Year End Review 2019 Ministry of Home Affairs

Ministry of Home Affairs

Year End Review 2019 Ministry of Home Affairs

Highlights of Major Decisions / Initiatives of MHA

(Separate Press Releases issued on each topic listed below)

26 DEC 2019

Important Bills Passed by Parliament

1. Jammu and Kashmir - Abrogation of Article 370 and 35A ; The Jammu and Kashmir (Reorganisation) Act, 2019; The Jammu and Kashmir Reservation (Amendment) Act, 2019
2. National Investigation Agency (Amendment) Act, 2019
3. Unlawful Activities (Prevention) Amendment Act, 2019
4. Special Protection Group (Amendment) Bill, 2019 – aims to increase operational efficiency of SPG in ensuring the security of the Prime Minister of India.
5. Citizenship (Amendment) Bill 2019 – focus on granting Indian Citizenship to persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities on ground of religious persecution in Pakistan, Afghanistan and Bangladesh. Marathon deliberations held by Union Home Minister with various stakeholders from North East and their concerns against the CAB 2019 addressed in the final Amendment Act.
6. Arms (Amendment) Bill, 2019 – enhances the punishment for existing offences like illegal manufacture, sale, transfer and illegal acquiring, possessing or carrying prohibited arms or prohibited ammunition; illicit trafficking of firearms; celebratory gunfire endangering human life. Arms licenses to be issued for 5 years in electronic form, which would prevent forgery. The Amendment would reduce possession of illegal firearms and commission of criminal offences by limiting 2 licenses per person. Ownership of arms by retired and serving personnel of armed forces and sportspersons remains unaffected by the Amendment. Further, Ancestral guns may be retained in a Deactivated State.
7. Protection of Human Rights (Amendment) Bill, 2019 - to make the constitution of NHRC and SHRCs broader and more inclusive.
8. Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Bill, 2019 - Administrative efficiency, better service delivery and effective implementation of Central and State Government Schemes to be the focus.

Jammu & Kashmir and Ladakh

1. Abrogation of Article 370 and 35A

• Historic step to remove Article 370 and 35A of Constitution of India
• Brought JK & Ladakh at par with other States and UTs
• All provisions of Constitution of India, without any modifications or exceptions, to now apply to JK & Ladakh
• Laws of Union Government wrt education, empowerment of SC, ST, Minorities etc to be applicable to JK & Ladakh
• Boost to local economy and employment opportunities by increasing investment; Reservation to EWS of society in jobs & educational institutions to apply in JK & Ladakh
• Betterment of socio-economic infrastructure in JK & Ladakh The Jammu and Kashmir (Reorganisation) Act, 2019

2. Jammu and Kashmir reorganised into

• Union Territory of Jammu and Kashmir with legislature, and
• Union Territory of Ladakh without Legislature
• Formally came into force on 31st October, 2019
• Maps of newly formed UTs of Jammu & Kashmir and Ladakh released
• 1st Winter-grade Diesel outlet for Ladakh inaugurated by Union Home Minister; move to boost tourism in extreme weather conditions

3. The Jammu and Kashmir Reservation (Amendment) Act, 2019
3% reservation in services and educational institutions extended to people living near the International Border (IB) in J&K, in line with reservation given to people living near the Line of Control (LoC)
4. Amarnath Yatra

• 3,42,883 yatris had safe and secure Darshan
• Higher by nearly 20%, as compared to 2018

5. Cabinet approved Inclusion of 5,300 Displaced Persons families of J&K in the Rehabilitation Package for Displaced Families of PoJK and Chhamb, under the PM’s Development Package 2015 for Jammu & Kashmir
6. Government Employees of UTs of J&K and Ladakh to get all 7th Central Pay Commission Allowances from 31st October 2019 - allowances worth around Rs. 4800 crores approved for Government employees.

Kartarpur Sahib Corridor

1. Union Cabinet passed a resolution on 22nd November 2018 to celebrate the historic occasion of 550th Birth Anniversary of Sri Guru Nanak Devji in a grand and befitting manner, throughout the country and across the globe
2. India signed the Kartarpur Sahib Corridor Agreement with Pakistan on 24th October, 2019
3. Indian pilgrims of all faiths to undertake year-round Visa-free travel to Gurudwara Kartarpur Sahib through Kartarpur Sahib Corridor – a long standing demand of followers of Guru Nanak Dev ji
4. State of art Passenger Terminal Building (PTB) developed (estd. project cost – Rs. 400 crore), having modern public amenities and security features; architecture reflecting cultural heritage of Punjab
5. 54 Immigrations counters at PTB for facilitating travel of over 5000 pilgrims per day
6. 4.19 km long, 4-lane highway worth Rs. 120.05 crores built, in record time of 6 months, on Indian side for giving accessibility for pilgrims to the PTB
7. Special Trains run from across the country to facilitate pilgrims to visit Sultanpur Lodhi, the place where Guru Nanak Devji attained enlightenment and developed as Heritage Town
8. 300ft. Monumental National Flag at PTB
9. Online portal (prakashpurb550.mha.gov.in) created to facilitate registration of pilgrims and provide other important information including Do’s & Dont’s and FAQs

Strict Action on Terror and Insurgency

1. National Investigation Agency (Amendment) Act, 2019

• NIA empowered with extra territorial jurisdiction for investigation of terrorism related offences taking place outside India, in which Indian property/citizens are victims
• The mandate of NIA is expanded by inclusion of new offences viz. explosive substances, human trafficking, manufacturing/sale of prohibited arms and cyber terrorism, to its Schedule

2. Unlawful Activities (Prevention) Amendment Act, 2019

• Central Government empowered to designate individual as terrorist
• NIA empowered to seize/forfeit property representing proceeds of terrorism in cases investigated by NIA
• After recent amendment, 4 Individuals viz., Maulana Masood Azhar, Hafiz Muhammad Saeed, Zaki ur Rehman Lakhvi and Dawood Ibrahim proscribed as Terrorists
• Liberation Tigers of Tamil Eelam (LTTE) banned for another five years under sub-sections of UAPA, 1967

3. Cyber Crime Control

• National Cyber Crime Reporting Portal (www.cybercrime.gov.in) launched as a citizen centric initiative to facilitate public for reporting of all types of Cyber Crimes without visiting Police Station
• The complaints reported on this portal are accessible online to the law enforcement agencies of respective States/UTs for taking appropriate action as per law
• 12th India Security Summit on ‘Towards New National Cyber Security Strategy’ held in New Delhi

4. Review Meeting on Left Wing Extremism (LWE)

• Incidents of LWE violence down from 2258 in 2009 to 833 in 2018
• Number of deaths dropped from 1005 in 2009 to 240 in 2018
• Districts affected by naxal violence reduced from 96 in 2010 to 60 in 2018

5. Smart Fencing - Union Home Minister launched BOLD-QIT (Border Electronically Dominated QRT Interception Technique) under Comprehensive Integrated Border Management System (CIBMS) on Indo-Bangladesh border in Dhubri district of Assam, as an effective deterrence against illegal infiltration. Two pilot projects covering about 71 Kms on Indo-Pakistan Border (10 Kms) and Indo-Bangladesh Border (61 Kms) of Comprehensive Integrated Border Management System (CIBMS) have been completed.

6. International Drug Syndicate busted - largest seizure of contraband drugs by NCB in India - 20 Kgs of Cocaine, worth Rs. 100 crores, seized.

PIB

Ministry of Home Affairs wants check on content on Portal for Retiring Employees

Ministry of Home Affairs wants check on content on Portal for Retiring Employees

Home Secretary Rajiv Mehrishi

New Delhi: Home Ministry has sought a mechanism to check sharing of any objectionable content by retiring employees, who might be privy to sensitive internal security matters, on an online public platform launched for them by government in March to share their experience.

A suggestion in this regard was made by MHA officials during a recent meeting called by Personnel Ministry with representatives of some of other departments to encourage submission of write-ups on Anubhav–a portal for the retiring central government employees to showcase commendable work done by them during their service.

“Ministry of Home Affairs suggested that facility to edit the write-ups at the level of Head of Office and Head of Department may be given so that the objectionable paragraph in the write-up could be deleted and the entire write-up is not rejected,” according to the minutes of the meeting held late last month.

It was explained that this facility has not been allowed with the intention that the employees submission should not be modified, it said.

Earlier, Central Reserve Police Force has objected to sharing of operational experience by retiring personnel of armed forces on a Anubhav saying it will be a “risk” to national security.

MHA also suggested that there should be a facility to upload the write-ups in Hindi. It was assured that this facility would be provided shortly, it said.

Representatives of Ministry of Information and Broadcasting were requested to provide material which would motivate the retiring employees to contribute in Anubhav.

The problems being faced by the ministries or departments in increasing the number of write-ups were also discussed during the meeting.

“Representative of Ministry of Earth Science wanted guidelines on the format and content of write-ups that could be of help to motivate the retiring employees.

He was informed that there are guidelines on what not to write. There can be no guidelines for write-up which mainly is a experience sharing instrument,” according to the minutes of the deliberation.
Senior officials who are part of the programme emphasised upon the need to increase the number of published write-ups in Anubhav and that rejections be avoided as far as possible.

It was said that paramilitary forces, posts, railways, Central Board of Direct Taxes (CBDT) and Central Board of Excise and Customs (CBEC) are being expected to add maximum number as they have huge number of employees.

About 793 write-ups have already been published on the Anubhav website. 227 others are yet to be released and 31 write-ups have been rejected, according to a latest data.

As part of the Anubhav initiative, central government employees retiring within next six months are expected to share experiences and good work done by them during their tenure.

PTI

Reserving 33 Percent Posts for Women in CPMFs

Press Information Bureau

Government of India

Ministry of Home Affairs

13-May-2015 16:45 IST

Reserving 33 Percent Posts for Women in CPMFs

There is no proposal to increase the percentage of women personnel in CAPF upto 33 percent. However, in compliance of recommendations given by Parliamentary Committee on Empowerment of Women in its sixth report, directions have been issued to all CAPFs to bring percentage of women in the forces to 5%. The force-wise details of women personnel at present are as under:-

Force/ Orgz’n	Posted Strength	Female	%age of Women w.r.t. posted strength
CRPF	286892	6120	2.13%
CISF	126636	6203	4.89%
SSB	79049	1186	1.50%
BSF	248882	3534	1.42%
ITBP	80864	1570	1.75%
AR	65609	485	0.74%
Total	887932	19098	2.15%

To enhance the strength of women in CAPFs, Government is taking continuous steps. Some of these steps are as follows:-

• In the ongoing recruitment of Constables/General Duty, out of total vacancies of 62390, 8533 (about 14%) are earmarked for women.
• Government has approved recruitment of 2772 Mahila personnel (21 Companies) during the year 2014-15 to 2017-18 in Sashastra Seema Bal (SSB).
• Government has approved raising of 02 Mahila (women) Battalions in place of 02 General Duty Battalions in Central Reserve Police Force (CRPF) to be raised in the year 2015-16 and 2016-17.

Women personnel of General Duty cadre are deployed for performing combat duties like:- 

(i) Gate management, Checking and Frisking

(ii) Patrolling duties

(iii) Interrogation and escorting of female apprehendees.

(iv) Law & Order duties 

(v) Static guard duties at some of vital installations and also deployed during Shri Amarnathji Yatra

(vi) Also deployed in Maoist affected states for anti-Naxal operations

This was stated by the Minister of State for Home Affairs, Shri Haribhai Parathibhai Chaudhary in a written reply to a question by Shri Anil Desai in the Rajya Sabha today.

PIB

DASS pay scales Revised – Ministry of Home Affairs approved the proposal of Delhi Administration Subordinate Service

DASS pay scales Revised – Ministry of Home Affairs approved the proposal of Delhi Administration Subordinate Service

In the background of strong political backlash, Central Government has approved the proposal of Government of NCT of Delhi to revise the pay scales of Delhi Administration Subordinate Service (DASS).

As per Principal Secretary of Delhi NCT, Mr.Majumdar’s report, Ministry of Home Affairs has approved the proposal of Delhi Government to revise the pay scales of Delhi Administration Subordinate Service (DASS). Both the DASS and Steno cadre will be benefited by this decision

Majumdar also said that as per the decision, pay scale of DASS Grade-II/Steno Grade-II has been revised from Rs 5000-8000 to Rs 5500-9000, adding that the decision will be effective notionally from January 1, 1996 and actually from December 12, 2006.

Mr.Majumdar has further added that Central government has also approved the grant of Non-Functional Scale of Rs. 8000-13500 to DASS Grade-I/Senior PA notionally from January 1, 1996 and actually from December 1, 2006.

Opposite parties such as Congress, AAP have termed this proposal to revise the pay scales of DASS as a Poll Sop. According to these parties, BJP’s chance in winning of Delhi Polls is not good and hence proposal to revise the pay scales of DASS has been taken up.

However, BJP has defended the decision to revise the pay scales as it is a move increase the pay of comman man.

Source: Economic Times

Implementation of SC decision for amending Rules of Promotion - Copy of OM No.1/9/69-Estt.(SCT) Dated 26th March, 1970

Implementation of SC decision for amending Rules of Promotion - Copy of OM No.1/9/69-Estt.(SCT) Dated 26th March, 1970

The below information was given by the Minister of State for Personnel, Public Grievacnes and Pensions Shri.V.Narayanasamy in a written reply to a question in Rajya Sabha on 21st March, 2013 regarding the matter of the implementation of SC decision for amending Rules of Promotion. The important office memorandum, which was published by the Home Affairs on 26.3.1970 is reproduced and given for your ready reference...

 

The Supreme Court in the matter of National Federation of SBI & Ors. V/s. Union of India (1995 AIR 1457) considered the issue whether concession as per O.M. No. 1/9/69-Estt (SCT) dated 26.3.1970 tantamounts to reservation and has held that in the matter of promotion by selection to the posts within Class I, which carry an ultimate salary of Rs. 2250 (Pre-revised), there is no reservation in favour of Scheduled Castes(SCs) / Scheduled Tribes (STs) but they are entitled to the concession contained in para 2 of the OM dated 26.3.1970 issued by the Ministry of Home Affairs. The concession is that those SC/ST officers who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list is being drawn up will be included in the select list provided they are not considered unfit for promotion. 

 

The Supreme Court has further held that the said candidates would not be entitled, for the purpose of selection one grading higher than the grading otherwise assigned to them on the basis of their record of service. The O.M. dated 26.3.1970 also contains the same instructions that they would not be given, for this purpose, one grading higher than the grading otherwise assigned to them as per their record of service. 

 

The extant guidelines on Departmental Promotion Committee provide that the Departmental Promotion Committees (DPCs) enjoy full discretion to devise their own methods of procedures for objective assessment of the suitability of candidates who are to be considered by them. The DPCs should make their own assessment on the basis of the entries in the Confidential Reports(CRs) now Annual Performance Appraisal Reports(APARs) because sometimes the overall gradings in a Confidential Report may be inconsistent with the grading under various parameters or attributes. The DPC is required to make an overall assessment of the performance of each candidate separately but by adopting some stands/yardstick/norms. The procedure should not be vitiated on grounds of bias, mala-fide or arbitrariness. As per latest instructions, the DPC is required to grade the officers as ‘fit’ or ‘unfit’ only, after determining the merit of those being assessed for promotion. 

 

The instructions issued by the Department of Personnel and Training on the subject have been extended to all Central Public Sector Undertakings (CPSUs) by the Department of Public Enterprises vide their O.M. dated 27th September, 1978. 

 

The Supreme Court in K. A. Nagamani V/s. Indian Airlines and others (CA 5314/2007) has held that the Recruitment Rules of the Indian Airlines framed by the Corporation were not framed under any statute and therefore are not statutory rules. The Recruitment Rules for the posts and services under the Central Government are delegated legislations and therefore are statutory in nature. Such Rules after notification are laid before the Parliament. 

 

 

No. 1/9/69-Estt. (SCT)

Government of India

Ministry of Home Affairs 

 

Dated 26th March, 1970

 

Subject :- Concessions to Scheduled Castes and Scheduled Tribes in posts filled by promotion - Class I Services / posts.

 

The question of increasing the representation of Scheduled Castes and Scheduled Tribes employees in

Class I Services/posts under the Government of India has been under the consideration for some time past. In this Ministry's O.M. No.1/12/67-Estt. (C), dated 11th July, 1968, certain concession have been provided to Scheduled Castes and Scheduled Tribes, inter alia, in the matter of promotion by selection to the lowest rung or Category in Class I. It has now been decided that the following concessions and facilities will be provided to Scheduled Castes and Scheduled Tribes officers for their promotions within Class I also.

 

2. In promotions by selection to posts within Class I, which carry an ultimate salary of Rs. 2,000 per month, or less the Scheduled Castes/Scheduled Tribes officers, who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the Select list has to be drawn up, would be included in that list provided they are not considered unfit for promotion: Their position in the Select list would, however, be the same as assigned to them by the Departmental Promotion Committee on the basis of their record or service: They would not be given, for this purpose, one grading higher than the grading otherwise assignable to them on the basis of their record of service.

 

3. In order to improve the chances of Scheduled Castes/Scheduled Tribes officers for selection to the higher categories of posts in Class I, it has further been decided that:

 

(i) Scheduled Castes/Scheduled Tribes officers in Class I Services/posts should be provided with more opportunities for institutional training and for attending seminars/Symposia/conferences. Advantage

could in this connection be taken of the training facilities available at the National Academy of Administration Mussoorie, National Police Academy, Mount Abu, Indian Institute of Public

Administration, New Delhi, the Administrative Staff College, Hyderabad, etc.; and

 

(ii) It should be the special responsibility of the immediate superior officers of the Scheduled Castes/Scheduled Tribes officers in Class I to give advice and guidance to the latter to improve the quality of their work.

 

Ministries/Departments under whom Scheduled Castes/Scheduled Tribes Class I officers might be serving should ensure that these decisions are implemented with expedition, Ministries/Departments (or the Heads of Departments) under whom such officers might be serving may specially watch the progress of these officers so that all appropriate steps are taken, wherever necessary, to improve the efficiency of these officers for the purpose of their selection to higher posts.

 

4. The orders contained in paragraph 2 above take effect from the date of issue except in respect of selections already made prior to the issue of these orders.

 

5. Ministry of Finance etc., are requested to bring the above decisions to the notice of all concerned.

 

6. In so far as persons serving in offices under the Comptroller and Auditor General of India are concerned, separate orders will issue in due course.

 

Source: www.persmin.nic.in