Thursday, January 29, 2009
Tuesday, January 27, 2009
Monday, January 26, 2009
Regularity Audit (Compliance)
- Audit against provision of funds to ascertain whether the moneys shown as expenditure in the Accounts were authorised for the purpose for which they were spent.
- Audit against rules and regulation to see that the expenditure incurred was in conformity with the laws, rules and regulations framed to regulate the procedure for expending public money.
- Audit of sanctions to expenditure to see that every item of expenditure was done with the approval of the competent authority in the Government for expending the public money.
- Propriety Audit which extends beyond scrutinising the mere formality of expenditure to it wisdom and economy and to bring to light cases of improper expenditure or waste of public money.
- While conducting the audit of receipts of the Central and State Governments, the Comptroller & Auditor General satisfies himself that the rules and procedures ensure that assessment, collection and allocation of revenue are done in accordance with the law and there is no leakage of revenue which legally should come to Government.
House Building Advance to Central Government Employees
1.The Scheme of House Building Advance to Central Government Employees is aimed at providing assistance to the Government employees to construct/acquire house/flats of their own. The scheme was introduced in 1956, as a welfare measure. Ministry of Urban Development & Poverty Alleviation act as the nodal Ministry for the same.
2. House Building Advance is admissible to all those temporary employees also who have rendered 10 years of continuous service. The Ministries/Departments are delegated powers to sanction House Building Advance to their employees in accordance with the House Building Advance Rules.
3.With effect from 27-11-2008, the following provisions of grant of House Building Advance shall be in operation, until further orders:-
(i).The maximum limit for grant of HBA shall be 34 months' of pay in the pay band subject to a maximum of Rs. 7.50 lakh or cost of the house or the repaying capacity whichever is the least, for new construction/purchase of new house/flat.
(ii).The maximum limit for grant of HBA for enlargement of existing house shall be 34 months' pay in the pay band subject to a maximum of Rs. 1.80 lakh or cost of the enlargement or repaying capacity, whichever is the least.
(iii).The cost ceiling limit shall be 134 times the pay in the pay band subject to a minimum of Rs.7.50 lakh and a maximum of Rs.30 lakh relaxable up to a maximum of 25% of the revised maximum cost ceiling of Rs.30 lakh.
4. The rate of interest on House Building Advance is between 5% to 9.5% ,depending on the loan amount.
5. The repaying capacity of Govt. servants who have more than 20 years of remaining service has been revised from 35% to 40% of pay. (Pay means pay in the pay band).
6. The salient features of House Building Advance Rules are as follows-
1. ELIGIBILITY
- Permanent Government employees.
- Temporary Government employees who have rendered at least 10 years continuous service.
- To be granted once during the entire service.
If both the husband and wife are Government of India employees and eligible for HBA, it shall be admissible to only one of them.
2. PURPOSE
HBA is granted for:
- Constructing a new house on the plot owned by the official or the Official and the Official's wife/husband jointly.
- Purchasing a plot and constructing a house thereon.
- Purchasing a plot under Co-operative Schemes and Constructing a house thereon or acquiring house through membership of Co-operative Group Housing Scheme.
- Purchasing /construction of house under the Self-Financing scheme of
- Outright purchase of new ready-built house/flat Housing boards, Development Authorities and other statutory or semi-Government bodies and also from private parties.*
- Enlarging living accommodation in an existing house owned by the official or jointly with his/her wife/husband. The total cost of the existing structure (excluding cost of land) and the proposed additions should not exceed the prescribed cost ceiling.
- Repayment of loan or advance taken from a Government or HUDCO or Private source even if the construction has already Commenced, subject to certain conditions.
- Constructing the residential portion only of the building on a Plot which is earmarked as a shop-cum-residential plot in a Residential colony.
* Private party means registered builders but not private individuals.
3. CONDITIONS:
a) The applicant or spouse or minor child should not already own a house in the town/Urban agglomeration where the house is proposed to be constructed or acquired.
b) The title to the land should be clear. The land may be owned either:
- by the Government employee; or
- jointly by the Government employee and spouse.
c) COST CEILING
134 times of pay in the pay band subject to a minimum of Rs. 7.50 lakh and a maximum of Rs.30 lakh
Administrative Ministry may relax the cost ceiling to 25% of cost ceiling mentioned above in the individual cases on merits.
(Effective from 27th November, 2008)
d) AMOUNT OF ADVANCE:
- will be the LEAST of the following:-
(i) 34 times the pay in the pay band.
(ii) The cost of construction.**
(iii) Rs. 7,50,000/- ***
(iv) Repaying Capacity.
** 80% of cost in rural areas.
*** Rs. 1,80,000/- in case of enlargement of existing house.
e) REPAYING CAPACITY:-
Repaying Capacity is computed on the following basis:-
| S. No. | Length of remaining service of the applicant. | Repaying Capacity |
| 1. | Retiring after 20 years. | 40% of pay @ |
| 2. | Retiring after 10 years but not later than 20 years. | 40% of pay @ plus 65% of * Retirement Gratuity |
| 3. | Retiring within 10 years | 50% of pay @ plus 75% of * Retirement Gratuity. |
@ Pay means pay in the pay band
4. DISBURSEMENT OF ADVANCE:
| S. No. | Purpose of HBA | Disbursement | |
| (1) | (2) | (3) | |
| (i) | For construction/enlargement (single or double storeyed). | 50% - | on execution of mortgage deed |
| (ii) | For purchase of land and construction (Single storeyed) | 40% or -
| for purchase of plot on execution of agreement and production of Surety Bond. |
| (iii) | For purchase of land and construction (Double storeyed) | 35% or actual cost
| for purchase of plot on execution of agreement and production of Surety bond. |
| (iv) | For purchase of ready built house/flat | 100% - in one lumpsum. | |
| (v) | For acquiring flat/house from Co-operative Group Housing Society. | 20% -
| Towards purchase of land by the Society. in suitable installments on receipt of demand (pro-rate basis) |
| (vi) | For purchase of flat under SFS of Development Authorities etc. | | No payment for initial registration Deposit. May be released in not more than 5 instalments. But the fifth and final instalment should not be less than 10% and is to be released for making final payment. |
5. TIME SCHEDULE FOR UTILISATION OF HBA:
| S. No. | Purpose | Time limit |
| (a) | Purchase of registered plot on which construction can commence immediately. | |
| (b) | Purchase of ready built house. | Acquisition and mortgage to Government to be completed within 3 months. |
| (c) | Purchase/construction of new flat | Should be utilised within one month of sanction. |
6. REPAYMENT OF ADVANCE:
The recovery of advance shall be made in not more than 180 monthly installment and interest shall be recovered thereafter in not more than 60 monthly installments. In case Government servant is retiring before 20 years, repayment may be made in convenient installments and balance may be paid out of Retirement Gratuity.
7. INTEREST
The rate of interest on Housing Building Advance with effect from 1st April, 2003 are as follows:-
| S. No. | Amount of Advance sanctioned to a Government Servant | Rate of Interest on HBA (Per Annum). |
| 1. | Upto Rs. 50,000/- | 5% |
| 2. | Upto Rs. 1,50,000 | 6.5% |
| 3. | Upto Rs. 5,00,000/- | 8.5% |
| 4. | Upto Rs. 7,50,000/- | 9.5% |
8.COMMENCEMENT OF RECOVERY:
| Construction of a house or enlargement of living accommodation | * From pay for the month following the completion. Or The pay for the 18th month after date of payment of the 1st installment, whichever is earlier. |
| Purchase of land and construction. | * From pay for the month following the completion of the house. Or The pay for the 24th month after date of drawl of installment for purchase of land, whichever is earlier. |
COMMENCEMENT OF RECOVERY (CONT'D):
| Ready built flat. | * Pay for the month following the month in which advance was drawn. |
| Purchase of Flat under SFS from Development Authority/Housing Society. | * From the pay for the 18th month after date of payment of 1st installment. |
* The sanctions of HBA should invariable stipulate a higher rate of interest at 2.5% above prescribed rates with the stipulation that if conditions attached to the sanction are fulfilled, rebate of interest to the extent of 2.5% will be allowed.
9. CREATION OF SECOND MORTGAGE:
The Government servants who have obtained HBA from the Government may be permitted to create a second charge on the property provided they obtain prior permission of the Head of the Department and the draft deed of second mortgage is submitted to the Head of the Department for scrutiny. Such a second charge may be created only in respect of loans to be granted for meeting the balance cost of houses/flats by recognised financial institutions.
10.PROVISIONS FOR SAFE RECOVERY OF
(i). As a safeguard of the House Building advance, the loanee Government employee has to insure the house immediately on completion or purchase of the house, as the case may be, at his own cost with Life Insurance Corporation of India and its associated units. The house/flat constructed/purchased with the help of
SAIL to gift over 1,000 kg of gold to employees
New Delhi, Jan 26 (PTI) Government-run steel major SAIL is embarking on a gold-gifting spree for its golden jubilee bash next month and would give its employees over a thousand kg of the precious metal worth about Rs 145 crore.
The company is celebrating its 50th anniversary on February 3, for which it is believed to have ordered nearly 1,040 kg of gold coins to be distributed among its 1,30,000- strong workforce, official sources said.
Coming in the midst of a rough patch for steel industry due to falling steel prices and a demand slump in the market, the proposed doleout of gold coins is part of the company's efforts to reward its workforce on this important occasion.
Weighing eight grams, each of the gold coins would cost about Rs 11,000. The country's largest steel producer SAIL is understood to be channelising the order for coins through SBI.
When contacted, a SAIL spokesperson declined to comment.
Sources, however, said Steel Minister Ram Vilas Paswan is likely to make an announcement for the goodies to be doled out to SAIL employees during the golden jubilee function of the PSU on February 3 here.
Contending that it is not the first time that employees of a PSU are being rewarded, a senior Steel Ministry official said it is "a token of appreciation for their work".
The domestic steel producers, including SAIL, are passing through tough times now due to waning demand and prices, but had a magical run till September last year.
In the second quarter ended September 30, 2008, SAIL registered an 18.19 per cent jump in its net profit to Rs 2,009.60 crore. The company had a net profit of Rs 1,700.24 crore in the September quarter of FY'08.
The PSU currently produces about 15 million tonnes of steel and has embarked on a Rs 78,000-crore expansion plan to augment its capacity to 26.2 million tonnes by 2010. PTI
The company is celebrating its 50th anniversary on February 3, for which it is believed to have ordered nearly 1,040 kg of gold coins to be distributed among its 1,30,000- strong workforce, official sources said.
Coming in the midst of a rough patch for steel industry due to falling steel prices and a demand slump in the market, the proposed doleout of gold coins is part of the company's efforts to reward its workforce on this important occasion.
Weighing eight grams, each of the gold coins would cost about Rs 11,000. The country's largest steel producer SAIL is understood to be channelising the order for coins through SBI.
When contacted, a SAIL spokesperson declined to comment.
Sources, however, said Steel Minister Ram Vilas Paswan is likely to make an announcement for the goodies to be doled out to SAIL employees during the golden jubilee function of the PSU on February 3 here.
Contending that it is not the first time that employees of a PSU are being rewarded, a senior Steel Ministry official said it is "a token of appreciation for their work".
The domestic steel producers, including SAIL, are passing through tough times now due to waning demand and prices, but had a magical run till September last year.
In the second quarter ended September 30, 2008, SAIL registered an 18.19 per cent jump in its net profit to Rs 2,009.60 crore. The company had a net profit of Rs 1,700.24 crore in the September quarter of FY'08.
The PSU currently produces about 15 million tonnes of steel and has embarked on a Rs 78,000-crore expansion plan to augment its capacity to 26.2 million tonnes by 2010. PTI
Saturday, January 24, 2009
Another research body to come up in Hyderabad
Hyderabad (PTI): Yet another world-class research institution will come up in Andhra Pradesh in the next three years.
The Institute of Translational Research (ITR), an autonomous body being "facilitated" by city-based Centre for Cellular and Molecular Biology (CCMB), will be set up on a 184 -acre site at Rangapur village in Bibinagar mandal near here.
The state government has allotted the site to CCMB for establishing the Rs 1,000-crore institute that will focus on various areas of biological research like cell biology, developmental biology, stem-cell biology and cancer biology.
The ITR's objective will be to carry the research results directly to the (patient's) bed, CCMB sources said.
The proposed body, for which the Planning Commission has given in principle nod, will collaborate with city-based Nizam's Institute of Medical Sciences (NIMS) to carry the research results from "the bench to the bed," they said.
The NIMS is shortly opening its second campus at Bibinagar and it will be tied-up with the ITR, the sources said. The Council of Scientific and Industrial Research (CSIR) has also approved the ITR project. CCMB is one of the laboratories of the CSIR, a premier government agency.
The Central Government has sanctioned Rs 360 crore towards, what CCMB Director Lalji Singh described a `mega project'. "The institute will give a boost to India's image as an emerging hub of biotech and pharma research," he told PTI.
"India has over 4,694 anthropologically well-defined populations. We need to leverage this as it can provide access to vital research for studying gene-environment interactions in relation to a disease and developing personalised medicine."
ITR is a totally "new concept," according to Singh. "The modern institution and the associated medical school will anchor the application of knowledge of modern biology into clinical care."
It will also take up collection and analysis of large amounts of clinical data, development of personalised medicine, cultivation of stem cell populations, molecular diagnostics and design and development of targeted delivery systems.
On the laboratory front, the institute will match its counterparts in the US, CCMB sources said. It will have the latest tools of Rs 300 crore plus, and hospital equipment worth another Rs 300 crore.
The ITR will offer challenging opportunities for about 1,000 scientists and staff besides about 500 students, the sources added.
As many internationally-reputed pharmaceutical and biotech companies are located in Hyderabad, the Andhra Pradesh Government pushed for the ITR project and succeeded in bagging it, beating Bihar in the race.
"The presence of ITR will attract multi-national companies engaged in clinical and genomic research to the state," a top official in the Chief Minister's Office said.
With the required land in place, the "first hurdle" for the prestigious project has been cleared. Chief Minister Y S Rajasekhara Reddy is now using his good offices in New Delhi to get other clearances for the project and speed up its establishment, the official added.
Azim Premji Chairman, Wipro Corporation on The Changing World
| Prelude | ||
| A very inspiring, interesting and thought provoking speech by Shri Azim Premji at the 37th Annual Convocation 2002, IIM, Ahmedabad “While change and uncertainty have always been a part of life, what has been shocking over the last year has been both the quantum and suddenness of change. For many people who were cruising along on placid waters, the wind was knocked out of their sails. The entire logic of doing business was turned on its head. Not only business, but also every aspect of human life has been impacted by the change. What lies ahead is even more dynamic and uncertain. I would like to use this opportunity to share with you some of our own guiding principles of staying afloat in a changing world. This is based on our experience in Wipro. I hope you find them useful.” | ||
LESSON 1 | ||
| “Be alert for the first signs of change.” Change descends on every One equally; it is just that some realize it faster. Some changes are sudden but many others are gradual.While sudden changes get attention because they are dramatic, it is the gradual changes that are ignored till it is too late. You must have all heard of story of the frog in boiling water. If the temperature of the water is suddenly increased, the frog realizes it and jumps out of the water. But if the temperature is very slowly increased, one degree at a time, the frog does not realize it till it boils to death. You must develop your own early warning system, which warns you of changes and calls your attention to it. In the case of change, being forewarned is being forearmed. | ||
LESSON 2 | ||
| “Anticipate change even when things are going right." Most people wait for something to go wrong before they think of change. It is like going to the doctor for a check up only when you are seriously sick or thinking of maintaining your vehicle only when it breaks down. The biggest enemy of future success is past success. When you succeed, you feel that you must be doing something right for it to happen. But when the parameters for success change, doing the same things may or may not continue to lead to success. Guard against complacency all the time. Complacency makes you blind to the early signals from the environment that something is going wrong. | ||
LESSON 3 | ||
| “Always look at the opportunities that change represents.” Managing change has a lot to go with our own attitude towards it. It is proverbial half-full or half empty glass approach. For every problem that change represents, there is an opportunity lurking in disguise somewhere. It is up to you to spot it before someone else does. | ||
LESSON 4 | ||
| "Managing change has a lot to go with our own attitude towards it. It is proverbial half-full or half empty glass approach. For every problem that change represents, there is an opportunity lurking in disguise somewhere. It is up to you to spot it before someone else does. For many of us the routine. We have got accustomed to obstructs change. Routines represent our own zones of comfort. There is a sense of predictability about them. They have structured our time and even our thought in a certain way. While routines are useful, do not let them enslave you. Deliberately break out of them from time to time. | ||
LESSON 5 | ||
| “Realize that fear of the unknown is natural.” With change comes a feeling of insecurity. Many people believe that brave people are not afflicted by this malady. The truth is different. Every one feels the fear of unknown. Courage is not the absence of fear but the ability to manage fear without getting paralyzed. Feel the fear, but move on regardless. | ||
LESSON 6 | ||
| “Keep renewing yourself.” This prepares you to anticipate change and be ready for it when it comes. Constantly ask yourself what new skills and competencies will be needed. Begin working on them before it becomes necessary and you will have a natural advantage. The greatest benefit of your education lies not only in what you have learnt, but in working how to learn. Formal education is the beginning of the journey of learning. Yet I do meet youngsters who feel that they have already learnt all there is to learn. You have to constantly learn about people and how to interact effectively with them. In the world of tomorrow, only those individuals and organizations will succeed who have mastered the art of rapid and on-going learning. | ||
LESSON 7 | ||
| “Surround yourself with people who are open to change." If you are always in the company of cynics, you will soon find yourself becoming like them. A cynic knows all the reasons why something cannot be done. Instead, spend time with people who have a "can-do" approach. Choose your advisors and mentors correctly. Pessimism is contagious, but then so is enthusiasm. In fact, reasonable optimism can be an amazing force multiplier. | ||
LESSON 8 | ||
| “Play to win..!!" I have said this many times in the past. Playing to win is not the same as cutting corners. When you play to win, you stretch yourself to your maximum and use all your potential. It also helps you to concentrate your energy on what you can influence instead of getting bogged down with the worry of what you cannot change. Do your best and leave the rest. | ||
LESSON 9 | ||
| “Respect yourself. The world will reward you on your successes." Success requires no explanation and failure permits none. But you need to respect yourself enough so that your self-confidence remains intact whether you succeed or fail. If you succeed 90 per cent of the time, you are doing fine. If you are succeeding all the time, you should ask yourself if you are taking enough risks. If you do not take enough risks, you may also be losing out on many opportunities. Think through but take the plunge. If some things do go wrong, learn from them. I came across this interesting story some time ago: | ||
Story | ||
| “One day a farmer's donkey fell down into a well. The animal cried piteously for hours as the farmer tried to figure out what to do. Finally he decided the animal was old and the well needed to be covered up anyway it just wasn't worth it to retrieve the donkey. He invited all his neighbors to come over and help him. They all grabbed a shovel and begin to shovel dirt into the well. At first, the donkey realized what was happening and cried horribly. Then, to everyone's amazement he quieted down. A few shovel loads later, the farmer finally looked down the well and was astonished at what he saw. With every shovel of dirt that fell on his back, the donkey was doing some thing amazing. He would shake it off and take a step up. As the farmer's neighbors continued to shovel dirt on top of the animal, he would shake it off and take a step up. Pretty soon, everyone was amazed as the donkey stepped up over the edge of the well and totted off ! Life is going to shovel dirt on you, all kinds of dirt. The trick is too not to get bogged down by it. We can get out of the deepest wells by not stopping. And by never giving up! Shake it off and take a step up !” | ||
LESSON 10 | ||
| “Never change: your core values."“Never change: your core values." In spite of all the change around you, decide upon what you will never change: your core values. Take your time to decide what they are but once you do, do not compromise on them for any reason. Integrity is one such value. | ||
LESSON 11 | ||
| “We must remember that succeeding in a changing world is beyond just surviving.”changing world is beyond just surviving.” It is our responsibility to create and contribute something to the world that has given us so much. We must remember that many have contributed to our success, including our parents and others from our society. All of us have a responsibility to utilize our potential for making our nation a better place for others, who may not be as well endowed as us, or as fortunate in having the opportunities that we have got. Let us do our bit, because doing one good deed can have multiple benefits not only for us but also for many others. Let me end my talk with a small story I came across some time back, which illustrates this very well. | ||
Story | ||
| “This is a story of a poor Scottish farmer whose name was Fleming. One day, while trying to make a living for his family, he heard a cry for help coming from a nearby dog. He dropped his tools and ran to the dog. There, mired to his waist in black muck, was a terrified boy, screaming and struggling to free himself. Farmer Fleming saved the boy from what could have been a slow and terrifying death. The next day, a fancy carriage pulled up to the Scotsman's sparse surroundings. An elegantly dressed nobleman stepped out and introduced himself as the father of the boy Farmer Fleming had saved. "I want to repay you“ said the nobleman. " Yes," the farmer replied proudly. "I'll make you a deal. Let me take your son and give him a good education. If he's anything like his father, he'll grow to a man you can be proud of you." And that he did. In time, Farmer Fleming's son graduated from St.Mary's Hospital Medical School in London, and went on to become known through-out the world as the noted Sir Alexander Fleming, the discoverer of Penicillin. Years afterward, the Nobleman's son was stricken with pneumonia. What saved him? Penicillin. This is not the end. The nobleman's son also made a great contribution to society. For the nobleman was non other than Lord Randolph Churchill. and his son's name was Winston Churchill. Let us use all our talent, competence and energy for creating peace and happiness for the nation.” “Change is the Only thing that“Change is the Only thing that will Never change. So betterwill Never change. So better adapt to it."adapt to it." “Change is Universal… Change is Permanent…. Be ever willing to Change….. For, change alone leads you to success and happiness!!!” “If one desires a change, one must be that change before that change can take place” | ||
BEST PRACTICES
In lay men’s language a Best Practice is the improvement in efficiency of management systems for the delivery of basic services. These are the examples of actions which could serve as useful models from which others could learn and adopt to their own situations. A common man treats a practice best which provides utmost comfort in his day to day life.
The UN defines that Best Practices are outstanding contributions for improving the living environment. They are defined and considered by the International Committee at large as successful initiatives which
- Have a demonstrable and tangible impact on improving people’s quality of life;
- Are the result of effective partnerships between the public, private and civic sectors of society;
- Are socially, culturally, economically and environmentally sustainable.
Best Practices are promoted and used by the United Nations and the international community as a means of
- Improving public policy based on what works;
- Raising awareness of decision-makers at all levels and of the public of potential solutions to common social, economic and environmental problems.
- Sharing and transferring knowledge, expertise and experience through networking and peer-to-peer learning.
Expiry Date of LPG Cylinders
The procedure for checking the expiry of LPG cylinders is as stated below:
(a) On one of three side stems of the cylinder, the expiry date is coded alpha numerically as follows A or B or C or D and some two digit number following this e.g. D06.
The alphabets stand for quarters -
(i) A for March (First Qtr)
(ii) B for June (Second Qtr)
(iii) C for Sept (Third Qtr)
(iv) D for December (Fourth Qtr
(b) The digits stand for the year till it is valid. Hence D06 would mean December qtr of 2006 and D12 means that the cylinder can be used until Dec 2012.
(a) On one of three side stems of the cylinder, the expiry date is coded alpha numerically as follows A or B or C or D and some two digit number following this e.g. D06.
The alphabets stand for quarters -
(i) A for March (First Qtr)
(ii) B for June (Second Qtr)
(iii) C for Sept (Third Qtr)
(iv) D for December (Fourth Qtr
(b) The digits stand for the year till it is valid. Hence D06 would mean December qtr of 2006 and D12 means that the cylinder can be used until Dec 2012.
Wednesday, January 21, 2009
CSIR Purchase Rules of Goods & Services-2008 & CSIR & Purchase Manual of Best Practices-2008
The Governing Body CSIR in its 172nd meeting held on 07-11-2008 have approved “CSIR Purchase Rules of Goods & Services-2008” and “CSIR Purchase Manual of Best Practices-2008”.The operation of these rules and manual will come into force w.e.f. 1st April, 2009 and shall supersede CSIR Purchase Procedure-2000 (as amended) from the said date.
The term 'Goods & Services' used in this rule includes all articles, material, commodities, livestock, general furniture/ laboratory furniture, fixtures, raw material, spares, instruments, machinery, equipment, industrial plant, chemicals, solvents, gases, glassware, stationery, liveries, and any other item meant for Research & Development both standard and non standard.
It also Includes Annual Maintenance Contracts of goods and equipment purchased or otherwise acquired for the use of CSIR Labs. and Institutes, custom clearance & cargo handling & consolidation services, exporting of goods for warranty replacements/repairs/upgradation ,Specific Scientific & Technical Services viz, Professional consultant services, Computer & Network management, Software & web design Development services, Special Storage, Communication facilities but excludes publications, periodicals for library &or outsourcing activities relating to Infrastructure, house keeping security, cleaning, horticulture, works related to engineering services, Desk top printing (DTP), scanning, outputting, printing, binding, data entry work, packing and dispatching work, empanelment of media agency including graphic designer, cartoonist, etc. for which systems are already in operation.
The term 'Goods & Services' used in this rule includes all articles, material, commodities, livestock, general furniture/ laboratory furniture, fixtures, raw material, spares, instruments, machinery, equipment, industrial plant, chemicals, solvents, gases, glassware, stationery, liveries, and any other item meant for Research & Development both standard and non standard.
It also Includes Annual Maintenance Contracts of goods and equipment purchased or otherwise acquired for the use of CSIR Labs. and Institutes, custom clearance & cargo handling & consolidation services, exporting of goods for warranty replacements/repairs/upgradation ,Specific Scientific & Technical Services viz, Professional consultant services, Computer & Network management, Software & web design Development services, Special Storage, Communication facilities but excludes publications, periodicals for library &or outsourcing activities relating to Infrastructure, house keeping security, cleaning, horticulture, works related to engineering services, Desk top printing (DTP), scanning, outputting, printing, binding, data entry work, packing and dispatching work, empanelment of media agency including graphic designer, cartoonist, etc. for which systems are already in operation.
Sexual Harassment at the Workplace:
Sexual Harassment at the Workplace: Implement the Guidelines
By A. Pandey, Womens Feature Service
In 1997, the Supreme Court (SC) took upon itself the task of framing the Vishaka Guidelines. The idea was to evolve an alternative mechanism to fulfill the urgent social need to protect working women from sexual harassment. These guidelines were declared as the law of the land and were binding and enforceable until suitable legislation was enacted. But although over a decade has passed since then, the legislation is yet to be put in place.
Statistics show that one woman is molested every 26 minutes and this refers to the reported cases only. If the unreported cases were to be included, it would be a matter of seconds rather than minutes. Most cases are not reported by victims because of reasons ranging from family and police pressures to the unreasonably long process of gaining justice.
The population of working women in India has grown multifold over the last decade. According to statistics, 60 per cent of women acknowledge that sexual harassment at the work place is rampant and has been accepted as a professional hazard by most women. Yet, the awareness and implementation of the Vishaka Guidelines remains poor. This was also recognised by the SC in a Public Interest Litigation (PIL) filed in the case of Medha Kotwal (2006). The apex court went on to make State Governments, through the Labour Commissioners and Women and Child Departments, responsible for ensuring that all workplaces with 50 per cent and more women on their staff, set up a Complaints Committee (CC).
In reality, however, either the CCs don't exist as an ex-ante mechanism or are set up in an ad-hoc manner. The increasing number of complaints filed in the courts, in the National Commission for Women (NCW) and the State Women's Commissions (SWC), are a testimony to the lack of the proper implementation of the Vishaka Guidelines by the employer and the general ineffectiveness of the CCs.
A RTI application filed with the Labour Commissioner in Maharashtra in 2007 revealed that no concrete measures had been taken by it despite the SC order in the Medha Kotwal case. Another application filed under the Right to Information (RTI) with the Maharashtra State Women Commission revealed that 60 complaints of sexual harassment at the workplace were filed in four months between January 1, 2008 and April 30, 2008.
Most developed nations have recognised sexual harassment at the workplace as a serious abuse, resulting from the exertion of power on the victim by the perpetrator. Therefore sexual harassment, in addition to being a violation of the right to safe working conditions, is also a violation of a person's right to bodily integrity.
As the Protection of Women against Sexual Harassment at Workplace Bill, 2007, is being deliberated and discussed, what is it that women have in terms of relief when employers fail to implement Vishaka Guidelines? This is a difficult question to answer. Yet, in the midst of all the chaos and confusion, the Courts have helped women secure justice, their rights and their dignity.
Take a few landmark judgements that have emerged recently: The Apparel Export Promotion Council v/s A.K. Chopra: AIR 1999 SC 625. This case is the first one where the SC applied the law as laid down under the Vishaka Guidelines. In this case, the SC recognised an important fact. It ruled that 'an attempt to molest' is equally an infringement of a woman's right to dignity at the workplace as a 'successful attempt of molestation'. The SC also recognised that in such cases, evidence and witnesses may not always be forthcoming. Hence, reliance has to be placed on the circumstantial evidence and whether it, in overall terms, inspires the confidence of the judges.
Then there is the Civil Writ Petition No. 8826 of 2004, which came up in the Bombay High Court in a case involving Tata Mettaliks Limited. Here, a lady supervisor was subject to sexual harassment at the hands of the Deputy GM at the plant. The lady sought an inquiry and the Management, with the help of an advocate, conducted an inquiry. The perpetrator was exonerated on the basis of this and the services of the woman concerned was terminated. She challenged her termination in a complaint under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, which decided in her favour and declared that the employer was guilty of unfair labour practices and granted reinstatement with consequential benefits. However, the Management failed to comply with the order of reinstatement by the order of the Labour Court. The matter was filed in the Bombay High Court which observed that Vishaka Guidelines are a law under Article 141
of the Constitution and that the powers to deal with the complaint of sexual harassment of an employee and inquiry vests with the CC and it cannot be decided by the Management.
The Delhi High Court order in a judgement involving S.K. Mallick, Director of National Academy of Audit and Account (NAAA), is another case in point: Mallick filed a petition before the Delhi High Court after the Central Administrative Tribunal (CAT) refused to stay the departmental proceedings of allegations of sexual harassment against him by a senior woman colleague. Mallick had allegedly entered the room of the woman officer at Shimla in an inebriated condition and misbehaved with her. The woman filed an FIR the next day and also intimated senior officials of Mallick's conduct. This led to a departmental inquiry. Mallick was suspended on the basis of a criminal case pending against him. He then approached the CAT seeking to stay the departmental inquiry. When the CAT refused to stay the departmental proceedings, Mallick approached the Delhi High Court.
The Delhi High Court while dismissing the petition made the following observations in respect of certain key definitions: (I) "Workplace" - The HC noted that in the case of the private sector, it is common for senior officials to run their businesses from their residences with the advancements in information technology. Accordingly, a person can interact or do business with other persons, while located in some other country by means of video conferencing, even while an officer or teacher may work from the accommodation allotted to her or him. Therefore, if an officer indulges in an act of sexual harassment with the employee, it would not be open for him to claim that the act had not been committed at the workplace but at his residence and get away with that argument. (II) "Any woman" - This expression is broad enough to include women of all ages, including women who may be senior in years and status. The HC said this in response to a plea by the accused
that that he could not be accused of sexually harassing a senior officer towards whom he was not in position to extend any sort of favour.
The above judgements set important precedents by extending the meaning of workplace, by defining who the affected women are, by delineating the nature of sexual harassment and the role of internal CCs. As the Draft Bill on Protection of Women against Sexual Harassment comes under national scrutiny, these judgements could help provide some much required clarity.
Courtesy :newsblaze.com
Tuesday, January 20, 2009
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