HARMONY AN E-MAGAZINE ON CSIR/GOI SERVICE & RELATED ISSUES
Founder-Editor Ch. Srinivasa Rao Formerly COA, CSIR-NGRI, Hyderabad Vol. XVIII
December 2011
No. 203
Compiling, Editing & Publishing
Ch. Srinivasa Rao, Formerly COA, NGRI, Hyderabad Counselling
B.J. Acharyulu, Head, Finance & Accounts, CDFD, Hyderabad Secretarial assistance
D. Shanmuga Sundar, Jr. Steno., NGRI, Hyderabad ---------------------------------------------------------------------------------------------------------------GoI Orders reproduced in "HARMONY" which are yet get the CSIR endorsement may be applicable to Council employees to a larger extent unless otherwise objected. The opinions expressed or inferences drawn in the material published in “HARMONY” do not necessarily reflect the views of Editor nor CSIR/Swamy Publishers shall take any responsibility whatsoever for any inaccuracies or claims. Material published in “HARMONY” can be used for academic purpose with due acknowledgement. Articles on Service issues, Management, Behavioural attitude and related issues are welcome through E-mail or other means. “HARMONY” is transmitted through E-mail. Send your E-mail i.d. to “harmonysrinivas@gmail.com or “harmony_csir@yahoo.co.in” Residence: 040-2715 0736 -- Mobile: 91-94904 62583
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CSIR/GOI ORDERS CLARIFICATIONS ON MODIFIED ACPS IN R/O CANTEEN EMPLOYEES In respect of Canteen employees who were declared as Govt./Council employees w.e.f. 1-10-1991, the benefits of MACPS shall be extended to such employees by reckoning from the date of their initial appointment as direct recruit on regular basis as the crucial date of granting the 1st/2nd up-gradation. Up-gradation shall be allowed only in those cases where promotions have not been made even after putting in 12/24 years of regular service counted in the manner indicated above. 1.
While the Screening Committees for financial up-gradation up to the scale of Rs.5500-9000 can be constituted at Lab. level, the cases of the employees in the scale of Rs.5500-9000 for financial up-gradation to the scale of Rs.6500-10500 will be considered only by CSIR HQs.
2.
The Scheme shall be operational w.e.f. 9-8-1999. As regards fixation of pay on up-gradation under the Scheme, pay of an employee shall be fixed under the provisions of FR 22(I)(a)(1) subject to a minimum financial benefit of Rs.100/[which subsequently got revised to be 3% of the basic pay on the recommendations of the 6th CPC]. The financial benefit allowed under the Scheme shall be final and no further pay fixation shall be made at the time of regular promotion on functional basis.
3.
Ad hoc service cannot be counted for the financial up-gradation.
4.
The service rendered by an employee who is promoted to a post in the Lab./Instt. seeks transfer to another Lab./Instt. on personal grounds against a lower post in Canteen cadre shall be eligible for counting of the service rendered in the lower as well as higher grade under MACP.
5.
The scales at S-4 (Rs.2750-4400) and S-8 (Rs.4500-7000) are not operational for Cadre based non-technical posts.
6.
The financial benefits shall be granted with effect from the date of completion of the eligibility period prescribed or w.e.f. 9-8-1999 whichever is later.
7.
In cases where the Selection Grade was given to some employees under the then Selection Grade Scheme on completion of 11 years of service and where the benefit of FR 22 (C) has been allowed while fixing the pay on placement in the special grade, shall be treated as promotion for the purpose of MACPS.
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9.
An employee who has been given the benefit under the scheme shall continue to be shown in the seniority list of lower post and his name shall be considered for promotion in the higher grade on occurrence of vacancies.
10.
On up-gradation, the term "MACP" has to be written after the original designation e.g., Halwai-cum-Cook (MACP).
11.
a)
In the pre-revised scale, the scale of Sweeper, Wash Boy, Bearer and Tea/ Coffee Maker was placed in the same pay scale of Rs.750-940 but in the revised scale, Sweeper and Wash Boy are placed in the pre-revised scale of Rs.2550-3200 and Bearer, Tea/Coffee Maker are placed in the higher scale of pay of Rs.2610-3540. Nevertheless, the Bearer and Tea/Coffee Maker should not be treated to have availed of a financial up-gradation for the purpose of adjustment against benefits prescribed under MACP Scheme.
b)
Even if the Recruitment Rules are required to be framed by the concerned Department in accordance with the sanctioned posts in that Canteen/Tiffin Room, if the incumbent of the higher post in a Canteen/Tiffin Room has not already availed of two promotions, he may be allowed benefits under MACP Scheme in the overall hierarchy of Canteen/Tiffin Room in terms of clarification to point of doubt No. 32 in the DOPT O.M. No.35034/I/97-Estt.(D) (Vol. IV) dt. 10-2-2000
c)
The above clarification is equally applicable to persons who are holding the highest post of Canteen existing in that Department Canteen, the scale as has been given in Annexure-II to O.M. No. 35034/1/97-Estt. (D) dt. 9-81999 at the time of extending the MACP benefit to the Canteen employees.
In terms of GOI MOPPG&P DOPT O.M. No.27/2/2007-Dir.(C) dated 20-1-2011, the financial upgradation as per the provisions of earlier ACP Scheme would be granted till 31-8-2008 and the Modified ACPS issued vide O.M. No.3/4/2010Dir.(C) dated 1-9-2010 would be operational w.e.f. 1-9-2008 onwards. However, past cases will not be re-opened.
[GOI MOPPG&P DOPT O.M. No.35034/3/2008-Estt.(D) dt. 9-9-2011] OBSERVATION OF HON’BLE SUPREME COURT ON R.T.I. ACT, 2005 As per guidelines on Right to Information Act, 2005, inter alia, only such information can be supplied under the Act which already exists and is held by the public authority or held under the control of such an authority. The Public Information Officer is not supposed to create information; or to interpret information; or to solve the
4 problems raised by the applicants; or to furnish replies to hypothetical questions; which has been elaborated by the Supreme Court in a Civil Appeal No.6454 of 2011 as follows: “At this juncture, it is necessary to clear some misconceptions about the RTI Act. The RTI Act provides access to all information that is available and existing. This is clear from a combined reading of Section 3 and the definitions of ‘information’ and ‘right to information’ under Clauses (f) and (j) of Section 2 of the Act. If a public authority has any information in the form of data or analyzed data, or abstracts, or statistics, an applicant may access such information, subject to the exemptions in Section 8 of the Act. But where the information sought is not a part of the record of a public authority, and where such information is not required to be maintained under any law or the rules or regulations of the public authority, the Act does not cast an obligation upon the public authority, to collect or collate such non-available information and then furnish it to an applicant. A public authority is also not required to furnish information which require drawing of inferences and/or making of assumptions. It is also not required to provide ‘advice’ or ‘opinion’ to an applicant, nor required to obtain and furnish any ‘opinion’ or ‘advice’ to an applicant. The reference to ‘opinion’ or ‘advice’ in the definition of ‘information’ in Section 2 (f) of the Act, only refers to such material available in the records of the public authority. Many public authorities have, as a public relation exercise, provide advice, guidance and opinion to the citizens. But that is purely voluntary and should not be confused with any obligation under the RTI Act.” [GOI MOPPG&P DOPT Lr. No. 1/18/2011-IR dt. 16-9-2011] STRENGTHENING THE VIGILANCE SET-UP One of the Terms of References of Group of Ministers (GOM) as constituted by the Govt. of India was to consider and advice on “Fast-tracking of all cases of public servants accused of corruption”. It was considered that in order to ensure expeditious disposal of the Inquiry process, the Vigilance Administration of the Central Ministries/Departments may be strengthened. The GOI have accepted the recommendation. Accordingly, all the Ministries/Departments are advised to strengthen their Vigilance Administration with requisite manpower with a view to ensuring expeditious disposal of disciplinary cases. The Ministries/Departments may wherever appropriate, consider setting up of a Monitoring Cell to review and monitor the progress of all pending Disciplinary Inquiries on a day-to-day basis with a view to ensuring their timely conclusion. It was also recommended that the Departments should primarily use serving Officers as Inquiry and Presenting Officers and that in important cases, they may request
5 the CVC to appoint their CDI as Inquiry Officer. The CVC may maintain a panel of IOs/Pos from amongst retired Officers whose services can also be utilized appropriately. [GOI MOPPG&P DOPT O.M. Nos.372/19/2011-AVD-III(Pt.I) dt. 26-9-2011] PERMISSION TO INITIATE INVESTIGATION BY THE CBI IN R/O SERVING OFFICERS OF THE RANK OF JOINT SECRETARY AND ABOVE The provision of Section 6A of the Delhi Special Police Establishment Act, 1946 provides for safe-guarding senior public Officials against undue and vexatious harassment by the Investigating Agency. It has been observed that the requests being made by the Investigating Agency were not being accorded due priority and the examination of such proposals at times lacked objectivity. As such the Govt. has accepted the following recommendation of the Group of Ministers (GOM): The competent authority shall decide the matter within three months of receipt of request accompanied with relevant documents; and give a Speaking Order giving reasons for its decision In the event a decision is taken to refuse permission, the reasons thereof shall be put up to the next higher authority for information within one week of taking the decision. Since Section 6A specifically covers Officers of the Central Govt. above the rank of Joint Secretary, the competent authority in these cases will be the Minister-inCharge of the GoI. In such cases, intimation of refusal to grant permission along with reasons thereof, will have to be put up to the Prime Minister. [GOI MOPPG&P DOPT O.M. No.372/19/2011-AVD-III(Pt.I) dt. 26-9-2011] GUIDELINES FOR ISSUE OF VIGILANCE CERTIFICATE It has been decided that the Officers who have not furnished their Annual Property Returns by the prescribed time limits as required under the GOI decisions under Rule 18 of CCS (Conduct) Rules, 1964 would not be issued Vigilance Clearance and will not be considered for empanelment to senior level posts under Govt. of India. [GOI MOPPG&P DOPT O.M. No.11012/11/2007-Estt.A dt. 27-9-2011] GUIDELINES FOR ENGAGEMENT OF PROJECT STAFF The following guidelines have been approved by the DG, CSIR for implementation to be effective from 14-10-2011, which shall supersede earlier guidelines.
6 CSIR Labs./Instts. shall recruit Project Assistants/Project Associates/Project Scientists/Project Fellows/Sr. Project Fellows/Research Associates/Quick Hire Scientists as per the guidelines: Project Category, Selection Criterion, Designation, Qualification and Remuneration Project category Grant-in-Aid (GAP):
Designation
Qualifications
Remuneration* *
Projects Guidelines of the Funding Agency are to be followed with respect to both designation and remuneration
CSIR Contract R&D Projects with Industry or Non-Govt. Agencies: Position co-terminus with the project
Project Assistant (NonPh.Ds) Project Associate (Ph.Ds.)
Non-CSIR Funds: Position co-terminus with the project; Selection through Aptitude test and/ or Interview CSIR Plan Fund Projects: including NMITLI Projects with specific deliverables; Position co-terminus with project; Selection through Interview
Project Scientist
To be decided by the As per Project Lab./Instt. requirement / Market demand/Budget allocation To be decided by the Labs./Instts. have to Lab./Instt. evolve an internal policy to be approved by the Management Council Ph.D. As provided by the Funding organization
Project Identical with JRF Fellow (PF) Qualifications as per HRDG, CSIR Guidelines Sr. Project Identical with SRF; Fellow Qualifications as per (SPF) HRDG, CSIR Guidelines Research As per HRDG, CSIR Associates Guidelines (Ph.Ds.) Quick Hire As per QHS Scheme Scientist
Rs.16,000/- p.m.
Rs.18,000/- p.m.
As per Guidelines
HRDG
As per QHS Scheme
* Payable from 1-10-2011 or w.e.f. the date of joining whichever is later
7 Benefits Accommodation: Wherever possible accommodation will be provided to Project staff, otherwise, HRA will be paid as per rules. Further, Project staff will be provided Dispensary facility, if available. CSIR Labs./Instts. may evolve and introduce Group Insurance Scheme for Project staff based on CSIR-NCL model. Close relatives angle: For appointment of close relatives of CSIR Officers/Staff members as Project Staff, Labs./Instts. should strictly follow the guidelines issued by CSIR vide letter No.4-73/2006-E-ll, dated 23-01-2008. As indicated in the Table, Project staff could be appointed at any level. Movement from one level to next shall be subject to performance review by a Committee to be constituted by the Director. The tenure of Project Staff shall be co-terminus with the Project. Recruitment procedure With the approval of Management Council Labs./Instts. shall evolve the Recruitment procedure for Project staff. Age Age limit will be as per HRDG Guidelines for Project Fellow, Senior Project Fellow and Research Associates. In case of Project Assistants and Project Associates, the Lab./Instt. will decide. Age limit shall be relaxable for statutory groups and women as per rules. Special Consideration for Women Indian science need to gainfully use qualified women so as to enlarge the catchment for identified activities. CSIR would thus like to focus on the role of women. Keeping this in view wherever feasible, married women shall be permitted flexible timings and also be allowed part-time employment, say four hours a day with corresponding 50% of remuneration. With advances in communication technology, in certain sectors, it is possible to work from home (telecommunicating) and deliver the output on the daily basis from home. Labs./Instts. may consider this on a case-to-case basis.
8 Facilities The facility of Ph.D. registration shall be allowed to those Project Staff who have worked for a minimum period of two years and have at least cleared CSIR-UGC Lecturership (NET) or GATE Examination or published two papers in International peer reviewed journals. Over and above this, Labs./Instts. may like to fix the criteria to ensure the quality. It will be ensured that Ph.D. registration does not become a tool for extension of the tenure of Project Staff beyond five years. In case of Contract R&D Projects, a suitable honorarium subject to maximum of two months stipend per year of service shall be given to the Project staff on a pro rata basis on successful completion of the Projects and on receipt of entire Project fees from the client. Such staff shall be considered as part of either Innovators & Principal Contributors or S&T and other staff who contribute direct inputs to the specific development/activity for distribution of honorarium. This is subject to Project staff being a member of the Project completion team. If any Project Assistant/Project Associate resigns during the duration of the Project or if his/her services have been terminated due to unsatisfactory performance, he/she will not be entitled to receive any honorarium. The recommendations of Project Leader on the quantum of honorarium payable to Project staff will have to be approved by a Standing Committee to be appointed by the Director. In case the honorarium distribution is delayed due to some reasons, the monies due to Project staff shall be intimated to their last known address requesting them to collect the same. If whereabouts of such Project staff are not known at the time of distributing honorarium, after making all the attempts to locate the Project staff, the monies shall be deposited in the Lab. Reserve. TA/DA: Project staff will be entitled for TA/DA as per JRF, SRF and RA respectively while on Official tour. Leave: Project staff shall be permitted to avail leave as per the existing rules pertaining to Project staff. However, in extra-ordinary circumstances, the Principal Investigator of the Project and/or Director of the Lab./Instt. may provide relaxation in the rules considering the exigency. Service Certificate: Project staff may be issued by the Administration indicating "To whomsoever it may concern". Any other recommendation letter for Post-Doctoral Fellowship or Doctoral Fellowship
9 could be issued by Project Leader / Head of the Division provided they do not commit on any administrative angle, etc. Transport: Depending upon availability, the Labs./Instts. may also provide transport facilities to Project staff as is being done in some Labs./Instts. for regular staff members on payment. Subsidized facilities: The Project staff shall be extended the subsidized facilities such as cafeteria, sports and other staff welfare activities as provided to the Research Fellows. Nominal subscription would be recovered from Project staff towards these facilities as is done in case of Research Fellows. Implementation of the Guidelines The guidelines are to be followed by Labs./Instts. The Director/COA will be responsible to ensure compliance of these instructions. No request should be forwarded to CSIR for any relaxation. Labs./Instts. are required to submit Annual Statement of Project staff with manpower statements in the first week of January of every year. These Guidelines shall come into effect from 14-10-2011 and the revised remuneration to the Project staff in service will be paid from 1-10-2011. [CSIR O.M. No.4/CMG/2011-PPD dt. 14-10-2011] EXPENDITURE MANAGEMENT, ECONOMY MEASURES AND RATIONALIZATION Expenditure Management Guidelines have been issued by the DOE, MOF, GOI vide O.M. No.7(1)E.Coord./2009 dated 11-7-2011 with a view to ensure availability of adequate resources for meeting the objectives of critical development and priority scheme. Scope of the said O.M. has been extended to Autonomous Bodies vide O.M. dated 2-8-2011. The DG, CSIR has desired that instructions and austerity measures as contained in aforesaid O.M. dated 11-7-2011 be followed strictly in CSIR as per extant delegation and also emphasized that the following relevant additional instructions may also be followed. Seminars and Conferences: While formulating plan projects, provision for holding of Conferences/meetings should be kept to the bare minimum level using Govt. fund wherever it is essentially required. CSIR Budget Section will review the position and make allocation to the Labs./Instts., if required after applying 10% cut on the item. Purchase of vehicles: A number of proposals for purchase of staff cars are received from different Labs/Instts. seeking relaxation from the MOF. The Labs./Instts.
10 are advised to meet their requirement by hiring of vehicles against condemned staff cars, instead of seeking replacement using CSIR fund. Foreign Travel: The Labs./Instts. are also advised to utilize the travel grants proportionately with equal pace of expenditure in order to ensure availability of allocated funds throughout the year. Foreign travel may be kept project-specific and be managed within allocation given by CSIR. For observing more austerity under Travel, CSIR instructions issued vide O.M. No.30-1(36)/2008-Finance dated 29-3-2010 may also be referred. Creation of Post: The Group-wise sanctioned strength of S&T manpower for each Lab./Instt. has been fixed by CSIR. Vacant posts can be filled up within the sanctioned strength with the permission of competent authority as being followed presently. However, the existing restriction of filling up of Group I & II posts will continue. Consultancy Assignments: As per the extant instructions, Consultancy assignments are to be awarded strictly based on the provisions of the GFRs. Consultancy assignments may be awarded only in situations requiring high quality services for which the concerned Ministry/ Department does not have requisite expertise for specific jobs which are well defined in terms of content and time-frame for their completion. The number of Consultants may be reduced to the minimum requirement. Where individual Consultants are appointed by nomination, due economy may be observed while determining their fee and such fees may not be disproportionate to the work to be carried out by the Consultant. It is also considered desirable that in the last month of the year payments may be made only for the goods and services actually procured and for reimbursement of expenditure already incurred. Hence, no amount should be released in advance (in the last month) with the exception of the following: (i) Advance payments to contractors under terms of duly executed contracts so that Govt. would not renege on its legal or contractual obligations. (ii) Any loans or advances to Government servants etc, or private individuals as a measure of relief and rehabilitation as per service conditions or on compassionate grounds. Compliance: measures.
Internal Financial Advisers shall ensure compliance with these
[CSIR O.M. No.30-1(36)12008-Finance dt. 25-10-2011; E.Coord/ 2011 dt. 11-7-2011]
GOI MOF DOE O.M. No.7(1)/
CLARIFICATIONS ON MODIFIED ASSURED CAREER PROGRESSION SCHEME 1.
Whether the Pay Band would change in the hierarchy of PBs and Grade Pay on grant of the benefits under MACPS ?
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Yes. The upgradation under MACPS is to be granted in the immediate next higher GP in the hierarchy of recommended revised PB and GP as prescribed in the CCS (RP) Rules, 2008. 2.
Whether the benefits of MACPS would be allowed to the Govt. servants who have been inducted later on in the Organized Group "A" Service ? No. The benefits under MACPS are not applicable to Group ‘A’ Officers of Organised Group 'A' Services, as such Officers have already been allowed parity of two years on non-functional basis with the Officers of Indian Administrative Service.
3.
How will the benefits of ACP be granted, if due between 1-1-2000 and 31-8-2008 ? The new MACPS has come into existence w.e.f. 1-9-2008. However, the pay structure has been changed w.e.f. 1-1-2006. Therefore, the previous ACPS would be applicable in the new pay structure adopted w.e.f. 1-1-2006. Para 6.1 of Annexure-I of MACPS is only for exercising option for coming over to the revised pay structure and not for grant of benefits under MACPS. The following illustrations would explain the position: (A)
In the case of isolated post: Date of appointment in entry Grade in the pre-revised pay scale of Rs.4000-6000: 1-10-1982: 1st ACP granted on 9-8-1999: 2nd ACP due on 1-10-2006:
Rs.4500-7000 (pre-revised) Rs.5000-8000 (pre-revised) Revised PB-2 GP Rs.4200)
3rd Financial upgradation under the MACPS would be due on 1-10-2012 (on completion of 30 years of continuous regular service) in the immediate next higher GP in the hierarchy of recommended revised PB and GP of Rs 4600. (B)
In the case of normal promotional hierarchy: Date of appointment in entry Grade in the pre-revised pay scale of Rs.5500-9000: 1-1-1982 1st ACP granted on 9-8-1999: Rs. 6500-10500 (pre-revised) 2nd ACP due on 1-1-2006 (as per the existing hierarchy): Rs.10000-15200 (pre-revised)
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Therefore, the 2nd ACP would be in PB-3 with GP Rs.6600 (in terms of hierarchy available). 3rd Financial upgradation under MACPS would be due on 1-10-2012 in the immediate next higher GP in the hierarchy of recommended revised PB and GP of Rs.7600. 4.
Whether the benefits of MACPS would be granted from the date of entry grade or from the date of their regular/approved service counted under various service rules ? The benefits of MACPS would available from the date of actual joining of the post in the entry grade.
5.
6.
In a case where a person is appointed on an ex-cadre post in a higher scale on deputation followed by absorption, whether the period spent on deputation would be counted as continuous service in the grade or not for the purpose of MACPS ? i)
Where a person is appointed on direct recruitment/deputation basis from another post in the same grade, then past regular service as well as past promotions/ACP in the earlier post will be counted for computing regular service for the purpose of MACPS in the new hierarchy.
ii)
However, where a person is appointed in an ex-cadre post in higher scale initially on deputation followed by absorption, while the service rendered in the earlier post, which was in a lower scale cannot be counted. There is no objection to the period spent initially on deputation in the ex-cadre post prior to absorption being counted towards regular service for the purposes of grant of financial upgradation under MACPS, as it is in the same PB/GP of the post.
Whether the pay sale/GP of substantive post would be taken into account for appointment/selection to a higher post on deputation basis or the pay scale/GP carrying by a Govt. servant on account of financial upgradation(s) under ACP/MACP Scheme ? The pay scale/GP of substantive post would only be taken into account for deciding the eligibility for appointment/selection to a higher post on deputation basis.
7.
In a case where 1st/2nd financial up-gradations are postponed on account of the employees not found fit or due to departmental proceedings, etc., whether this would have consequential effect on the 2nd/3rd financial upgradation or not ?
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Yes. If a financial upgradation has been deferred/postponed on account of the employee not found fit or due to departmental proceedings, etc., the 2nd/3rd financial up-gradations under MACPS would have consequential effect. (Para 18 of Annexure-I of MACPS referred). 8.
In a case where the Govt. servant has already earned three promotions and still stagnated in one grade for more than 10 years, whether he would be entitled for any further upgradation under MACPS ? No. Since the Govt. servant has already earned three promotions, he would not be entitled to any further financial upgradation under MACPS.
9.
Whether the pre-revised pay scale of Rs.2750-4400 in respect of Gr. ‘D’ NonMatriculate employees, would also be taken as merged to GP of Rs.1800 for the purpose of MACPS in view of merger of pre-revised pay scales of Rs.2550-3200; Rs.2610-3540; Rs.2610-4000; and Rs.2650-4000 which have been upgraded and replaced by the revised pay structure of GP of Rs.1800 in the PB-1. Yes.
10.
If a Govt. servant on deputation earns upgradation under MACPS in the parent cadre whether he would be entitled for Deputation (Duty) Allowance on the pay and emoluments granted under the MACPS or not ? No. While eligibility of an employee for appointment against ex-cadre posts in terms of the provisions of the RRs. of the ex-cadre post will continue to be determined with reference to the post/pay scale of the post held in the parent cadre on regular basis (and not with reference to the higher scale granted under ACPS/MACPS), such an Officer in the event of his selection may be allowed to opt to draw the pay in the higher scale under ACPS/MACPS without deputation allowance during the period of deputation, if it is more beneficial than the normal entitlements under the existing general order regulating pay on appointment on deputation basis.
11.
Since the pay scales of Gr. ‘D’ employees have been merged and placed in the GP of Rs.1800, whether they are entitled for grant of increment @ 3% during pay fixation at every stage ? Yes. On the analogy of point 22 of annexure-I of MACPS, the pay of such Group ‘D’ employees who have been placed in the GP of Rs.1800 w.e.f. 1-1-2006 shall be fixed successively in the next three immediate higher GPs in the hierarchy of revised PBs and GPs allowing the benefit of 3% pay fixation at every stage.
14 [CSIR Lr. No.5-1(63)/2009-PD dt. 27-10-2011; No.35034/3/2008-Estt.(D) dt. 9-9-2011]
GOI MOPPG&P DOPT
O.M.
DIRECTOR-IN-CHARGE FOR RAB The Director-General, CSIR has been pleased to decide that Dr. Gangan Prathap, Director, CSIR-National Institute of Science Communication & Information Resources (NISCAIR) will also be the Director-in-Charge for Recruitment & Assessment Board in addition to his own duties without any additional remuneration. [CSIR Lr. No.5-1(117)/2011-PD dt. 31-10-2011] ENGAGEMENT OF CONSULTANT (LEGAL) BY CSIR HQS. Mrs. Manju Bagai has been appointed as part time Consultant (Legal) in CSIR HQs. w.e.f. 1-11-2011 forenoon on a fixed fee of Rs.50,000/- p.m. Mrs. Bagai will attend the Office three days in a week (Monday, Wednesday and Friday). Her tenure as Consultant is for a period of one year and she shall report to the Joint Secretary (Admn.), CSIR. [CSIR O.M. No.6-3(54)11/2009-1F:111 dt. 2-11-2011]
MOBILITY F STAFF BETWEEN CSIR AND OTHER ORGANIZATIONS Attention of CSIR Labs./Instts. has been drawn to guidelines issued on mobility of staff between CSIR and other organizations vide CSIR letters No. 14(25)/89-E.II dated 25-11-1993 and No.33(11))/87-E.I dated 9-2-1999 and to state that the Competent Authority has approved the following amendment: “The facility of retention of lien by CSIR staff may be extended not only for mobility to publicly funded R&D organizations but also to non-profit R&D institutions in the private sector to be involved in the R&D activities and the condition of serving CSIR for 3 years after repatriation to CSIR from Foreign Service is removed.”
[CSIR Lr. No.5-1(130)/2011-PD dt. 9-11-2011] DELEGATION OF POWER TO OPEN/CLOSE/TRANSFER OF BANK ACCOUNT OF CSIR AND ITS LABS./INSTTS. In continuation to CSIR letter No.2(37)/97-Finance dated 24-5-1997, the DG, CSIR has been pleased to delegate the powers to open/close/transfer of bank accounts of
15 CSIR and its Labs./Instts. to Financial Adviser, CSIR. Hence, it is restated that proposal for opening of the new account whenever and wherever required would continue to be referred to CSIR, HQs [CSIR Lr. No.30-2(37)/2011-Finance dt. 15-11-2011] RATIFICATION TO AMENDMENT IN CSIR SRAP RULES The Governing Body at its 178th meeting held on 28-6-2011 has ratified the amendments in the CSIR Scientists Recruitment and Assessment Promotion Rules as notified vide CSIR-RAB letter No.1-5(1)/174/2009-RAB dated 1-6-2011 and letter No.15(1)/174(AsPr)/ 2009-RAB dated 15-6-2011. [CSIR O.M. No.1-5(1)/174/2009-RAB dt. 14-11-2011] UP-DATING SWAMY’S HANDBOOK Page Subject matter with reference 23 Section 2: CGHS – General provisions Add as a new para – “8. Central Govt. employees who got absorbed in Statutory Bodies/Autonomous Bodies and who are in receipt of Central Civil Pension are eligible to avail CGHS facility on their retirement.” O.M. dt. 17-2-2011 23 Family – Substitute the following for the existing second para – “Irrespective of age, the permanently disabled sons (both physical and mental/schizophrenia illness) who are financially dependent on CGHS beneficiary and residing with CGHS beneficiary and suffering from 40% or more of disabilities are eligible to avail CGHS facilities. After every five years, the CGHS beneficiary should furnish a disability certificate issued by the appropriate authority to CGHS.” O.Ms. dt. 2-8-2010, 4-11-2010 & 26-5-2011 27 5. Facilities – Add as a new para – “(xx) Reimbursement of rates for domiciliary rehabilitation intervention, viz. Physiotherapy, Occupational therapy and Speed therapy O.M. dt. 1-6-2011 29 6. Hospital accommodation/Free diet Procedure for referral to recognized Hospitals – Add as a new para – “(xv) Expenditure incurred on the treatment taken within the grace period of three months from the date of retirement will be reimbursable, subject to conditions. Expenditure incurred on the treatment taken after the grace period
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308
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of three months from the date of retirement will not be reimbursable. However, on fulfilment of certain conditions, it is reimbursable.” O.M. dt. 15-9-2011 Section 15: Leave Travel Concession 10. Encashment of EL during LTC Add the following as new para – “4. If the Govt. servant fails to avail the LTC within prescribed time, he should refund the entire amount of leave encashment along with the interest at the rate of two per cent above the rate of interest allowed on Provident Fund balances and he is also entitled for credit back of leave so debited for encashment.” O.M. dt. 26-8-2011 Section 18: Other Allowances 3. Child Care Allowance Add the following as new para – “5. In the case of multiple births at the time of first child birth, the employee is not entitled to the allowance at double the rates for multiple births.” O.M. dt. 26-9-2011 Section 24: Retirement on Superannuation 16. Family Pension Period for which payable to – (e) Dependent parent(s) Add at the end of second column after “relief thereon” “They are eligible only after the childless widow dies or when her independent income exceeds the prescribed limit.” Add in the citation after “thereunder and O.M. dated 2-9-2011.” 13. Family Pension can be paid when the whereabouts of the employee/pensioner are not known – Add the following at the end of para – “In respect of missing pensioner, the family pension is payable from the date the FIR is lodged with the police or from the date immediately succeeding the day till pension had been last paid, whichever is later. Add in the citation “and O.M. dated 14-9-2011.”
[Swamysnews, Nov. 2011, 1-3] SCHOLARSHIP SCHEME FOR THE CHILDREN NSD-CANTEEN EMPLOYEES The Scheme for grant of Scholarship for the children of Non-Statutory Departmental (NSD) Canteens has been introduced to encourage higher studies by those children whose past performance had been meritorious and also introduced revised terms. Duly filled in applications in prescribed form have to be forwarded through proper channel. Certain concessions are available for SC/ST/Handicapped/Girl child, subject to fulfilment of certain conditions.
17
The Category-wise details of the Scholarships of the revised Scheme are given hereunder: S.No.
1. 2. 3. 4. 5. 6. 7. 8. 9.
Name of Scholarship/ Class of Study
Class IX, X or Matriculation
Number of Scholarships
Amount of each Scholarship per annum per Rs. 750/-
Eight (Four class) Class XI, XII or Intermediate or PUC Four (Two per - for Science stream class) Class XI, XII or Intermediate or PUC Four (Two per - for Non-Science stream class) Under Graduate studies of three years Three (One per duration -- for Science stream class) Under Graduate studies of three years Three (One per duration -- for non-Science stream class) Post-Graduate studies of two years Two (One per class) duration -- for Science stream Post-Graduate studies of two years’ Three (One per duration -- for non-Science stream class) ITI Course/Diploma Courses in Engg. One /Architecture B.E./B.Tech. … One for each course Bachelor of Architecture … M.B.,B.S.,/Medical Courses … Financial Courses …
Rs. 750/Rs. 750/Rs.1200/- for each stream Rs.1000/- for each stream Rs.1200/Rs.1200/Rs.1000/Rs.2500/- for each course
[GOI MOPPG&P DOPT O.M. No.20/1/29\011-Dir.(C) dt. 2-9-2011; Swamysnews, Nov. 2011, 9-13] DISPENSING WITH 2ND STAGE CONSULTATION WITH THE CVC IN DISCIPLINARY CASES One of the Terms of References of Group of Ministers (GOM) as constituted by the Govt. of India was to consider and advice on “Fast-tracking of all cases of public servants accused of corruption”, in order to ensure expeditious disposal of the disciplinary cases. It has been decided that second stage consultation with the Central Vigilance Commission in disciplinary matters may be dispensed with. However, in those cases where consultation with UPSC is not required as per extant rules/instructions, the second stage consultation with the CVC should continue.
18
[GOI MOPPG&P DOPT O.M. Swamysnews, Nov. 2011, 14-15]
No.372/19/2011-AVD-III(Pt.I)
dt.
26-9-2011;
EXTENSION OF CGHS FACILITIES TO RETIRED EMPLOYEES OF CENTRAL AUTONOMOUS BODIES It has been decided by the Ministry of Health & Family Welfare that all those CG employees who had proceeded to Statutory Bodies/Autonomous Bodies of CG either on deputation initially and then got absorbed in the SB/AB or proceeded to SB/AB on absorption basis may be extended CGHS facilities on their retirement, subject to the condition that they are in receipt of Central Civil Pension. The contributions to be made will be decided by the Grade Pay that they would have now drawn in the Govt. in the post held by tem but for their absorption in SB/AB. [GOI MOH O.M. No.11013/2/2006-CGHS(P) dt. 17-2-2011; Swamysnews, Nov. 2011, 17] REIMBURSEMENT WHEN PENSIONERS TAKE TREATMENT IMMEDIATELY AFTER RETIREMENT BEFORE GETTING CGHS CARDS It has been decided to clarify on reimbursement when pensioners take treatment immediately after retirement before getting CGHS Cards as follows: i)
The treatment taken and expenditure incurred thereon within the grace period of three months from the date of retirement will be allowed and expenditure reimbursable subject to the condition that the beneficiary has either obtained or applied for CGHS pensioner card with all documents and requisite CGHS subscription within one month of expiry of the grace period of three months.
ii)
It is further clarified that the expenditure on treatment taken after the grace period of three months from date of retirement will not be reimbursable unless the beneficiary has obtained a valid CGHS card or has applied for CGHS pensioner card with all documents and requisite CGHS subscription prior to such treatment.
[GOI MOH O.M.No.F.No.D.12011/6/98-CGHS Swamysnews, Nov. 2011, 17-18]
desk-I/CGHS(P)
dt.
15-9-2011;
EMPANELMENT OF PRIVATE HOSPITALS, DIAGNOSTIC LABS. & IMAGING CENTRES The following clarifications are provided on CGHS rates: 1.
If CGHS rate is not available for any procedure/investigation/category (say SuperSpecialty) in any CGHS covered city, the CGHS rate notified for such procedure/
19 investigation/category for the nearest CGHS city or the rate notified under CGHS, Delhi, whichever is lower shall be applicable as CGHS rate for that city. 2.
Since NABL Accreditation for in-house Labs. of Hospitals has been made optional, rates prescribed for NABL Accredited Labs. Shall be applicable for the in-house Labs. of Hospitals for the investigations undertaken for in-patients.
3.
It has also been clarified that any Day care procedure requiring short admissible (a few hours to one day) accommodation charge for one day as per entitlement shall be applicable, provided the patient has been admitted in a room as per his/her entitlement. The other terms and conditions shall remain unchanged.
[GOI MOH O.M. No.S.11011/23/2009-CGHS D.II/Hospital Cell (Pt. IX) dt. 30-9-2011; Swamysnews, Nov. 2010, 19-20] CLARIFICATIONS ON GRANT OF SPECIAL ALLOWANCE FOR CHILD CARE FOR WOMEN WITH DISABILITY 1.
Whether a woman employee with disabilities would be entitled for Special Allowance at double the rates for multiple births at the time of first child birth ? No
2.
Whether the Special Allowance would be admissible for the 3rd child in the case of first two children i.e. if the child (or for that matter the second child expires before attaining the age of 2 years) ? Grant of Special Allowance for child care for women with disabilities is admissible for two years from the birth of the child so long as the women employee does not have more than two surviving children.
[GOI MOPPG&P DOPT O.M. No.12011/04/2008-Estt.(AL) dt. 28-9-2011; Swamysnews, Nov. 2011, 20] LICENCE FEE RECOVERABLE FROM PRIVATE PERSONS, NON-GOVT. ORGANIZATIONS The rates of licence fee to be recovered from service departments/entitles like banks/post offices which are operating from General Pool accommodation allotted by the Directorate of Estates have been revised which would be effective during the period from 1-4-2011 to 31-3-2014 as under:
20 S.No. Organization 1. 2. 3.
Post Offices Banks Others
Revised rates of Licence fee per sq. mt. p.m. Rs.167/Rs.455/Market rate of Licence fee as prescribed by Govt. from time to time
[GOI DTE. OF ESTATES O.M. No.18015/1/2010-Pol.III dt. 29-8-2011; Swamysnews, Nov. 2011, 23-24]
21
PARTICIPATIVE VIGILANCE: AN EFFECTIVE MEANS OF COMBATING CORRUPTION* Ch. Srinivasa Rao Founder-Editor, ‘HARMONY” and Formerly COA, CSIR-NGRI Hyderabad
Introduction The Central Vigilance Commission rightly postulated “Participative Vigilance” as the theme for the Vigilance Awareness Week which is being observed during 31st October to 5th November, 2011 all over CSIR Labs./Instts. The term “Participative (or participatory) Vigilance” makes us immediately think about Participative Management”. Well ! These terms are identical to the extent of involving others in its approach. In both the cases, it encourages the involvement of stakeholders at all levels of an organization in survey feedback, analysis of problems, development of strategies, etc. Participative Vigilance entails involvement of employees at appropriate levels, such as Supervisors, middle-level Managers, etc. Why so much emphasis on “Vigilance” ? Vigilance in the context of any organisation would mean “keeping a watchful eye on the activities of its employees to ensure integrity of personnel in their official transactions”. Vigilance, in other words, is to “ensure clean and prompt Administrative action toward achieving efficiency and effectiveness of the employees in particular and the organisation in general”. Lack of Vigilance leads to wastage, loss, and economic decline. What constitutes Vigilance Angle ? i)
Demanding and/or accepting gratification other than legal remuneration in respect of an Official act or for using his influence with any other Official.
ii)
Obtaining any valuable thing, without consideration or with ‘inadequate’ consideration from a person with whom he or his subordinates have or likely to have Official dealings or where he can exert influence
22 iii)
Obtaining for himself or for any other person any valuable thing or pecuniary advantage by corrupt or illegal means or by abusing his position as a public servant
*
Presented at the CSIRCSIR-Central Institute of Mining & Fuel Research, Dhanbad on 5th November, 2011 during Vigilance Awareness Week
iv)
Possession of assets disproportionate to his known sources of income
v)
Cases of misappropriation, forgery or cheating or other similar criminal offences.
vi)
Lapses -- gross negligence; recklessness; failure to report to competent authorities, exercise of discretion/powers without or in excess of powers/jurisdiction; causing undue loss or a concomitant gain to an individual or a set of individuals/a party or parties; and flagrant violation of systems and procedures.
vi)
Fraud -- the successful practice of deception with the intention of cheating
Determining Vigilance Angle Risk-taking in a commercial activity forms part of business. Any loss caused to the organisation either in pecuniary or non-pecuniary terms need not necessarily become the subject matter of a vigilance inquiry. Thus, whether a person of common prudence, working within the ambit of the prescribed rules, regulations and instructions, would have taken the decision in the prevailing circumstances in the commercial/operational interests of the organisation is one possible criterion for determining the bona fides or mala fides of the case. Nevertheless, absence of vigilance angle in various acts of omission and commission does not mean that the concerned Official is not liable to face the consequences of his actions. All such lapses which do not attract vigilance angle would have to be dealt with appropriately. Transparency International Corruption Perception Index: Transparency International, the global coalition against corruption, defines corruption as “the abuse of entrusted power for private gain�. This definition encompasses corrupt practices in both the public and private sectors. In combating corruption punitive action needs to be supplemented with preventive measures which calls for a more participative approach. There should be enhanced focus on strengthening the systems and controls to reduce the vulnerability for corruption by eliminating arbitrariness and discretion in decision-making.
23 The Transparency International during its functioning conducts a number of surveys on the performance of the countries through certain parameters all over the world with regard to transparency in their deeds. The Corruption Perceptions Index (CPI) ranks countries according to perception of corruption in the public sector. The CPI is an aggregate indicator that combines different sources of information about corruption. Bribe Payers’ Index: According to Transparency International, the countries were evaluated on a scale of 0-10 points on ‘Bribe Payers Index’ (BPI), with the maximum 10 points corresponding to the view that companies from that country never indulged in bribery abroad and a zero score being equivalent to these companies having always paid bribes. In this year’s list, the Netherlands and Switzerland have been ranked together on top with 8.8 points each; followed by Belgium, Germany, Japan, Australia, Canada, Singapore, the UK and the US. India continues to be ranked near the bottom of the global BPI. In a list of 28 countries, India has been ranked 19th, while China was a notch higher at 27th position with 6.5 points and Russia fared at 28th position with a score of 6.1 points. Those ranked below India include Turkey, Saudi Arabia, Argentina, the UAE, Indonesia and Mexico. India’s score improved to 7.5 points up by 0.7 points since the last survey in 2008; but ironically remains near the bottom of the table. India’s score was below the global average of 7.8 points. Why CPI ratings at all ? The Corruption Perception Index is prepared on annual basis and is given wide publicity to enable the Heads of Nations to make amends in their transparency ratings, etc. This exercise motivates them in earning a good rating in the CPI. The CPI of the respective countries influence the thinking of various International Organizations such as UNO, World Bank, etc. in considering the proposals for developmental projects, Grantin-Aid, loans, collaborative research, implementation of international pacts, etc. of respective countries. Reasonable ratings would also attract foreign investments which in turn create employment. When Transparency International ranked India at the 87th position (out of 178 countries) in the CPI: 2010, wide spread concern was expressed everywhere at the decline in moral values, lack of transparency and fair play in public administration. Rapid economic growth, entailing huge investments makes it imperative that shortcomings in the system are addressed urgently.
Inter alia, India could not make much head-way in improving its CPI. The details of CPI in respect of India and certain other countries are provided hereunder for a cursory glance:
24
CORRUPTION PERCEPTION INDEX India is ranked 87th out of 179 countries in CPI on a scale of “0” to “10” [“0” .. highly corrupt; and “10” .. highly clean] Country Denmark New Zealand Finland United Kingdom United State of America China Taiwan India Pakistan Bangladesh
During 2009
During 2010
9.2 9.2 9.2 7.1 7.6 3.6 5.8 3.3 2.3 2.4
9.3 9.4 9.2 7.7 7.5 3.6 5.6 3.4 2.3 2.4
Remarks on Rating Improved Improved No change Improved Downward No change Downward Improved No change No change
Participative Vigilance Shri R. Sri Kumar, Vigilance Commissioner, CVC while addressing a gathering at Bangalore said that “Participative Vigilance was the need of the hour in this era of all pervasive corruption”. Participative Vigilance actively involves all the types of vigilance such as Corrective vigilance, Punitive vigilance, Predictive vigilance, Preventive vigilance, Detective vigilance.
Modus operandi for effective Participative Vigilance Participative Vigilance demands the following:
Dissemination of Information to a closed group Creating awareness through training Creates a sense of belongingness Inculcates proactive mode instead of a reactive one Creativity and Innovation Integrates the participating groups with the organization Improves communication network Transparency and openness Good listening ability Calm & Quiet dispensation Further, Participative Vigilance helps in –
instilling a sense of pride among the participants; motivating them for a common goal;
25
creating a sense of self-esteem; making them more receptive to change; making them more committed towards the organization; giving them authority, responsibility and accountability; improving horizontal and vertical communication providing empowerment through delegation creating a committed workforce; and helping in transparency and openness
Police vs. People A viable example of Participative Vigilance is the efforts of Police Department to involve people in its operations and other activities such as warding-off terrorism, for implementing law and order, providing security, etc. the Police authorities resort to various means such as establishing “Neighbourhood Policing” which was introduced for the first time in the country in Coimbatore, Tamil Nadu; establishing “Peace Committees” in sensitive areas, participating more and more in public activities to mingle with public; building-up well-established Informer system, etc. Good Governance The term “Governance” denotes the whole gamut of activities right from policy making at the highest level to the delivery of goods and services to the citizens. According to Dr. Madhav Godbole, “Good governance has much to do with the ethical grounding of governance and must be evaluated with reference to specific norms and objectives as may be laid down. ….it must have firm moorings to certain moral values and principles”. Dr. C.K. Prahlad who was considered to be one of the world's top 10 Management Thinkers, and his theory about the “fortune at the bottom of the pyramid” is followed by many Corporations in emerging markets, observed that “The governance capacity of a nation is determined by its ability to enforce laws, regulations and contracts. But in terms of capacity to interpret and enforce laws, contracts and regulations, we are inadequate.” He also added that “Good governance is not possible without addressing corruption.” Are we appropriately equipped to deal with it ? A simple example would be banning smoking in public places, making the people obey traffic rules, illegal unauthorized constructions, protecting water bodies from pollution, and many more. Are we able to enforce these effectively ?
26 How do we tackle ? According to the United Nations, the essential characteristics of Good Governance are: a) b) c) d) e)
Consensus and participatory approach, not only in decision-making but also in implementation; Effectiveness in achieving the objectives; Efficiency in utilization of resources; Responsiveness to the expectations of all the stake-holders and equity and fair play to all players; and Accountability and transparency.
Tackling corruption Corruption is a major issue which impacts every citizen. In combating corruption, punitive action needs to be supplemented with preventive measures, which calls for a more participative approach. While corruption should be dealt with ruthlessly, vigilance should be conducted in an appropriate manner so that honest officers are able to function without fear. There should be enhanced focus on strengthening the systems and controls to reduce the vulnerabilities for corruption by eliminating arbitrariness and discretion in decisionmaking. This also calls for leveraging of technology wherever possible. According to Hon’ble Shri M. Hamid Ansari, Vice-President of India, “Corruption” impacts the Nation in three ways: i)
In its moral dimension, it cuts at the very roots of the social and political fabric of the society and increases injustice
ii)
In its legal implications, it results in disregard for the rule of law
iii)
In its developmental aspect, commercial transactions
it distorts investment decisions and other
The Planning Commission apprehended that “Corruption is the most endemic and entrenched manifestation of poor governance in Indian Society; so much so it has almost become an accepted reality and a way of life.” Further, more and more involvement of Civil Societies, NGOs, Intellectuals is necessary in governance, if desired to be more effective for effecting Participative Vigilance.
27 Mr. Tony Blair, former Prime Minister of United Kingdom had suffered with Sonstroke. His son was arrested by the London Police for over-speeding. Mr. Blair had to personally go to the Police Station and get his son bailed out. Can we expect such a commitment in our country ? It should be an eye-opener to all of us in India. When do we grow to attain such maturity ? It was found that more than 50% people had first-hand experience of paying a bribe to get a job done through a public office. Earlier a bribe was being paid for getting “wrong things” done. Today, we do it for getting “right things” done at the “right time”. N. Vittal, Senior Central Vigilance Commissioner (Retd.) in his book entitled “Corruption: The Road-Block to National Prosperity” observed that fighting corruption is like fighting a war; war is too dangerous a matter to be left to the Generals. He was right! Unless, we change our mind-set, there is no respite from corruption. It emphasizes the need to make the vigilance more and more participative.” This necessitates ethical decision-making model which would withstand scrutiny. Any meaningful anti-corruption strategy has to tackle the Bribe-taker and the Bribe-giver. Such strategy includes creating awareness, allaying fears among employees; and creating an environment to say “no” to corruption Staff members who feel aggrieved in a threatening atmosphere will not regard “ethics” as a priority. We need to build an environment that supports ethical workculture which involves ethical leadership, identifying deficiencies in the work place environment, over-coming work-place harassment; to enhance accountability through independent and professional complaint-handling, investigations and audit. We normally indulge in ..
Keeping the rules close to heart Not bothering to spread awareness about them In-built rigidity Over emphasis on complying with rules and procedures Losing sight of spirit behind such rules Having a culture of inertia and risk avoidance Inhibition towards creativity and innovative approach to problems
The way out ?.. In order to complement the efforts in effecting Participate Vigilance, tremendous efforts have been put in by CSIR for codifying rules and procedures in a big way – Recruitment & Assessment Processes through brochures and books - Review & Revision is a constant process
Revised Stores & Purchase Procedures
28
General & Financial Rules -
Taking cue from the Revised GFR, and in order to augment un-flinched research and development activities, recently CSIR have notified consolidated “Delegation of Powers”. Hitherto, we were left to fend for ourselves on the basis of consolidated version of Delegation of Powers issued by the Govt. of India which were neither practical nor useful in the present context
Existing procedures and practices -
The Govt. of India have revised the existing GFR way back in 2005 bearing in mind the prevailing situation
Delegation of Powers -
Dr. S. Sivaram Committee had provided excellent inputs in streamlining the existing procedure for purchase procedures and maintenance of Inventory
By choice, CSIR have adopted the Central Service Rules and related aspects and there has not been much scope to deviate from them
Disciplinary Procedure -
More or less, the procedures and practices prevalent in the Govt. of India Departments are being followed in CSIR. The systems got established well and proved their road worthiness.
Measures initiated by CVC Brochures, Booklets, Newsletters … - Besides releasing a number of booklets on the subject, CVC has been bringing out a monthly bulletin entitled “VIGEYE VANI” to spread awareness about their activities Going to introduce a people-friendly mobile technology-based vigilance system “VIGEYE” (Vigilance Eye) which enables the public to inform the CVC about corrupt practices through SMS/MMS or by uploading data, document, audio/video evidence with the help of a four-digit number. - If an SMS <VIGEYE> to 09223174440 is sent, the sender will receive necessary application for installing on his mobile phone. On uploading SMS/MMS, photo, video, data or document pertaining to corruption onto the CVC Server, the receipt will be acknowledged. Shortly, CVC will be introducing a four digit toll-free number for making complaints A BPO Centre is being established.
29 CVC Website is being given a technical face-lift through user-friendly software for handling complaints Independent External Monitors In order to oversee the process of award of work and execution of contracts, retired public officials with appropriate experience and credibility are nominated by the CVC as “Independent External Monitors” (IEMs) in Public Sector Organizations where enormous amount of expenditure is incurred for procurement of Stores or undertake extensive construction activity. The IEMs are expected to review the terms of reference and other basic bidding documents, including the NITs; take part in all meetings that take place with potential or current bidders; oversee scrutiny of bids and award of order and preparation of a final report for public consumption. It involves the analysis of problems, development of strategies, and implementation of solutions. Ombudsman The existing system of “Ombudsman” in United Kingdom has been adopted by the Govt. of India to enhance the accountability through independent and professional complaint-handling, investigations and audit. This proved to be very effective in Public Sectors such as Banking, Insurance, Commercial Taxes, etc. It could perhaps be extended to other Govt. Ministries/Departments as well. Right to Information The Right to Information Act, 2005 has proved to be very useful to the public. It necessitated the need for introducing transparency and utmost care in the day-to-day activities of any organization which hangs over our head like “Damocles’ Sword”. Further as per the directives of the Act, all the public organizations are expected to computerize the information with regard to their mandate, rules, procedures, hierarchical levels, details about their salary, etc., complaint mechanism, information in respect of their Public Information Officers, Assistant Public Information Officers, etc. and make it available on their respective Websites The CVC has been strongly advocating RTI Act. Whistle-blowing … The episode of “Satyendranath Dubey” who was an Engineer in Public Works Department of Bihar and was slain by the Road Contractors, is still fresh in our memory. The Public lnterest Disclosure and Protection to Persons Making the Disclosure Bill: 2010 is pending with the Parliament for ratification. On enactment, CVC will function as its
30 Nodal Agency. Fear of reprisal and belief that nothing would be done are the biggest deterrents to disclosure. In order to make the Whistle-Blower system effective, it is required to:
strengthen investigating capacity; train Line-Managers in handling confidentiality; commit to protect Reporters; learn the mistakes from the “cooked-up reports” rather than ”covering the tracks ;
Conclusion If we have “inclination”, we can usher into “Corruption Free-Society”. Instead of being passive on lookers, we can achieve anything if we join our hands and commit ourselves. We can no more keep our fingers crossed and look into an endless black-hole. We should entertain the “can-do-philosophy” and create an environment where the employees feel proud of it, which in turn creates an urge to identify themselves with their organization with a sense of belongingnesss. References 1.
“Report of One-Man Committee” constituted by the Govt. of Maharashtra on “Good Governance” (2001), Dr. Madhav Godbole
2.
Vigilance Manual Vol. I (2005), Central Vigilance Commission, New Delhi
3.
Hon’ble Shri M. Hamid Ansari, Vice-President of India in a speech delivered on the occasion of the release of “Study Report” (July 2008) of Transparency International India
4.
Shri R. Sri Kumar, Vigilance Commissioner, CVC addressing a gathering on “Participative Vigilance: Need of Hour” at Bangalore, Dec. 12, 2010
5.
Shri Pradeep Kumar Vigilance Commissioner, “VIGEYE” (July 2011), a Monthly Newsletter being published by CVC
6.
Dr. Jaya Balachandran, Addl. Secretary, CVC in a write-up in “VIGEYE” (July 2011)
7.
“Delegation of Powers” , CSIR (2011)
8.
The Times of India (Hyderabad Edn.), Nov. 3, 2011, p. 9