Directors and Addl. Director are recruited exclusively by deputation of the officers of Indian Police Services, who have been approved for appointment as Director General of Police/and Additional Director General of Police under the Government of India respectively. Recommendations for appointments are made by a CBI Selection Board headed by Central Vigilance Commissioner and Home Secretary, Secretary (Co-ordn & PG), Cabinet Secretariat as Members. The views of the incumbent Director are considered by the Board for making the best choice. Final selection to these posts of CBI is made by the Appointment Committee of the Cabinet from the panel recommended by the aforesaid CBI Selection Board. The Director, CBI shall have a minimum tenure of 2 years regardless of the date of his superannuation. (ii) Eighty percent posts of the Joint Directors are filled up by deputation from the officers of Indian Police Service who have been approved for appointment as Inspector General of Police under the Government of India. The rest twenty percent posts of Joint Directors are filled up by the departmental cadre officers who have completed 5 years regular service as DIG. (iii) Seventy five percent posts of DIG are filled up on deputation of the officers of Indian Police Service empaneled for holding DIsG level post at the
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Centre or officers of Indian Revenue Service (Income Tax Service, Indian Custom and Central Excise), holding analogous posts on regular basis. The rest twenty five percent posts of DIsG are filled up from the departmental cadre officers who have completed 4 years regular service as Sr.Ss.P., failing which Sr.Ss.P. with combined regular service of 8 years in the grade of Sr.S.P. and SP. (iii) The posts of Sr.Ss.P. are filled up from the departmental cadre SsP with 4 years of regular service in the grade. (iv) Sixty percent posts of SsP are filled on deputation of the officers of Indian Police Service/All India Services/IAAS/IRS/IC&CE and Central Police Organizations holding analogous post on regular basis. Ten percent of the deputation posts are exclusively meant for officers belonging to services other than IPS such as AIS, IA&AS/IRS(IT), IC&CES and CPOs (the penal of the deputation posts, out of the deputation quota are to be filled up from the officers other than Indian Police Services). The rest forty percent posts of SsP are filled up from amongst the departmental cadre officers who have completed 6 years regular service in the rank of ASP failing which of the rank of ASP with combined regular service of 12 years in the grades of ASP & DSP. (v) Eighty percent posts of ASP are departmental DSsP having 6 year regular twenty percent posts are filled up on Absorption will not exceed ten percent of the
filled by promotion of the service in the grade, the rest deputation/absorption basis. deputation posts.
(vi) Forty percent posts of Dy.S.P. are filled up by promotion of the departmental Inspectors, who have 8 years regular service in the grade. Fifty percent posts are filled on deputation/absorption basis of the officers of Centre/State Police Organisations holding analogous posts subjected to the condition that absorption will not exceed fifteen percent of the deputation posts. The rest ten percent posts are filled by Direct Recruitment. (vii) Fifty percent posts of Inspectors are filled up by promotion of the SubInspectors in the CBI with 5 years’ regular service in the grade. Remaining fifty percent posts are filled up on deputation/transfer basis of the officers of Centre/State Police Organisations holding analogous posts. (viii) Fifty percent posts of Sub-Inspectors are filled by direct recruitment through Staff Selection Commission. Twenty five percent posts are filled up by the departmental ASIs with five years’ regular service in the grade by promotion on seniority-cum-fitness basis. The remaining twenty five percent posts are filled up through Limited Departmental Competitive Examination.
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(ix) Fifty percent posts of ASIs are filled up by promotion of departmental Head Constables of CBI with a minimum of 5 years’ regular service in that grade. Twenty five percent posts are filled up through Limited Departmental Competitive Examination and remaining twenty five percent by deputation/absorption. (x) Forty percent posts of Head Constables are filled up by promotion by seniority-cum-fitness basis of the Constables with at least 5 years’ regular service the grade in CBI. Forty percent posts are filled up through Limited Departmental Competitive Examination. Remaining twenty percent are filled up by deputation/absorption. (xi) Forty percent posts of Constables are filled up by direct recruitment. Remaining sixty percent posts are filled up by deputation/absorption. 2.2
Law Officers
(i) The posts of Additional Legal Advisor/Deputy Legal Advisor are filled up either by promotion from amongst Dy. Legal Advisors/Sr. Public Prosecutors of CBI with 5 years regular service in the grade or by deputation from amongst the officers of Central/State Governments holding analogous post. Failing both of the above methods, ALA/DLA can also be appointed by direct recruitment through UPSC. (ii) Fifty percent posts of Sr. Public Prosecutors are filled up by promotion from amongst the Public Prosecutors of CBI with five years’ regular service in the grade, failing which the posts are filled by deputation. Twenty five percent posts are filled up by direct recruitment through UPSC and remaining twenty five percent posts by deputation or absorption from amongst the officers of Cenral/State Governments holding analogous post. (iii) Fifty five percent posts of Public Prosecutors are filled up by direct recruitment through UPSC. Twenty percent posts are filled up by promotion from amongst the Assistant Public Prosecutors of CBI with five years’ regular service in the grade, failing which the posts are filled by deputation. The remaining twenty five percent posts by deputation or absorption from amongst the officers of Central/State Governments holding analogous post. (iv) The post of Assistant Public Prosecutor is filled up by direct recruitment through UPSC. 2.3
Ministerial Cadre
(i) The post of Office Superintendent in CBI is filled up either by promotion of the officers of CBI with a cumulative service of 8 years in the posts of Crime Assistant and Head Clerk-cum-Accountant in the
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organisation (of which at least 3 years of service should be in the post of Crime Assistant) or on deputation of the officers holding analogous posts in Centre/State Police Organisations. (ii) The posts of Sr. Private Secretary/Private Secretary in CBI are filled up either by promotion from amongst the officers in the rank of Private Secretary/Personal Assistant of CBI with a total period of 2/7 years of service respectively in the organization on deputation of the officers holding analogous posts in Centre/State Police Organizations. (iii) The post of Personal Assistant in CBI is filled up either by promotion from amongst the officers in the rank of Sr. Clerk Steno of CBI with a total period of 3 years of service in the organization or on deputation of the officers holding analogous posts in Centre/State Police Organizations. (iv) Seventy five percent posts of Sr. Clerk Steno are filled up directly through Staff Selection Commission and the remaining twenty five percent posts are filled up by deputation failing which by direct recruitment. (v) The posts of Crime Assistant in CBI are filled up by promotion of the officers in the rank of Head Clerk-cum-Accountants in the CBI who have put in 3 years regular service in the grade. (vi) Sixty percent posts of Head Clerk in CBI are filled up by promotion through Limited Departmental Competitive Examination of the officials in the rank of UDCs in the CBI who have put in 3 years regular service in the grade. Remaining forty percent posts are filled up by promotion on the basis of seniority-cum-fitness. (vii) Seventy five percent posts of UDC are filled up by promotion by seniority-cum-fitness, failing which by deputation and the rest twenty five percent posts are filled up by promotion through Limited Departmental Competitive Examination from amongst the officials who have put in 5 years of regular service in the rank of LDC. (viii) Ninety percent of the posts of LDC are filled up through by direct recruitment. Out of these, ten percent of the vacancies, are to be filled through Limited Departmental Competitive Examination of the matriculate Class-IV employees of CBI. The remaining ten percent posts are filled by deputation, failing which by direct recruitment. 2.4
Group ‘ D’ Posts
(i) The post of Daftry in CBI is filled up by promotion of the Peons with three years minimum service rendered on regular basis after their
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appointment or by deputation form persons holding analogous posts in Central Government Officers. (ii) Seventy five percent posts of Peon are filled up directly and twenty five percent posts are filled up by deputation failing which by direct recruitment of other Group ‘D’ employees who have put in 5 years regular service and posses at least elementary literacy. (iii) The recruitment in the grade of Safaiwalas in the CBI is made by direct recruitment. (iv) The post of Sr. Gestetner Operator in CBI is filled up by promotion from amongst Jr. Gestetner Operators with 3 years service in the grade and having proficiency in handling of Gestetner Machines. (v) The post of Jr. Gestetner Operator is filled up by promotion from amongst Daftaries of CBI who have put in minimum 3 years service as Daftry and who possess proficiency in handling of Gestetner Machines. 2.5
Support Staff
(i) The post of Lecturer is filled up by deputation from the officers of the Central/State Government. (ii) The post of Principal System Analyst is filled up either by promotion from amongst the Senior System Analysts of CBI with five years’ regular service in the grade or by deputation from amongst the officers of Central/State Government or Universities or recognised Research Institutes of Public Sector Undertaking or Semi-Government, Statutory or Autonomous Organisations holding analogous posts on regular basis, failing which by direct recruitment through UPSC. (iii) The post of Sr. System Analyst is filled up either by promotion from amongst the Programmers of CBI with five years’ regular service in the grade or by deputation from amongst the officers of Central/State Government or Universities or recognised Research Institutes or Public Sector Undertakings or Semi-Government, Statutory or Autonomous Organisations holding analogous posts on regular basis, failing by promotion/deputation, the post is filled up directly through UPSC. (iv) The post of Programmer is filled up either by promotion from amongst the Assistant Programmers of CBI with five years’ regular service in the grade or by deputation from amongst the officers of Central/State Government or Universities or recognised Research Institutes or Public Sector Undertakings or Semi-Government, Statutory or Autonomous
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Organisations holding analogous posts on regular basis. Failing by promotion/deputation, the post is filled up directly through UPSC. (v)
The post of Assistant Programmer is filled up by direct recruitment.
(vi) The posts of Assistant Library & Information Officer/Senior Library & Information Assistant are filled up either by promotion from departmental officers with three years’ regular service or by deputation from amongst the officers of Central Government holding analogous post. (vii) The post of Information Officer is filled up by deputation from amongst the officers of Central Government holding analogous post, failing which by direct recruitment through UPSC. (viii) The post of Care-Taker in CBI is filled up on deputation from Central Government Offices. (ix) The post of Dresser in CBI is filled up on deputation from Central Government Offices.
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APPENDIX-IV APPOINTMENT THROUGH STAFF SELECTION COMMISSION
1.
2.
The Government of India, in the Department of Personnel and Administrative Reforms vide its Resolution No. 46/1(S)/74-Estt.(B) dated the 4th November, 1975 constituted a Commission called as Subordinate Services Commission which was subsequently redesignated as Staff Selection Commission effective from the 26th September, 1977 to make recruitment to various Class III (now Group ‘C’) (non-technical) posts in various Ministries/Departments of the Government of India and in subordinate Offices. The functions of the Staff Selection Commission have been enlarged from time to time and presently the Staff Selection Commission conducts recruitment to all Group ‘B’ posts in the pay scale the maximum of which is less than Rs. 10,500/-. Thus the Staff Selection Commission conducts examination and/or interviews, whenever required for recruitment to the posts within its purview. The examinations are conducted usually for :(a)
the posts of Lower Division Clerks in various Ministries/Departments, attached and subordinate offices.
(b)
the posts of Grade ‘C’ and Grade ‘D’ Stenographers of Central Secretariat Stenographers Service including attached and subordinate offices.
(c)
the posts of Assistant in various Ministries/Departments including attached and subordinate offices.
(d)
the posts of Inspectors of Central Excise, Inspectors of Income Tax, Preventive Officers and Examiners in different Custom Houses, Assistant Enforcement Officers in Directorate of Enforcement, Grade - II of Delhi Administration Subordinate Services.
(e)
the posts Sub-Inspectors in Delhi Police, Central Bureau of Investigation and Central Police Organizations.
Besides, the Commission conducts periodical typewriting test in English and Hindi.
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3.
On setting up of the Staff Selection Commission, it will not be possible to make recruitment to these posts without consulting the Staff Selection Commission and that also for filling up of vacancies of an ad-hoc nature only.
4.
In CBI, there are posts of SIs, Senior Clerk Stenos and LDCs and other Group B & C Posts (as mentioned in the Recruitment Rules), to which it is now necessary to make recruitment through the Staff Selection Commission. The exact number of vacancies in the grade of SIs, LDCs and Sr.Clerk Stenos are to be notified to Staff Selection Commission in advance, indicating the number of posts in each category reserved for Scheduled Caste and Scheduled Tribes. Recruitment examinations are held by the Staff Selection Commission and on the basis of results, they nominate candidates for the posts of SIs, in CBI (including SIs, Finger Print Bureau, Kolkatta) as well as Sr.Clerk Stenos, and LDCs.
5.
While notifying the vacancies to the Commission, the following points are required to be noted carefully :(a)
(b)
(c) (d)
(e) (f)
(g)
Requisitions and letters intimating the vacancies addressed to the Commission should be signed invariably by the authorized officer, namely, Head of Office. Only permanent vacancies and vacancies likely to continue indefinitely are to be taken into account. Short-term/leave vacancies which are to be filled purely on ad hoc basis should not be included. Exact location of the vacancies, i.e. places where the nominated candidates are to be posted, should be clearly specified. Particular care should be taken to ensure that reservation orders are correctly applied and break-up of vacancies reserved for SC/ST, OBC, PH and Ex-Servicemen is properly indicated in the requisition under the relevant column. It should be ensured that correct number of vacancies are intimated. Attested copy of ‘No Objection Certificate’ issued by the Central (Surplus Staff) Cell, in respect of relevant post may also be attached with the requisition. It should be ensured that the official seal of requisitioning officer is affixed below his signature.
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APPENDIX-V THE DELHI SPECIAL POLICE ESTABLISHMENT (SUBORDINATE RANKS) (DISCIPLINE AND APPEAL) RULES, 1961
(Govt. of India, Ministry of Home Affairs No. 15/18/59-AVD dated, the 15th December, 1961) NOTIFICATION S.R.O......... In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules, namely:(THE DELHI SPECIAL POLICE ESTABLISHMENT (SUBORDINATE RANKS) (DISCIPLINE AND APPEAL) RULES, 1961. PART-1 (GENERAL) 1.
SHORT TITLE:
These rules may be called the Delhi Special Police Establishment (Subordinate Ranks) (Discipline and Appeal) Rules, 1961. 2.
APPLICATION:
These rules shall apply to all subordinate Police Officers in the Delhi Special Police Estt. 3.
DEFINITIONS: In these rules, unless the context otherwise requires:-
(a) 'Appointing Authority' in relation to a subordinate Police Officer means(i) the authority empowered to make appointment to the rank or post which the subordinate Police officer for the time being holds, or (ii) the authority which appointed the subordinate Police Officer to such rank or post, or (iii) where the subordinate Police Officer having substantively held any other permanent rank or post, has been in continuous employment of Govt., the authority which
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appointed him to that rank or post, whichever authority is the highest authority; (b)
(e)
'Disciplinary Authority' in relation to the imposition of a penalty on a subordinate Police Officer means the authority competent under these rules to impose on him that penalty; 'Inspector General of Police' means the Inspector General of Police, Delhi Special Police Establishment; 'Subordinate Police Officer' means a person who is appointed to any work rank or post specified in the schedule and includes any such person who is on foreign service or whose services are temporarily placed at the disposal of any other department of the Central Government or of a State Government or a Union Territory or a local or other authority and also any person in the service of any other department of the Central Government or of a State Govt. or a Union Territory or a local or other authority whose services are temporarily placed at the disposal of the Delhi Special police Establishment and who is appointed to any rank or post specified in the Schedule; and 'Schedule' means the Schedule to these rules.
4.
APPOINTMENTS:
(c) (d)
All appointments to the ranks or posts mentioned in column 1 of the schedule shall be made by the authorities mentioned against each in column 2 thereof. PART-II (SUSPENSION) 5.
SUSPENSION
(1)
A subordinate Police Officer may be placed under suspension by the Appointing Authority or any authority to which it is subordinate or any authority competent under these rules to impose on that officer any of the penalties specified in rule-6 : (a) where a disciplinary proceeding against him is contemplated or is pending, or (b) where a case against him in respect of any criminal offence is under investigation or trial; Provided that where the order of suspension is made by an authority lower than the Appointing Authority such authority shall forthwith report to the appointing authority the circumstances in which the order was made.
(2)
A Subordinate Police Officer who is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours
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shall be deemed to have been suspended with effect from the date of detention by an order of the Appointing Authority and shall remain under suspension until further orders. (3)
Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Subordinate Police Officer under suspension is set aside in appeal or on review under these rules and the case is remitted for further enquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.
(4)
Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Subordinate Police Officer is set aside or declared or rendered void in consequence of or by a decision of a Court of Law and the Disciplinary Authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed the Subordinate Police Officer shall deemed to have been placed under suspension by the Appointing Authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders.
(5)
An order of suspension made or deemed to have been made under this rule may at any time be revoked by the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate. PART-III (DISCIPLINE)
6.
NATURE OF PENALTIES:
The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on any subordinate Police Officer namely:(i) fatigue duty (in the case of Constables only); (ii) extra guard duty (in the case of Head Constables and Constables only); (iii) black-mark; (iv) censure; (v) withholding of increments or promotion; (vi) recovery from pay of the whole, part of any pecuniary loss caused to the Government by negligence or breach of orders;
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(vii) reduction to a lower rank or post, or to a lower time scale; or to a lower stage in a time scale; (viii) compulsory retirement; (ix) removal from service which shall not be a disqualification for future employment; (x) dismissal from service which shall ordinarily be a disqualification for future employment. EXPLANATION: The following shall not amount to a penalty within the meaning of this rule: (i)
withholding of increments of a Subordinate Police Officer for failure to pass a departmental examination in accordance with the rules or orders governing the rank or post or the terms of his appointment; (ii) stoppage of a Subordinate Police Officer at the efficiency bar in the time-scale on the ground of his unfitness to cross the bar; (iii) non-promotion, whether in a substantive or officiating capacity, of a Subordinate Police Officer after consideration of his case, to a rank or post for promotion to which he is eligible; (iv) reversion to a lower rank or post of a Subordinate Police Officer officiating in a higher rank or post on the ground that he is considered, after trial, to be unsuitable for such higher rank or post or on administrative ground unconnected with his conduct; (v) reversion to his permanent rank or post of a Subordinate Police Officer appointed in probation to another rank or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing probation; (vi) replacement of the services of a Subordinate Police Officer at the disposal of the authority which had lent his services; (vii) compulsory retirement of a Subordinate Police Officer in accordance with the provisions relating to his superannuation or retirement; (viii) termination of the services(a) of a Subordinate Police Officer appointed on a probation, during or at the end of the period of probation, in accordance with the terms of his appointment or the rules and orders governing probation; or (b) of a temporary Subordinate Police Officer in accordance with rules 5 of the Central Civil Services (Temporary Services) Rules, 1949; (c) of a Subordinate Police Officer employed under an agreement, in accordance with the terms of such agreement.
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7.
DISCIPLINARY AUTHORITIES:
(1)
The Inspector General of Police may impose any of the penalties specified in rule 6 on any subordinate police officer.
(2)
Without prejudice to the provisions of sub-rule(1), but subject to the provisions of sub-rule(3), any of the penalties specified in rule 6 may be imposed on a subordinate Police Officer by the appointing authority or the authority specified in the Schedule in this behalf.
(3)
Notwithstanding anything contained in this rule, no penalty specified in clauses (vii) to (x) of rule 6 shall be imposed by an authority subordinate to the Appointing Authority on any subordinate Police Officer.
8.
PROCEDURE FOR IMPOSING MAJOR PENALTIES
(1)
Without prejudice to the provisions of the public servants (Inquiries) Act, 1850, (37 of 1850), no order imposing on a subordinate Police Officer any of the penalties specified in clauses (vii) to (x) of rule 6 shall be passed except after an inquiry, held as far as may be, in the manner hereinafter provided.
(2)
The Disciplinary Authority shall frame definite charges on the basis of the allegations on which the inquiry is proposed to be held. Such charges, together with a statement of the allegations on which they are based, shall be communicated in writing to the Subordinate Police Officer and he shall be required to submit, within such time as may be specified by the Disciplinary Authority; (a) to such Authority, or, (b) where a Board of Inquiry or Inquiring Officer has been appointed under sub-rule(3), to that Board of officer a written statement of his defence and also to state whether he desires to be heard in person.
EXPLANATION: In this sub-rule and in sub-rule(4) the expression "the Disciplinary Authority" shall include the authority competent under these rules to impose upon such Subordinate Police Officer any of the penalties specified in clauses (iii) to (vi) of rule 6. (3) The Disciplinary Authority may inquire into the charges itself or, if it considers it necessary so to do, it may either at the time of communicating
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the charges to the Subordinate Police Officer under sub-rule(2), at any time there-after, appoint a Board of Inquiry or Inquiring Officer for the purpose. (4) The Subordinate Police Officer shall for the purpose of preparing his defence, be permitted to inspect and take extracts from such official records as he may specify, provided that such permission may be refused if, for reasons to be recorded in writing, in the opinion of the Disciplinary Authority such records are not relevant for the purpose or it is against the public interest to allow him access thereto. (5) On receipt of the written statement of defence, or if no such statement is received within the time specified, the authority inquiring into the charges under sub-rule(3) hereinafter referred to as the inquiring authority may inquire into such of the charges as are not admitted. (6) The inquiring authority shall, in the course of the inquiry, consider such documentary evidence and take such oral evidence as may be relevant or material in regard to the charges. The Subordinate Police Officer shall be entitled to cross-examine witnesses examined in support of the charges and to give evidence in person and to examine witnesses in his defence. If the Inquiring Authority declines to examine any witness on the ground that his evidence is not relevant or material, it shall record the reasons in writing. (7) At the conclusion of the inquiry, the Inquiry Authority shall prepare a report of the inquiry, recording its findings on each of the charges together with reasons thereof, if in the opinion of such Authority the proceedings of the inquiry establish charges different from those originally framed, it may record findings on such charges provided that findings on such charges shall not be recorded unless the Subordinate Police Officer has admitted the facts constituting them or has had an opportunity of defending himself against them. (8)
The record of the inquiry shall include:(i) the charges framed against the Subordinate Police Officer and the statement of allegations communicated to him under sub-rule(2); (ii) his written statement of defence if any; (iii) the oral evidence taken in the course of the inquiry; (iv) the documentary evidence considered in the course of the inquiry; (v) the orders, if any, made by the Disciplinary Authority and the Inquiring Authority in regard to the inquiry; and (vi) a report setting out the finding on each charge and the reasons thereof.
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(9)
The Disciplinary Authority shall, if it is not the Inquiring Authority consider the record of the inquiry and record its findings on each charge.
(10)
(i) If the Disciplinary Authority, having regard to its findings on the charges, is of the opinion that any of the penalties specified in clauses (vii) to (x) of rule 6 should be imposed, it shall (a) furnish to the Subordinate Police Officer a copy of the report of the Inquiring Authority and, where the Disciplinary Authority is not the Inquiring Authority, a statement of its findings together with brief reasons for disagreement if any, with the findings of the Inquiring Authority; and (b) give him a notice stating the action proposed to be taken in regard to him and calling upon him to submit within a specified time such representation as he may wish to make against the proposed action. (ii) The Disciplinary Authority shall consider the representation, if any, made by the Subordinate Police Officer in response to the notice under clause (i) and determine what penalty, if any, should be imposed on the Subordinate Police Officer and pass appropriate orders on the case.
(11)
If the Disciplinary Authority having regard to its findings, is of the opinion that any of the penalties specified in clause (iii) to (vi) of rule 6 should be imposed, it shall pass appropriate orders in the case.
(12)
Orders passed by the Disciplinary Authority shall be communicated to the Subordinate Police Officer who shall also be supplied with a copy of the report of the Inquiring Authority and, where the Disciplinary Authority is not the Inquiring Authority, a statement of its findings together with brief reasons for disagreement, if any, with the findings of the Inquiring Authority, unless they have already been supplied to him.
9.
PROCEDURE FOR IMPOSING MINOR PENALTIES
(1)
In every case where it is proposed to impose on a Subordinate Police Officer any of the penalties mentioned in clause (i) and (ii) of rule 6, he shall be given an opportunity of explaining orally his conduct against the action proposed to be taken in regard to him. This explanation and the orders passed will be briefly recorded by the officer imposing the penalty or penalties in a register maintained for this purpose.
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(2)
No order imposing any of the penalties specified in clauses (iii) to (vi) of rule 6 shall be passed except after(a) the Subordinate Police Officer is informed in writing of the proposal to take action against him and of the allegations on which it is proposed to be taken and given an opportunity to make any representation he may wish to make; and (b) such representation, if any is taken into consideration by the Disciplinary Authority.
(3)
The record of proceedings in cases under sub-rule (2) shall include(i) a copy of the intimation of the Subordinate Police Officer of the proposal to take action against him; (ii) a copy of the statement of allegations communicated to him; (iii) his representation, if any and (iv) the orders on the case together with the reasons therefor.
(4)
Order passed by the Disciplinary Authority shall be communicated to the Subordinate Police Officer.
10.
JOINT ENQUIRY
(1)
Where two or more Subordinate Police Officers are concerned in any case, the President or the Inspector General of Police or any other authority competent to impose the penalty of dismissal from service on all such Subordinate Police Officers may make an order directing that disciplinary action against all of them may be taken in a common proceeding.
(2)
Subject to the provision of sub-rule(3) of rule 7, any such order shall specify-
(iii)
(i) the authority which may function as the Disciplinary Authority for the purpose of such common proceedings; (ii) the penalties specified in rule 6 which such Disciplinary Authority shall be competent to impose; and whether the procedure prescribed in rule 8 or rule 9 may be followed in the proceeding.
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11.
SPECIAL PROCEDURE IN CERTAIN CASES: Notwithstanding anything contained in rules 8, 9 and 10-
(1)
where a penalty is imposed on a Subordinate Police Officer on the ground of conduct which has led to his conviction on a criminal charge; or
(2)
where the Disciplinary Authority is satisfied for reasons to be recorded in writing that it is not reasonably practicable to follow the procedure prescribed in these rules or
(3)
where the President is satisfied that in the interest of the security of the State it is not expedient to follow such procedure, the Disciplinary Authority may consider the circumstances of the case and pass such orders thereon as it deems fit.
12.
PROVISION REGARDING OFFICERS LENT TO STATE GOVT. ETC.
(1)
Where the services of a Subordinate Police Officer are lent to any other Department of the Central Government or to a State Government or Union Territory or to a local or other authority (hereinafter in this rule referred to as "the borrowing authority") the borrowing authority shall have the powers of the Appointing Authority for the purpose of placing him under suspension and of the Disciplinary Authority for the purpose of taking disciplinary proceedings against him; Provided that the borrowing authority shall forthwith inform the authority which lent his services (hereinafter in this rule referred to as "the lending authority") of the circumstances leading to the order of his suspension or the commencement of the disciplinary proceeding as the case may be, except in respect of proceedings under rule 9.
(2)
In the light of the findings in the disciplinary proceedings taken against the Subordinate Police Officer, (i) if the borrowing authority is of the opinion that any of the penalties specified in clauses (i) to (vi) of rule 6 should be imposed on him, it may pass such order on the case as it deems necessary; (ii) if the borrowing authority is of the opinion that any of the penalties specified in clauses (vii) to (x) of rule 6 should be imposed on him, it shall replace his services at the disposal of
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the lending authority and transmit to it the proceedings of the inquiry and thereupon the lending authority may, if it is the Disciplinary Authority, pass such orders therein as it deems necessary, or if it is not the Disciplinary Authority submit the case to the Disciplinary Authority which shall pass such orders on the case as it deems necessary; Provided that in passing any such order the Disciplinary Authority shall comply with the provisions of sub-rules (10) & (11) of rule 8. EXPLANATION: The Disciplinary Authority may make an order under this clause on the record of the inquiry transmitted by the borrowing authority, or after holding such further inquiry as it may deem necessary. 13.
PROVISION REGARDING OFFICERS BORROWED FROM STATE GOVT. ETC.
(1)
Where an order of suspension is made or a disciplinary proceeding is taken against a Subordinate Police Officer whose services have been borrowed from a State Government, a Union Territory, a local or other authority, the authority lending his services (hereinafter in this rule referred to as "the lending authority") shall forthwith be informed of the circumstances leading to the order of his suspension or the commencement of the disciplinary proceedings, as the case may be.
(2)
In the light of the findings in the disciplinary proceedings taken against the Subordinate Police Officer(i) if the Disciplinary Authority is of the opinion that any of the penalties specified in clause (i) to (vi) of rule 6 should be imposed on him it may pass such orders on the case as it deems necessary; (ii) if the disciplinary authority is of the opinion that any of the penalties specified in clauses (vii) to (x) of rule 6 should be imposed on him, it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the inquiry for such action as it deems necessary; (iii) notwithstanding anything contained in clause (ii) of subrule (2) when the Disciplinary Authority is of opinion that a Subordinate Police Officer whose services have been borrowed from a State Govt. or a Union Territory is guilty of misconduct so as to warrant the imposition of any of the penalties specified in clauses (vii) to (x) of rule 6 it may at its discretion revert such Subordinate Police Officer to the lending authority
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without holding an inquiry at all and report the details of the case to the lending authority for such action as it deems necessary. PART-IV- APPEALS 14.
APPEALS AGAINST ORDERS OF SUSPENSION
A Subordinate Police Officer may appeal against an order of suspension to the authority to which the authority which made or is deemed to have made the order is immediately subordinate. 15.
APPEALS AGAINST ORDERS IMPOSING PENALTIES
(1)
A Subordinate Police Officer may appeal against an order of the Inspector General of Police imposing upon him any of the penalties specified in clauses (iii) to (x) of rule 6 to the Secretary to the Government of India, Ministry of Home Affairs.
(2)
Subject to the provisions contained in sub-rule (1), a Subordinate Police Officer may appeal against an order imposing upon him any of the penalties specified in clauses (iii) to (x) of rule 6 to the authority specified in this behalf in the Schedule.
(3)
No appeal shall lie against an order imposing any of the penalties specified in clauses (i) and (ii) of rule 6.
EXPLANATION In this rule the expression 'Subordinate Police Officers' includes a person who has ceased to hold any rank or post mentioned in the Schedule. 16.
APPEAL AGAINST OTHER ORDERS
(I)
A Subordinate Police Officer may appeal against an order which(a) denies or varies to his disadvantage his pay, allowances, pension or other conditions of service as regulated by any rules or by agreement, or (b) interprets to his disadvantage the provisions of any such rule or agreement, to the President, if the order is passed by the authority which made the rules or agreement, as the case may be or by any authority to which such authority is subordinate, and to the authority which make such rules or agreement, if the order is passed by any other authority.
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(2)
An appeal against an order(a) stopping a Subordinate Police Officer at the efficiency bar in the time-scale on the ground of his unfitness to cross the bar; (b) reverting to a lower rank or post, a Subordinate Police Officer officiating in a higher rank or post, otherwise, than as a penalty; (c) reducing or withholding the pension or denying the maximum pension admissible under the rules; and (e) determining the pay and allowances for the period of suspension to be paid to a Subordinate Police Officer on his reinstatement or determining whether or not such period shall be treated as a period spent on duty for any purpose, shall lie to the authority to whom the authority passing such order is immediately subordinate.
EXPLANATION: In this rule:(i) the expression, 'Subordinate Police Officer' includes a person who has ceased to hold a rank or post mentioned in the schedule; (ii)
the expression 'pension' includes additional pension, gratuity and any other retirement benefit.
17.
PERIOD OF LIMITATION FOR APPEALS
No appeal under this part shall be entertained unless it is submitted within a period of three months from the date on which the appellant receives a copy of the order appealed against: Provided that the appellate authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not submitting the appeal in time. 18.
FORM AND CONTENTS OF APPEAL
(1)
Every person submitting an appeal shall do so separately and in his own name.
(2)
The appeal shall be addressed to the authority to whom the appeal lies, shall contain all material statements and arguments on which
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the appellant relies; shall not contain any disrespectful or improper language, and shall be complete in itself. 19.
SUBMISSION OF APPEALS
Every appeal shall be submitted to the authority which made the order appealed against: Provided that if such authority is not the head of the office in which the appellant may be serving, or if he is not in service, the head of the office in which he was last serving, or is not subordinate to the head of such office, the appeal shall be submitted to the head of such office who shall forward it forthwith to the said authority; Provided further that copy of the appeal may be submitted direct to the appellate authority. 20.
WITHHOLDING OF APPEALS
(1)
The authority which made the order appealed against may withhold the appeal if (i) it is an appeal against an order from which no appeal lies; or (ii) it does not comply with any of the provision of rule 18; or (iii) it is not submitted within the period specified in rule 17 and no cause is shown for the delay; or (iv) it is a repetition of an appeal already decided and no new facts or circumstances are adduced: Provided that an appeal withheld on the ground only that it does not comply with the provisions of rule 18 shall be returned to the appellant and , if re-submitted within one month thereof after compliance with the said provisions, shall not be withheld.
(2)
Where an appeal is withheld, the appellant shall be informed of the fact and the reasons whereof. (3) At the commencement of each quarter a list of the appeals withheld by any authority during the previous quarter, together with the reasons for withholding them, shall be furnished by that authority to the appellate authority.
Page 359 of 359
EXPLANATION: "Quarter" means a period of three months commencing on the first of January, the first of April, the first of July and the first of October of each year. 21.
TRANSMISSION OF APPEALS:
(1)
The authority which made the order appealed against shall, without any avoidable delay, transmit to the appellate authority every appeal which is not withheld under rule 20, together with its comments thereon and the relevant records.
(2)
The authority to which the appeal lies may direct transmission to it of any appeal withheld under rule 20 and thereupon such appeal shall be transmitted to that authority together with the comments of the authority withholding the appeal and the relevant records.
22.
CONSIDERATION OF APPEALS:
(1)
In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of rule 5 and having regard to the circumstances of the case the order of suspension is justified or not and confirm or revoke the order accordingly.
(2)
In the case of an appeal against an order imposing any of the penalties specified in rule 6, except those specified in clauses (i) and (ii) the appellate authority shall consider(a) whether the procedure prescribed in these rules has been complied with and if not, whether such non-compliance has resulted in violation of any provisions of the constitution or in failure of justice; (b) whether the findings are justified; and (c) whether the penalty imposed is excessive, adequate or inadequate; and pass orders-
(ii)
(i) Setting aside, reducing, confirming or enhancing the penalty; or remitting the case to the authority which imposed the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case;
Page 360 of 360
PROVIDED THAT(i) the appellate authority shall not impose any enhanced penalty which neither such authority nor the authority which made the order appealed against is competent in the case to impose; (ii) no order imposing an enhanced penalty shall be passed unless the appellant is given an opportunity of making any representation which he may wish to make against such enhanced penalty; and (iii) if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (vii) to (x) of rule 6 and an inquiry under rule 8 has not already been held in the case, the appellate authority shall, subject to the provisions of rule 11, itself hold such inquiry or direct that such inquiry be held and thereafter on consideration of the proceedings of such inquiry, and after giving the appellant an opportunity of making any representation which he may wish to make against such penalty, pass such orders as it may deem fit. (3)
In the case of an appeal against any order specified in the rule 16, the appellate authority shall consider all the circumstances of the case and pass such orders as it deems just and equitable.
23.
IMPLEMENTATION OF ORDERS IN APPEAL:
The authority which made the ordes appealed against shall give effect to the orders passed by the appellate authority. 24.
FORWARDING OF APPEAL TO HIGHER AUTHORITY IN CERTAIN CASES.
Notwithstanding anything contained in this part, where the person who made the order appealed against becomes by virtue of his subsequent appointment or otherwise, the appellate authority in respect of the appeal against such order, such person shall forward the appeal to the authority to which he is immediately subordinate and such authority shall, in relation to the appeal, be deemed to be the appellate authority for the purposes of these rules. PART-V- REVIEW 25.
REVIEW BY THE INSPECTOR GENERAL OF POLICE, DELHI SPECIAL POLICE ESTABLISHMENT
Page 361 of 361
The Inspector General of Police, if he is not the authority to which an appeal against an order imposing any of the penalties specified in rule 6 lies, may, of his own notion or otherwise, call for the records of the case in a disciplinary proceeding, review any order passed in such a case and (a) (b) (c)
(d)
confirm, modify or set aside the order; impose any penalty or set aside, reduce confirm, or enhance the penalty imposed by the order; remit the case to the authority which made the order of to any other authority directing such further action or enquiry as he considers proper in the circumstances of the case; or pass such other order as he deems fit.
PROVIDED THAT(i)
an order enhancing the penalty shall not be passed unless the person concerned has been given an opportunity of making any representation which he may wish to make against such enhanced penalty;
(ii)
if the Inspector General of Police proposes to impose any of the penalties specified in clauses (vii) to (x) of rule 6 in a case where an inquiry under rule 8 has not been held, he shall, subject to the provisions of rule 11, direct that such inquiry be held and thereafter on consideration of the proceedings of such inquiry and after giving the person concerned an opportunity of making any representation against such penalty, pass such order as he may deem fit; and
(iii)
no action under this rule shall be initiated by the Inspector General of Police, more than two years after the date of the order to be reviewed.
26.
REVIEW BY APPELLATE AUTHORITY:
The authority to which an appeal against an order imposing any of the penalties specified in rule 6 lies, may of its own notion or otherwise and if no appeal has been preferred, call for the records of the case in a disciplinary proceeding, review any order passed in such a case, and pass such orders as it deems fit, as if the Subordinate Police Officer had preferred an appeal against such order; PROVIDED THATno action under this rule shall be initiated more than six months after the date of the order to be reviewed.
Page 362 of 362
PART-VI- MISCELLANEOUS 27.
THE CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES. NOT TO APPLY TO SUBORDINATE POLICE OFFICERS.
(1)
The Central Civil Services (Classification, Control and Appeal) Rules and any notifications issued and orders made thereunder shall cease to apply to all subordinate police officers. PROVIDED THAT-
(a)
such cessation shall not affect the previous operation of the said rules, notification and orders or anything done or any action taken thereunder;
(b)
any proceeding under the said rules, notifications or orders pending at the commencement of these rules shall be continued and dispose of as far as may be, in accordance with the provisions of these rules;
(2)
nothing in these rules shall operate to deprive any Subordinate Police Officer of any right of appeal which had accrued to him under the Central Civil Services (Classification, Control and Appeal) Rules, 1957, or any notifications or orders issued thereunder in respect of any order passed before the commencement of these rules.
(3)
An appeal pending at or preferred after the commencement of these rules against an order made before such commencement shall be considered and orders thereon shall be passed in accordance with these rules.
28.
SPECIAL PROVISION BY AGREEMENT:
Where it is considered necessary to make special provisions in respect of a Subordinate Police Officer, inconsistent with any of these rules, the authority making the appointment may, with the previous approval of the President and by agreement with such Subordinate Police Officer, make such special provisions and thereupon these rules shall not apply to such Subordinate Police Officer, to the extent to which the special provision so made are inconsistent therewith. 29.
REMOVAL OF DOUBTS:-
Page 363 of 363
Where a doubt arises as to the interpretation or application of any of the provisions of these rules, the matter shall be referred to the President whose decision thereon shall be final.
Sd- TCA Ramanujachari Dy. Secy. to the Govt. of India. No. 15/18/59-AVD 1. 2.
Dated: November, 1961.
Copy to Inspr. Genl. of Police, SPE, New Delhi. Ministry of Law (Department of Legal Affairs) for information.
Page 364 of 364
SCHEDULE Description of rank or post 1
Appointing authority 2
Appellate Authority
Authority empowered to impose penalties and penalty which it may impose Authority 3
Penalties 4 5 i) Fatigue duty in the case of Constables only ii) Extra guard duty (in the case of Head Constables and Constables only) iii) Black Mark iv) Censure v) Withholding of increments or promotion vi) Recovery from pay of the whole or part of any pecuniary loss caused to the Government by negligence or breach of orders vii) Reduction to a lower rank or post or to a lower time scale or to a lower state in a time scale viii) Compulsory retirement ix) Removal from service which shall not be a disqualification for future employment x) Dismissal from service which shall ordinarily be a disqualification for future employment.
1
2
3
4
5
(iv) to (vii)
(i) Dy. Inspr. Genl. of Police
Delhi Special Police Establishment (sub-ordinte ranks) 1. Inspectors including Technical Inspectors, Assistant Public Prosecutors GradeI
Dy. Inspr. Genl. of Police
2. Sub-Insprs. including Technical SubInspectors, Asstt. Public Prosecutors Grade-II and Asstt. Sub-Inspectors
Dy. Inspr. Genl. of Police
3. Head Constables
Supdt. of Police/Asstt. Inspr. Genl. of Police
i) Supdt.of Police/Assistant Inspr. Genl. of Police ii) Dy. Inspr. Genl. of Police
All
(ii) Inspector General of Police
i) Supdt. of Police/Asstt. Inspector General of Police
(iv) to (vii)
(i) Dy. Inspr. Genl. of Police
All
(ii) Inspector General of Police
i) Dy. Supdt. of Police
(ii)
(i) No appeal allowed.
ii) Supdt. of Police/AIG
All
ii)Dy. Inspr. Genl. of Police
(ii) Dy. Inspr. Genl. of Police 4. Constables
SP/AIG
i) Dy. Supdt. of Police
(i) & (ii)
ii) Supdt. of Police/AIG
All
(i) No appeal allowed (ii) Dy. Inspr. Genl. of Police
Note : (i) In respect of Sub-ordinate Police Officers of the ranks of HCs and FCs attached to Headquarters of the Delhi Special Police Establishment, the Asstt. Director(P) will exercise the powers of the Supdt. of Police as noted above. SP(Hqrs.) in CBI, Head Office will now exercise the powers in place of AD(P). (ii) In particular cases in which the Inspr. Genl. of Police was actually the appointing authority, the punishments at items vii to x will be awarded by him.
Page 365 of 365
GOI, DP&AR No. 202/44/71-AVD.II dated 30.10.1973
ORDER S.O............. In exercise of the powers conferred by sub-rule(2) of rule 9, clause (b) of sub-rule (2) of rule 12 and sub-rule (1) of rule 24 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and in supersession of the existing orders on the subject, the President hereby directs that:(i) in respect of the posts in the General Central Services, Class II, specified in column 1 of the Part I of the Schedule to this Order, the authority specified in column 2, shall be the Appointing Authority and the Authority specified in column 3 shall be the Disciplinary Authority in regard to the penalties specified in column 4; (ii) in respect of the posts in the General Central Service, Class III and the General Central Service, Class IV, specified in column 1 of Part II and Part III of the said Schedule, the Authority specified in column 2 shall be the Appointing Authority and the authority specified in column 3 and 5 shall be the Disciplinary Authority and Appellate Authority respectively in regard to the penalties specified in column 4, (SCHEDULE) No. 202/44/71-AVD.II dated 30.10.1973. Sd- B.C.Vanjani Under Secy. to the Govt. of India. Copy forwarded for information to: 1.
The Director, CBI, New Delhi. xxx xxx xxx
xxx
Page 366 of 366
SCHEDULE Part-I - General Central Service, Class II Description of post
Appointing authority
1
2
1. Dy. Supdt. of Police
2. Senior Public Prosecutor
3. Jr. Technical Officer(Accounts)
Director, Central Bureau of Investigation
-do-
-do-
4. Jr. Technical Oficer (IncomeTax)
-do-
5. Hindi Officer
-do-
6. Office Supdt.
7. Jr. Scientific Officer
8. Senior Scientific Assistant (Class II Non-Gazetted)
-do-
-do-
-do-
Authority empowered to impose penalties and penalties and penalties which it may impose ( With reference to item numbers in rule 11)
Appellate Authority
5
Authority 3
Penalties 4
(i) Director, Central Bureau of Investigation
All
President
(i) to (iv)
Director, Central Bureau of Investigation
(ii) Joint Director/Additional Director (i) Director, Central Bureau of Investigation
All
Presiden t
To be modified in the light of the revised recruitment rules
(ii) Joint Director/Additional Director
(i) to (iv)
(i) Director, CBI
All
President
(ii) Joint Director/ Addl. Director
(i) to (iv)
Director, CBI
(i) Director, CBI
All
President
(ii) Joint Director/ Addl. Director
(i) to (iv)
Director, CBI
(i) Director, CBI
All
President
(ii) Joint Director/ Addl. Director
(i) to (iv)
Director, CBI
(i) Director, CBI
All
President
(ii) Joint Director/ Addl. Director
(i) to (iv)
Director, CBI
(i) Director, CBI
All
President
(ii) Joint Director/ Addl. Director
(i) to (iv)
Director, CBI
(i) Director, CBI
All
President
(ii) Joint Director/ Addl. Director
(i) to (iv)
Director, CBI
Presiden t Dir./CBI
Page 367 of 367
SCHEDULE Part-II- General Central Service, Class III Authority empowered to impose penalties and penalty which it may impose (with reference to item numbers in rule 11)
Description of rank or post
Appointing authority
Appellate Authority
1
2
Authority 3
Penalties 4
5
1. Counterfeit Expert
DIG/DD
DIG/DD
All
Joint Director/CBI
2. Crime Asstt.
-do-
-do-
All
-do-
3. Hindi Asstt.
-do-
-do-
All
-do-
4. Personal Asstt.
-do-
-do-
All
-do-
5. Head Clerk
-do-
i) DIG/DD
All
Joint Director, CBI
ii) SP
(i) to (iv)
DIG/CBI
6. Selection Grade Sr. Clerk. Steno.
-do-
-do-
All
DIG/CBI
7. Sr. Clerk Steno
Supdt. of Police
Supdt. of Police
All
DIG/DD
8. Upper Divisioin Clerk
DIG/DD
i) DIG/DD
All
Joint Director/CBI
(i) to (iv)
DIG/DD
ii) SP 9. Sr. Crime Clerk
-do-
DIG/DD
All
Joint Director, CBI
10. Lower Division Clerk
Supdt. of Police
Supdt. of Police
All
DIG/DD
11. Jr. Crime Clerk
DIG/DD
DIG/DD
All
Joint Director/CBI
12. Sr. Gestetner Operator
-do-
-do-
All
-do-
13. Munim
-do-
i) DIG/DD
All
Joint Director, CBI
ii) Supdt. of Police
(i) to (iv)
DIG/DD
14. Operseer
-do-
DIG/DD
All
Joint Director, CBI
15. Asstt. Librarian
-do-
-do-
All
-do-
16. Curator
-do-
-do-
All
-do-
17. Punchman Verifier
-do-
-do-
All
-do-
18. Proof Reader
-do-
-do-
All
-do-
19. Public Prosecutor
-do-
-do-
All
20. Asstt Public Prosecutor
-do-
-do-
All
-do(To be modified in the light of revised recruitment rules)
(Dy. Director, Central Bureau of Investigation is ex-officio Dy. Inspr. Genl. of Police, Central Bureau of Investigation).
Page 368 of 368
SCHEDULE Part-III- General Central Services, Class IV
Description of rank or post
Appointing authority
1
2
Authority 3
Penalties 4
5
SP/AIG
SP/AIG
All
DIG/DD
2. Jr. Gestetner Operator
-do-
-do-
All
DIG/DD
3. Sweeper
-do-
-do-
All
DIG/DD
4. Peon
AIG
AIG
All
DIG/DD
1. Daftry
Authority empowered to impose penalties and penalties which it may impose (with reference to item numbers in rule 11)
Appellate Authority
(Dy. Director, Central Bureau of Investigation is ex-officio Dy. Inspr. Genl. of Police, Central Bureau of Investigation)
Sd/- B.C. Vanjani Under Secretary to the Government of India
Page 369 of 369
APPENDIX-V1
ADMINS MODULE 1.
The Computerization Project of the CBI envisages computerization of various functions of the CBI. One of the areas covered by the project are office automation and the management of various administrative functions. For this purpose, a software module namely ADMINS has been developed to facilitate administrative work and it has been fully implemented in the CBI.
2.
The ADMINS module is acronym for ‘Administration Information System’. It covers the following major administration related activities carried out by the Administration Division as well as the branches of the CBI namely, (i) (ii) (iii) (iv) (v) (vi) (vii) (viii)
Personnel Information System Accommodation Advances Budget Monitoring System CBI Benevolent Fund Pay roll and Provident Fund Vehicles, Equipment and Dead Stock Information Training Division Information System
Personnel Information System (PIS) PIS will aid in maintenance of :
Employee details like qualifications, postings, pay, deputation, awards, training attended, foreign visits etc.
Vacancy status of CBI branches.
Status of ACRs.
Information about officers being considered for induction in CBI.
Details regarding deputation from/to CBI.
Details of employees under suspension or against whom disciplinary proceedings are contemplated.
Details regarding payment to the Armed Guards.
Page 370 of 370
It will aid the recruitment/promotion processes. Accommodation Module Will aid in maintenance of :
CBI pooled quarter information Quarter occupancy Licence fee recovery Waiting list for accommodation Official and residential buildings CBI land Details of proposals for purchase/lease of land/ buildings Advances Module Will aid in maintenance of :
House Building Advance and Motor Car Advance Recovery of advances Details on pending applications Funds available with CBI for the financial year Budget Monitoring System Will aid in maintenance of:
Budget allocation, reallocation and revision Funds utilisation Head-wise budget allocation for all the Branches Monthly head-wise expenditure for each Branch Budget utilisation records Consolidated expenditure reports Bill-wise expenses entry CBI Benevolent Fund Module Will aid in maintenance of:
Subscriber’s details Defaulter’s details Relief and loans Recovery of loan Investments, receipts, issues from the fund account Enable to effectively monitor the CBF subscription and utilisation. Payroll System
Page 371 of 371
Will aid in maintenance of :
Employee’s earnings and deductions. Loan, advances & licence fee recovery. Savings information and bonus details Income tax deductions. Recoveries to be made on account of deputationists. Pay bills, supplementary pay bills, pay slips, supplementary pay slips, GPF schedules bank statements, GPF statements etc. will be generated.
Vehicles, Equipment, Telephone and Dead Stock Information System Will aid in maintenance of :
Expenditure on a vehicle i.e. purchase, monthly maintenance, petrol, accidental repairs etc. Monitor the vehicle performance by consolidating the monthly information received on expenses and km run. Identify the vehicles due for condemnation. Purchase, issue, return and condemnation details of office equipment and dead stock. Identifying the equipment which is due for AMC. Provide updated dead stock availability status. Details of telephone connections, allotments and expenses on them. Training Division Module Will aid in maintenance of :
Details of courses Schedules of courses Details of course participants Faculty details Nominations Participant’s profile Course feedback Evaluation
Page 372 of 372
Annexure - I No.4/31/61-T GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI - 11, the 1st April, 1963. RESOLUTION The Government of India have had under consideration the establishment of a Central Bureau of Investigation for the investigation of crimes at present handled by the Delhi Special Police Establishment including specially important cases under the Defence of India Act and Rules particularly of hoarding, black-marketing and profiteering in essential commodities, which may have repercussions and ramifications in several States; the collection of intelligence relating to certain types of crime; participation in the work of the National Central Bureau connected with the International Criminal Police Organisation; the maintenance of crime statistics and dissemination of information relating to crime and criminals; the study of specialised crime of particular interest to the Government of India or crimes having all India or inter-State ramifications or of particular importance from the social point of view; the conduct of police research; and the co-ordination of laws relating to crime. As a first step in that direction, the government of India have decided to set up with effect from 1st April, 1963 a Central Bureau of Investigation at Delhi with the following six Divisions, namely :(i) (ii) (iii) (iv) (v) (vi)
Investigation and Anti-Corruption Division, (Delhi Special Police Establishment) Technical Division, Crime Records and Statistics Division, Research Division, Legal and General Division, Administration Division.
The Charter of functions of the above said Divisions will be as given in the annexure. The assistance of the Central Bureau of Investigation will also be available to the State Police Forces on request for investigating and assisting in the investigation of inter-State crime and other difficult criminal cases.
No. 4/31/61-T
sd/( V. Viswanathan ) Secretary to the Government of India New Delhi-11, the 1st April, 1963.
Page 373 of 373
ORDER : Ordered that a copy of the Resolution be communicated to all State Governments/Union Territories Administrations; Director, Intelligence Bureau; Inspector General, Special Police Establishment, Delhi; all Ministries/Departments of the Govt. of India. Ordered also that the Resolution be published in the Gazette of India for general information. sd/( V. Viswanathan ) Secretary to the Government of India
Page 374 of 374
Encl. To AnnexureAnnexure-I
I
INVESTIGATION AND ANTI-CORRUPTION DIVISION (Delhi Special Police Establishment)
(1)
Cases in which public servants under the control of the Central Government are involved either by themselves or along with State Government servants and/or other persons.
(2)
Cases in which the interests of the Central Government, or of any public sector project or undertaking, or any statutory corporation or body set up the financed by the Government of India are involved.
(3)
Cases relating to breaches of Central Laws with the enforcement of which the Government of India is particularly concerned, e.g. (a) breaches of Import and Export Control Orders, (b) Serious breaches of Foreign Exchange Regulation Act, (c) Passport frauds, (d) cases under the Official Secrets Act pertaining to the affairs of the Central Government, (e) cases of certain specified categories under the Defence of India Act or Rules with which the Central Government is particularly concerned.
(4)
Serious cases of cheating or fraud relating to the Railways, or Post & Telegraph Department, particularly those involving professional criminals operating in several States.
(5)
Crime on the High Seas.
(6)
Crime on the Airlines.
(7)
Important and serious cases in Union Territories particularly those by professional criminals.
(8)
Serious cases of fraud, cheating and embezzlement relating to Public Joint Stock Companies.
(9)
Other cases of a serious nature, when committed by organised gangs or professional criminals, or cases having ramifications in several States including Union Territories, serious cases of spurious drugs, important cases of kidnapping of children by professional inter-state
Page 375 of 375
gangs, etc. These cases will be taken up only at the request of or with the concurrence of the State Government/Union Territories Administrations concerned. (10)
Collection of intelligence about corruption in the public services and the projects and undertaking in the public sector.
(11)
Prosecution of cases investigated by this Division.
(12)
Presentation of cases before Enquiry Officers in which departmental proceedings are instituted on the recommendations of this Division.
II.
TECHNICAL DIVISION.
(1)
Technical assistance in investigation of cases involving accounts.
(2)
Specialised assistance in cases involving Railway and Postal accounts.
(3)
Assistance in cases involving assessment of Income-Tax, Estate Duty, etc.
(4)
Examination of accounts and assets etc. in cases relating to allegations of disproportionate assets.
(5)
Examination of cases investigated by the Bureau which have an Income-tax aspect, and communication of information with a view to enabling the Income-tax Department to recover the evaded tax.
III.
CRIME RECORDS & STATISTICS DIVISION.
(1)
Maintenance of all-India statistics of crime.
(2)
Study of all-India trends in thefts and losses, and recoveries of firearms and ammunition, and note-forgery and counterfeit coining.
(3)
Collection and dissemination of information about important interState criminals.
(4)
Preparation and circulation of reports and reviews relating to crime in India. Participation in the work of the I.C.P.O., N.C.B., U.N.O. Reporter for Crime.
(5)
Page 376 of 376
IV.
RESEARCH DIVISION.
(1)
Analysis and study of specialised crimes and of problems of a general nature affecting the Police, e.g. (i) (ii) (iii) iv) (v) (vi) (vii) (viii) (ix) (x) (xi)
(2)
trends and causes of serious crimes in different areas, preventive measure, their effectiveness and relationship with crime, improvement in methods of investigation, utility and results of Introducing scientific aids and equipment, Inadequacy of laws; coordination of laws relating to crime in various States, criminal gangs operating in more than one State - wandering gangs - Ex-criminal Tribes - habitual offenders, crime amongst the Tribal people, inter-State note-forgery and counterfeiting, social factors in crime, industrialisation and crime, juvenile delinquency, kidnapping of women and children.
Participation in the work of the Central Forensic Science Advisory Committee and the Central Medico Legal Advisory Committee. V.
LEGAL AND GENERAL DIVISION (A)
LEGAL SECTION
(1)
Legal Advice in cases investigated by the Investigation and Anticorruption Division.
(2)
Conducting prosecution in important cases.
(3)
Review of judicial decisions relating to criminal law and procedure for publication in the C.B.I. Gazette.
(4)
Compilation and circulation of Law Digest.
(5)
Inadequacy of and amendments of laws.
(6)
Coordination of laws relating to crime in various States. (B)
GENERAL SECTION
Page 377 of 377
(1)
Matters relating to organisation, policy and procedure.
(2)
Inter-State Conferences relating to crime and anti-corruption work.
(3)
Appreciation reports regarding modes of corruption in various Government Departments and Public Undertakings.
(4)
Correspondence with Ministries and States on general questions relating to policy, procedure, etc.
(5)
Training Courses in anti-corruption work.
(6)
C.B.I. Gazette.
(7)
Photographic section.
VI.
ADMINISTRATION DIVISION All establishment and accounts matters. -----------
Page 378 of 378
Annexure - III No.21/43/2002-PD-01307 Central Bureau of Investigation Policy & Co-ordination Division, North Block, New Delhi-110001. May 30, 2003 ORDER A
committee
rationalization
of
was
staff
restructuring of CBI
constituted
strength
in
to
suggest
CBI.
The
restructuring
Committee
and
suggested
branches/regions under each Joint Director. The
recommendations made by the Committee were discussed with all Joint Directors. After detailed deliberations the proposal of the Committee to restructure and rationalise the staff strength was accepted with certain modifications.
However,
it
is
clarified
that
the
restructuring
and
rationalization is being effected for optimal utilization of Human resources and intends to improve the overall performance of the organization. This is not intended to be a rigid or permanent measure and would be amenable to changes/ modifications to take care the dynamics of CBI functioning. The following restructuring is ordered in suppression of all the previous orders on the subject: ANTI-CORRUPTION DIVISION Anti-Corruption Division of CBI is organised into Zones, Regions and Branches/Units with jurisdiction as detailed below. In the functioning of the Division, the Director, CBI will be assisted by Special Director/Additional Director (A) with Joint Directors heading each Zone.
The territorial
jurisdiction of each Zone is given below:
S.No
Name of the Branch
1
2
Location of Branch/ unit 3
Location of region/ DIG
JD
Jurisdiction
4
5
6
DELHI ZONE 1
Anti-Corruption Region-I New Delhi Delhi
DIG/ACR-I New JD/ACZ/ Delhi DELHI
Entire area of National Capital
Page 379 of 379
Territory of Delhi SP-I ACB-I Delhi SP-II ACB-I Delhi (Existing SP- I & II/ACB Delhi) 2
3
Anti-Corruption Region-II, Delhi SP-I ACB-II Delhi SP-II ACB-II Delhi (Existing SP-III & SPIV/ACB Delhi) Anti -Corruption Region Jaipur*
New Delhi
DIG/ACR-II New Delhi
-do-
-do-
Jaipur
DIG/ACR (Jaipur)
-do-
State of Rajasthan
SP/ACB/Jaipur Jodhpur (Unit) under SP/ACB/Jaipur
* As amended vide order No. DP0992003/21/43/2002-PD-1069 dated 7.05.2003.
NORTH ZONE 4 Anti -Corruption Region Chandigarh
Chandigarh
DIG/ACR Chandigarh
Jammu
-do-
Bhopal
DIG/ACR Bhopal
-do-
-do-
-do-
DIG/ACR Lucknow
-do-
State of U.P. except the area mentioned against Dehradun Branch
-do-
-do-
Nainital, Pithoragarh, Almorah, Chamoli, Garhwal, Tehri Garwal, Uttar Kashi, Dehradun, Meerut, Ghaziabad, Muzzafarnagar,Bulandshahar Saharanpur, Hardwar, Agra, Etah Aligarh, Mainpuri, Mathura districts of Uttar Pradesh
SP/ACB/CHG. (with Unit at Shimla) 5 Anti-Corruption Branch Jammu SP/ACB/Jammu 6 Anti-Corruption Region Bhopal SP/ACB/Bhopal
7 Anti-Corruption Jabalpur Branch Jabalpur (To be (including CHTG. Unit) shifted to Raipur in SP/ACB/JBL. due Course) 8 Anti-Corruption Lucknow Region Lucknow SP/ACB/LKO 9 Anti-Corruption Branch Dehradun (including Ghaziabad Unit)
SP/ACB/ Dehradun
Dehradun
JD/ACZ/ State of Punjab, Haryana, North Himachal Pradesh & Union (Delhi) Territory of Chandigarh. Shimla Unit will have jurisdiction in the State of Himachal Pradesh. -doState of Jammu & Kashmir
Gwalior, Morena, Bhind, Shivpuri, Guna, Vidisha, Shajapur. Dewas, Ujjain, Indore, Dhar, Ratlam, Jhabua, Mandsaur, Rajgarh, East Nimar(Khargone), Sehore, Raisen, Bhopal, Hoshangabad, Khandwa, Betul Districts of Madhya Pradesh, State of Chhatisgarh State of Madhya Pradesh excluding the areas mentioned against Bhopal Branch.
Page 380 of 380
WEST ZONE 10
Anti-Corruption Region-I Mumbai
Mumbai
DIG/ACR-I Mumbai
(SP-I, ACB Mumbai SP-II, ACB Mumbai SP-III, ACB Mumbai
11
12
Goa (Unit) under SPIII/ACB Mumbai Anti-Corruption Region– II Anti-Corruption Branch Gandhinagar SP/ACB/ Gandhinagar. Anti-Corruption Branch Nagpur
JD/ACZ/ West (Mumbai)
Gandhinagar DIG/ACR-II Gandhinagar
-do-
State of Gujarat
Nagpur
-do-
-do-
Vadodara
-do-
-do-
Bhandara, Chandrapur, Garhchiroli, Wardha, Amravati, Akola, Buldhana. Yavatmal, Aurangabad, Jalna Parbhani, Beed, Nanded. Osmanabad, Latur & Nagpur districts of Maharashtra Valsad, Bharuch, Surat, Vadodara, Khera (including Anand), Mehsana, Dang, Panchmahal, Sabarkantha, Banaskantha of state of Gujarat.
SP/ACB/Nagpur
13
Anti Corruption Branch Vadodara*
State of Maharashtra (excluding the areas mentioned against Nagpur Branch). Union Territories of Daman. Diu, Dadra and Nagar Haveli, State of Goa
SP/ACB/Vadodara
* As amended vide order No. 21/43/2002-PD-01953 dated 5.8.2003.
CENTRAL ZONE DELHI* 14
Anti-Corruption Region Patna
Patna
DIG/ACR Patna
JD/ACZ/ Central (Delhi)
State of Bihar
15 16
SP/ACB/Patna SP/AHD Patna Anti-Corruption Region Ranchi
Patna Ranchi
-doDIG/ACR Ranchi
-do-do-
-doState of Jharkhand
17 18
SP/ACB/Ranchi SP/AHD Ranchi Anti -Corruption Branch Dhanbad
Ranchi Dhanbad
-do-do-
-do-do-
-doState of Jharkhand
SP/ACB/Dhanbad
Page 381 of 381
* As amended vide order No. DP0992003/21/43/2002-PD-1068 dated 7.05.2003
SOUTH ZONE 19
20
21
22
Anti-Corruption Region Chennai Anti-Corruption Branch Chennai SP-I/ACB/Chennai SP-II/ ACB/Chennai Anti-Corruption Branch Cochin
SP/ACB/Cochin. Anti-Corruption Region Hyderabad Anti-Corruption Branch Hyderabad SP/ACB/Hyd. Anti-Corruption Branch, Vishakhapatnam
Chennai
DIG/ACR Chennai-
JD/ACZ/ South (Chennai)
State of Tamil Nadu & Union Territory of Pondicherry
Cochin
-do
-do-
State of Kerala & the Union Territory of Lakshadweep
Hyderabad
DIG/ACR Hyderabad
-do-
Vizag.
-do-
-do-
Bangalore
-do-
-do-
State of Andhra Pradesh excluding the areas mentioned against Vishakhapatnam Branch Vishakhapatnam, Srikakulam, East Godavari, Krishna,Guntur, Prakassam & Nellore districts of Andhra Pradesh. State of Karnataka
SP/ACB/ Vizag.
23
Anti-Corruption Branch, Bangalore SP/ACB/Bangalore
EAST ZONE 24
Anti-Corruption Region Kolkata
Kolkata
DIG/ACR Kolkata
JD/ACZ/ East (Kolkata)
Bhubaneshwar
-do-
-do-
State of Orissa
Guwahati
DIG/ACR Guwahati
-do-
State of Assam (excluding Cachar and North Cachar Districts
SP-I ACB/Kol. SP-II/ACB/Kol.
25
26
Anti-Corruption Branch Bhubaneshwar (with Unit at Rourkela) SP/ACB/BBSR. Anti-Corruption Region Guwahati
State of West Bengal, Sikkim and Union Territories of Andaman & Nicobar Islands. Gangtok and Port Blair Units will have jurisdiction in the entire State of Sikkim and Andaman Nicobar Islands respectively.
Page 382 of 382
SP/ACB/Guwahati 27
Anti-Corruption Branch Silchar
Silchar
-do-
-do-
SP/ACB/Silchar
of Assam) Meghalaya and Arunachal Pradesh State of Manipur, Nagaland, Tripura, Mizoram and Cachar & North Cachar Districts of Assam.
ACHQ ZONE DELHI 28
29
30
31
32
33
34
35
36
SP ACU-I, AC-I (Existing SP/ACUI/Delhi) SP ACU-II, AC-I (Existing SP/ACUII/Delhi. SP ACU-III, AC-I (Existing SP/ACUIII/Delhi) SP ACU-IV, AC-II (Existing SP/ACUIV/Delhi) SP ACU-V, AC-II (Existing SP/ACUV/Delhi). SP ACU-VI, AC-II (Existing SP/ACUVI/Delhi). SP ACU-VII, AC-III (Existing SP/ACUVIII)/Delhi) SP ACU-VIII, AC-III (Existing SP/ACUIX)/Delhi) SP ACU-IX, AC-III (Existing SP/ACUX/Delhi
New Delhi
DIG/AC-I New Delhi
JD/AC/ HQ(Delhi)
Throughout India
-do-
-do-
-do-
-do-
-do-
-do-
-do-
-do-
-do-
DIG/AC-II, New Delhi
-do-
-do-
-do-
-do-
-do-
-do-
-do-
-do-
-do-
-do-
-do-
DIG/AC-III, New Delhi
-do-
-do-
-do-
-do-
-do-
-do-
-do-
-do-
-do-
-do-
SPECIAL CRIMES DIVISION
Special Crimes Division of CBI is organised into Zones, Regions, Investigating Units and Cells as detailed below. In the functioning of the Division, the Director, CBI will be assisted by Special Director(s)/ Addl. Director (s) with Joint Directors heading each Zone.
The territorial
jurisdiction of each Zone is given below:
SC-I/MDMA, DELHI*
Page 383 of 383
37
Special Crime Region -I, Delhi
New Delhi
DIG/SC-I Delhi
JD/SC-I/ MDMA Delhi
Throughout India
SP SCU-I, SC-I (Existing SP/SIUI)/Delhi). SP SCU-II, SC-I (Existing SP/SIUII)/Delhi). SP SCU-III, SC-I (Existing SP/SIUIII)/Delhi)
38
Special Crime Region Kolkata
Kolkata
DIG/SCR Kolkata
-do-
Lucknow
-do-
-do-
States of West Bengal, Orissa, Assam, Meghalaya, Arunachal Pradesh, Manipur, Tripura, Sikkim, Mizoram and Union Territory of Andaman & Nicobar Islands. Throughout India
Delhi
DIG/MDMA Delhi
-do-
Throughout India
Chennai
-do-
-do-
Throughout India
SP/SCB/Kolkata
39
40
41
SCB Lucknow SP/SCB/Lucknow (Existing SP/ SICIV/Lucknow). MDMA MDMA Delhi SP/MDMA/Delhi MDMA Chennai SP/MDMA/ Chn.
*
In
partial
modification
of
this
office
order
No.
DP0992003/21/43/2002-PD-1099 dated 10.05.2003
(SC-II) ZONE DELHI
42
43
Special Crime Region -II, Delhi SP SCU-IV, SC-II SP SCU-V, SC-II SP SCU-VI, SC-II (Existing SP/ SIU-IV, SP/SIU-V & SP/SIUVI/Delhi). Special Crime Region Mumbai
New Delhi
DIG/SC-II Delhi
Mumbai
DIG/SCR Mumbai
JD/SC-II
Chennai
-do-
-do-
JD/STF (Delhi) *
SC Branch Mumbai SP/SCB/Mumbai
44
Special Crime Branch Chennai SP/SCB/Chennai
Throughout India
States of Maharashtra Gujarat, Rajasthan, Goa and Union Territories of Daman, Diu, Dadra and NagarHaveli. States of Tamil Nadu, Kerala, Andhra Pradesh, Karnataka and
Page 384 of 384
Union Territories of Pondicherry and Lakshdweep.
* As amended vide Order No. 21/43/2002-PD-01953 dated 5.8.2003.
Page 385 of 385
SPECIAL TASK FORCE ZONE DELHI 45
Special Crime RegionIII, Delhi
New Delhi
DIG/SC-III Delhi (Existing DIG SIC IV, Delhi)
JD/SC-II (Delhi) *
Throughout India
Delhi
DIG/SCR Delhi
JD/STF Delhi *
States of Punjab, Haryana Himachal Pradesh, Jammu & Kashmir, National Capital Territory of Delhi and UT of Chandigarh. States of Bihar, Madhya Pradesh and Uttar Pradesh.
SP SCU-VII, SCIII (Existing SP-I/ SIC-IV)/Delhi).
46
SP SCU-VIII, SC-III (Existing SP-II/ SICIV/Delhi). SP SCU-IX, SC-III (Existing SP-III/ SICIV/Delhi) Special Crime Region, Delhi SC Branch Delhi SP-I, SCB Delhi (Existing SP/ SCBI/Delhi).
47
SP-II, SCB Delhi (Existing SP/ SCBII/Delhi.
Delhi
-do-
-do-
48
SC Branch Chandigarh
Chandigarh
-do-
-do-
Delhi Mumbai
DIG STF Delhi -do-
-do-do-
SP/SCB/CHG. (Existing SP/SIUXV/Chg). 49 50
SP/STF Delhi SP/STF Mumbai
State of Punjab, Haryana, Himachal Pradesh and Union Territory of Chandigarh. Throughout India -do-
* As amended vide Order No. 21/43/2002-PD-01953 dated 5.8.2003.
ECONOMIC OFFENCES DIVISION
Economic Offences Division of CBI is organised into Zones, Region, investigation Cell & Units as detailed below. In the functioning of the Division, the Director, CBI will be assisted by Special Director (E)/ Additional Director (E) with Joint Directors heading each Zone. The territorial jurisdiction of each Zone will be as mentioned below:-
EOW-I ZONE
51
EO-I Region, Delhi SP EOU-I, EO-I (Existing SPI/SIG/Delhi).
New Delhi
DIG/EO-I Delhi
JD/EOW-I Delhi
Throughout India
Page 386 of 386
SP EOU-II, EO-I (Existing SPII/SIG/Delhi) SP EOU-III, EO-I (Newly created by adjusting one post of SP/CBI)
EOW-II ZONE
52
53
EO-II Region, Delhi SP EOU-IV, EO-II (Existing SP/SIUVIII/Delhi). SP EOU-V, EO-II (Existing SP/SIUXI/Delhi). SP EOU-VI, EO-II (Existing SP/ SIUXVII/Delhi) EO-III Region, Delhi
New Delhi
New Delhi
DIG/EO-II Delhi
DIG/EO-III Delhi
JD/EOWII Delhi
Throughout India
-do-
-do-
SP EOU-VII, EO-III (Existing SP/SIUIX/Delhi). SP EOU-VIII, EO-III (Existing SP/ SIUXII/Delhi). SP EOU-IX, EO-III (Existing SP/CCIC/ Delhi).
EOW-III ZONE 54
EOW-Region Mumbai
Mumbai
DIG/EOW Mumbai
JD/EOWIII Delhi
States of Maharashtra, Goa and Union Territories of Daman Diu, Dadar and Nagar Haveli
Chennai
-do-
-do-
States of Tamil-Nadu, Kerala, Andhra Pradesh. Karnataka and Union Territories of Pondicherry & Lakshdweep States of Punjab, Haryana, Himachal Pradesh, Jammu & Kashmir, NCT of Delhi and U.T. of Chandigarh. States of Bihar, Uttar Pradesh and Remaining districts of Madhya Pradesh States of West Bengal, Orissa, Assam, Meghalaya Arunachal Pradesh, Manipur, Tripura, Sikkim, Mizoram and U. T. of A. & Nicobar Islands.
SP/EOW/Mumbai 55
EOW- Chennai SP/EOW-Chennai
56
EOW- Region Delhi EOW Delhi SP-I/EOW Delhi
New Delhi
DIG/EOW Delhi
JD/EOWIII Delhi *
57
SP-II/EOW Delhi
-do-
-do-
-do-
58
EOW-Kolkata
Kolkata
-do-
-do-
SP-/EOW Kolkata
* As amended vide Order No. 21/43/2002-PD-01953 dated 5.8.2003. EOW-IV ZONE
59
BS&FC Region Delhi
New
DIG/BS&FC Delhi
JD/EOWIV Delhi
Throughout India
Page 387 of 387
60 61
62
63
64 65
BS&FC Delhi BS&FC -I Delhi SP-I,BS&FC Dli. BS&FC-II Delhi SP-II,BS&FC Dli. BS&FC-III Delhi SP-III,BS&FC Dli. (Existing SP/SIUX)/ Delhi). BS&FC Kolkata SP/BS&FC Kol. (Newly created by adjusting one post of SP/CBI). BS&FC Region Mumbai BS&FC Mumbai SP-I/BS&FC Mum. SP-II/BS&FC Mum. BS&FC Bangalore
Delhi
Delhi
IV Delhi
-do-
-do-
-do-
-do-
-do-
-do-
-do-
-do-
Kolkata
-do-
-do-
-do-
Mumbai
DIG/BS&FC Mumbai
-do-
-do-
Mumbai Bangalore
-do-do-
-do-do-
-do-do-
SP/BS&FC B’lore.
ADMINISTRATION DIVISION
Headed by a Joint Director, the Administration Division will comprise of following Offices/Units. Jt. Director (A) will report through Addl. Director( E). 66
SP/ Training Centre -I
Ghaziabad
DIG/Trg.
67
SP/ Training Centre-II SP/ R &D
-do-
68
-
-do-
JD (Admn.) Delhi -do-
-do-
-do-
-do-
-
DIG (Admn.) -doDIG (Pers.) -do-
-do-
-
-do-do-
-
-do-
-
-
(newly created by adjusting one post of SP/CBI) 69
SP/ HQ
New Delhi
70 71
AO (A) SP/ Pers. (newly created post) AO (P)
-do-do-
72
-do-
POLICY DIVISION DELHI
Headed by a Joint Director, this division will work directly under DCBI. It will have following Branches/Units/Wing:73 74 75 76
Special Unit-I SP-I/SU Delhi Special Unit-II SP-II/SU Delhi Special Unit Mumbai Special Unit -III SP-III SU Delhi
New Delhi New Delhi Mumbai Delhi
DIGI/SU -do-doDIGII/SU-II
JD/Policy
Throughout India
-do-
-do-
-do-do-
-do-do-
Page 388 of 388
77 78 79 80
81
Special Unit Kolkata SP SU Kolkata Special Unit Chennai SP SU Chennai AIG (P)-I (Existing AIG (P)/ Delhi. AIG (P)-II (Newly created by adjusting one post of SP/CBI). Deputy Principal Information Officer
Kolkata
-do-
-do-
-do-
Chennai
-do-
-do-
-do-
New Delhi -do-
--
-do-
--
--
-do-
--
-do-
--
-do-
--
CO-ORDINATION DIVISION
Headed by Dy. Director (Coordination), this division will function under a Joint Director, which will be nominated by DCBI. 82
AD(Interpol)-I (Existing AD/Interpol/Delhi).
New Delhi
DIG/Coord.
83
AD (Interpol)-II (Newly created by adjusting one post of SP/CBI). AD (Coord.)
New Delhi
New Delhi
84
Throughout India
-do-
JDNominated by DCBI -do-
-do-
-do-
-do-
-do-
The System Division of CBI will function under JD/ DIG well versed with Computers. They will be nominated by DCBI.
This order will come into force from August 1, 2003 or as otherwise ordered. Administration division will issue all other consequential orders indicating rationalization of staff strength.
The CBI Crime Manual and
Administration Manual are deem to have been amended accordingly in respect of this order.
Sd/P. C. Sharma DIRECTOR CBI
Copy to:
1.
Special Director, CBI, New Delhi/ Additional Director, CBI, New
Delhi
2. 3. 4.
All Joint Directors, CBI/Director (Prosecution)/Director, C.F.S.L. All DIGs, CBI./DD(A) & DD(Co),CBI/ DPIO, CBI, New Delhi. All SsP, CBI/ Asstt. Director (Interpol) and Asstt. Director (Coord.), CBI, New Delhi. 5. AO(E) and AO(A)/CBI/New Delhi/ OSD(Computer),CBI, System Division, New Delhi. 6. Guard File No.24.
Page 389 of 389
Annexure -IV
PRO FORMA 1
(i) (ii) (iii)
2
3
4
5
6
Name of the Organisation/Office
Central Bureau of Investigation Cabinet Secretariat
Ministry/Department to which attached Whether the requisitioning authority is authorized by the administrative Ministry/Deptt. to place the requisition with SSC directly ? Complete postal address of the Head of Office of Central Bureau of the Organisation. Investigation Block No. 3, 4th Floor, CGO Complex, Lodhi Road, New Delhi - 110 003 Requisition for recruitment to the post of :(a) Designation (b) Scale of Pay (c) Classification (Whether Group 'C' - Non - technical or Group 'B' - Non - gazetted) Details of the post :(a) Brief description of the job requirements and nature of duties of the post (b) Place of initial posting (c) Whether All India Service Liability involved How have the vacancies arisen ? (Clearly specify, by Promotion/Resignation/Death/Retirement, etc. In case the vacancy is due to failure of recruitment by transfer/deputation, the details thereof may also be indicated.) Break- up of vacancies (This may be shown in the format of Vertical and Horizontal components as indicated below) Category - wise (Vertical) Category (a) Break- up of vacancies No. of vacancies (Note : Break - up of current and backlog vacancies for SCs & STs to be indicated. ) (i) UR (ii] OBC (iii) SC Current Backlog (iv) ST Current
Page 390 of 390
Backlog TOTAL (b) (i)
Horizontal Reservation : Whether the post is identified as suitable (i) OH Yes No for : (ii) HH Yes No (iii) VH Yes No (ii) Out of the total vacancies shown above in (i) OH Col. 6 (a), the number of vacancies for PH (ii) HH (Horizontal reservation) (iii) VH (iii) Out of the total vacancies shown above in Col. 6 (a), the number of vacancies for Ex Servicemen (Horizontal reservation) (Please note that the vacancies mentioned in the vertical component shall be the total number of vacancies inclusive of the horizontal component) 7 Period of Probation 8 Qualifications as laid down in the notified Recruitment Rules including any relaxation : (a) Essential (b) Desirable (Please indicate 'Nil' if not specified in the Recruitment Rules) 9 Age limits (a) As per recruitment rules (b) Relaxation in upper age limit available to : (i) SC by ______ years (ii) ST by ______ years (iii) OBC by ______ years (iv) PH by ______ years (v) PH & SC/ST by ______ years (vi) PH & OBC by ______ years (vii) Departmental candidates by ______ years (viii) Central Govt. Employees (Other than (vii) above ) by ______ years (ix) Any others (please specify details and extent of relaxation) by ______ years Note : As regards age relaxation to physically handicapped categories candidates, your attention is invited to DOPT OM No. 43019/28/86 - Estt (D) dated 1.2.99. 10 Any other requirements or conditions not covered by the above Columns. 11 Name, address and telephone number of the Departmental Representative (not less than the rank of Deputy Secretary of the Department/Ministry) who will be deputed to assist the SSC at the Interview. 12 Whether the captioned post(s) has/have been got exempted from ban orders imposed by the Ministry of Finance vide their O.M. No. F.7 (1)- E (Coord)/84 dated 3.1.84 and F.No. 7 (3)/6/E. (Coord)/99, dated 5.8.99 or any subsequent orders. 13 Whether the vacancies have been cleared by the Screening Committee of the administrative Ministry in accordance with
Page 391 of 391
14
15
16
17
18
19
DOPT O.M. No. 2/8/2001 - PIC, dated 16th May, 2001 and 6/18th June, 2002. Whether a "No Objection Certificate" from the Central (Surplus Staff) Cell (now redesignated as Division for Retraining and Re-deployment) of the DOPT has been obtained in accordance with the CCS (Redeployment of Surplus Staff) Rules, 1990 notified vide DOPT Notification 1/14/89 CS.III, dated 28.2.1990 and DOPT letter No. 1/5/2000 - CS.III dated 10.11.2000. Whether the number of vacancies reserved for SC, ST and OBC as mentioned in column 6 above is in accordance with the reservation quota fixed for these communities as per the DOPT O.M. No. 36012/2/96-Estt (Res), dated 2.7.1997 and DOPT O.M. No. 36012/5/97-Esst. (Res) Vol.II, dated 20.7.2000. Whether the vacancies for Physically Handicapped and Ex-servicemen have worked out with reference to DOPT O.M. Nos. 36035/16/91-Estt.SCT dated 20.9.94 and 36012/58/92 - Estt. (SCT), dated 1.12.1994 respectively. Whether the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 are complied with. Letter No. and date of the LAST requisition for the same post (along with category-wise break - up of the number of vacancies) placed with the SSC by your office. Letter No. and date by which nomination has been made by SSC to your office earlier for the same post.
It is certified that : (a) (b)
(c)
(d) (e)
The information furnished against the above mentioned columns are correct and based on the official records available with the office ; Vacancies projected in this requisition are regular and all regular vacancies on date which fall within the direct recruitment quota have been included in this requisition, and also the necessary sanction of the govt. for these posts is available ; The vacancies reported shall not be withdrawn nor the number and category break - up of vacancies shall be altered under any circumstances ; Suitable personnel are not available with the Surplus Cell of DOPT for filling up these vacancies ; While sending this requisition, policy relating to 3% reservation for persons with disabilities has been taken care of ;
Page 392 of 392
(f) (i)
The post for which this requisition is being sent has been identified as suitable for being manned by persons with disabilities. Vacancies reserved for the disabled have been suitably indicated in the vacancy position ; (ii) The post for which this requisition is being sent has been identified as suitable for being manned by persons with disabilities. However, none of the vacancies reported hereby has been earmarked reserved for the disabled ; (iii) The post for which this requisition is being sent has not been identified as suitable for being manned by persons with disabilities ; (iv) The establishment/organization to which the post is to be filled up, for which this requisition is being sent has been exempted from the provisions of Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and full Participation) Act, 1995 ; (g) The number of vacancies reserved for SC, ST, OBC etc. as mentioned in column 6 above are in accordance with the reservation quota fixed by the Govt. for these communities ; (h) Candidates nominated by the SSC against the vacancies reported in this requisition shall be given appointment by this office within three months from the date of nomination. * Strike off whichever is not applicable.
Signature and Official Seal of the Officer authorized to send this requisition. Place : Tel No. Date :
Page 393 of 393
Annexure – V
COURSES CONDUCTED BY THE CBI ACADEMY TARGET OFFICERS AND DURATION BASIC COURSES S.No Courses 1 Basic Course for Dy.SsP 2
Basic Course for SIs
3 Basic Course for Constables ORIENTATION/INDUCTION COURSES 4 Orientation Course for SsP/DIsG 5 Orientation Course for Inspr/DySsP 6 Orientation Course for Constables INDUCTION COURSES 7 Induction Course for Newly Appointed Law Officers 8 Induction Course for Newly Appointed LDCs 9 Basic Investigation Course for Promotee Inspectors
Target Officers Direct recruited Dy. SsP Direct recruited S.I. and Departmental Direct Recruited Constables
Duration 1 years & 14 weeks 1 years & 7 weeks 6 months
SsP/ DIsG joining CBI on 1 week deputation Deputationist Dy.SsP and 6 weeks Inspectors on joining CBI Deputationist Constables on 6 days joining CBI Newly Appointed Law 5 days Officers of CBI Newly Appointed LDCs of CBI 2 weeks
Promotee Inspectors of CBI 2 weeks (who have not attended Basic Course of SIs) 10 Basic Investigation Course for Promotee Sub-Inspectors of 3 weeks Promotee Sub-Inspectors CBI (who have not attended Basic Course of SIs) REFRESHER COURSES 11 Refresher Course ASIs of CBI 1 week 12 Refresher Course Constables & Head 1 week Constables of CBI 13 Refresher Course Handling of Cash & Accts for 2 days all ministerial staff 14 Refresher Course UDCs of CBI 1 week 15 Refresher Course for Law APP, PP, and Sr.PP of CBI 1 week officers of CBI 16 Refresher Course for SCS/PAs of CBI 1 week SCS/PAs 17 Refresher Course for LDCs LDCs of CBI 1 week 18 Refresher Course for Hd. Hd Clks & CAs of CBI 1 week Clerk and CAs ANTI-CORRUPTION COURSES 19 Investigation of Insprs to Addl.SsP of CBI 1 week Disproportionate Assets & ACB Branches & of State Trap Cases Police 20 Investigation of Cases of Insprs. to Addl.SsP of CBI 1 week Abuse of Official Position in ACB Branches Addl.SsP of Award of Contracts, State Anticorruption CB(CID) Purchases, Procurement and Vig. Dealing with such cases Sub-Standard Construction 21 Anti-Corruption Laws and SsP of CBI and of State Police 1 week
Page 394 of 394
Investigation including appreciation of Evidence in Anti-Corruption Cases CYBER CRIME COURSES 22 Investigation of Cyber Crime 23
Investigation of Cyber Crime
ECONOMIC OFFENCES COURSES 24 Investigation of Economic Offences
dealing with Anti-Corruption Cases & DIsG of State dealing with such cases Inspr. to Addl.SsP of CBI & of State Police SsP & above of CBI and of State Police
Insprs to Addl.SsP of CBI and of State ACB/EOW Branches, APP, PP, and Sr.PP of CBI 25 Investigation of Bank Fraud Insprs to Addl.SsP of CBI, Cases ACB/EOW Branches, APP PP, and Sr.PP of CBI CONVENTIONAL & TERRORIST CRIME COURSES 26 Investigation of Homicide Insprs to Addl.SsP of CBI Cases including Custodial posted to the branches Crime and Capsule on investigating such cases Human Rights SCIENTIFIC INVESTIGATION COURSES 27 Scientific Aids to Investigation SIs to Addl. SP of CBI and State Police posted in investigation units 28 Scientific Interrogation SIs to Addl. SP of CBI and Techniques State Police posted in investigation units VIGILANCE COURSES 29 Vigilance Course for Junior VOs(upto Manager level ) of Vigilance Officials PSUs, Insprs. to Dy..SsP of CBI and of State Police 30 Vigilance Course for middle Sr. Managers to DGM of level vigilance officials PSUs, Addl.SsP of CBI and State Police 31 Vigilance Course for CVOs CVOs of PSUs & Banks 32 Departmental Enquiries : Insprs to ASP of CBI, VOs to Vigilance Managers of PSUs and Dy.SsP/ Addl. SP of State Police and CPOs handling DEs COMPUTER COURSES 33 Computer Familiarisation SIs to Addl. SP, OS , APP to Course Sr.PP of CBI 34 Computer Familiarisation Const. to ASI Course 35 Computer Familiarisation LDC to CA of CBI & CFSL Course 36 Data base course on Lotus D.E.Os and all ranks already Approach trained in Windows NT VERTICAL INTERACTION COURSE 37 Vertical Interaction Course IPS & other Senior Police (sponsored by BPR&D) Officers SEMINAR/WORKSHOPS 38 Seminar/Workshop for IT for SsP, DIsG, JDs of CBI CBI Officers
1 week 1 week
1 week
1 week
1 week
1 week
1 week
1 week
1 week
1 week 1 week
1 week 1 week 1 week
1 week
3 days
Page 395 of 395
39
40
International Seminar on “Prosecution of Corruption”
Seminar/workshop on AntiCorruption Laws and Investigation 41 Seminar/Workshop on "Economic Offences" 42 Seminar/Workshop on "Investigation of Special Crime Cases- Difficulties & Challenges" OTHER COURSES 43 Investigation Abroad
44 45 46 47
48
Prosecutors from signatories 3 days countries to ADB-OECD Anti Corruption initiative SsP, DIsG & JDs, DLAs & 2 days ALAs of CBI SsP, DIsG, JDs, DLAs, ALAs of CBI SsP, DIsG, DLAs, ALAs of CBI
2 days 2 days
Dy.SP, SP &Law Officers of 3 days CBI And State Police dealing with such cases Course for DDOs OS, Dy.SP & Addl.SsP of CBI 3 days Course for Retiring employees Officers & Staff of CBI 2 days retiring within one year Attachment of IPS(Officers IPS(OTs) of 53rd-RR Trainees) (on request from NPA) Visits of Officers from Indian On request from concerned agencies. Air Force, BSF, IB UP Police etc. Course on Driving and Traffic In-service Drivers of CBI Rules
Page 396 of 396
Annexure - VI
CHECKLIST OF POINTS FOR CONSIDERATION (G.I.MHA (D.P.&A.R.) O.M.No.24011-1/76-Estt. (B) dated the 17th May, 1976) Part-I1. 2.
3.
4. 5. 6.
7.
8. 9.
General Information
Name and present designation : Post held including name of establishment : i) substantive ii) officiating Any post, other than the present appointment, held during 6 months prior to the month in which resignation is tendered. Permanent residential address : Part-II - Points to be checked up before accepting resignation The date on which the Government servant wants to be relieved from service. (i) Whether any inquiry or investigation or disciplinary case is pending or contemplated. (ii) Whether under suspension : Whether the Government servant concerned has executed any Bond for serving the Government for a specified number of years on account of his being given specialised training, fellowship/scholarship for studies or deputed for training whether in India or abroad, and if so, the Bond period is over. Time required for filling up the post and/or making alternative arrangements : Authority competent to accept resignation i.e. appointing authority :
Part-III - If the resignation is accepted, points to be checked up before relieving the Government servant. 10. Whether alternative arrangements have been made for discharge of the duties of the post including arrangements for taking over charge of cash/stores in the custody of Government servant (wherever applicable) Controlling Officer : 11. Whether the Government servant has surrendered and obtained ‘No Demand Certificates’ in respect of (i) MHA/Departmental Identity Card (ii) Library Cards/Tokens of the Central Sectt. Library and/or Departmental Library etc.
Page 397 of 397
(iii) CGHS Identity Card (iv) Typewriters, brief cases, cycles, Liveries, etc (wherever applicable) (v) Headgear set and locker in case of TO and other tools in case of other cadres. 12. Arrangement made for recovery of outstanding advances/loans, if any, taken or any other category of dues, viz.(i) Training Allowance paid to the official : (ii) House Building Advance : (iii) Advance for purchase of Motor Car/Motor Cycle/Scooter/Cycle : (iv) Festival Advance/Flood Advance : (v) Any other dues, such as :(a) Amounts due to be recovered from or settled by, the employee in respect of money/material entrusted to him in the course of his official duties in this or earlier posts : (b) Recoveries ordered to be made as a result of disciplinary proceedings 13. Whether the Government servant is in occupation of Government accommodation. If so, whether the dues in respect of such accommodation (including electrical appliances, etc.) have been settled and a No Demand Certificate obtained. 14. Whether accounts in respect of water and electricity charges in respect of Government accommodation held by the Government servant have been settled with the concerned Municipality/Corporation. 15. In case where the Government servant has not been in occupation of any Government residential accommodation during the service, whether ‘No Demand Certificate’ has been issued by the Ministry/Department as required in Ministry of W.H.&R. Memo NO.15-362-A.C.C.I, dated the 19th October, 1963 16.
17.
18.
Whether any cash deposit/security of sufficient value has been taken where it is not found possible to make a correct assessment of the dues immediately. Leave sanctioned to the official from previous halfyear and any leave sanctioned extra, if so leave salary paid. The Personal File and Service Book may also be forwarded Any other section concerned :
Page 398 of 398
Annexure - VII
MOST IMMEDIATE No.DP AD 4 2000/87/8/1/2000 CENTRAL BUREAU OF INVESTIGATION Government of India Block No.3, 4th Floor, CGO Complex, Lodhi Road, NEW DELHI-110 003. Dated 04-02-2000. To 1.
The Spl. Director (S) & (E), Central Bureau of Investigation New Delhi.
2.
All Joint Directors, Central Bureau of Investigation, (Delhi based and outside Delhi)
3.
The Supdt.of Police, CBI, All Branches located in Delhi and outside.
Sub.: Delegation/Re-delegation of Financial and Administrative Powers to Special Directors and Joint Directors, CBI. Sir, The proposal regarding Delegation of Financial Powers to the Special Directors and the Joint Directors of the CBI has been under consideration for some time. The existing scheme of delegation of Financial Powers to Zonal JDs has been reviewed with a view to have greater delegation of financial responsibility and expeditious disposal of business. Accordingly in continuation of Head Office Circular No(s) A-22020/32/92-AD.IV dt.27-0295 and 27/28/95/AD.V dt.28-11-96, it has now been decided, in exercise of the powers conferred vide Rule - 13(2) of the Delegation of Financial Powers Rules, 1978, by the Director/CBI to delegate more Financial and Administrative Powers to all the Joint Directors and Special Directors, CBI to the extent as indicated against each item of the Statement annexed to this letter. 2. The delegation/re-delegation is subject to restrictions, stipulations or instructions that may be issued by the Government from time to time. 3. The Director, CBI has desired that all Joint Directors/CBI and Special Directors will ensure that the powers are exercised properly. Yours faithfully, Sd/(Vivek Dube)
Page 399 of 399
Dy. Director (Admn./CBI Encl.: As above.
Copy to :1. 2. 3. 4. 5. 6.
PS to Director, CBI. All DIsG/Dy. Directors/DD(CO), CBI. Administrative Officer (A) and (E), AIG (P)CBI, Nsew Delhi. Accounts Officer, PAO, CBI, New Delhi. All Sections/Zones/Divisions, CBI. Guard File (AD.IV Section).
Page 400 of 400
STATEMENT SHOWING THE FINANCIAL AND ADMINISTRATIVE POWERS OF THE JOINT DIRECTORS AND SPECIAL DIRECTORS OF C B I
Sl.No.
1
2
3
4
5
Nature of Powers.
All Joint Spl.Director(S)/ CBI Directors/CBI & Spl. Director(E)/ CBI
Remarks
SANCTION OF LEAVE Sanction of all Full Powers kinds of leave to for grant of officers leave upto the rank of SsP.
Full Powers to Leave matters Special Director concerning to JDs (S) & (E) in and above will respect of DIsG continue to be working under submitted to the them. Director, CBI. PERMISSION FOR HIGHER STUDIES AND TO OBTAIN PASSPORT. Permission for -Full Powers to The matters in higher studies/ SDCBI (S) respect of officers vocational courses above the rank of and NOC for DIG will continue to obtaining passport be submitted to the in respect of officers Directror/CBI. upto the rank of DIG and Administrative Officers. ADVANCE/WITHDRAWAL FROM PF TO IPS OFFICERS Sanction of -Full Powers to The cases concerning Advance/Withdrawal SDCBI(S) JDs and above for from GPF to IPS sanction of officers under advance/withdrawals AIS(PF) Rules upto under AIS (Rules) the rank of DIsG. will continue to be submitted to the DCBI.
HOUSE BUILDING ADVANCE Grant of House -Building Advance to officers of and above the rank of DIG.
Full Powers to SDCBI (S)
MOTOR CAR/COMPUTER ADVANCE Sanction of -Full Powers to Motor Car SDCBI(S) Advance/
Powers to sanction HBA to officers below the rank of DIG are already delegated to JD (Admn.), CBI, HO.
Powers to sanction Motor Car Advance to officers below the rank of DIG
Page 401 of 401
6
7
Computer Advance to JDs POSTING/TRANSFER Posting/Transfer of all Group 'A' Officers viz. Dy. Supdts. of Police and Law Officers (Sr.PP to ALA) except Ss.P and above.
are already delegated to JD(A), CBI, HO. --
Full Powers to Spl. Directors (S) and Special Director (E) in respect of officers working under their control only.
MEDICAL CLAIMS Process claims Full Powers. under CS(MA) Rules, CGHS Rules, condonation of delay and settlement of medical claims etc. of the staff members of the Central Bureau of Investigation upto the level of DIG, Ministerial Staff and their family members.
--
The cases of Transfer of Dy. SsP and Law Officers (Sr.PP to ALA) outside the jurisdiction of SD, CBI (S) and (E) will be decided in co-ordination meeting to be held between the two Special Directors, which may be held once in a month. The cases concerning JDs and above will continue to be submitted to the DCBI. The delegation/ redelegation is subject to the restrictions, stipulations or instructions that may be issued by the Ministry of Health & F.W/ DGHS/CGHS from time to time.
Annexure - VIII
FORM NO 24 (See Rule 32) Form of certificate of verification of service for pension No_______________________ Government of India Ministry of ________________ Department of _____________ Dated_____________________ Certificate It is clarified, in consultation with the Accounts Officer, that Shri......... Designation.......... has completed a qualifying service of........ years ............months............days as on............(date), as per details given below. The service has been verified on the basis of his service documents and in accordance with the rules regarding qualifying service in force at present. The verification of service under sub rules (1) and (2) of Rule 32 of
Page 402 of 402
the Central Civil Services(Pension) Rules 1972, shall be treated as final and shall not be re-opened except when necessitated by a subsequent change in the rules and orders governing the conditions under which the service qualifies for pension.
DETAILS OF QUALIFYING SERVICE ___________________________________________________________________________ __ To From ___________________________________________________________________________ __ 1. 2. 3. ___________________________________________________________________________ __
Signature of Head of Office To Shri______________ (Name & Designation)
Page 403 of 403
Annexure - IX MODEL CALCULATION-1 FAMILY PENSION & DEATH GRATUITY CALCULATION MEMO IN RESPECT OF SHRI AAA DESIGNATION BBB, CBI EXPIRED ON 09.09.1999 I.
Date of birth: 23.04.1941 Date of appointment: 05.04.1963 Date of death: 09.09.1999 Last pay drawn Rs. 6025/-
II. QUALIFYING SERVICE: Gross service w.e.f. 05.04.1963 to 09.09.1999 Non-qualifying service NET SERVICE III.
Y 36
M 5
D 4
36
5
4
FAMILY PENSION Emoluments last (pay) drawn = Family Pension admissible @30%
i)
ii)
IV)
Rs.6025/-
= Rs.1808-00 6025 x30 100 Family pension at Enhanced Rate 10.09.1999 to 09.09.2006 (7 years) Rs.1808 x 2 = Rs.3616/- but or attaining the age of 67 years limited to Rs.3013/- i.e. 50% of whichever is earlier the last pay drawn. Family Pension at Normal Rate 10.09.2006 onward DEATH GRATUITY: Basic Pay DA @ 37%
Rs.1808/-
TOTAL
Rs.6025-00 Rs.2229-00 Rs.8254-00
Rs.8254 x 33
Rs.2,72,382-00 Sd/Head of Office CBI
Page 404 of 404
MODEL CALCULATION – 2 PENSION, COMMUTED VALUE OF PENSION, RETIREMENT GRATUITY & FAMILY PENSION CALCULATION MEMO IN RESPECT OF SHRI CCC DESIGNATION DDD, CBI RETIRING ON 31.05.2002 ON SUPERANNUATION
Date of birth: 20.05.1942 Date of appointment: 03.09.1970 Date of retirement: 31.05.2002 Pay as on 1.10.2000 Rs. 8300/Pay as on 1.10.2001 Rs. 8500/Pay on the date of retirement Rs. 8500/I.
Gross Service w.e.f. 03.09.1970 to 31.05.2002 Non-qualifying service Total Service
31
Yr. 31 -
M 8 -
8
D 28 28 or say 63 SMPs
II:
AVERAGE EMOLUMENTS
i) ii)
01.08.2001 to 01.10.2001 to
A.E.
30.09.2001 @Rs.8300 x 2= 31.05.2002 @Rs.8500 x 8= Total =
= 84,600 10
Rs.16,600-00 Rs.68,000-00 Rs.84,600-00
= Rs.8,460-00
III:
PENSION
i)
Pension admissible for maximum: qualifying service
ii) Pension admissible for Rs.4037.72 63 Six Monthly Period
8460 x 66 2 x 66
=
8460 x 63
=
2
Rs.4230-00
x 66
or say Rs.403800
IV.
V.
VI.
COMMUTATION 40% of Rs.4038 1615 x 12 x 9.81
= =
Rs.1615/Rs.1,90,117.80
RESIDUARY PENSION: Rs.4038 (-) Rs.1615
=
Rs.2423-00
RETIREMENT GRATUITY: Basic Pay Rs. 8500-00 DA @45% Rs. 3825-00 Rs.12,325-00
Page 405 of 405
12,325x63 4 VII.
=
Rs.1,94,118.75/- or say Rs.1,94,119-00
FAMILY PENSION (IN CASE OF DEATH OF PENSIONER): 30% of the last pay drawn (Rs.8500-00) 8500 x 30 100
=
Rs.2550-00
Family Pension at enhanced rate:Rs.2550 x 2 = Rs.5100/but limited to Rs.4038/- i.e. pension authorised on the date of retirement. (7 years or the age of 67 yrs. whichever is earlier) Family Pension at Normal Rate thereafter
Rs.2550/-
Sd/Head of Office CBI
Page 406 of 406
Annexure – X(A) No.240/1/96-AVD.II GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS DEPARTMENT OF PERSONNEL & TRAINING NEW DELHI DATED :
03.10.96
To The Director, Central Bureau of Investigation New Delhi Sub:- Delegation of financial powers Rules 1978 - Enhancement of Powers of DCBI. Sir, I am directed to convey the sanction of the President to the delegation of enhanced powers to the Director,CBI for according administrative approval and expenditure sanction for execution of works as specified in Annexure ’A'. 2. This order relating to delegation of enhanced powers is subject to the provisions contained in DFP Rules, GFRs and other instruction issued from time to time. 3. This letter issues with the concurrence of Ministry of Home Affairs vide their Dy. No.7334/JS/Fin(P) dated 1.10.96.
Yours faithfully sd/( Jaswant Singh) UNDER SECRETARY TO THE GOVT. OF INDIA
Page 407 of 407
STATEMENT SHOWING ENHANCED DELEGATION OF POWERS TO DCBI SL NO NATURE OF POWER
EXISTING POWERS OF DCBI
ENHANCED TO
1.
Recurring Rs. 10,000/- p.a. in each case
Recurring Rs.30,000/- p.a. in each case
Contingent Expenditure
2.
Local purchase of Stationery
3.
Petty repairs
Non-Recurring Rs.40,000/- p.a. in each case
Non-Recurring Rs.60,000/- p.a. in each case
Rs.40,000/- p.a.
Rs.50,000/- p.a.
Rs.10,000/- in each case Rs.20.000/-in each case
4. Major and Minor works Rs.30
Nil
Major Work : lakh in each
case Minor Work :Rs.2 Lakh in each case.
FINANCIAL POWERS OF THE DIRECTOR / CENTRAL BUREAU OF INVESTIGATION S.No
Item
1
Bicycle
2
Conveyance Hire
Govt. Order of delegation
Monetary Remarks limit upto which expenditure can be incurred Item No.1 of Full Powers As per Scales Annex ure to prescribed in Schedule V of Col.4 of DFP Rules Schedule V to 1978 DFP Rules 1978 Item No.3 of The conveyance Annexure to hire charges Schedule V of actually paid DFP Rules, may be 1978 reimbursed to a Gazetted /nongazetted Govt. servant who performs
Page 408 of 408
journey in public interest within the municipal limits of the city in which his H.Q. is situated, in a conveyance when a staff car is not available. Provided that where travelling allowance is also admissible for such a journey, it will be open to the officers either to claim reimbursement of the conveyance hire under these rules or travelling allowance under Travelling Allowance. Provided further that the reimbursement of the conveyance hire shall be subject to the conditions laid down in Col.4 of Schedule V to DFP Rules, 78. 4
5
Electric Gas and Water Item No.4 of Full Powers Charges. Annexure to Schedule V to DFP Rules, 1978 Fixture and furniture , Item No 5 of Full Powers purchase and repairs Annexure to Schedule V of DFP Rules, 1978
The exercise of this power shall be subject to such conditions and scales as may be prescribed by the Min. of
Page 409 of 409
Works Housing. 6
and
FREIGHT AND DEMURRAGE / WHARFAGE CHARGES (i) Freight Charges Item No.6 (i) of Full Powers Annex ure to Schedule V of DFP Rules, 1978 (ii)Demurrage/Wharfage charges Item 6(ii) of Full Powers Annex ure to Schedule V of DFP Rules, 1978
7
8
Hire of Office furniture, electric fans, heaters, coolers, clocks and call bells.
Item No.7 of Annex ure to Schedule V of DFP Rules, 1978 Legal Charges Item No.9(i) of (i) Fees to Barristers, Annex ure to Advocates, Pleaders, Schedule V of Arbitrators and DFP Rules, Umpires. 1978
Item No.9(ii) (a) Law suites or prosecutions cases.
(ii)Other Legal Charges
In case of airlifting of stores exceeding Rs.1000/should be reported to the next higher Administrative Authority / DP&T.
Each case exceeding Rs.1000/should be reported to Min./Deptt. Full Powers Subject to observance of all the relevant Govt. Rules in force. Full Powers Subject to conditions /scales laid down in Col.4 of the Annex ure to Schedule V of DFP Rules, Full Powers 1978 in case of authorities vested with As per powers to conditions sanction the provided in institution of Col.4 of the suit or Annex ure to prosecution; Schedule V to otherwise DFP Rules, Rs.5000/- in 1978. each case.
Item No.9 (ii) (b) Arbitration Full Powers in case of Cases authorities vested with powers to refer cases to As
per
Page 410 of 410
arbitration otherwise Rs.1,00,000/in each case.
9
Engagement of Spl. Counsel on behalf of CBI to contest the criminal cases
Payment of fee to Spl. Counsels for the courts at Delhi, Mumbai, Calcutta and Chennai Payment of fee to Spl. counsels for the courts at other stations.
DP&T Letter Full Powers No.225/2/95AVD-II dated 30.1.97 circulated vide DCB letter No.2/97/DCBI/ Pers/338 dated 4.2.97 -do-
-do-
conditions provided in Col.4 of Schedule V to DFP Rules, 1978. Subject to observance of Scheme circulated by Legal Division /CBI.
Sr. Counsels Rs.3500/per day. The Counsels should be appointed with Jr. Counsels the prior Rs.1750/approval of the per day Director, CBI. -do-
10
MOTOR VEHICLES (iii)Maintenance, Upkeep and repairs.
rates
and
Item No.10 (iii) of Annexure to Schedule V of DFP Rules , 1978. Item No.11 of Annexure to Schedule V of DFP Rules, 1978 Item No.12 (ii) of Annexure to Schedule V of DFP Rules, 1978
Full Powers --
Full Powers
11
Municipal taxes
12
Rs.30,000/Petty Works and Repair in each case. i) Execution of Petty Works and special repairs to Govt. owned building including sanitary fittings, water supply and electrical Item No.12(iii) Full Powers installation in such of Annexure to buildings and repairs. Schedule V of DFP Rules, (ii) Ordinary repairs to 1978 Government Buildings Non(iii) Repair and recurring alteration to hired and Rs.30,000/requisitioned buildings per annum Recurring Rs.6,000/per annum
Subject to observant of all the relevant Govt. rules. As per conditions laid down in col. 4 of the Schedule V of DFP Rules, 1978
Subject to the conditions laid down in col.4 of Schedule V of DFP Rules,
Page 411 of 411
1978 13
Postal and Telegraph Charges : (i) Charges for the issue Item No.13(i) of Full Powers of letters , telegraphs Annexure to etc. Schedule V of DFP Rules, (ii)Commission on 1978 Money Orders Item No.13(ii) of Annex ure to Schedule V of DFP Rules, 1978
14
Printing and Binding
15
Publication (i) Official Publication
16
Item No.14 of Annexure to Schedule V of DFP Rules, 1978.
Full Powers where work executed through or with the approval of Director of Printing. In the case of local printing and binding Rs.20,000/per annum.
Item No.15(i) of Full Powers Annexure to Schedule V of DFP Rules, 1978
(ii) Non-official Publication Item No.15(ii) of Annexure to Schedule V of DFP Rules, 1978. RENT (i) Ordinary Office Item No.16(i) (a) accommodation of Annexure to (a) Where the Schedule V of accommodation is DFP Rules, entirely utilised for the 1978 office. Lr. No. 11011/18/86Fin.II (MHA) dated 26.12.86. (b) Where the accommodation is used partly as office and Item No.16(i)(b) of Annexure to partly as residence Schedule V of
Subject to the conditions laid down in Col.4 of the schedule V of DFP Rules, 1978. Subject to the conditions laid down in Col.4 of the Schedule V of DFP Rules, 1978. Subject to the conditions laid down in col.4 of the Annexure to Schedule V of DFP Rules, 1978.
Subject to conditions laid down in col.4 of the schedule V of DFP Rules, 1978
Full Powers --do -
A1 = Rs. 25000/- p.m. A, B1 & B2 = Rs. 10000/p.m. C = Rs. 6000/- p.m. Unclassified = Rs. 4000/p.m. A1 = Rs.6000/p.m. A B1 B2 =
Normally the Central Public Works Department should hire accommodation required for public purposes and also enter into the lease deeds and pay the rent. The powers is an exception this
Page 412 of 412
DFP Rules, 1978 (ii) For residential and other purposes Item No.16(ii) of Annexure to Schedule V of DFP Rules, 1978
17
18
19
Repairs and removal of machinery ( where the expenditure is not of a capital nature ) Rewards , Fees, Bonus etc. ( other than fee or honoraria granted to Government servants under the service Rules ) Honorarium
Rs.5000 p.m. general and principle C = Rs.3000 shall be p.m. exercised subject to the A1= Rs.1200 conditions laid p.m. down in col.4 of Annexure to A B1 B2 = Rs. 800 p.m. Schedule V of C= Rs.400 DFP Rules, p.m. 1978. Others =Rs.200 p.m. Full Powers
Item No.17 of Annexure to Schedule V of DFP Rules, 1978. Lr. No. Full Powers 11011/12/81- within the Fin.II (MHA) budget limits. dated 19.5.81.
20
Staff paid Contingencies
from Item No.20 of Annexure to Schedule V of DFP Rules, 1978.
21
Local purchase of Petty DP&T Letter Stationary Stores No.240/1/96AVD.II dated 3.10.96
22
Local purchase of Item No.21(c) of rubber stamps and Annexure to office seals. Schedule V of DFP Rules1978.
Rs.2,500/Subject to p.a. to a Govt. observance of servant. all the relevant rules. Full Powers Remuneration of such staff shall be regulated in accordance with general or special orders issued by President in this behalf. Rs.100000/- As per per annum provisions laid down in col.4 against item No.21 of Schedule V to DFP Rules, 1978. Full Powers To avoid the possibility of counterfeiting of stamps and seals by a dealer , purchases shall be made with caution and from firms of repute only.
Page 413 of 413
23
STORES (I) Stores required for Item 22(i) of Full Powers works Annex ure to Schedule V of DFP Rules 1978. (ii) Other Stores i.e. stores required for the Item No.22(ii) of Full Powers working of an Annexure to establishment, Schedule V to instrument and DFP Rules apparatus. 1978.
24
Supply of uniforms, badges and other articles of clothing etc. and washing allowance
Item No.23of Full Powers Annexure to Schedule V to DFP Rules 1978.
25
Telephone Charges
Item No.24 of Full Powers Annexure to Schedule V of DFP Rules1978.
26
Purchase, Upkeep & Repair of all office equipment including typewriters, Electronic typewriters, delicate word processors, Intercom equipment, calculators, electronic stencil cutters, Dictaphone, tape recorders, photocopiers, copying machines, franking machines, addressographs, filing and indexing systems, etc. excluding computers of all kinds.
Item No.26(a) (i) Full Powers of Annexure to Schedule V of DFP Rules1978.
27
(i) Computers Item No.26(A) Rs.1.00 lakh (including personal (ii) of Annexure computers purchase ) to Schedule V of DFP Rules 1978 . (ii) Hire and Full Powers maintenance of Item No.2(b) of computers of all kinds Annexure to Schedule V of
The sanction of a competent authority for executing the work carries with it the sanction for incurring necessary expenditure on the purchase of stores required for the work. As per provisions laid down in col.4 against the item of Schedule V to DFP Rules 1978. As per provisions laid down in col.4 against the item of Schedule V to DFP Rules1978. The expenditure on the purchase , hire, upkeep of and repairs to such machines shall be incurred subject to general or special orders issued by the Ministry of Finance or Department of Supply from time to time in this behalf. Subject to provisions laid down in col.4 against the item of Schedule V to DFP Rule1978.
Page 414 of 414
DFP 1978.
28
CONTINGENT EXPENDITURE (Table in Schedule V to Delegation of Financial Powers Rules applicable to item not specified in the Annexure to Schedule V of DFP Rule-1978).
29
MAJOR WORKS
30
Minor Works
31
Incurring of Miscellaneous Expenditure including expenditure on light refreshments.
32
Write off of Losses (Stores, Public Money )
Loss of irrecoverable loans and advances
33
Rules-
Subject to provisions laid down in col.4 against the Item of Schedule V to DFP Rules1978. DP&T letter NonNo contingent No.240/1/96- recurring or AVD.II dated Rs.60,000/- miscellaneous 3.10.1996 p.a. in each expenditure of case. an unusual character or involving any departure from the rules , Recurring Rs.30,000/- orders , p.a. in each restrictions or case. scales prescribed shall be incurred.
--do-letter Rs.30.00 Subject to DP&T No.240/1/96- lakhs in each observations of AVD.II dated case. all the relevant 3.10.1996 Govt. Rules in force. DP&T letter Rs.2.00 lakhs Subject to No.240/1/96- in each case. observations of AVD.II dated all the relevant 3.10.1996 Govt. Rules in force. Schedule VI of Recurring Subject to DFP Rules - Rs.5,000/- a observance of 1978 and Note year Schedule VI of thereunder. NonDFP Rules, recurring 1978. Rs.20,000/Schedule VII Rs.50,000/- Subject to of the DFP for losses of observance of Rules, 1978 stores not Schedule VII of and notes due to theft, DFP Rulesthereunder. fraud or 1978. negligence Rs.20,000/for other cases.
Rs.10,000/-doTravel by air by non- DP&T letter 150 entitled officers of CBI No.240/2/93- personnel in including accused AVD.II dated a year /witness. 6.6.97.
As the Director , CBI has powers to allow travel by air to
Page 415 of 415
34
Reimbursement of amount equivalent to trap money to the complainants seized by CBI in a trap
DP&T letter Full Powers No. 245/32/97AVD.II dated 3.12.1997 circulated vide HO letter No. 23/6/94Ad.IV dated 05.03.1998
non-entitled officers upto 150 cases in a year, nonentitled officers should not be permitted to travel by air and in case of extreme urgency such officer have to take prior approval of their concerned Joint Director and proposal for ex-postfacto sanction be sent to Head Office with a copy of prior approval of the concerned Joint Director, CBI. Reimbursement should not be made as a matter of routine but in rare and exceptional circumstances for reasons to be recorded in writing and as per procedure laid down vide HO letter No. 23/6/94-Ad.IV dated 23.6.94.
D.F.P.Rule, 1978 = Delegation of Financial Powers Rules –1978
Annexure – X(B) No.240/2/93-AVD.II GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS DEPARTMENT OF PERSONNEL & TRAINING NEW DELHI Dated: 06.06.97
Page 416 of 416
To The Director, Central Bureau of investigation, New Delhi ( Attention: Shri R. S. Arora, DD(A) ) Sub: Delegation of powers to DCBI to allow Air Journey to non-entitled officers of CBI Sir, With reference to CBI's ID NO.3/3/87-Hindi dated.3.2.97 and in partial modification of this Department's letter No.240/1/89-AVD.II dated.4.1.1991 on the subject noted above. I am directed to convey the sanction of the President to enhance the delegated powers of Director CBI from the 60 non-entitled personnel to 150 non-entitled personnel of CBI for performing air travel in a year in public interest. 2. The terms and conditions for allowing journey by air to non-entitled personnel will remain unchanged as mentioned in DOP&T letter No.240/1/89-AVD.II date4d.30.5.89. 3. This issues with the approval of Ministry of Finance vide ID No.217/E.IV/97 dated 23.5.1997 and IFD Dy. No.1723/97.Fin.II dated the 5th June,1997.
Yours faithfully Sd/(Hari Singh ) Under Secretary to the Govt. of India
Annexure – X(C) No.205/26/98-AVD.II Government of India Ministry of Personnel,Public Grievances and Pension Department of Personnel & Training New Delhi Dated: 22 January, 1999 To, The Controller of Accounts, Department of personnel and Training, New Delhi
Page 417 of 417
Sub: Delegation of financial powers to the Director, CBI as Head of the Department for condemnation of government vehicles. Sir, With reference to CBI's U.O. No.14/6/83-AD.II, dated the 21.9.98 and in continuation of this Department's letter No.205/1/95-AVD.II dated.23.3.1995, I am directed to convey the sanction of the President to the extension of delegation of powers to condemn Government vehicles up to the monetary ceiling of Rs.2,00,000/- (Rupees two lakh only) in each case, subject to conditions mentioned in Schedule VII of Delegation of Financial Powers Rules , 1978, being satisfied, to Director, Central Bureau of Investigation for a further period from 1.1.1999 to 31.12.2002. 2. In case further extension of these orders is considered necessary, a proposal may be made out by Director, CBI and referred to this Department well in advance before the expiry of the said period. 3. The above delegation of powers will be further subject to other general orders /instructions issued by the government from time to time. 4. This issues with the concurrence of the Ministry of finance, Department of Expenditure vide their U.O. No.3/3-E.II(A)/99 dated 11.1.99 and IFD's Dy. No.185/99-Fin.II dated. 14.1.99. Yours faithfully, Sd/( HARI SINGH ) UNDER SECRETARY TO THE GOVERNMENT OF INDIA
Page 418 of 418
Annexure – XI(A)
No. 29/1/96-AD.III Central Bureau of Investigation (Administration Division) Block-3, CGO Complex New Delhi-110003 December 26, 1997
CIRCULAR The rewards are sanctioned to CBI officers as a recognition of extraordinary efforts made by them and for exemplary initiative shown in accomplishing a special task assigned to them. Similarly, the Commendation Letters are intended to motivate the officers and staff to put in their best and achieve excellence in their assigned duties. However, the rewards and commendation letter must not be given for performing routine duties and normal task expected of an officer. While sanctioning and proposing rewards, the officer must bear in mind that executive officers from the rank of Constable to Inspector are being given one month extra salary for working beyond office hours and on holidays. 2. In order to bring in uniformity in the sanction of rewards and issue of commendation letter the following instructions are issued to be strictly followed by the officers proposing and sanctioning rewards. a)
Group ‘A’ gazetted officers shall not be sanctioned cash rewards. In case it is proposed to give cash reward to Group ‘A’ gazetted officers for certain exceptional achievements beyond the call of normal duty, a self-contained proposal with full justification may be submitted to DCBI through concerned supervisory officer for referring the same to Government for sanction. The notable efforts and achievements of Group ‘A’ officers can be appreciated by way of issue of Commendation Letters/Letter of Appreciation which the supervising officer may propose to the concerned Addl. Director/Special Director/Director as the case may be. The Commendation Letters/Letter of Appreciation are to be placed in the personal file/Service Books only on prior approval of Director, CBI.
b)
The proposal for rewards must be submitted normally within one week from the date of completion of task for ensuring prompt recognition of commendable work done by an officer.
c)
Rewards could be given and proposed for the following achievements and accomplishments:
For showing extraordinary initiative and painstaking efforts in accomplishing the assigned task.
Notable efforts of officers in detection of difficult case in a record time.
Page 419 of 419
In a case which ends in exemplary conviction due to untiring efforts of an officer(s).
Arrest of an absconding accused vital to the investigation/trial of the case due to painstaking efforts by an officer.
Laying of a successful trap and getting conviction of the accused after meticulous planning by an officer or team of officers.
3. As mentioned in para 1, the officers must bear in mind that rewards are not proposed and sanctioned for the following:a) b) c)
Routine work by an officer/staff whether in the course of investigation or in the office. Normal investigation of the case and performing of the assigned job even beyond the normal office hours and on holidays. Any other job or assignment whether in the course of investigation and normally expected from an officer as part of his duties.
4. While sanctioning the rewards and commendations the following administrative guidelines must be kept in mind by the officers:i)
No officer must sanction reward to any individual officer in excess of his delegated financial powers as mentioned in the paras below. In case it is proposed to reward an officer beyond the delegated power, the proposal must be put up for sanction of the next higher authority or as the case may be.
ii)
The sanctioning authority should sanction rewards only in respect of officers/staff working under their administrative control.
iii)
If any officer intends to sanction reward to any officers not working under his administrative control, he may send his recommendations with full justification to the concerned competent authority for consideration and orders with regard to sanction of rewards to such officers. The order sanctioning rewards would be issued by the unit where officer is working at the time of disbursal.
iv)
Whenever reward is proposed to be granted to any employee/officer, the presenting officer as well as possible must give details of the previous rewards sanctioned to such employee or officer in the financial year.
v)
The sanctioning authority must keep in mind relevant Fundamental Rules as well as instructions issued by the Government and the Head Office from time to time.
vi)
vi) Drawing and Disbursing Officers (DDOs) should ensure that reward has been sanctioned by the competent authority. DDOs must maintain separate register for honorarium/reward in respect of each officer and staff. Before passing the bills and presenting the same to Pay and Accounts Officer, DDO should fully satisfy himself that various instructions issued from time to time and the restrictions if any have been complied with.
Page 420 of 420
The delegation of financial powers for sanction of rewards 5. The maximum amount of cash rewards that can be sanctioned to an officer on a single occasion- subject to the overall annual ceiling mentioned in para 8 below- is as follows:a)
Supdt. of Police/Asstt. Director/AIG
Constable Hd. Constable ASI Sub-Inspector Inspector b)
-
Rs. Rs. Rs. Rs. Rs
750/1,000/1,250/1,500/1,750/-
Rs. Rs. Rs. Rs. Rs
1,250/1,500/1,750/2,000/2,250/-
Joint Director
Constable Hd. Constable ASI Sub-Inspector Inspector d)
Rs. 500/Rs. 600/Rs. 750/Rs. 1,000/Rs 1500/-
DIG/Dy. Director
Constable Hd. Constable ASI Sub-Inspector Inspector c)
-
-
Addl. Director/Special Director
Constable Hd. Constable ASI Sub-Inspector Inspector
-
Rs. Rs. Rs. Rs. Rs
1,500/1,750/2,000/2,250/2,500/-
6. In case any officer wishes to grant reward more than his delegated power, he may forward the proposal to the next rank competent to sanction rewards of the proposed limit. Rewards to the drivers 7. Constables/Hd. Constables/ASIs employed for driving duties may be given cash reward of Rs. 750/- for good maintenance, economy of fuel and accident free driving for every 5000 kms. The maximum annual ceiling for sanction of cash rewards 8. The cash rewards are subject to following maximum annual ceiling and the officers proposing and sanctoning rewards must ensure that these limits are not exceeded. a)
Constable
-
Rs. 5,000/-
Page 421 of 421
b) Constable(Driver) Rs. 7,000/-* c) Hd. Constable Rs. 7,500/d) Hd. Const.(Driver) Rs. 8,000/-* e) ASI Rs 8,500/f) ASI (Driver) Rs. 9,000/g) SI Rs. 10,000/h) Inspector Rs. 12,250/*(Inclusive of good maintenance, economy of fuel and accident free driving rewards). 9. However, Director, CBI may sanction rewards more than the above limits on a specific proposal submitted with full justification in cases of exceptional achievements by the officers. This issues with the approval of DCBI. Sd/(N.R.Wasan) Dy. Director(Admn.) CBI/New Delhi To, 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
PS to Director, CBI. Ps to SDCBI. PS to ADCBI. All Joint Directors, CBI. All DIGs and Dy. Directors, CBI. All SsP, SP(HQ), SP(Trg.) and ADs/CBI. AO(P&AO), CBI/Delhi. AO(E)/AO(A)/CBI HO/Delhi. LA, DPIO, Tech. Adviser, Exe. Engr. and OSD (Computer). All Sections of Admn. Division, CBI, HO. 11. 11. Incharge Control Room, Delhi.
Annexure – XI(B)
No. 29/1/96-AD.III Central Bureau of Investigation (Administration Division) Block-3, CGO Complex New Delhi-110003 May 20, 1998 CIRCULAR In continuation of Head Office Circular of even number dated 26th December, 1997, it is clarified that Joint Director, Additional Director/Special Director could sanction cash reward to prosecuting staff i.e. APP, Group-B (Non-Gazetted) and PP, Group-B (Gazetted) in deserving and appropriate cases in which the prosecuting staff have shown exemplary and hard work resulting in exemplary conviction of the accused. The cash rewards would be subject to an annual ceiling. The maximum amount of cash reward that can be sanctioned to the officer on a single occasion subject to overall annual ceiling mentioned at para 2 below- is as follows:(a) Joint Director
Page 422 of 422
(b)
i) ii) Addl. i) ii)
APP, Gr-B (Non-Gazetted) PP, Gr-B (Gazetted) Director/Special Director APP, Gr-B (Non-Gazetted) PP, Gr-B (Gazetted)
Rs. 2000/Rs. 2500/Rs. 2500/Rs. 3000/-
2. The cash reward is subject to following maximum annual ceiling and the officers proposing and sanctioning rewards must ensure that these limits are not exceeded to:i) APP, Gr-B (Non-Gazetted) Rs. 12000/ii) PP, Gr-B (Gazetted) Rs. 15000/3. However, Director/CBI may sanction rewards more than the above limits on a specific proposal submitted with full justification in cases of exceptional achievements by an officer. 4. Other instructions contained in Head Office Circular No. 29/1/96AD.III dated December, 26, 1997, including those regarding grant of rewards of Group-A Gazetted Legal Officers vide sub-para (a) of para 2 would remain unchanged. This issues with the approval of DCBI. Sd/(N.R.Wasan) Dy. Director(Admn.) CBI/New Delhi
To, 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
PS to Director, CBI. Ps to SDCBI. PS to ADCBI. All Joint Directors, CBI. (Delhi & Outside Delhi). All DIGs and Dy. Directors, CBI (Delhi and Outside Delhi). All SsP/CBI, SP(HQ), SP(Trg.) and ADs/CBI. AO(P&AO), AGCR Building/Delhi. AO(E).AO(A)/CBI/HO/Delhi. LA, DPIO, Tech. Adviser, Exe. Engr. and OSD (Computer). OS/CBI/Legal Division, HO, Delhi. 11. 11. DSP (Hqrs)/CBI/HO.
Page 423 of 423
Annexure – XII(A) No. 29/1/96-AD.III Government of India Central Bureau of Investigation CGO Complex, Lodhi Road, New Delhi-110003
23 November, 1998 CIRCULAR A consolidated brochure containing detailed instructions/guidelines for sanction of reward to CBI Personnel was issued to all CBI Branches vide HO Standing Order No. 32 dated 27.12.1996. In modification to this Brochure, circular/instructions have been issued from time to time resting with Head Office Circular No. 29/1/96-AD.III dated 26.12.1997 and 20.05.1998 for strict compliance. In continuation of the above circulars/instructions, it is clarified that the Officers of the rank of SsP and above can sanction cash rewards to RSOs, Telephone Operator Assistants of MTNL and Junior Engineers of CPWD and other similar organisations of Government and Public Sector Undertakings, in deserving and appropriate cases, in which the RSOs, Telephone Operator Assistants and Junior Engineers have shown exemplary initiative and put in hard work. The cash rewards would be subject to overall annual ceilings in a financial year mentioned against the respective categories. Category of Maximum limit of officer reward that can be sanctioned on a single occasion. RSO Rs.1500/Rs. 1750/Rs. 2250/Rs. 2500/Full powers within budget limits. Junior Rs. 1000/Engineer Rs. 1500/(CPWD) Rs. 2000/Rs. 2250/Full powers within budget limits. Telephone Rs. 600/Operator Rs. 1000/Assistant Rs. 1500 (MTNL) Rs. 1750/Full powers within budget limits.
Sanctioning Authority
SP/Asstt. Director/AIG DIG/Dy. Director Joint Director Addl./Spl. Dir & Director
Maximum annual overall limit in a financial year. *Rs.12,250/-
SP/Asstt. Director/AIG DIG/Dy. Director Joint Director Addl./Spl. Dir & Director
*Rs.10,000/-
SP/Asstt. Director/AIG DIG/Dy. Director Joint Director Addl./Spl. Dir & Director
* Rs.7500/-
Page 424 of 424
Other Govt. Servants -
As considered suitable for grant of reward by Addl. Director, Spl. Director and Director, CBI.
Members of Public -
As announced/considered suitable with regard to the nature of work performed.
However, Director/CBI may sanction rewards more than the limits on a specific proposal submitted with full justification in case of exceptional achievements by an officer. Other instructions contained in Head Office Circular No. 29/1/96AD.III dated December, 26, 1997 would remain unchanged. This issues with the approval of Director, Central Bureau of Investigation.
Sd/(N.R.Wasan) Dy. Director (Admn.) CBI:New Delhi Copy to:1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
PS to Director, CBI. Pss to ADCBI/Delhi. All Joint Directors/CBI (Delhi & outside Delhi). All DIsG and Dy. Directors/CBI Delhi and outside Delhi. All SsP, CBI Branches located at Delhi and outside Delhi. SP(HQ), AIG(P), AD(CO) & AD(Interpol) CBI/Delhi. AO(E) and AO(A)/CBI/HO/Delhi. Legal Adviser/Dy. Principal Information Officer/CBI/Delhi. Technical Adviser/Ex. Engineer & OS (Computer), CBI/Delhi. DSP(HQ)/CBI/HO/Dellhi.
Annexure – XII(B)
MOST IMMEDIATE No.DPAD32000/5370/29/1/96-AD.III Central Bureau of Investigation (Administration Division) Block-3, CGO Complex New Delhi-110003 September 28, 2000 CIRCULAR DP & Trg. vide their letter No. 245/13/98-AVD.II dated 16.8.2000 have intimated that Government have approved the following scheme for grant of rewards to Group-A Gazetted Officers in the CBI.
Page 425 of 425
i)
Only Group ‘A’ officers of and below the rank of DSP/Sr.PP (pay scale of Rs. 8000-13500/-) will be eligible for cash rewards.
ii)
Cash Rewards to Group ‘A’ officers will be granted for work of exceptional merit in investigation or prosecution.
iii)
No cash reward would exceed the amount of Rs. 5000/- in a particular case. The total annual amount which may be granted to Group ‘A’ officer will not exceed Rs. 15000/-.
iv)
A Committee consisting of the Senior Most Special Director/Addl. Director (Chairman), a Joint Director and Legal Adviser, CBI will recommend for grant of cash rewards to Group ‘A’ Officers to DCBI who will take a final decision in the matter.
DP&T has further informed that this approval is subject to the existence of budget provisions and advised that a review of the effectiveness of the scheme may be carried out after a year and that they may be informed of the outcome. All Branch SsP of CBI and concerned Officers Incharge are requested that recommendations in respect of Group ‘A’ Gazetted Officer of CBI of and below the rank of DSP/Sr.PP (pay scale of Rs. 8000-13500/-) for the work of exceptional merit in investigation or prosecution may be sent through the concerned DIsG/JDs to the Administration Division for approval. Before sending recommendation, it may please be ensured that the amount of reward to an individual on a single occasion in a particular case should not exceed Rs. 5000/-. The total ceiling limit of cash reward for an individual in a financial year in fixed at Rs. 15,000/-. The Committee of the following officers has been constituted for recommending cash rewards for Group ‘A’ Gazetted Officers in CBI. 1. Special Director (S) Chairman 2. Joint Director (A) Member 3. Legal Advisor Member While recommending rewards, the above instructions may please be followed strictly.
Sd/(Vivek Dube) Dy. Director(Admn.) CBI/New Delhi Copy forwarded for favour of information and necessary action to:-
Page 426 of 426
To, 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.
PS to Director, CBI. Ps to SDCBI. PS to ADCBI. Sr.PA to all Joint Directors, CBI. All DIGs and Dy. Directors, CBI (Delhi and Outside Delhi). All SsP/CBI, SP(HQ), SP(Trg.) and ADs/CBI. AO(P&AO), AGCR Building/Delhi. AO(E).AO(A)/CBI/HO/Delhi. AIG(P)/CBI/HO. LA, DPIO, Tech. Adviser, Exe. Engr. and OSD (Computer). All Sections/Divisions/Zones/CBI/Delhi. DSP (Hqrs)/CBI/HO.
Sd/(Vivek Dube) Dy. Director(Admn.) CBI/New Delhi
Page 427 of 427
Annexure - XIII
STATEMENT SHOWING THE FINANCIAL POWERS AND ADMINISTRATIVE POWERS IN CENTRAL BUREAU OF INVESTIGATION INVESTIGATION ANNEXURE TO THE LETTER NO. 8/2/848/2/84-AD.IV dated 27.2.1986 to DPAD4 2002/702/8/6/2002 dated 18.09.2003 Sl.No NATURE OF POWERS
S.P.
.
working /
A.O. (A/E) DD(A) / DIG
including DIG (A)
declared
of
as Head of
Metropolitan
Office 1 1
2 Purchase of Bicycle for office use
2 3
Repair of Bicycle
Joint Director
Joint Directors AD/CBI
SDCBI
(Zonal)
Branches
3
4
5
6
Two Cycles Full Powers
--
--
Full Powers Full Powers
--
--
7
8
9
--
--
--
-
-
Conveyance Hire
-
(Subject to observance of conditions laid down in col.4 of item
Full Powers
--
--
--
-
--
-
No.3 of Annex ure to Schedule V of DFP Rules, 1978. 4
Electric, Gas and Water Charges
Full Powers Full Powers --
5
Beyond Purchase of furniture Rs.5,000/& fixtures
p.a.
-Beyond
Beyond
Rs.1,000/- Rs.1,000/-
Rs.5,000/-
Rs.5,000/- and
on each
and upto
and upto
upto
occasion
Rs.5000/- on Rs.20,000/- on Rs.20,000/- on
-
--
each occasion. each occasion. each occasion. 6
Upto Hiring of furniture
Rs.1,000/ Rs.2,000/p.a.
on each occasion.
Beyond
-
Beyond
Rs.2,000/-
Beyond
Rs.5,000/- and
and upto
Rs.5,000/- on
upto
-
Rs.5000/- on each occasion. Rs.20,000/- on each occasion.
each occasion.
Page 428 of 428
7
i)Fee to Advocates , Pleaders,A Legal Charges/ other legal charges (Subject to observance of conditions laid down in col.4 of item 9 of Annex ure to Schedule V of DFP Ruls, 1978
rbitrators Rs.1,000/p.a.
Pleaders,
i)Fee to
Arbitrators Advocates , Pleaders,
Rs.1,000/- Arbitrators p.a.
upto
i)Fee to Advocates , Pleaders, Arbitrators
ii)Other
--
Advocates , Pleaders, Arbitrators Full
--
ii)Other
Legal Charges upto on each
Legal
ii)Other Legal
Charges
Charges upto
upto
Rs.2,500/- on
Rs.1,000/- each occasion.
ii)Other Legal Charges Full Powers.
ii) Other Legal Charges
--
Full Powers.
on each
occa
occasion.
sion. Motor Vehicles
i) Car upto Upto
(i) Purchase of POL
Rs.6,000/- Rs.6,000/- Rs.6,000/-
Beyond
p.m. if the on each
on each
**
Branch has occasion.
occasion.
( Henceforth these
one
car
powers relating to
and
upto **
Motor Vehicles will
Rs.4,000/-
not be
per vehicle
exercised by AO(A)
p.m.
-
-
-
-
-
if
as these have been
the Branch
delegated to SP(HQ) /
has two or
CBI
more
(HO) vide HO letter
vehicles.
-
-
No.DP
-
-ii)Motor Motor
ii)Upto
Beyond
2002/702/8/6/2002/ Cycle/Scoo Cycle/Scoo Rs.1000/- Rs.1000/- on AD.IV dt. 18.9.2003)
ters
Upto on each
-
each occasion.
Rs.1000/- occasion. p.m.
per
ii) Maintenance,
scooter
upkeep and repairs.
/motor
**
cycle. i)Beyond
** (Henceforth these
i)Car Car upto i)Rs.6000/ Rs.6000/-
powers relating to
Rs.6,000/- -
Motor Vehicles will not on
each on each
be exercised by AO(A) occasion
occasion.
in respect of CBI (HO) subject to as these have been
maximum
delegated to
of
SP(HQ)/CBI (HO)
Rs.15,000/
vide HO letter
- p.a.
Car:-Beyond Rs. Car 10,000/-
Rs.15,000/-
upto
Rs.
on each
40,000/-
on
occasion.
each occasion.
ii) Beyond
2002/702/8/6/2002/ ii) Motor
Full powers.
and upto
and
----
No.DPAD4 AD.IV dt.
-
-
per
in respect of CBI (HO) vehicle
AD4
i) Fee to
powers.
Rs.2,500/-.
Rs.1,000/-
8
-
Advocates ,
upto
upto
-
i)Fee to
ii) Upto
--
Rs.1000/- on
Cycles/Sco Rs.1000/- each occasion.
Page 429 of 429
18.9.2003).
oter
on each
Rs.1000/- occasion. in each case subject to maximum of Rs.3000/p.a. 9
Post & Telegraph charges
Full Powers Full Powers
--
--
--
--
--
--
(i) Charges for issue of
--
letters
--
Full Powers Full Powers (ii) Commission on Money Orders 10
Freight and Demurrage Full Powers Full Charges (i) Freight Charges
--
--
--
powers. Rs.250/in each
(ii) Demurrage,
--
case
Warfage charges
Beyond Rs.250/-
Rs,250/-in
in each
each case.
--
--
--
case 11
Publications
Rs.1000/- Rs.1000/- Full powers.
(Item 15 of the annex at a time . ure to Schedule V of
--
-
--
--
on each occasion.
DFP Rules ,1978 ) including drawal of advance for the purpose. 12
(a) Local purchase of
(a)
stationary.
Rs.4000/- Rs.4000/- Rs.4000/- on at a time
Upto on each
Beyond
--
--
--
--
each occasion.
subject to occasion. maximum of Rs.10,000/ -p.a. -do(b) Purchase of
-do-
-do-
stationery from Govt. Deptts. (item-21 of Annexure to Schedule V of DFPRs) 13
Staff paid from
Full Powers Full Powers
--
--
--
Contingencies 14
Supply of liveries,
-
Full Powers Full Powers
--
Full Powers Full Powers
--
--
--
--
--
--
badges and other articles( item No.23 of Annexure to Schedule V of DFP Rules, 1978 ) 15
Telephone Charges
--
for
Page 430 of 430
payment of local and trunk calls and rental charges bills 16
Upkeep & Repair of all (i)
(i)
(i) Recurring
kinds office equipment Recurring Recurring
Beyond
including typewriters, Rs.2000/- Upto
Rs.2000/-
Electronic typewriters, on each delicate work
occasion
processors, intercom
per
--
--
--
--
--
--
Rs.2000/-
equipment,calculators, machine electronic stencil
subject to
cutters,Dictaphones,
ceiling of
tape recorders,
Rs.5000/-
photocopiers,copying p.a. machines,franking
per
machine,addressograp machine.
(ii) NonNon-
h,filing and indexing
(ii) NonNon-
(ii)Non Non
recurring
systems, etc.
recur
recurring
Beyond
excluding computers
ring
Rs.10,000/ Rs.10,000/-
of all kinds.
Rs.10,000/ -
on each
( Item 26 (a)(i) of
- on each on each
occasion.
Annexure to Schedule occasion.
occasion.
V of DFP Rules, 1978 ) (Revised as per item -3 of HO letter No.DPAD4 2001/626/8/1/2001 dt. 19.9.2001) 17
Contingent
Recurring (i)Recurring (i)Recurrin Recurrin (i)Recurring Recurring
(i)Recurring Recurring
(i)Recurrin Recurring Recurring
Expenditure
g
Beyond
upto
Rs.2,000/- on
Rs.10,000/- on
each occasion
each occasion
subject to
subject to
Rs.2000/-, upto
(Table Table in Schedule V to Rs.2000/- in each DFPR , applicable to
p.m. in
Rs.4,000/-.
case.
items not specified in each case. (original
-
the Annex ure to
(original
power of
maximum of
maximum of
Schedule Schedule V of DFP
power of
HOD)
Rs.30,000/-
Rs.30,000/-
Rules, 1978)
HOD)
per annum in
P.A.in each case.-
-
each case.
(i) Execution of Petty
(ii)Non NonNonrecurring
(ii)Non NonNon-
Upto
recurring
Rs.5000/- Rs.10,000/-.
upto
(ii)Non NonNonrecurring
(ii)Non NonNon-recurring upto
Beyond
Rs.25,000/- on
Rs.5,000/- on each
Rs.10,000/-
each occasion.
on each
occasion.
on each
occasion.
(original
occasion
power of
subject to
HOD)
maximum of
(original
18
(ii)Non NonNonrecurring recurring
power of
Rs.60,000/- in
HOD)
each case.
Rs.500/-
--- Upto
Upto
-
--
Upto
--
Page 431 of 431
--
Rs.10,000/-
Rs.30,000/- in Rs.30,000/- in
repairs to Govt. owned occasion
in each case.
each case.
buildings including
(vide
(vide No.DPAD4
No.DPAD4
2002/702/8/6/ (vide
works and special
on each subject to
sanitary fittings, water maximum supply and electrical
of
installations in such buildings and
each case.
2002/702/8/ 2002-AD.IV
No.DPAD4
Rs.1,500/-
6/2002-AD.IV dt.18.9.2003.
2002/702/8/6/
P.A.
dt.
2002-
18.9.2003.)
AD.IVdt.18.9.20
repairs(item 12(i) of Annex.to Sch.V of
03.
DFPRs).
--
--
Upto Rs.10,000/-
Upto Rs.
on each
10,000/- on
(ii) Repairs & alteration Rs.2,500/-
Upto
to hired and
on each
Rs.5,000/- on occasion.
each occasion
requisitioned
occasion.
each occasion. (vide HO
(vide HO No.
buildings(item 12(iii)
(vide HO
(vide HO No. No.8/1/90
8/1/90-AD.
of Annex. to Sch.V to
No.
8/1/90-AD.IV -AD.IV
IV dt. 10.8.90
the DFPRs.)
8/1/90-
dt. 10.8.90)
dt.10.8.90
---
AD.IV dt. 10.8.90) 19
Write off of Losses ( (a) upto
Stores, Public money ) Rs.500/-
Rs.500/-
Upto
(a)upto
(Schedule VII of DFP
in each
in each
Rs.2500/- in
Rs.20,000/- in Rs.20,000/- in
Rules, 1978 )
case.
case.
each case.
each case.
each case.
Rs.5,000/-
Rs.5,000/-
Upto
Upto
Rs.50,000/-
Rs.50,000/-
---
--
(i)Not due to theft,fraud or negligence.
(ii)Other cases
--
---
---
---
(vide No.(vide HO No.DPAD4
--
2002/702/8/6/2002/ AD.IV dt. 18.9.2003) 20
Sale by auction of
Upto
Upto
Upto book
unserviceable stores ( Rs.5,000/- Rs.5000/- value of GFR 124 and GOI
book value book value Rs.10,000/-in book value in
Decision thereunder ) in each case.
in each
each case.
each case.
case.
---
book value in each case(subject to submitting a report to HO.)
21
Printing and Binding
Binding
Printing
--
--
---
--
(Item 14 of Schedule V Rs.1500/- and of DFP Rules, 1978 )
-
on each
Binding
occasion.
Full Powers.
.
(subject to over all ceiling of Rs.20,000/ - P.A,)
22
Grant of Rewards to
Constable-
---
Constable-
Constable-
Constable- Constable- Constable
Page 432 of 432
Police Officers for
Rs.500/-
Rs.750/-
Rs.1250/-
Rs.1250/-
Rs.1500/- -
good services
Hd.Const-
Hd.Const.
Hd.Const.
Hd.Const.
Hd.Const. Rs.1500/-
rendered
Rs. 600/-
Rs.1000/-
Rs.1500/-
Rs.1500/-
Rs.1750/- Hd.Const.
(Rewards to drivers
ASI-
ASI-
ASI-Rs.1750
ASI-Rs.1750
Constables/
.Rs.750/-
Rs.1250/-
SI-Rs.2000/-
SI-Rs.2000/- Rs.2000/- ASI-
Hd.Constables/ASUs
SI-
SI-Rs.1500/- Inspr.
Inspr.
employed for driving
Rs,1000/-
Inspr.
Rs. 2250/-
duties may be given
Inspr.
Rs.1750/-
cash reward of
Rs.1500/-
Rs.2250/-
-
Rs.1750/-
-
Rs.2000/-
Rs.2250/- SIInspr.
Rs.2250/-
Rs.2500/- Inspr.
Rs.750/- for good
Rs.2500/-
maintenance,economy of fuel and accident free driving for every 5000 kms.) Maximum annual ceiling for sanction of cash rewards. The cash rewards are subject to following maximum annual ceiling and the officers proposing and sanctioning rewards must ensure that these limits are not exceeded. a) ConstableRs.5000/b) Const.(Driver)Rs.7000/-* c) Hd.Const.Rs.7500/d) Hd.Const.(Dri) Rs.8000/'-* e) ASI- Rs. 8500/f) ASI (Dri)- Rs.9000/* g) SI- Rs. 10,000/h) Inspr. - Rs.12,250/* (inclusive of good maintenance of fuel and accident free driving rewards)(Letter No.29/1/96-AD.III dt.26.12.1997). 23
Municipal rates and
---
taxes
Upto
Full powers.
---
---
---
---
----
Rs.500/-
( Item No.11 of Annex ure to Schedule V of DFP Rules, 1978 24
Incurring of
Recurring
i) Up to
i) Beyond
Miscellaneous
---
Rs.100/-
Rs.200/- on
Rs.200/- on
expenditure including
on each
each occasion. each occasion.
---
---.
Page 433 of 433
occasion.
expenditure on light refreshments ( subject --to Schedule VI and Note thereunder in the DFP Rules, 1978 )subject to observance
NonNon-
Beyond
of scales laid down by
recurring
Upto
Beyond
Rs.1000/- on
Court from time to
Rs.500/-
Rs.1000/- on Rs.1000/- on
time.
on each
each occasion. each occasion.
each occasion.
occasion. 25
Local purchase of
Upto
Upto
Rs. 5000/-on
Rubber Stamps and
Rs.250/-
Rs.500/-
each occasion.
office Seals ( Item 21- on each
on each
C of Annex ure to
occasion.
occasion.
Full powers
Upto
--
---
Rs.10,000/-
Schedule V of DFP Rules, 1978 26
Bicycle Advance to
Full Powers Full Powers
--
--
---
-
---
Govt. servant
-
( Subject to availability of funds ) 27
Warm clothing advance Full Powers Full Powers
--
--
---
-
---
to employees
-
transferred from plains to hill stations.
28
Mileage allowance by a --
Full Powers Full Powers in
route other than the
in case of
case of
shortest or cheapest in
non-
Gazetted
case of non-gazetted
gazetted
Officers (SR-
---
--
--
officers
employees 31)
29
To decide the shortest --
-do-
-do-
--
30
To decide in case of
-do-
-do-
--
---
Full Powers in Full Powers in
Full Powers in
Gazetted, non
case of Non-
case of
case of Gazetted --
gazetted staff in Head
gazetted.
Gazetted
Officers
--
--
of two or more routes -
--
--
doubts whether a particular absence from Hqrs. is absence or on duty i.e. away on tour in respect of non gazetted officers. (SR62 ) 31
Property returns of all --
Office (CCS Conduct
Officers
Rules, 1964 ) 32
Appropriation and Re- ---
---
Full Powers
---
--
appropriation of funds
-----
(Rule 10 of Delegation of Financial Powers Rule, 1978 ) 33
Alteration of date of
--
--
--
These powers
--
-
Page 434 of 434
---
birth
vest only with
-
Director /CBI being Head of Department 34
Advance for purchase --
Full Powers
Full Powers in
Full powerts in
of conveyance ( Other
--
below the
case of DIG/
case of
than Bicycles )
rank of DIsG
DD/ALA/DLA ) DIG/DD/ALA/
---
--
(cases of JDs/. DLA) (subject to Addl. Directors certificate of to be submitted availability of to Director/CBI) funds. ) 35
Sale or transfer of
---
---
-do-
Full powers in Full powers in
motor vehicles
case of
case of DIG/DD/
purchased with
DIG/DD/
ALA/ DLA
advance from Govt.
ALA/DLA
working under
(cases of
him.
--
JDs/Addl. Directors to be submitted to Director/CBI) 36
Advance for purchase ---
---
Full Powers
---
---
---
---
---
Full Powers
---
---
---
---
--
Full Powers
---
---
---
---
--
--
--
--
of Motor Car /Motor Cycle to Govt. servants in foreign employment. 37
Investigation of arrears --claims
38
Fixation of amount of -Permanent Advance
( Amount to be decided in consultation with Internal Finance Divn. under GFR 90 )
39
Condemnation of
--
--
Full Powers
unserviceable typewriters 39A Purchase of manual
Full Powers Full Powers
--
--
--
--
--
typewriters equal in number to those condemned as unserviceable 40
Advance of TA for
Full
Full Powers
journey on tour (See
Powers for for persons
GFR-231 )
persons
working
working
under his
under his
administrat
--
--
--
--
--
--
--
--
--
administra ive control tive Control 41
To vary the terms of
--
Full Powers Full Powers
Page 435 of 435
repayment of advance
(Cases of
in exceptional cases (
advance for
GFR - 184 )
medical attendance to DIsG , DDs, JDs. and Addl. Directors are to be submitted to Director/ CBI)
42
Grant of advances
--
--
Full Powers
--
--
--
--
--
--
Full Powers
---
---
---
---
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
from G.P.Fund for special reasons and final withdrawal for meeting the cost of higher education etc. covered by Rule 12(2) and 15 of the GPF Rules.. Note ::- Advances from GPF for normal reasons upto the limits prescribed in Rule 12(i) of GPF Rules would be sanctioned by SsP in Branches and by AO(E) in Head Office) 43
Grant of Advance to provide relief to the families of nongazetted Govt. servants who die while in service
44
Form of surety bond to be executed by a Govt, servant handling cash, store etc. (GFR 275)
45
Departure from procedure relating to custody of Govt. Money (Treasury Rule - 109(2))
46
To dispense with medical certificate on first appointment in individual cases ( in case of Non-gazetted Govt. servant - FR - 1
47
To permit a person to join a post in Govt. service without medical certificate of fitness and to draw
Page 436 of 436
pay and allowances therefore (Ministry of Finance O.M. No. F.67(21)E.V/60 dated 16.12.60) 48
Suspension of lien (FR-
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
--
Full Powers
--
--
--
--
Full Powers
--
--
--
--
14) 49
Transfer of lien in the circumstances stated in FR - 14 and Sl. No. 5 of Appendix 4 to FRs. and SRs. where DD(A) is the appointing authority.
50
Fixation of pay and allowances of a Govt. servant treated as on duty under FR.9(6) (FR-20 & Sl. No. 7 of Appendix IV)
51
Temporary and officiating appointment of Group B and Group C Govt. servants to more than one post and fixation of pay and allowance (FR 49 and Sl. No. 20 of Appendix of FRs. and SRs. Vol. II)
52
Retention of 55 (now 58) of ministerial servant appointment after 1.4.38 (FR56(b) (iii) and S.No. 22-A of Appx., 4 of FRs. & SR Vol. II)
53
Transfer to foreign
--
--
service in India and fixation of Pay in foreign service ( for non-gazetted Govt. servant) FRs. 110(c) and 114 and S.No. 29 and 30 of Appendix 4 of the FRs. SRs. Vol.II) 54
To accept a fitness
--
--
certificate by any registered female candidate ( SR 4(1) and S.No. 1 of Appendix 13
Page 437 of 437
of FRs. and SRs.. Vol. II) 55
To allow full rate of
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
T.A. for journey performed by a motor car between places connected by rail in respect of all officers upto SP ( GOI decision No. 2 below SR. 56, read with SR. 31) 56
To restrict frequency and duration of journeys on tour (Gazetted officers SR. 63 and S.No. 22 of Appendix. of FRs. & SRs. Part II(T. A.Rules).
57
To grant exemption from the rule limiting a halt on tour to 10 days in respect of all officers upto the rank of SP (SR73 and S. No.23 of Appendix I of FRs. & SRs. Part - II((T. A.Rules).
58
To allow exchange of daily allowance for mileage allowance for the whole period of absence from headquarters, in respect of all officers upto the rank of SP (SR75 and S.No. 27 of Appendix - I of FRs. and SRs. Part II((T.A.Rules)
59
To impose restriction on exchange of daily allowance for mileage allowance in respect of officers upto the rank of SP (SRs. 76 & 77) and S.No. 28 and 29 of Appendix I of FRs. and SRs. Part-II(TA Rules)
60
To permit drawal of TA for a journey to attend departmental examination other
Page 438 of 438
than those mentioned in SRs. 130 and 131 (SR 132 and Sl. No. 45 of Appendix I of FRs. and SRs. Part II(T.A.Rules) 61
To disallow TA for
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
journeys to attend all obligatory examinations if the competent authority considers that the candidate has culpably neglected to prepare himself for the examination ( Provision 2(i) to SR130 and Sl. No.44 of Appdx. I of FRs and SRs. Vol.II.) 62
To sanction TA as for a journey on tour by a non-gazetted Govt. servant who is required, while on leave in India to perform any public duty at a place other than the one where he is spending his leave (SR 135 and S.No. 46A of FRs. and SRs. Part - II((T. A.Rules).
63
To allow actual cost of journey to appear before a medical board preliminary to voluntary retirement on invalid pension ( SR 160(b) and S. No. 48 of Appendix I of FRs. and SRs. Part - II ((T. A.Rules).
64
To decide rates of TA admissible to a Govt. servant deputed to undergo a course of training (SR 164 and S.No. 49 of Appendix I of FRs. and SRs. Part II (T. A.Rules).
65
To fix the amount of
Page 439 of 439
hire or chargess when a Govt. servant is provided with means of transport at State’s expense but pays the cost of its use or propulsion . ( SR 183 and S.No. 50 of Appendix I of SRs. and FRs. Part - II (T. A.Rules). 66
To grant TA to non-
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
officials attending Commissions of Inquiry or performing other public duty in an honorary capacity etc. and to declare the grade to which they may be considered to belong (SR 190(A) & (B) & Sl. No. 52 of Appendix I of FRs. and SRs. Part - II (T. A.Rules). 67
To permit calculation of joining time by a route other than ordinarily used (SR 296 and S.No. 68 of Appendix 13 of FRs. and SRs. Vol. II)
68
To extend joining time within the maximum of 30 days subject to certain conditions (SR. 302 & Sl. No. 70 of Appendix I of FRs. and SRs. Vol. II)
69
To treat a Govt. servant on leave as being in occupation of a residence (SR 312(4) and S.No. 72 of Appendix -4 of FRs. & SRs. Vol. II)
70
Recruitment of a person below 18 years of age to clerical post filled without reference to SSC Appendix 3 of FRs. and SRs. Vol.II and MHA OM No. 4/7/56-
Page 440 of 440
RPS dated 30.11.56 71
Appointment of a
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
--
--
Full Powers.
--
--
--
--
substitute in place of an absentee on quarantine leave (Sec. V (3) Note - 3, Appendix 3 of FRs. and SRs. Vol. II) and Min. of Finance OM No. 7(40)E IV 65 dated 29.9.55) 72
Sanction to pension where he is the appointing authority
73
Power to extend the time limit of six months and one month within which the members of the family of a Govt. servant may be treated as accompanying him in individual cases etc., in case of nongazetted staff.
74
Powers to sanction House Building Advance to the members of staff/officers working in CBI upto the rank of Office Supdt. (Group B Posts.)
75
Power to extend the joining time admissible under SR 302 rule beyond maximum 30 days in case of nongazetted staff.
76
Sanction of subsidy to canteen / tiffin rooms ( OM No.5/43/65Welfare dated 11.2.66 from MHA )
77
Grant-in-aid for the provision of amenities or of recreational of Welfare facilities to the staff of the Central Govt. (MHA OM No. 2/8/67-Welfare dated 22.8.67 )
78
Hiring of teleprinter ( Schedule V of the DFP
Page 441 of 441
Ruls, 1978 ) 79
Payment to P&T
---
---
Full Powers
Department for
Upto
utilising the services of
Rs.5000/- in
their Machines (
each case.
--
--
--
--
Schedule V of the DFP Rules, 1978 ) 80
Power to refund
--
--
Full Powers
--
--
--
--
--
--
Full Powers
--
--
--
--
--
--
--
contribution for CGHS to non-gazetted officers in CBI. 81
Power to sanction special pay to Cashier (F.No.1/12/73-WSU dated 24.7.73)
82
Grant of leave to Group-A Officers
Full Powers
Full Powers Full
In respect
(upto SP)
(upto SP)
powers in
of DIsG
respect of
working
DIsG
under
working
him.
below the rank of DIsG
under him. 83
Combination of
--
--
--
Full Powers
Full Powers
holidays with leave and
-
--
joining time in relaxation of provision (a) to SR 209 or SR 211 in respect of Group A Officers and below (SR 210 and SR 211) 84
Grant of leave to Govt.
--
--
--
Full Powers
Full Powers
--
servants declared by
-
Medical Committee as unlikely to be ever fit to return to duty ( SR233 ) 85
Grant of maternity
--
--
--
Full Powers
Full Powers
--
leave and hospital
-
leave in respect of Group A officers ( SR 267 and 269 ) 86
Rent for office &
--
--
--
Full Powers
Full Powers
Residential
(as per item
(as per item 16
accommodation ( Item
16 of Annexure of Annexure to
No.16 of Annexure to
to schedule-V schedule-V of
Schedule V of
of DFPRs)
DFPRs)
Full Powers
Full Powers
--
Delegation of Financial Powers Rules -1978 ( If more than one Wing is using the building the approval of the Director to be obtained ) 87
Advance for law suits
--
--
--
-
-
Page 442 of 442
to which Govt. is a
-
party ( Rule 255 of General Financial Rules ) 88
--
Permission for
--
--
Full Powers
Full Powers
undertaking work for
-
--
which fee is offered and acceptance of fee ( SR- 11 of FRs and SRs Part- II to Officers below the rank of DIsG ). 89
To prescribe a Govt.
--
--
--
Full Powers
Full Powers
--
--
--
--
--
Full Powers
Full Powers
--
--
--
--
--
Full Powers
Full Powers
--
--
--
--
--
Full Powers
Full Powers
servant’s Hqrs. in respect of officers other than Class-I( SR 59 and S.No.19 of Appendix-13 of FRs. SRs Vol.. II) 90
Counting a period of suspension on reinstatement with forfeiture of allowances for the purpose of pension ( Article 417 of the CSRs )
91
Grant of conveyance allowance to officers in CBI except senior Class-I Officers ( MHA Letter No. 15/50/61AVD dated 5.7.63 )
92
Powers to extend the
--
time limit of six months and one month within which the member of the family of a Govt. servant maybe treated as accompanying him in individual cases. In case of gazetted officers i.e. Dy.SP but below the rank of DIsG. ( SR.116(b)(iii) 93
Power to extend the
-
--
--
--
Full Powers
Full Powers
--
joining time admissible under SR.302 beyond the maximum of 30 days in case of gazetted officers upto the rank of Dy.SP.
Page 443 of 443
94
Sale and purchase of
--
--
--
Full Powers
Full Powers
--
property in r/o
-
Group-B Officers 95
Transfer of officer
--
--
--
Full Powers
Full Powers
--
from one station to
-
another station upto the rank of Group-B Officers. 96
Employment of sons
--
--
--
Full Powers
Full Powers
--
and daughter of
-
Central Govt. employee in case of premature death. 97
House Building
--
--
--
Full Powers
Full Powers
--
Advance of Class-I
-
Officers below the rank of DIsG/ CBI 98
Installation of
--
--
--
Full Powers
Full Powers
--
Telephone in office /
-
residence to eligible officers. 99
Bringing officer on
--
--
--
Full Powers
Full Powers
--
deputation upto the
-
rank of Group-B Officers. 100
Property returns
--
--
--
Full Powers
Full Powers
--
except for officers of
-
and above the rank of SP and AOs. 101
Retention of the non-
--
--
--
Full Powers
Full Powers
--
gazetted temporary
-
posts upto the end of financial year ( Posts originally created under the orders of Director, CBI ) 102
Transfer of non-
---
--
--
Full Powers
Full Powers
--
--
--
--
--
Full Powers
Full Powers
--
--
--
--
--
Full Powers
Full Powers
--
--
--
--
--
Full Powers
Full Powers
--
--
gazetted posts from one Branch to another. 103
Application for purpose / sale of moveable and immovable property below Group-A Officers.
104
Permission to undertake work which is remunerated and to accept the remuneration to Group-A officers.
105
Combination of holidays with leave and
Page 444 of 444
joining time in relaxation of provision (i) to SR-209 or SR211 in respect of Group-A Officers 106
Grant of Maternity
--
--
--
Full Powers
Full Powers
--
--
--
--
--
Full Powers
Full Powers
--
--
--
--
--
Full Powers
Full Powers
--
--
--
--
--
Full Powers
Full Powers
--
--
--
--
--
Full Powers
Full Powers
--
--
--
--
--
Full Powers
Full Powers
--
--
Full Powers of
Full Powers of
leave and Hospital leave in respect of Group-A Officers below DIG. 107
To prescribe a Govt. servant’s Hqrs. in respect of Group-A Officers below DIG.
108
To define the limits of a Govt. servant’s sphere of duty in respect of Group-A Officers below DIG.
109
To define the limits of a Govt. servant's sphere of duty in respect of officer other than Group-A Officers.
110
Powers to refund contribution for CGHS recovered from officers previously residing in areas covered by Scheme but subsequently shifted to areas not so covered or where recoveries were made due to mistakes ( All Gazetted officers in CBI below the rank of DIsG. )
111
Powers to regularize
--
journeys and to sanction LTC concession even in case where the return journey is performed after a period of 6 months counting from the date of commencement of the outward journey.(All GOs. in CBI below the rank of DIsG.) 112
Sanction of all kinds of
--
--
--
Page 445 of 445
Full
leave to officers
grant of leave
grant of leave
powers to
upto the rank
upto the rank of
SDCBI(S) &
of SsP
SsP
SDCBI(E) in respect of
DIsG
working under them (Leave matters concernin g
to
JDs
and above will continue to
be
submitted to
the
DCBI) 113
Permission for higher
--
--
--
--
--
--
Full
stdudies/vocational
Powers to
courses and NOC for
SDCBI(S)
obtaining passport in
(The
respect of Group-A
matters in
Officers upto the rank
respect of
of DIsG and AOs.
officers above the rank of DIG will continue to be submitted to the DCBI)
114
Sanction of
--
--
--
--
--
--
Full
advance/withdrawal
powers
from GPF to IPS
SDCBI(S)
officers under AIS(PF)
(The cases
Rules upto the rank of
concernin
DIsG.
g JDs and above for sanction of advances/ withdrawa ls under AIS(PF) Rules will continue to be submitted to the DCBI)
Page 446 of 446
115
House building
--
--
--
--
--
--
advance to officers of
Full Powers to
and above the rank of
SDCBI(S)
DIsG.
(Powers to sanction HBA to officers below the rank of DIG are already delegated to JD(A)/CBI, HO.
116
Sanction of Motor Car
--
--
--
--
--
--
Full
Advance/Computer
powers to
Advance to JDs
SDCBI(S) (Powers to sanction Motor Car Advance to officers below the rank of DIG are already delegated to JD(A)/CBI, HO
117
Posting/transfer of all
--
--
--
--
--
--
Full
Group-A officers
powers to
viz.DSP & Law Officers
SDCBI(S) &
(Sr.PP to ALA) except
SDCBI(E)
SsP and above.
in respect of officers working under their control only (The cases of transfer of Dy. SsP and Law Officers (Sr PP to ALA) outside the jurisdictio n of
Page 447 of 447
SDCBI(S) and SDCBI(E) will be decided in coordination meetings to be held between the two Special Directors, which may be held once in a month) 118
Process claims under
Upto
CS(MA) Rules, CGHS
Rs.1000/- Rs.1000/- Rs.5000/-
Upto
Rules, condonation of in delay and settlement
in
each case. each case.
Upto each case.
Full Powers in (The cases
Full Powers
--
(The cases
concerning JDs concerning JDs and above will
and above will
of medical claims etc.
continue to be
continue to be
of the staff members
submitted to
submitted to the
of the CBI utpo the
the DCBI. The
DCBI. The
level of DIG, Ministrial
delegation/re- delegation/re-
Staff and their family
delegation is
delegation is
members.
subject to the
subject to the
(i) Normal Cases
restrictions,
restrictions,
Admissible claims
stipulations on stipulations on
under CS(MA)
instructions
instructions that
Rules,CGHS Rules in
that may be
may be issue by
r/o all rankis.
issue by the
the Ministry of
(ii) Emergent Cases.
Note:-
Ministry of
Health &
Claims for medical
It will not
Health
F.W./DGHS/CGH
treatment/in private
be
&F.W./DGHS/C S from time to
medical institution in
exercised
GHS from time time)
emergent cases
by
to time)
involving
authorities
accident,serious nature lower than of disease in case no
Head
Govt./recognised
Deptt. i.e.
of
hospital is available
DCBI.
nearer than private
Therefore,
hospital.
such cases
Reimbursement will be should be subject to item-wise
submitted
ceiling prescribed for
to DCBI for
CGHS beneficiaries.
sanction.
(Note:-Reimbursement of expenses incurred on treatment in the Private Clinic/Nursing Homes of the
Page 448 of 448
--
Authorised Medical Attendant would not be admissible under above provision even in emergent cases). (Letter No.DPAD4 2002/702/8/6/2002/ AD.IV dt. 18.9.2003) 119
Maintenance of upkeep
i) Recur
of Computers
each case
each case
ring
Full
Powers Full
(Advance
Powers
(Advance
Rs.500/-
payment to be payment to be
on
made with the made
each
occasion
approval
subject to ceiling
with
of approval
DCBI)
the of
DCBI)
of
Rs.2500/p.a.
per
machine. ii)Nonii)Nonrecurring.
--
Upto
--
Rs.4000/on
each
occasion. 120
Provisional for Internet
--
--
--
facility
Full
Powers Full
(Advance
Powers
(Advance
payment to be payment to be made with the made approval 121
with
of approval
the of
DCBI)
DCBI)
Upto Rs.
Upto Rs.
From Rs.
From Rs.
purchase of Stores,
10,000/- in
10,000/- in 10,000/-
10,000/-
maintenance and
each case
each case
to Rs.
upkeep of Office
(Subject of
(Subject of 20,000/-
20,000/-
equipments, including
fulfillment of
fulfillment ofin each
in each
computer related items
conditions laid conditions laid case
Advance payment for
--
--
--
to Rs.
case
down in Govt.
down in Govt. (Subject of of (Subject of
of India
fulfillment fulfillment India decision
decision No. 4
No. 4 under Rule of
of
conditions conditions under Rule 258 258 of GFRs.) laid down
of GFRs.) .
laid down
in Govt. of in Govt. of India
India
decision
decision
No. 4
No. 4
under Rule under 258 of GFRs.) 122
Advance payment for
--
--
--
Full Powers
installation of Internet
(Subject of
connection
fulfillment of
--
--
conditions laid
Page 449 of 449
Rule 258 of GFRs.) --
down in Govt. of India decision No. 4 under Rule 258 of GFRs.) 123
Power to reimburse the
--
--
--
--
--
Full Powers
trap money to the
(Subject to
complainants seized
conditions
by CBI.
as laid
---
down in CBI HO letter No. 23/6/94IV dated 5/3/1988.) 124
Maintenance of EPABX
--
--
--
System
125
Reimbursement of expenditure to State
--
--- DIG of the
-
Full powers
Full powers
(Advance
(Advance
payment to be
payment to be
made with the
made with the
approval of
approval of
DCBI).
DCBI).
---
---
--
---
concerned
Govt. in r/o
branch
deployment of armed
(Report to be
guards (as per
submitted to
deployment approved
HO)
by CBI, HO. (Letter No.DPAD4 2002/702/8/6/2002/ AD.IV dt. 18.9.2003) 126
Permission for Air
--
---
----
---
-
Travel by non-entitled
Addl.Direct Spl.Direct or (Dealing or
CBI personnel and
with
(Dealing
witnesses/ accused in
Admn.)
with
appropriate cases(upto
Admn.)
150 cases in a year) (Letter No.DPAD4 2002/702/8/6/2002/ AD.IV dt. 18.9.2003) 127
Minor Works
--
---
---
---
--
Addl.Direct Spl.
(Letter No.DPAD4
or (Dealing Director
2002/702/8/6/2002/
with Admn. (Dealing
AD.IV dt. 18.9.2003)
upto Rs. 1 with lakh.
Admn. upto Rs.1 lakh.
Page 450 of 450
Annexure - XIV
G.I, Dte. of Estates (Policy), OM No. 11015/15/98-Pol.I, dated 7.8.1998. Revised scales of office accommodation for various categories of officers of Central Secretariat exclusing IT, Central Excise and Customs Departments. The undersigned is directed to refer to the then Ministry of Works and Housing OM, dated 24.11.1976 and this Directorate’s OM No. 11015(2)/75Pol dated 20.10.1987 (vide 456 of Swamy’Annual 1987) and to say that consequent upon revision of pay scales of the Central Government Employees on the recommendations of the Fifth Pay Commission as notified vide CCS (Revised Pay) Rules, 1997, it has been decided to prescribe revised entitlement of office space for various categories of officers as detailed below:-
Sl. No. 1
2
3
4 5 6 7
(I) CONVENTIONAL SPACE: Existing Category Proposed Category (On pre-revised pay ) (On pre-revised pay ).
Entitlement of office accommodation Officers drawing Rs. Officers drawing Rs. 240 Sft. 5000/- and above per 15200/- and above per month. month. Officers drawing Rs. Officers drawing Rs. 120 Sft. 3000/- and above but less 10000/- and above but than Rs. 5000/- per less than Rs. 15200/month. per month. Gazetted officers drawing Gazetted officers drawing 60 Sft. pay less than Rs. 3000/- pay less than Rs. per month excluding 10000/per month Section officers. excluding Section officers. Section Officers in the Secretariat/Attached offices 60 Sft Technical staff such as Draughtsmen, Tracers and 60 Sft Estimators, etc. Ministerial staff such as Superintendents, Head 40 Sft Clerks, Assistants, Clerks, Daftries, etc. Ministerial staff of Audit Officers. 40 Sft
Page 451 of 451
2. The total screened requirements of office accommodation determined on the basis of revised scales will be subject to the following austerity cuts:ENTITLEMENT PERCENTAGE OF CUT Upto 30,000 Sft. 10% ( upto 2700 Sq. Mtrs.) More than 30,000 Sft. ( More than 2700 Sq. Mtrs.) 15% 3. So far as special requirement of office space such Reception Room, Conference Room, space for special equipments, library requirements, old records, etc., are concerned, these should be examined in consulation with the Directorate of Estates with a view to ensuring that the requirement is kept to the absolute minimum.
Page 452 of 452
(II) Sl. No.
NON-CONVENTIONAL SPACE
1
Particulars of requirements. Conference Room
2
Visitor’s Room
3
Receptionist/for Security Staff. Canteen /Tiffin Room
4
5 6
Telephone Exchange Class Room
7
Library.
8
Old Records.
Prescribed entitlement of office accommodation. Conference Room should be subject to the requirement of the Ministry/ Departments concerned with minimum space of 22 Sq. Mtrs. and maximum of 44 Sq. Mtrs. Visitors Room should be according to the requirements of a Ministry/Department but it should not be more than 44 Sq. Mtrs. 11 Sq. Mtrs. 1 Sft. (0.09 Sq. Meters) per person in an office including the space for Dining Hall and Kitchen etc. 22 Sq. Mtrs. According to the requirements of a Department but should not be more than 44 Sq. Mtrs. One Sft. for 25 books or one Sq. Mtr. for 275 books One sft. for 20 recorded files or one Sq. meter for 220 recorded files.
On the basis of above conventional and Non-conventional office space and the drawings prepared by the Architect, the requisite estimates for the construction of office buildings on the available land, are required to be got prepared from the CPWD. Then a comprehensive proposal is required to be prepared and sent to CBI, Head Office giving full justification of the proposed construction, for sending sanction of the Competent Authority. After obtaining the approval/sanction of the Competent Authority the CPWD is required to start the construction work. On completion of the construction work, the maintenance of the Building/Complex is the responsibility of the CPWD Authorities.
Page 453 of 453
Annexure - XV To The Director, Central Bureau of Investigation, New Delhi.
14th July, 1969
Subject:
Delegation of additional financial powers.
Sir, I am directed to state that, in exercise of powers delegated under Rule 10(3) of the Delegation of Financial Powers Rules, 1958, the President is pleased to delegate the additional financial powers, to you, as indicated in the Annexure to this letter. 2. The exercise of these powers will be subject to the general restrictions and condition contained in the Delegation of Financial Powers Rules, 1958, and other general rules and orders issued by the Government of India from time to time. Yours faithfully, Sd/(M.K. Nair) Deputy Financial Adviser No.3/20/69-Finance(iii) Dated the 14th July, 1969 Copy, 1. 2. 3. 4. 5. 6.
together with a copy of the Annexure, forwarded, for information to:All the Accountants General. Ministry of Finance (home Finance Branch). Ministry of Finance (E-II(a) Branch). Ministry of Finance( E-Coordination). AVD.II Section, MHA. Deptt. of Administrative Reforms.
Sd/-
Page 454 of 454
(M.K. Nair) Deputy Financial Adviser
5
6
7
8
9
Hiring of private transport.
Full powers for the transportation of material/ equipment from one place to another or movement of operational personnel. Continued of Full powers, subject to the renting of condition that the rates of rent buildings. are the same as originally sanctioned by the Min. of Home Affairs. Sanction of Full powers subject to the general residential restrictions on the sanctioning of telephones. residential telephones issued by the Mininistry of Finance from time to time. Hiring of Where the renting of the teleprinter links teleprinter links have been originally sanctioned by the Ministry of Home Affairs continued renting on year to year basis may be sanctioned, provided necessary budget provision has been made. New teleprinter links should be sanctioned only if they have been approved at the pre-budget stage by the Ministry of Home Affairs/Ministry of Finance. Contingent Enhanced powers of delegated as expenditure for shown below:items other i) Recurring - Rs.5,000/than those per annum in each mentioned in case. Annexure to ii) Non-recurring - Rs.10,000 in Schedule V of each case the DFP Rules.
Item 3 of Annexure to Schedule V of the DFP Rules. Item 18 of Annexure to Schedule V of the DFP Rules.
Item 25 of Annexure to Schedule V of the DFP Rules.
Schedule V of the DFP Rules.
Schedule V of the DFP Rules.
Page 455 of 455
Annexure - XVI
DPAD31999/0820/10/14/97-AD.III Government of India Central Bureau of Investigation Block No.3, 4th Floor, CGO Complex Lodhi Road, New Delhi – 110 003 Dated 28/10/1999 CIRCULAR It has been brought to my notice that expenditure on telephones for bi-monthly cycle of many officers is on the high side. Sr. officers are not exercising restraint in the use of telephones. It has also come to notice that in spite of specific instructions a lot of communications are being sent through FAX when these can go through normal mail. 2. During the period October, 1998 to March 1999, CBI spent Rs. 1,27,67,744/- on telephones. This huge expenditure is definitely on the higher side and needs to be curtailed. This will not be possible without the close supervision of the officers concerned and other Senior Supervisory Officers. 3. During the course of Audit in Head Office, the following observations were also made by the Audit Party in connection with excess local calls and international calls on residential telephones:(i)
(ii)
In accordance with the instructions vide GI MF OM.E (Coord)/79 dated 12.10.79 followed by another O.M.No. F.7(8)-E(Coord)/82 dated 8.6.82, the ceiling on Free Calls to be allowed to officers in respect of residential telephone provided at government expenses will be 650 bimonthly basis. Calls in excess of 650 (excluding STD calls made for official purposes and certified by the officers concerned with reference to the register maintained by him) will have to be paid by the officer himself. The condition of maintaining the STD register was dispensed with vide Govt. of India, M/o Finance, Dptt. Of Expenditure O.M.No. F.7(7)-E(Coord)/85 dated 8.7.85 subject to certification that bimonthly calls in excess of 650 are on account of STD and official purpose. This certificate would need to be countersigned by the Controlling Officer. The same order also provides that the excess calls other than certified to be on official work will continue to be paid by the officers.
4. The following precautions are immediately required to be taken to curtain the huge expenditure being incurred on telephones:(i)
The officers are required to keep a watch on ISD/STD calls and use secret code for STD/ISD. Keep the STD/ISD barred. Open it whenever it is needed and bar the same again immediately after the use.
Page 456 of 456
(ii)
(iii)
(iv)
The officer using the STD facility must be brief and speak to the point. STD calls may not be availed unless the matter is extremely urgent. The less important matters may be communicated through Wireless Message etc. The officers availing STD facility must not hesitate to make the private call and deposit the amount incurred due to private call in the Govt. treasury. Restrain on use of telephones by the officers themselves and control on other officers working under their administrative control would go a long way to ensure economy.
5. It is felt that there is still a need for extreme economy in expenditure in the light of latest Economy Instructions of Govt. of India to effect 25% economy in expenditure on telephone. The following ceiling (bimonthly bills) shall operate in respect of telephones held by officers of the rank of JD and below:OFFICE
RESIDENCE
Joint Director
Rs. 20,000/-
Rs. 7,500/-
DIG
Rs. 15,000/-
Rs. 5,000/-
SP
Rs. 10,000/-
Rs. 2,000/-
6. If the expenditure exceeds the above said ceiling limits, a detailed note explaining the reasons thereof should be sent to the undersigned. The officers should adhere to the limit in the normal course. All concerned should exercise strict control over the use of telephones in view of the Government of India instructions issued from time to time to economise the expenditure. (R K RAGHAVAN) DIRECTOR, CBI Copy to:Special Director, CBI. 1. 2. Joint Directors, CBI located in Delhi and outside Delhi. 3. LA, CBI, Head Office, New Delhi. 4. All DisG, CBI located in Delhi and outside Delhi. 5. DD(A), DD(Co) and DIG (HQ), CBI, New Delhi 6. SsP, CBI located in Delhi and outside Delhi. 7. Information Officer, CBI Head Office, New Delhi. 8. Executive Engineer, CBI, New Delhi. 9. AO(E) and AO(A), CBI, New Delhi. 10. Dy.SP, Control Room. 11. I/c EPABX, CBI HO New Delhi. 12. OSD System Division, CBI, New Delhi 13. AO/PAO/CBI, New Delhi.
Page 457 of 457
Annexure - XVII
GUIDELINES FOR FIRE DRILL AND EVACUATION PROCEDURES FOR HIGH RISE BUILDINGS (ABOVE 15 m IN HEIGHT) AS CONTAINED IN NATIONAL BUILDING CODE OF INDIA, 1983 INTRODUCTION In case of fire in a high rise building, safe evacuation of its occupants may present serious problems unless a plan for orderly and systematic evacuation is prepared in advance and all occupants are well drilled in the operation of such plan. These guidelines are intended to assist them in this task. ALARMS Any person discovering fire, heat or smoke shall immediately report such condition to the fire brigade, unless he has personal knowledge that such a report has been made. No person shall make, issue, post or maintain any regulation or order, written or verbal, that would require any person to take any unnecessary delaying action prior to reporting such condition to the fire brigade. DRILLS Fire drills shall be conducted, in accordance with the Fire Safety Plan, at least once every three months for existing buildings during the first two years after the effective date of these rules, or for new buildings during the first two years after the issuance of the certificate of occupancy. Thereafter, fire drills shall be conducted at least once every six months. All occupants of the building shall participate in the fire drill. However, occupants of the building, other than building service employees, are not required to leave the floor or use the exits during the drill. A written record of such drills shall be kept on the premises for a three years period and shall be readily available for Fire Brigade inspection.
SIGNS AND PLANS Signs at Lift Landings - A sign shall be posted and maintained in a conspicuous place on every floor at or near the lift landing in accordance with the requirements, indicating that in case of fire, occupants shall use the stairs unless instructed otherwise. The sign shall contain a diagram showing the location of the stairways except that such diagram may be omitted, provided signs containing such diagram are posted in conspicuous places on the respective floor. A sign shall read “IN CASE OF FIRE, USE STAIRS UNLESS INSTRUCTED OTHERWISE”. The lettering shall be at least 1.25 cm block letters in red and white background. Such lettering shall be properly spaced to provide good legibility. The sign shall be at least 25 x 30 cm, where the diagram is also incorporated in it and 6.25x25 cm where the diagram is omitted. In the latter case, the diagram sign shall be at least 20 X 30 cm. The sign shall be located directly above a call-button and squarely attached
Page 458 of 458
to the wall or partition. The top of the sign shall not be above 2 m from the floor level. Floor Number Signs - A sign shall be posted and maintained within each stair enclosure on every floor, indicating the number of the floor, in accordance with the requirements given below. The numerals shall be of bold type and at least 7.5 cm high. The numerals and background shall be in contrasting colours. The sign shall be securely attached to the stair side of the door. Stair and Elevator Identification Signs - Each stairway and each elevator back shall be identified by an alphabetical letter. A sign indicating the letter of identification shall be posted and maintained at each elevator landing and on the side of the stairway door from which egress is to be made, in accordance with the requirements given below. The lettering on the sign shall be at least 7.5 cm high, of bold type and of contrasting colour from the background. Such signs shall be securely attached. Stair Re-entry Signs - A sign shall be posted and maintained on each floor within each stairway and on the occupancy side of the stairway where required, indicating whether re-entry is provided into the building and the floor where such re-entry is provided, in accordance with the requirements given below. The lettering and numerals of the signs shall be at least 1.25 cm high of bold type. The lettering and background shall be of contrasting colours and the signs shall be securely attached approximately 1.5 cm above the floor level. Fire command station shall be provided with floor plan of the building and other pertinent information relating to service equipment of the building. FIRE SAFETY PLAN Fire Drills and Fire Orders - Fire notices / orders shall be prepared to fulfil the requirements of fire fighting and evacuation from the buildings in the event of fire and other emergency. The occupants shall be made thoroughly conversant with their action in the event of emergency, by displaying fire notices at vantage points and also through regular training. Such notices should be displayed prominently in broad lettering. The applicable parts of the approved Fire Safety Plan shall be distributed to all tenants of the building by the building management when the Fire Safety Plan has been approved by the Chief Fire Officer. The applicable parts of the approved Fire Safety Plan shall then be distributed by the tenants to all their employees and by the building management to all their building employees. Where the owner of the building is also an occupant of the building, he shall be responsible for the observance of these rules and the Fire Safety Plan in the same manner as a tenant.
Page 459 of 459
In the event there are changes from conditions existing at the time the Fire Safety Plan for the building was approved, and the changes are such so as to require amending the Fire Safety Plan, within 30 days after such changes, an amended Fire Safety Plan shall be submitted to the fire brigade for approval. FIRE COMMAND STATION A Fire Command Station shall be established in the lobby of the building on the entrance floor. Such command station shall be adequately illuminated. COMMUNICATION AND FIRE ALARM A means of communication and fire alarm for use during fire emergencies shall be provided and maintained by the owner or person in charge of the building. Fire Safety Plan Format and Duties shall be as per the provisions contained in Appendix ‘F’ - Para 8 & 9 of the Code. FIRE PARTY DUTIES On receipt of an alarm for fire the Fire Party shall : (a) report to the floor below the fire to assist in evacuation and provide information to the Fire Command Station. (b) after evacuations of the fire floor, endeavour to control spread of fire by closing doors etc. (c) attempt to control the fire until arrival of the Fire Department, if the fire is small and conditions do not pose a personal threat. (d) leave one member on the floor below the fire to direct the Fire Department to the fire location and to inform them of conditions. (e) on arrival of the Fire Department, the Fire Party shall report to the Fire Command Station for additional instructions. (f) have a member designated as runner, who shall know the location of the nearest telephone, and be instructed in its use. Such member shall immediately upon receipt of information that there is a fire or evidence of fire, go to the telephone, transmit an alarm and await the arrival of the Fire Department and direct such department to the dire. OCCUPANT’s INSTRUCTIONS (a) The applicable parts of the approved Fire Safety Plan shall be distributed to all tenants of the building by the building management when the Fire Safety Plan has been approved by the Fire Commissioner. (b) The applicable parts of the approved Fire Safety Plan shall then be distributed by the tenents to all their employees and by the building management to all their building employees.
Page 460 of 460
(c) All occupants of the building shall participate and cooperate in carrying out the provisions of the Fire Safety Plan.
Page 461 of 461
Annexure - XVIII
SECTION DIARY
Date :_________ Dy. No.
No. and date of receipts
[1]
No. [2]
Date [3]
From whom
Brief subject
To whom marked
Remarks
[4]
[5]
[6]
[7]
INSTRUCTIONS 1.
Columns 1-5 will be filled at the stage of diarising i.e. before the receipts are made over to the dealing hands.
2.
Column (6) will be filled after the receipts are seen and passed by the officers.
3.
Subsequent movement of papers, when received from higher officers, will also be marked in column (6) after striking off the previous entry.
4.
Important instructions recorded by the officers will be briefly entered in column (7).
Page 462 of 462
Annexure - XIX
ASSISTANT’S DIARY
Sl. No. 1
Diary No. or file No. 2
File No.
Date of submission
3
4
INSTRUCTIONS 1.
Column 2 should show ‘diary number’ or ‘file number’ according as the paper marked to a dealing hand is a ‘receipt’ or a come-back case.
2.
Columns 3 need be filled only in respect of diary numbers. 3. 3. The date on which receipts/files are received by the dealing hand should be entered in red ink across the page above the entries to be made for the day.
Page 463 of 463
Annexure – XX(A) DESPATCH REGISTER FOR POSTAL COMMUNICATION ONLY
NUMBER _________
DATED _____________
Sl. No.
No. of communications
Addressee
Value of stamps affixed.
1
2
3
4
INSTRUCTIONS
1. 1. Separate register will be maintained for (a) foreign post (b) telegrams and (c) other inland post. 2. 2. Entries in column 4 will be totalled up at the end of the day and the total indicated in red ink.
Annexure – XX(B) PROCEDURE FOR MAINTENANCE OF SERVICE POSTAGE STAMP ACCOUNT
1.
All communications intended to be sent by post will be placed in addressed envelopes.
2.
After affixing postage stamps of the requisite value the envelopes would be sorted out into groups with the same value of stamps.
3.
The total number of envelopes in each group would be indicated in the ‘Register of Daily Abstract of Stamps Used’. This register is in lieu of the despatch register for postal communications. The total value of the stamps used during a day as added up in this abstract, will be entered under the respective column of the stamps account register.
Page 464 of 464
4.
The correctness of the entries of outgoing envelopes in the ‘Register of Daily Abstract of Stamps Used’ would be checked by the Supervisor of the Central R & I Section at least once a week by actual count of the covers ready for despatch. The check should be recorded in the register. The Branch Officer-in-charge would also make a monthly check of this register.
4. 4.
It is to be noted that the despatch register for foreign dak for
which ordinary postage stamps are used will continue to be maintained in the Despatch Register.
Annexure – XX(C) STAMPS ACCOUNT REGISTER
Date
Value of stamps
In hand
1
2
Received during the day 3
Balance at close of the day (2+3-4)
Used during the day 4
5
Signature of
Despatcher
Section Officer
6
7
INSTRUCTIONS 1.
Separate registers should be maintained for (a) ordinary postage stamps and (b) service postage stamps.
2.
Column 2 will repeat the figure in column 5 of the previous day.
3.
In the case of ordinary postage stamps, column 4 should reproduce the daily total struck in the despatch register for foreign dak. In the case of service postage stamps this column should reproduce the sum of the daily totals struck in: (a) (b) (c)
Despatch register for telegrams. Despatch register for inland post, and Postal registration books.
Page 465 of 465
Annexure - XXI
FILE REGISTER STANDARD HEAD NO....................... STANDARD HEADING ________________________
F. No.
1
Subject
2
Date of
Opening 3
Classification (and year of review)
Remarks
5
6
Closing 4
INSTRUCTIONS 1. 2. 3. 4.
Entries in columns 1-3 will be made at the time of opening files and those in columns 4 and 5 at the time of recording and reviewing them. Year of review in column 5 is required to be indicated only in the case of Class 'C' files. If as a result of review, a file is marked for further retention, the year of the next review will be worked out and indicated in column 5. When a file is transferred to the departmental record room or to another section/department, the fact of such transfer and the relevant date will be indicated in column 6 e.g. D.R.R., M.H.A 6.1.87 17.2.87 Similarly, when the file is marked for destruction, any entry regarding the fact and the year of destruction will be made in this column.
Page 466 of 466
Annexure - XXII
PRECEDENT BOOK
Heading _________________
Decision or ruling in brief
File No.
INSTRUCTIONS 1.
Entries in this book will be made under the appropriate standard heads and sub-heads arranged in an alphabetical order. Where functional filing system is followed, entries will be made under the appropriate basic, primary, secondary and tertiary heads.
2.
The pages of the book will be numbered serially and a few pages allotted to each standardised heading under which entries are to be made vide 1 above. At the beginning of the book will be pasted or written a list of such headings and pages allotted to each.
Page 467 of 467
Annexure – XXIII(A)
No.84/5/62-Estt. Government of India Ministry of Home Affairs Special Police Establishment Rail Bhawan, New Delhi - 1
Dated :
09.07.1962
To All the Superintendent of Police, Central Bureau of Investigation. Sub.: Instructions regarding the preservation of records relating to Administration and Accounts matters. Ref.:
Circular No.15356-70/37/1/58-III dated 09.09.1958. A copy of the statement showing the period of retention of records in
the SPE in respect of Administration and Accounts matters is sent herewith. The records will be weeded out after the stipulated period mentioned against each item in column No.3 in the statement. A list of the records weeded out should be made before the files etc. are destroyed. These instructions subject.
supersedes all previous orders issued on the
Yours faithfully,
Sd./(Prem Prakash) for Administrative Officer for Inspector General of Police, SPE 1.
Copy to all section in the SPE Headquarters for information and necessary action.
2.
Copy to Gazette Clerk (these instructions are to be published in the SPE Gazette).
Page 468 of 468
Annexure – XXIII(B)
No.84/5/62-Estt. Government of India Ministry of Home Affairs Central Bureau of Investigation East Block No. 7, R.K.Puram New Delhi - 110022. Dated :
30.05.1966
To The Superintendent of Police, Central Bureau of Investigation, All Branches/Units. Sub.: Instructions regarding the preservation of records relating to Administration and Accounts matters. Sir, In continuation of this office circular of even number dated 09.07.1962, I have the honour to send herewith a copy of the statement showing the period of retention of records in the CBI in respect of Administration and Accounts matters. The records will be weeded out after the stipulated period mentioned in Col.3 of the statement.
A list of the
records weeded out should be made before they are destroyed. Yours faithfully,
Sd./(O.P.Bansal) Administrative Officer/CBI.
Copy forwarded for information and necessary action to : 1.
AD.I, II, III, IV Sections, Head Office.
3. SPE Gazette Clerk.
Page 469 of 469
4.
Annexure – XXIII(C)
No.40/86/69- AD.II Government of India Central Bureau of Investigation Ministry of Home Affairs New Delhi Dated :
28.02.1970
To All Superintendents of Police, Central Bureau of Investigation, Branches. Sub.: Maintenance of register relating to old records - instruction regarding Sir, It has been observed that for some time past references are being received in this office from the CBI Branches regarding the period of preservation of different types of records.
It is felt that such references
emanate as the contents of this office letter No.84/5/62-Estt., dated 9th July, 1962 and 30th May, 1966 and 10/122/65-AD.II dated .5.67
are
perhaps not widely known. With a view of eliminating such references to this office copies of the said letters are enclosed once again for circulation to all concerned in your office. Yours faithfully,
Sd./(Badri Nath) Administrative Officer CBI. FOR CALCUTTA This disposes of your letter No.4/16(E)/87(1)/EOW/Calcutta - 67 dated 21.01.70. FOR KERALA This disposes of your letter No.68(I)/69/KER-GW.IV dated 05.02.70.
Page 470 of 470
SPECIAL POLICE ESTABLISHMENT STATEMENT SHOWING THE PERIOD FOR WHICH THE RECORDS PERTAINING TO ADMINISTRATIVE SIDE IS TO BE PRESERVED.
Sl. No. 1 1
2
3
4 5
6
7 8 9 10 11 12 13
14
Description to the Period for which to be Remarks Register/Record etc. preserved. 2 3 4 Receipt Register in the 8 years case of Branches and Section Diary in case of Head Office Register of Inter- 1 year after all the references Sectional Movement entered in the Register have been returned to the originating Section Despatch Register 5 years or until the completion of local audit which ever is later Period Book 3 years Assistant Diary 1 year after all the receipts entered therein have been disposed of. File Register 15 years Before a file register is actually destroyed a list of files entered in the Register should be made out. List of Files Permanent Weekly Arrear 1 year Statement Suspense and 1 year Reminder Diary Statement of periodical 1 year returns and reports Precedent Book Permanent Attendance Register 2 years Postage Stamp 3 years or until the Accounts Register completion of the local audit whichever is earlier. Quarterly and Annual 3 years Inspection Reports
Page 471 of 471
ESTABLISHMENT AND ADMINISTRATION Sl. No. 15 16 17
18 19
20
21
22
23 24 25 26
27
28
29
30
31
32 33 34 35
Description to the Register/Record etc. Establishment Register Standing orders issued from Head Office. General orders of important nature issued by the Government of India Amendments etc. issued to the Service Rules. Parliament Questions and correspondence connected thereto. Instructions regarding pay and allowances admissible to the SPE Officers. Appointment, transfer, posting etc. of officers in SPE/CBI. Leave applications and correspondence regarding grant of leave etc. Leave Account of NonGazetted Staff Extension of deputation continuation in service etc. Departmental Enquiry file against SPE Staff. Correspondence regarding renting of Office Accommodation. Correspondence regarding permission etc. to attend the Court Correspondence regarding allotment of residential/ office accommodation by the Government. Correspondence regarding addresses of Officers, Staff, State IsG, etc. Correspondence regarding the issue and printing etc. of DSPE Identity Cards. Correspondence regarding the printing, issue etc. of Railway Warrants. Register of Identity Cards. Register of stock of Identity Cards. Register of stock of Railway Warrants. Reward Rolls correspondence regarding
Period for which to be preserved. Permanent Permanent
Remarks
Permanent
Permanent 5 years
Permanent
5 years after the date of transfer or reversion etc. 3 years
3 years after death or retirement. 5 years after the date of reversion or retirement. 3 years after the proceedings are over. 2 years after the accommodation is vacated. 2 years.
2 years after vacation accommodation.
the of
1 year.
3 years.
2 years.
Permanent. Permanent. Permanent. 3 years.
Page 472 of 472
36
Property returns and Permanent. correspondence relating to.
37
Correspondence regarding 5 years. Typewriting test - UPSC. Civil Lists and their 5 years. amendments. Verification of antecedents Permanent. and correspondence relating thereto.
38 39
40
41 42
43 44 45 46 47 48 49 50
51 52 53 54 55 56 57
58 59 60 61
Indian Police Medal, 10 years. President's Police Medal Recommendations for the award of. Promotion Rolls and 5 years. correspondence thereto. Quasi-Permanancy Permanent correspondence regarding
Casual leave applications All India Police Meets Correspondence regarding Casual leave Register Annaul Establishment Returns. Punishment Register Office Order Book. Register of Service Books Increment Register
May be destroyed 4 years after the date of retirement.
May be destroyed 4 years after the date of retirement.
May be destroyed 4 years after retirement.
1 year. 5 years. 1 year. Permanent.
Since discontinued.
5 years. Permanent. Permanent. 3 years after the new register has been started. Long Leave Register 5 years. Register of building Permanent. leased/rented etc. Duty Register 3 years. Surprise check Register of 2 years. Guards. Command Certificates 5 years. original and copies thereof. Annual Administration Permanent. Report on SPE/CBI. Personal files of officers. 10 years after reversion or 5 years after death or retirement. Service Books. Permanent. Cash Book. 20 years. Register of contingent 5 years. Expenditure. Detailed Budget Estimates 5 years. of an office.
Page 473 of 473
62
63
64 65 66 67 68
69
70 71
72 73 74 75 76 77
78 79
80 81 82 83 84
85 86
87
Travelling Allowance Bills and acquittance roll relating thereto. Statement of monthly progressive expenditure and correspondence relating thereto. Contingent Bills. Special Counsel’s Bills Special Counsels fee Register. Bill Register Pay Bills and acquittance Rolls where these are maintained separately of Govt. servants for whom no Estt. returns are submitted or no S. Books are maintained. Pay Bills of other classes of Govt. servants and acquittance rolls for pay and allowances other than travelling allowance (when maintained separately) Pay Bill Register Medical Charges, pay advance, GPF advance and reward Bills. Receipt Books (counterfoil) Stock Register of Receipt Books. Muster Roll. Dead Stock Register Stock Register of vehicles. Register of Life Insurance Policies financed from GP Fund. Treasury Challan Register Telephone and Trunk Call Register.
3 years.
2 years.
5 years. 5 years. 5 years. 20 years. 35 years.
6 years.
Permanent. 6 years.
20 years. Permanent. 3 years. Permanent. Permanent. Permanent.
Permanent. 2 years or when the local audit is over whichever is later. Cycle Register 10 years. Type-Writing Register 10 years. Stationary and forms 5 years. Register. PTO Concession Register. 5 years. Book adjustment Register 2 years after all adjustment have been made. Register of R.T.R. 5 years. Leave salary contribution 5 years after all the Register. adjustments have been made. Original Treasury Challans. Permanent.
Page 474 of 474
88 89 90 91
92 93
94
95 96 97 98
99
100 101
TA Bill Register. Malkhana Inspection Register. Register of cash and jewellery. Log Book of vehicles.
10 years. 33 years after the last inspection is over. Permanent.
3 years or when the local audits is over whichever is later. Vehicle Requisition Slips. 2 years. Office copies of pay bills of To be given to the Gazetted Officers. Officers at the time of Transfer etc. as they are their own drawing officers.
After the introduction of pay bills registers, separate pay bills are not prepared for Gazetted Officers.
Register of advances.
2 years after the advances have fully been recovered. Electric and Water charges 3 years. Register. Correspondence regarding 3 years. the issue of Bank drafts etc. Correspondence regarding 5 years. the recoveries from the staff. Register showing 1 year. acknowledgment of cheques to Gazetted Officers. Correspondence regarding 10 years. TA Bills of Gazetted and non-Gazetted. Audit Inspection Reports. 10 years. Appropriation Accounts. 5 years.
Page 475 of 475
STATEMENT SHOWING THE PERIODS FOR WHICH THE RECORDS PERTAINING TO ADMINISTRATION AND ACCOUNTS MATTER ARE TO BE PRESERVED. Sl. No. 1 1 2 3 4
5 6 7
8 9 10 11 12
13 14 15 16 17 18 19
20
Description or the Register/ Record etc. 2 Shorthand note books relating the Administrative work. Shorthand note book relating to Crime work. GP Fund correspondence Accounts slips etc. Secret Service Registers showing trap accounts.
Period for which they are to be preserved. 3 Six months from the date of last entry in the book. 2 years from the date of last entry. Till the account is settled.
May be destroyed after 5 years from the date when all the correspondence regarding amounts paid from SS Fund have been received back (in case of writings off it may be destroyed 2 years after writing off). invoice 5 years.
Invoice Register and counter-foils. Dealing Clerk Diary including Assistant Diary. Supply of typewriters correspondence etc.
2 years after all receipts entered therein have been disposed of. 5 years or till all the adjustments have been made, whichever is earlier. course 3 years.
SPE Officers training correspondence etc. Telephone Trunk Call Bills correspondence etc. Reconciliation of accounts file correspondence etc. Purchase of furniture file correspondence etc. Deputation of State Police Officers - correspondence etc.
Upto 3 years after clearing the bills. Upto 3 years after reconciliation. 5 years.
5 years after the deputationist concerned has been reverted to his parent State. - 1 year.
List of Govt. holidays files correspondence. Grant of House Rent Allowance files - Correspondence etc. Grant of Cycle Allowance files correspondence etc. Conveyance Allowance files correspondence. Clothing Allowance and other correspondence etc. Leave Salary Contribution files correspondence etc. Monthly return of rewards and punishments files correspondence etc. Hindi Classes for Govt. Servants in SPE Files.
5 years. 5 years. 5 years. 5 years. 3 years. 2 years.
3 years.
Page 476 of 476
21 22 23
24 25
Supply of stationery and forms files - correspondence etc. Correspondence regarding service books and character rolls of staff. Grant of Festival Advance paid to Govt. Servants - correspondence etc. Contingent Vouchers. Contingent Bills Register.
3 years. Permanent. Upto 3 years after repayment.
5 years. 5 years (this period has been prescribed in modification of the period prescribed against Sl.No.67 in the statement attached with letter No.84/5/62-Estt. dated 09.07.62.
Page 477 of 477
Annexure – XXIII(D)
No.10/122/65-AD.I Government of India Ministry of Home Affairs Central Bureau of Investigation East Block No.7, R.K.Puram
Dated :
09.05.1967
To The Superintendents of Police, Central Bureau of Investigation All Branches/Units. Sub.: Instructions regarding the preservation of records relating to Administration and Accounts matters. Sir, In
continuation
of
this
office
letter
No.84/5/62-Estt.
dated
30.05.1966, I have the honour to send herewith a copy of the statement showing the period of retention of records in the CBI in respect of Administrative and Accounts matters. The records will be weeded out after the stipulated period mentioned in Col.3 of the statement. A list of records weeded out should be made before they are destroyed. Yours faithfully,
Sd./(Badri Nath) Administrative Officer CBI. Copy forwarded for information and necessary action to : 1.
AD.I, II, III, IV Section, Head Office.
2.
Copy to DIG/CBI/Calcutta. Sd./(Badri Nath) (Administrative Officer) CBI.
Page 478 of 478
STATEMENT SHOWING THE PERIODS FOR WHICH THE RECORDS PERTAINING TO ADMINISTRATIVE AND ACCOUNTS MATTERS ARE TO BE PRESERVED. Sl. No.
Description of the record
1 1
2 Advance for the purpose of purchasing Motor Car. Advance for the purchase of Motor Cycle. Income Tax. Office orders regarding change in Pay/Transfer etc. Sanction for travel beyond jurisdiction. Adjustment of Railway Warrants. Correspondence regarding savings and excess. Correspondence regarding hot and cold weather charges. Correspondence regarding permanent advance. Correspondence regarding Liveries. Correspondence regarding Prolonged Halts. Correspondence regarding Government Vehicles. Correspondence regarding Declaration of Head of Office, Drawing and Disbursing Officer etc. Correspondence regarding Delegation of financial powers to subordinate authorities. Correspondence regarding Rules & General Orders, GFR etc. Correspondence regarding Misc. accounts. Malkhanas - instructions regarding. Estt. Correspondence regarding fixation of pay of Officers (directly recruited). Correspondence regarding control over expenditure and submission of monthly statement under delegation of financial powers by the Administrative Ministries to lower authorities. Correspondence regarding rate contractCorrespondence regarding Annual statement of GPF of class IV Government servants. Correspondence regarding pay
2 3 4 5 6 7 8 9 10 11 12 13
14
15 16 17 18
19
20 21
22
Period for which to be preserved after the file is closed. 3 5 yeas after recovery of advance. 5 yeas after recovery of advance. 10 years. 5 years after transfer/reversion of the officer. 3 years. 5 years. 5 years. 3 years. To be preserved permanently. 5 years. 3 years. To be preserved permanently. 3 years.
To be preserved permanently.
To be preserved permanently. 3 years. To be preserved permanently. To be preserved permanently.
3 years.
3 years. To be preserved permanently.
10 years.
Page 479 of 479
23 24 25 26
27 28
29 30 31 32 33 34 35 36
37 38 39 40 41 42 43
44
fixation of officers employed on deputation. Special pay to Cashier. Continuance of posts in the SPE. Sanction of posts by IGP/SPE. Distribution of Central Govt. servants/Public enterprise, employees according to pay range. Monthly return of vacancy position and staff strength. Annual return of Compulsory retirement of Ministerial Government Servants. Pay fixation of Police Officers in the CBI - correspondence regarding Misc. matters. Annual increment to the Executive staff in CBI. Annual increment to the Ministerial Staff in CBI. Annual increment to the Class IV Government Servants in CBI. Confidential reports on CBI Staff.
10 years. To be preserved permanently. To be preserved permanently. 5 years.
1 year. 3 years.
10 years. 3 years. 3 years. 3 years. 3 years.
Till transfer of Officer from Branch. - 5 years.
Training of Executive Staff correspondence regarding Half yearly report regarding the progress made in the teaching of Hindi to Central Govt. servants. Provisions of Uniform to Police Officials - correspondence regarding Declaration of Home Town, Leave Travel Concession - correspondence. Jurisdiction of CBI Branches. Annual report of CBI. Provisions of Armed Police Guard. Treasury Voucher statement. Correspondence regarding advance in connection with festivals and floods. Correspondence regarding Stationery indents, rules and local purchase of Stationery.
3 years.
5 years. To be preserved permanently. To be preserved permanently. To be preserved permanently. 10 years. 3 years. 3 years.
3 years.
Page 480 of 480
Annexure – XXIII(E)
No.40/86/69-AD.II Government of India Central Bureau of Investigation Express Building, New Delhi Dated : 25th April, 1972 To The Superintendent of Police, Central Bureau of Investigation, Ambala. Sub.: Instructions regarding the preservation of records relating to Administrative matters. Sir, With reference to your letter No.506/74/Estt./71-72-GW.II/Amb. dated 03.03.1972 on the subject cited above, I have the honour to enclose herewith a list showing the period of preservation of records referred to by you. 2.
Detailed instructions regarding the period of preservation of records
relating to establishment and account matters are available in Appendix 5 of Notes on ‘Office Procedure’ published by the Sectt. Training School, Deptt. of Personnel, New Delhi and Appendix 30 of G.F.P. 1963. Yours faithfully, Sd./(G.L.Agarwal) Administrative Officer CBI. Encl.: Copy forwarded to all Branches of CBI alongwith the enclosure. SP/SPE/Lucknow only. This disposes of your letter No.2675/24/A/60 dated 17.02.72. Personal files of the Officers who are transferred from one Branch to another Branch are to be retained for a period of 5 years after their retirement. Such files need not to be transferred to the Branches where the officers are transferred. SP/SPE/N&CC, New Delhi. This No.11/33/72-N&CC/681 dated 11.02.1972.
disposes
of
your
letter
Copy to AD.I/V/II/Hindi Section/CFSL/Co-ord. Wing & Policy & Organisation Division. Sd./(G.L.Agarwal)
Page 481 of 481
Administrative Officer(E) CBI.
Sl. No. 1 1 2
3 4 5
6 7 8 9
10
11
12
13 14
15
16
Subject 2 Correspondence regarding children education allowance. Correspondence regarding progress achieved in the representation of Scheduled Castes & Scheduled Tribes in the Govt. of India. Training Register of newly recruited SIs. Correspondence regarding service stamps. Books and publications :(a) Purchase of Books. (b) Lending and issue. (c) Inventory Catalogue. (d) Library accession register. (e) Library membership register. Correspondence regarding property declaration. Correspondence regarding Organisation of sports in CBI Branches. Correspondence regarding reservation of Rest House for Staff. Correspondence regarding forwarding of applications for appointment outside SPE Branches. Correspondence regarding confirmation, permanent absorption of Constables.
Period of preservation. 3 5 years 5 years
3 years. 5 years.
5 years. 1 year. 5 years. Permanent. 3 years. 5 years. 1 year. 1 year.
This should be dealt with in the personal file of the Officer concerned. 10 years (authenticated copies of the orders should be available in the personal files and the appropriate entries should be made in the service book). Correspondence regarding handling This should be dealt with over/taking over of charge by the in the personal file of the officer/official in CBI Branches and Head officer concerned. Office. Correspondence regarding grant of 5 years after retirement. extension/re-employment to Govt. servants on their attaining the age of superannuation. Correspondence regarding loss and issue 5 years. of Railway Warrants. Correspondence regarding 5 years after all the implementation of decision of SPE decisions have been Conference. implemented. Correspondence regarding voluntary 3 years. contribution for helping the families of officers of the CBI Branches. Tution fee to CBI employees. 5 years.
Page 482 of 482
17
Correspondence regarding Building Advances.
House 3 years recovery.
after
final
Annexure – XXIII(F)
No.13/8/70-O&M Government of India/Bharat Sarkar Ministry of Home Affairs (Grih Mantralaya) Deptt. of Administrative Reforms (Parashanik Sudhar Vibhag) Sardar Patel Bhawan, New Delhi. Dated :
15th, October, 1971
OFFICE MEMORANDUM Sub.: Retention periods for records relating to pensionary benefits and personal cases.
The undersigned is directed to refer to O&M Division’s Office Memorandum No.34/4/61-O&M dated 21.01.1963 regarding retention periods for records common to all Ministries/departments and the first list of additions and alternations thereto circulated on 2nd July, 1963.
The
retention periods for records relating to grant of pensionary benefits vide items 21-22 and 71-A(B-b) of the said schedule have been reviewed in the light of the provisions of the Family Pension Scheme, 1964. It has been decided to revise the retention periods then prescribed as in the enclosed statement.
The C&AG and the Department of Expenditure have been
consulted.
Sd./(A.T.Govindarajan) Deputy Director
Page 483 of 483
STATEMENT SHOWING RETENTION PERIOD FOR RECORDS RELATING TO PENSIONARY BENEFITS AND PERSONAL CASES.
Sl. No. 1 1
No. of item in the schedule. 2 21
2
22
3
74-A(b)
4
74-A(c)
5
74-A(d)
Subject
3 Service Books (including leave account).
Period recommended
Remarks.
4 3 years after death/ retirement or the date of finalisation of the pension, whichever is later. Personal files. 3 years after death/ retirement or the date of finalisation of the pension, whichever is later. Invalid Pension. Till the youngest son/daughter attains majority or five years, whichever is later. Family Pension. Till the youngest son/daughter attains majority or five years, whichever is later. Other Pension. Till the youngest son/daughter attains majority or five years, whichever is later.
5
Page 484 of 484
Annexure - XXIV
REGISTER FOR WATCHING THE PROGRESS OF RECORDING Section________________________ Month and year____________
File marked for record during the month S.No.
File No.
File recorded during the month S.No.
File No.
Page 485 of 485
Annexure - XXV
RECORD REVIEW REGISTER
DEPARTMENT ________________ YEAR OF REVIEW ______________
File No. No.
NOTE :
File No.
File No.
File
This register will be maintained for class ‘C’ files
only.
Page 486 of 486
Annexure - XXVI
LIST OF FILES DUE FOR REVIEW
Sl. No.
File No.
Instructions of reviewing authority.
1
2
3
INSTRUCTIONS 1.
The Departmental Record Room will prepare this list in triplicate by completing column 1 and 2 only.
2.
The Section responsible for review will sign one copy of the list and return it to the Departmental Record Room by way of acknowledgement, retaining the other two copies.
3.
After review, the Section concerned will complete column 3 of the list in both the copies by indicating. (a) (b) (c)
4.
The word ‘keep’ in the case of files proposed to be retained indefinitely; The letter ‘W’ in the case of files desired to be weeded out; and The precise year of weeding, in the case of class ‘C’ files proposed to be retained for a further period not exceeding 10 years from the date of their closing.
Both the copies of the list should accompany the files returned to the Departmental Record Room which will sign one copy and return it to the section concerned by way of acknowledgement.
Page 487 of 487
Annexure - XXVII WEEKLY ARREAR STATEMENT (for individual dealing hand) Section________________ Name of dealing hand____________________
Week ending
Number of receipts/cases In hand
1
Initials of dealing hand
BF from previous week
Received during the week
Total of cols. 2 and 3
Dealt with during the week.
Total
Over 7 days
2
3
4
5
6
7
8
INSTRUCTIONS 1. 2.
3.
4.
Column 2 will repeat the figure shown in column 6 in respect of the preceding week. Column 3 of the statement will also include 'come-back' cases and will represent the total number of receipts and cases as entered in the assistant's diary for the week under report. The figure in column 5 can be ascertained by scanning through entries in column 4 of the assistant's diary in respect of receipts and cases: (a) received during the week under report and the preceding week; and (b) included in the statement of more-than-one-week-old receipts/cases submitted with the arrears statement for the preceding week. Column 6 will represent the difference between columns 4 and 5.
Page 488 of 488
5. 4. The same form will be used to give a running account of the state of work, week by week, for the whole year.
Page 489 of 489
Annexure - XXVIII
STATEMENT SHOWING PARTICULARS OF RECEIPTS/CASES IN HAND FOR MORE THAN 7 DAYS
Name of the dealing hand____________________ Week ending_______________
Diary No.
Date from which pending
Brief subject
Reasons for delay
Remarks of section officer/hisher officer
Action taken on remarks in Col.5
1
2
3
4
5
6
Page 490 of 490
Annexure - XXIX
CASE SHEET
File/Diary No.
________________
Subject
________________
Date of commencement
________________
Month ending
With whom pending and since when
Reasons for delay
1
2
3
Remarks of U.S. and higher officers 4
INSTRUCTIONS 1.
A separate sheet will be maintained for each case.
2.
The statement will cover not only originating section's own files but also files received by it from other sections/departments and other PUCs for which no files has been opened. The last two categories of cases will be identified by their diary numbers.
3.
The date of commencement of a case will normally be the date of receipt of the PUC and can be ascertained from the file register in the case of originating section's own files and from the section diary or assistant's diary, in other cases.
4.
Entries in column 2 will be made on the basis of entries in the file movement register, section/desk diary.
Page 491 of 491
Annexure - XXX CALL BOOK
Sl. No.
File No.
Date of commencement of file
Subject
Reason why no further action can be taken for over six months
Date on which action is to be restarted.
Remarks of B.O. Divisional Head at the time of review
Date of restarting.
1
2
3
4
5
6
7
8
Page 492 of 492
Annexure - XXXI NUMERICAL ABSTRACT OF CASES PENDING DISPOSAL FOR OVER A MONTH
Section_____________________ Year _________________________
As on Number of cases (other than those transferred to Number of the call book) pending disposal cases last transferred day to call of book
1 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
between between between between over 2 Total 1 & 33 & 66 1 & 2 years of months months months years cols. and one 2-6 year 2 3 4 5 6 7
Initials of section officer/ desk functionary
8
9
CONSOLIDATED NUMERICAL ABSTRACT OF CASES PENDING DISPOSAL OF OVER A MONTH
Department_____________________ Month ending_________________________
Section Number of cases (other than those transferred to call Number of book) pending disposal cases transferred to call
Variation from previous months
Page 493 of 493
between between between between over 1 & 3 3 & 6 6 1 & 2 2 months months months years years and one year 1
2
3
4
5
6
Total book of cols. 2-6
7
8
in the case of col. 7 9
Page 494 of 494
in the case of col. 8 10
Annexure - XXXII
MONTHLY PROGRESS REPORT ON RECORDING OF FILES
Section _______________ Month ending
Number of files BF from previous month
1
2
Marked for record during the month 3
Recorded during the month
4
Initials Remaining to be recorded at the end of the month (2+3-4) 5
Record Clerk/ Asstt.
Section Officer/ desk functionary
6
7
INSTRUCTIONS 1.
Column 2 will repeat the figure in column 5 for the preceding month.
2.
2. Column 3 and 4 will be filled on the basis of the register for watching the progress of recording.
Page 495 of 495
Annexure - XXXIII REGISTER OF PARLIAMENTARY ASSURANCES
LOK SABHA RAJYA SABHA Section/Desk____________________ Sl. No.
1
Date
2
Reference
3
Subject
4
Assurance given
5
How fulfiled
6
Date on which Sent to Department of Parliamentary Affairs. 7
Laid on the Table of the House. 8
INSTRUCTIONS 1.
Column 2 will show the date on which the assurance was given.
2.
Column 3 will indicate the No. of the question, name of bill, resolution, motion etc., in connection with which the assurance was given and also reference to the communication from the Department of Parliamentary Affairs with which it was received.
Page 496 of 496
Annexure - XXXIV
CHECK LIST FOR WATCHING RECEIPT OF INCOMING PERIODICAL REPORTS FOR THE YEAR _____
Department ____________________________ Section/Desk ____________
S. Title of Periodicity No. the report and File No. 1
2
3
Due date of receipt
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 4 5 6 7 8 9 10 11 12 13 14 15
INSTRUCTIONS 1.
If the periodicity of a report is more than a month, the prescribed date(s) will be shown under the appropriate months only. For example, if a quarterly report is due on 15th Jan., April, July and Oct., only col. 4,7,10 and 13 will be filed by indicating the figure 15 under each. 2. 2. If a report is to be received of other than once a month, two or more entries depending on the frequency of the report will be made in columns 4 to 15. Thus, for instance, a fortnightly report will require two entries to be made under each month.
Page 497 of 497
Annexure - XXXV
CHECK LIST FOR WATCHING DESPATCH OF OUTGOING PERIODICAL REPORTS FOR THE YEAR ____
Department ____________________________ Section ____________
Sl. Title of Periodicity No. the report and File No.
Due date of despatch
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
INSTRUCTIONS 1.
If the periodicity of a report is more than a month, the prescribed date(s) will be shown under the appropriate months only. For example, if a quarterly report is due on 15th Jan., April, July and Oct., only col. 4,7,10 and 13 will be filed by indicating the figure 15 under each.
2.
If a report is to be dispatched of other than once a month, two or more entries depending on the frequency of the report will be made in columns 4 to 15. Thus, for instance, a fortnightly report will require two entries to be made under each month.
Page 498 of 498
