Tuesday, January 7, 2014

Central Government Employees Residents Welfare Associations - submission of Accounts for the year 2012-2013 - regarding.

Grants-in-aid for the year 2013-14 to the Central Government Employees Residents Welfare Associations - submission of Accounts for the year 2012-2013 - regarding.

No.7/2/2013-Welfare
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
3rd floor, Lok Nayak Bhawan,
New Delhi - 110003
Dated, 30th December, 2013
To
The Secretaries of the Grantee,
Central Government Employees Residents Welfare Associations
(As per list).

Subject : - Grants-in-aid for the year 2013-14 to the Central Government Employees Residents Welfare Associations - submission of Accounts for the year 2012-2013 - regarding.

Sir,
I am directed to say that the Department of Personnel and Training has been sanctioning Grants-in-aid to the eligible recognized Residents Welfare Associations formed by the Central Government Employees in residential colonies to enable them to meet a part of their expenditure on the welfare activities, programmes during the financial year. The recognized Central Government Employees Residential Welfare Associations eligible to receive grants-in aid may please send a request ot this effect to this Department in the prescribed proforma.

2 The recognized Central Government Employees Residents Welfare Associations are requested to send their request keeping in view the following guidelines :-

(a) Central Government employees and employees of the Delhi Administration shall qualify for regular membership of an Association in respect of the grants-in-aid from the Department of Personnel and Training subject to fulfillment of conditions as laid in para (b) to (f) of clause II (2) of the rules and regulations under the Model Constitution.

(b) Grants-in -aid admissible will be subject to an upper ceiling of Rs.10,000 during a financial year.

(c) Consolidated accounts for the previous financial year may be provided in Annexure "A' signed by the President, Secretary, Treasurer and Internal Auditor.

(d) A complete list of all the members showing their names, residential address, official designation and address as on 31.3.2013 may be submitted as in Annexure - 'B'.

(e) All the vouchers relating to every head of expenditure as appearing in Annexure 'A', should be maintained by the Association, so as to verify the expenditure as and when needed.

(f) The stock register maintained by the Association as audited and certified by the Internal Auditor after physical verrification should be maintained by the Asscoation. The Department of Personnel and Training may verify the stock register as and when required Similarly, the inventory of articles should also be maintained.

(g) A copy of the minutes of the General Body meeting wherein the accounts of the Association and other activities thereof for the previous year etc. have been approved may be submitted (Annexure - 'L').

(h) Utilization certificate in respect of the grant-in-aid provided by this Department and information regarding Assests acquired wholly or substantially funded from the grant may also be furnished as per proforma in Annexure 'G' and 'H' respectively.

(i) A report on the acitivties of the Association with reference to the Annual Action Plan  as provided in Clause VII of the rules and regulations framed under the Model Constitution may also be prvided (Annexure 'K')


3. It may be noted that even if the Association isnot keen to obtain further grants-in aid from the Government, it shall have to render full and satisfactory accounts of the grants taken in the past. In case any Association fails to get grants-in -aid for any reason for two consecutive years, such Association will stand derecognized. Those Associations which have nto sent acknowledgements in token of having received the grants-in -aid for the year 2012-13 so far, are requested to send the same.

4. CGERWAs are requested to send thier request complete in all respects to DOP&T preferably by 20.01.2014 during the current financial year for further necessary action in the matter.

Yours faithfully,
sd/-
(Pratima Tyagi)
Director (Canteen)
Source : www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/grant0001.pdf]

DoPT clarfication on Rule 32 of the CCS(CCA) Rules, 1965: Advice of the UPSC to be communicated along with final order of penalty

DoPT clarfication on Rule 32 of the CCS(CCA) Rules, 1965: Advice of the UPSC to be communicated along with final order of penalty

 No. 11012/8/2011-Estt.(A)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training

North Block, New Delhi
January 6, 2014
OFFICE MEMORANDUM

Subject: – Rule 32 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 – Advice of the Union Public Service Commission (UPSC) to be communicated to the delinquent Government servant along with the final order of penalty- Amendment – regarding

The undersigned is directed to refer to the provisions of the Rule 32 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and to say that the nature of consultation with the Union Public Service Commission (UPSC) and the manner of communication of the advice of the UPSC to the delinquent Government servant have been subject matter of litigation in some cases in CAT/High Courts etc. The Hon’ble Supreme Court in the T. V. Patel case, delivered on 19.04.2007, held that the Disciplinary Authority is not required to furnish a copy of the advice tendered by the Union Public Service Commission to the Charged Officer before the final order of penalty is passed. Accordingly, vide Office Memorandum No. 11012/10/2007- Estt.(A) dated 07.01.2008, the Ministries/ Departments/ Offices were requested to comply with the existing provisions of CCS(CCA) Rules, 1965 and bring the contents of the O.M. to the notice of all concerned for adopting a uniform stand.

2. Now, the Hon’ble Supreme Court in its judgment on 16.03.2011, while dismissing the Civil Appeal No. 5341 of 2006 in the matter of Union of India & Ors. vs S. K. Kapoor, has held that it is a settled principle of natural justice that if any material is to be relied upon in departmental proceedings, a copy of the same must be supplied in advance to the charge sheeted employee so that he may have a chance to rebut the same. The Hon’ble Court also observed that there may be a case where the report of the Union Public Service Commission is not relied upon by the disciplinary authority and in that case it is certainly not necessary to supply a copy of the same to the concerned employee. However, if it is relied upon, then a copy of the same must be supplied in advance to the concerned employee, otherwise, there will be violation of the principles of natural justice.

3. The matter has been examined in consultation with Department of Legal Affairs and it has been decided that in compliance of the judgement of the Hon’ble Supreme Court in S.K. Kapoor case, a copy of the advice of UPSC, in all cases where the Commission is consulted, may be provided to the Charged Officer, not withstanding the provisions of Rule 17 and Rule 32 of CCS (CCA) Rules, 1965 before a final decision is taken by the Disciplinary Authority (DA).

4.Accordingly. it has been decided that in all disciplinary cases where the Commission is to be consulted, the following procedure may be adopted:
(i) On receipt of the Inquiry Report, the DA may examine the same and forward it to the Commission with his observations;

(ii) On receipt of the Commission’s report, the DA will examine the same and forward the same to the Charged Officer along with the Inquiry Report and his tentative reasons for disagreement with the Inquiry Report and/or the advice of the UPSC;

(iii) The Charged Officer shall be required to submit, if he so desires, his written representation or submission to the Disciplinary Authority within fifteen days, irrespective of whether the Inquiry report/advice of UPSC is in his favour or not.

(iv) The Disciplinary Authority shall consider the representation of the Charged Officer and take further action as prescribed in sub-rules 2(A) to (4) of Rule 15 of CCS (CCA) Rules, 1965.

5.A flow chart indicating the present and revised procedure is annexed for ready reference.

6. All Ministries/ Departments/Offices are requested to bring the above guidelines to the notice of all Disciplinary Authorities under their control. All cases, where final orders have not been issued may be processed as per these guidelines.

7. Formal amendment to CCS (CCA) Rules will follow.

8.Hindi version will follow.

(J.A.Vaidyanathan)
Director (E)
Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/11012_8_2011-Estt.A-06012014.pdf]

Seventh Pay Commission: Details of questions asked in Lok Sabha

Seventh Pay Commission: Details of questions asked in Lok Sabha
Details of questions asked in Lok Sabha about announcement of Seventh Pay Commission, in this regard PIB news was shared "Process to Constitute the 7th Central Pay Commission Along with Finalization of Its Terms of Reference, The Composition and Timeframe Initiated : Govt reply in Lok Sabha":-

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
LOK SABHA
UNSTARRED QUESTION NO 242
ANSWERED ON 06.12.2013

SEVENTH PAY COMMISSION

242 . Shri JEETENDRA SINGH BUNDELA

Will the Minister of FINANCE be pleased to state:-

(a) Whether Seventh Pay Commission for Central Government employees has been announced by the Government;
(b) if so, the details thereof;
(c) the time by which the said Commission is expected to submit its report along with the date from which it is likely to be implemented; and
(d) whether representatives of defence forces have been included in this Commission; and
(e) if so, the details thereof?


ANSWER

MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI NAMO NARAIN MEENA)

(a) : Yes, Sir.

(b) to (e): The Government has initiated the process to constitute the 7th Central Pay Commission along with finalization of its Terms of Reference, the composition and the possible timeframe for submission of its Report. The date of effect thereof will be known once the Report is available.

Courtesy: Lok Sabha
Via: Karnmk.blogspot.in

Retirement Age 62, Merger of DA, Scrapping of NPS, inclusion of federation leaders in 7th CPC etc. - Memorandum submitted to PM

Retirement Age 62, Merger of DA, Scrapping of NPS, inclusion of federation leaders in 7th CPC etc. - Memorandum submitted to PM

Memorandum Submitted
By Express News Service - KOCHI
Published: 06th January 2014 09:21 AM

A confederation of recognised federations has submitted a memorandum to Prime Minister Manmohan Singh putting forth demands like extention of the age of superannuation of Central Government employees to 62 years.

Other demands of the federations include scrapping of the new pension scheme, inclusion of departmental nominees and federation leaders in the Seventh Pay Commission, merger of 50 per cent of DA with basic pay, etc.


Source: http://www.newindianexpress.com/

Income-Tax Deduction from Salaries during the Financial Year 2013-14: IT Circular No. 08/2013 Part-I

Income-Tax Deduction from Salaries during the Financial Year 2013-14: IT Circular No. 08/2013 Part-I
CIRCULAR NO : 08 /2013

F.No. 275/192/2013-IT(B)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes

New Delhi, dated the 10th October, 2013

SUBJECT: INCOME-TAX DEDUCTION FROM SALARIES DURING THE FINANCIAL YEAR 2013-14 UNDER SECTION 192 OF THE INCOME-TAX ACT, 1961.
Reference is invited to Circular No.08/2012 dated 05.10.2012 whereby the rates of deduction of income-tax from the payment of income under the head "Salaries" under Section 192 of the Income-tax Act, 1961(hereinafter ‘the Act’), during the financial year 2012-2013, were intimated. The present Circular contains the rates of deduction of income-tax from the payment of income chargeable under the head "Salaries" during the financial year 2013-2014 and explains certain related provisions of the Act and Income-tax Rules, 1962 (hereinafter the Rules). The relevant Acts, Rules, Forms and Notifications are available at the website of the Income Tax Department- www.incometaxindia.gov.in.

Para 2. Rates of Income-Tax as per Finance Act, 2013

Para 3:  Method of Tax Calculation - Broad Scheme of Tax Deduction at Source from Salaries

Para 4: TDS Return - Person Responsible Tax Deduction and their Duties: Income Tax on Salaries

Para 5: Computation of Income under the Head Salaries - Income Chargeable, Exemptions, Deductions u/s 16 & Chapter VI-A


Para 6 to 10 of IT Circular No. 08/2013:
6. REBATE OF RS 2000 FOR INDIVIDUALS HAVING TOTAL INCOME UPTO RS 5 LAKH [SECTION 87A]

Finance Act 2013 has provided relief in the form of rebate to individual taxpayers, resident in India, who are in lower income bracket, i. e. having total income not exceeding Rs 5,00,000/-. The amount of rebate is Rs 2000/- or the amount of tax payable, whichever is lower.

7 TDS ON PAYMENT OF ACCUMULATED BALANCE UNDER RECOGNISED PROVIDENT FUND AND CONTRIBUTION FROM APPROVED SUPERANNUATION FUND:

7.1 The trustees of a Recognized Provident Fund, or any person authorized by the regulations of the Fund to make payment of accumulated balances due to employees, shall in cases where sub-rule(1) of Rule 9 of Part A of the Fourth Schedule to the Act applies, at the time when the accumulated balance due to an employee is paid, make therefrom the deduction specified in Rule 10 of Part A of the Fourth Schedule to the Act.

The accumulated balance is treated as income chargeable under the head “Salaries”

7.2 Where any contribution made by an employer, including interest on such contributions, if any, in an approved Superannuation Fund is paid to the employee, tax on the amount so paid shall be deducted by the trustees of the Fund to the extent provided in Rule 6 of Part B of the Fourth Schedule to the Act. TDS should be at the average rate of tax at which, the employee was liable to be taxed during the preceding three years or during the period, if that period is less than three years, when he was member of the fund.

The deductor shall remain liable to deduct tax on any sum paid on account of returned contributions (including interest, if any) even if a fund or part of a fund ceases to be an approved Superannuation fund.

8. DDOS TO SATISFY THEMSELVES ABOUT THE GENUINENESS OF CLAIM:

The Drawing and Disbursing Officers should satisfy themselves about the actual deposits/ subscriptions / payments made by the employees, by calling for such particulars/ information as they deem necessary before allowing the aforesaid deductions. In case the DDO is not satisfied about the genuineness of the employee's claim regarding any deposit/ subscription/ payment made by the employee, he should not allow the same, and the employee would be free to claim the deduction/ rebate on such amount by filing his return of income and furnishing the necessary proof etc., therewith, to the satisfaction of the Assessing Officer.

9. CALCULATION OF INCOME-TAX TO BE DEDUCTED:

9.1 Salary income for the purpose of section 192 shall be computed as follow:-

(a) First compute the gross salary as mentioned in para 5.1 including all the incomes mentioned in para 5.2 and excluding the income mentioned in para 5.3.

(b) Allow deductions mentioned in para 5.4 from the figure arrived at (a) above and compute the amount to arrive at Net salary of the employee

(c) Add income from all other heads- House property, Profits & gains of Business or Profession, capital gains and Income from other Sources to arrive at the Gross Total Income as shown in the form of simple statement mentioned para 3.5. However it may be remembered that no loss under any such head is allowable by DDO other than loss under the Head “Income from House property”.

(d) Allow deductions mentioned in para 5.5 from the figure arrived at (c) above ensuring that the relevant conditions are satisfied. The aggregate of the deductions subject to the threshold limits mentioned in para 5.5 shall not exceed the amount at (b) above and if it exceeds, it should be restricted to that amount.

This will be the amount of Total income of the employee on which income tax would be required to be deducted. This income should be rounded off to the nearest multiple of ten rupees.

9.2 Income-tax on such income shall be calculated at the rates given in para 2.1 of this Circular keeping in view the age of the employee and subject to the provisions of sec. 206AA, as discussed in para 4.8. Rebate as per Section 87A upto Rs 2000/- to eligible persons (see para 6) may be given. Surcharge shall be calculated in cases where applicable (see para 2.2).

9.3 The amount of tax payable so arrived at shall be increased by educational cess as applicable (2% for primary and 1% for secondary education) to arrive at the total tax payable.

9.4 The amount of tax as arrived at para 9.3 should be deducted every month in equal installments. Any excess or deficit arising out of any previous deduction can be adjusted by increasing or decreasing the amount of subsequent deductions during the same financial year.

10. MISCELLANEOUS:

10.1 These instructions are not exhaustive and are issued only with a view to guide the employers to understand the various provisions relating to deduction of tax from salaries. Wherever there is any doubt, reference may be made to the provisions of the Income-tax Act, 1961, the Income-tax Rules, 1962, the Finance Act 2013, the relevant circulars / notifications, etc.

10.2 In case any assistance is required, the Assessing Officer/the Local Public Relation Officer of the Income-tax Department may be contacted.

10.3 These instructions may be brought to the notice of all Disbursing Officers and Undertakings including those under the control of the Central/ State Governments.

10.4 Copies of this Circular are available with the Director of Income-tax (Research, Statistics & Publications and Public Relations), 6th Floor, Mayur Bhavan, Connaught Place, New Delhi-110 001 and at the following websites:

www.finmin.nic.in & www.incometaxindia.gov.in

Hindi version will follow.

(Anshu Prakash)
Director(Budget)
Central Board of Direct Taxes


Source: www.incomtaxindia.gov.in [Click here to download Circular in .pdf file 334 kb]
Via: http://karnmk.blogspot.in/2013/10/income-tax-deduction-from-salaries-fy-2013-2014.html

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