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Saturday, January 17, 2009

RBI's Note Refund Rules

RBI (Note Refund) Rules, 1975 (as amended up to 1980).

The important operative provisions in the RBI Act 1934 and the RBI (Note Refund) Rules are as under:

Provisions in the Reserve Bank of India Act, 1934:

Section 28: Notwithstanding anything contained in any enactment or rule of law to the contrary, no person shall of right be entitled to recover from the Central Government or the Bank, the value of any lost, stolen, mutilated or imperfect currency note, provided that the Bank may, with the previous sanction of the Central Government, prescribe the circumstances in and the conditions and limitations subject to which the value of such currency notes or bank notes may be refunded as of grace and the rules made under this proviso shall be laid on the table of Parliament.

Section 58:

(1): The Central Board may, with the previous sanction of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act to provide for all matters for which provision is necessary or convenient for the purpose of giving effect to the provisions of this Act.

(2): In particular and without prejudice to the generality of the foregoing provisions, such regulations may provide for all or any of the following matters, viz.-

(a) ……….

(b) ……….

(c) ……….

……………..

(q) the circumstances in which, and the conditions and limitations subject to which the value of any lost, stolen, mutilated or imperfect currency note of the Government of India or bank note may be refunded.

Provisions in the RBI (Note Refund) Rules:

In exercise of the powers conferred by the proviso to Section 28 of the Reserve Bank of India Act, 1934 (2 of 1934), read with clause (q) of the sub-section (2) and sub-section (1) of Section 58 of the said Act, the Central Board of Directors of the Reserve Bank of India, with the previous sanction of the Central Government hereby makes the following rules prescribing the circumstances in and the conditions and limitations subject to which, the value of lost, imperfect or mutilated notes may be refunded as a matter of grace.

Given below are the important provisions of the RBI (Note Refund) Rules, for the benefit of the members of the public.

Rule 2: Definitions:

In these rules,

(a) ‘Bank’ means the Reserve Bank of India constituted by the Reserve Bank of India Act, 1934.

(b) ‘Bank note’ means any note issued by the Bank, but does not include a Government note.

(ba) ‘Essential features’ means the features which are necessary for the identification of a note, namely:-

(i) the name of the issuing authority in Hindi or English, that is, Reserve Bank of India or Government of India, as the case may be;

(ii) the guarantee clause in Hindi or in English;

(iii) the promise clause in Hindi or in English;

(iv) the signature in Hindi or in English;

(v) the Ashoka Pillar emblem or the Mahatma Gandhi portrait, as the case may be;

(vi) the water mark of the Ashoka Pillar emblem or the Mahatma Gandhi portrait, as the case may be.

Explanation: The essential features of a note have been enumerated with a view to making the application of Rule 9 easier. The definition should be read with Rules 9(1)(a) and 9(2)(a). If any one of the Hindi or the English versions of an essential features is slightly damaged, but the other version is intact, the essential feature in question shall be deemed to be available on the note. In the case of the water-mark, minor damage should be ignored and in applying the Rules, if a major portion of the water-mark is identifiable, the water-mark may be treated as being available.

(d) ‘Half note’ means either portion of a note, which has been divided through or near the centre into two pieces, either vertically, that is to say, along a line parallel or nearly parallel to the width of the note or horizontally, that is to say, along a line parallel or nearly parallel to the length of note, provided that such portion is itself in one piece.

Explanation: In case of doubt where the mutilation caused to the note is irregular, area of a mutilated piece (note) should be measured by using a transparent plastic sheet on which square centimetres are etched. The plastic sheet should be placed on the note and number of squares counted to obtain the area of the piece. For the purpose of arriving at the total area, half the number of incomplete squares should be added to the number of complete squares. The dimensions of the current design notes are the following:

Denomination

Length (cm)

Width (cm)

No. of squares (cm2)

1

9.7

6.3

61

2

10.7

6.3

67

5

11.7

6.3

74

10

13.7

6.3

86

20

14.7

6.3

93

50

14.7

7.3

107

100

15.7

7.3

115

500

16.7

7.3

122

1000

17.7

7.3

129

(e) ‘Half the area’ means an area, which represents fifty percent of the total area of a note, including non-printed potions thereof;

(f) ‘Imperfect note’ means any note, which is wholly, or partially obliterated, altered or undecipherable but does not include a mutilated note;

(fa) ‘Major portion of the number’ means the prefix and any three digits of the number or, where the prefix is not identifiable, any four digits of the number;

Explanation:

(i) This definition should be read with Rules 9(1) (c), 9(2)(b), 9(2)(c) and 9(3);

(Complete number: 58V 569747)

Examples of major portion of the number:

58V 569xxx; 58V xxx747; 58V 5x9x4x; 58V xx974x; 58V 5xxx47; 58V 56xxx7; xxV 5697xx; 5xx xx9747; xxx 5x974x; xxx x697x7.

It should be noted that the entire prefix is treated as one unit.

(ii) Sometimes, a portion of a digit or letter of the alphabet may be missing. In such cases, if the visible portion can be identified with definiteness as belonging to a particular digit or letter to the exclusion of other digits/letters, the digit or letter may be treated as available.

Example: (5), (7), (3)

(g) ‘Mutilated note’ means a note of which a portion is missing or which is composed of pieces;

Explanation: Note in two pieces having number(s) intact is now classified as a soiled note.

(i) ‘Number’ means the complete serial number of the note, namely the letters and numerals of the prefix and digits following the prefix;

(j) ‘Prescribed Officer’ means the officer in charge of the Issue Department at any Office or branch of the Bank or any other person designated by the Bank in this behalf.

Explanation:

The prescribed officer is the officer who has been authorised to pass or reject the mutilated notes under the Note Refund Rules.

Rule 3: Presentation and disposal of claims

1) A claim in respect of any note may be presented to the Issue Department of any office or of any branch of the Bank.

Note: Reserve Bank of India has also authorised public sector bank branches and designated branches of other banks having currency chests (list available on websites of Regional Offices of the Bank) to accept and exchange mutilated notes under these Rules.

Rule 4: Right to call for information or to hold enquiries

The prescribed officers either at the designated commercial bank branches or the Reserve Bank of India dealing with a claim may, if it is considered necessary so to do, call for any information or hold any inquiry relating to any claim presented under these rules.

Rule 5: General provisions in relation to all claims

(1) A claim in respect of a note, which is alleged to have been stolen, shall not be entertained.

Note: If a prescribed officer is satisfied that a mutilated note presented to him is one which appears to have been cancelled at any office of the RBI or claim on which appears to have already been paid under these Rules, he may reject the claim on such note after making enquiries under Rule 4 above.

(2) A claim in respect of a note -

i) which cannot be identified with certainty by the prescribed officer as a genuine note for which the Bank is liable under the Reserve Bank of India Act; or

ii) which in the opinion of the prescribed officer has been made imperfect or has been mutilated, with a view to making it appear to be of a higher denomination, or has been deliberately cut, torn, defaced, altered or dealt with in any other manner, not necessarily by the claimants, with a view to establishing a false claim under these rules or otherwise to defraud the Bank or the public, or

Explanation: This rule is used in cases where a deliberate intention appears, but the note/s cannot be rejected under any other rule of these Rules. Hand-printed portions joined with parts of genuine notes are rejected under Rule 5(2)(ii).

ii) which carries any extrinsic words or visible representations intended to convey or capable of conveying any message of a political character, or

iii) which has been imported into India by the claimant from any place outside India, Bhutan and Nepal in contravention of the provision of any law, or

iv) in respect of which the value is payable not by the Bank but by some other authority, or

v) in relation to which any information, which is called for by the prescribed officer or the Bank as the case may be, is not furnished by a claimant within a period of three months from the date of receipt of the notice or letter asking for the information, shall be rejected.

Rule 7: Imperfect notes

The value of an imperfect note of a denomination of one thousand rupees or less may be paid, if

a) the matter, which is printed on the note, including the number or numbers, has not become totally undecipherable, and

b) the prescribed officer is satisfied, having regard to the printed matter which is decipherable on the note, that it is a genuine note.

Explanation: This rule refers to notes which are entire (i.e. not mutilated) but are wholly or partially obliterated. The guiding principle is that the notes should be established as being genuine Indian currency notes. In some cases, numbers of the notes may not be traceable. Payablity of such notes is decided on the basis of other printed matter available on the note including the watermark which is generally available even on washed notes.

Rules 9: Mutilated bank notes:

(1) The value of a mutilated bank note of a denomination of one thousand rupees or less, on which the number is printed at one place only may be paid, if-

a) the note presented is in not more than two pieces and of which no essential feature is missing and the complete number can also be identified in an undivided area on one of the pieces; or

b) the piece, or one of the pieces presented, has an undivided area which is not less than half the area of the note and the complete number can also be identified in an undivided area on such piece; or

c) the note presented is in pieces none of which may even comprise half the area of the note, but all the pieces presented can be identified as belonging to the same note and all the pieces taken together have an area which is not less than half the area of the note and a major portion of the number can also be identified in an undivided area on one of the pieces.

Explanation: Rule 9 (1) applies to the single numbered notes i.e. notes of Re.1, Rs.2 and Rs.5 denominations. The conditions to be satisfied for payment of notes under this Rule are as under:

S. No.

9(1)(a)

9(1)(b)

9(1)(c)

1.

Note is in one or two pieces.

Note is in one piece or in more than one piece.

Note is in pieces.

2.

All essential features are present (even if partially).

Complete undivided number is available on one piece.

Major portion of the number is available in an undivided area on one of the pieces.

3.

Complete undivided number is available on one piece.

The piece on which full number is available is not less than half the area of the note.

All the pieces belong to the same note.

The sub-rules are applied to a mutilated note one after another to see whether the claim on it is payable under any of them i.e. if a particular note is not payable, say, under sub-rule 9(a), the possibility of its being payable under sub-rule (b) is examined, and if it is not payable even under sub-rule (b), the possibility of its being payable under sub-rule (c) is examined.

(i) If only one piece is presented and it is of an area less than half the area of a note, claim is rejected (cf. Rule 9(1) (b)).

(ii) If a note is in pieces and major portion of the number is not identifiable in an undivided area on one of the pieces, claim is rejected {cf. Rule 9(1) (c)).

(iii) If a note is in pieces none of which is more than half the area of the note and the pieces presented cannot be identified as belonging to the same note, claim is rejected {cf. Rule 9(1) (c)).

(iv) If a note is in pieces and the pieces can be identified as belonging to the same note, but the pieces presented together form an area less than half the area of the note, claim is rejected cf. {Rule 9(1)(c)).

2) The value of a mutilated bank note of a denomination of one thousand

rupees or less, on which the number is printed at two places may be paid, if

(a) the note presented is in not more than two pieces and of which no essential feature is missing and both the pieces can be identified as belonging to the same note and the complete number can be identified in an undivided area at each of the two pieces at which it is printed; or

b) the piece, or one of the pieces presented, has an undivided area which is not less than three-fourths the area of the note and a major portion of the number can be identified on such piece in an undivided area at each of the two places at which it is printed; or

c) the note presented is in pieces none of which may even comprise half the area of the note but all the pieces presented can be identified as belonging to the same note and all the pieces taken together have an area which is not less than half the area of the note and a major portion of the number can also be identified in an undivided area at each of the two places at which it is printed.

Explanation: Rule 9 (2) applies to the double numbered notes i.e. notes in the denominations of Rs. 10 and above. The conditions to be satisfied for payment of notes under this Rule are as under:

S. No.

9(2)(a)

9(2)(b)

9(2)(c)

1.

Note is in one or two pieces.

Note is in one piece or in more than one piece.

Note is in pieces.

2.

All essential features are present (even if partially).

Major portion of the number is available at the both the places on one undivided piece.

All the pieces belong to the same note.

3.

Complete undivided number is available at both places on the same piece or on the two pieces.

This piece is not less than three-fourth the area of the note.

Major portion of the number is available in an undivided area at both the places (even if in two separate pieces).

4.

Both the pieces belong to the same note.

-

All the pieces taken together form not less than half the area of the note.

The sub-rules are applied to the note one after another to see whether the claim on the note is payable for full value under any of them i.e. if a particular note is not payable, say under sub-rule (a), the possibility of it being payable under sub-rule (b) is examined, and if it is not payable even under sub-rule (b), the possibility of it being payable under sub-rule (c) is examined. If a note is not found payable for full value under any of these sub-rules, only then it is examined to see whether it is payable for half value under Rule 9 (3).

(i) If on a note, the number at both places is available on one piece measuring not less than three-fourth the area of the note, but the number is not the major portion of the number at both places; the claim is rejected (cf. Rule 9(2) (b)). If on the other hand, the number is the major portion at one of the two places, half value is paid under Rule 9(3).

(ii) If a note is in pieces and together the pieces form an area more than half the area of the note, but the pieces cannot be identified as belonging to the same note, claim is rejected (Rule 9(2)(c)).

(iii) If a note is in pieces and the pieces can be identified as belonging to the same note, but the pieces presented together form an area less than half the area of a note, claim is rejected (Rule 9(2)(c)).

3) Half the face value of a mutilated bank note of a denomination of one thousand rupees or less on which the number is printed at two places may be paid, if, the piece, or one of the pieces presented, has an undivided area which is not less than half the area of the note and a major portion of the number can also be identified on such piece atleast at one of the places at which it is printed.

Explanation: This rule applies to double-numbered notes i.e. notes in the denominations of Rs. 10 and above. The conditions to be satisfied for payment of half value on such notes are as under:

i) The piece or one of the pieces presented has an undivided area, not less than half the area of the note and

ii) Major portion of the number (i.e. one of the two numbers) is available on such piece.

If one of the pieces qualifies for payment of half value, the other piece or pieces even if not belonging to the same note, are ignored.


A note is considered for payment of half value only when full value is not found payable on it under Rule 9(2).

4) A claim for the full value of a mutilated bank note of a denomination of one thousand rupees or less on which the number is printed at two places shall, if the note as presented has been formed by joining a half note of another note, be dealt with under sub-rule (3) as if there were separate claims in respect of each of the two half notes.

Explanation: This rule is a corollary to Rule 9 (3) and is also applicable only to double-numbered notes. Each of the two, either vertically or horizontally divided half notes is treated as independent notes and claim dealt with under Rule 9(3).

(i) The number is the sole feature that is used for distinguishing one note from another. Hence the emphasis is on the number or its major portion.

(ii) If the major portion of the number of a double-numbered note is available at both places on one undivided area measuring at least ¾th the area of the note, the claim is paid ignoring the remaining portion of the note, whether presented or not (Rule 9(2)(b)).

Rule 20: Claimants to be bound by rules

1) For the removal of doubts, it is hereby declared that any payment which is provided for under these rules shall be made only as of grace and that the Bank may from time to time issue for the guidance of the prescribed officers such supplementary or detailed instructions for carrying out the provisions of these rules as it may deem fit.

2) Any person who makes any claim on account of an imperfect or mutilated note shall be deemed to have made the said claim under the proviso to Section 28 of the Reserve Bank of India Act and subject to the provisions of these rules, which shall be deemed to be binding on all claimants and their heirs or assigns.

Rule 21: Decision of the prescribed officer or the Bank

If any question arises whether a note or any portion presented is an imperfect or mutilated note or is divided vertically or horizontally through or near the centre or has clearly more than half the area of a whole note or is a half note or whether all the pieces of a note or a portion thereof as presented belong or belongs to the same note, or whether a note is payable under any of the provisions of these rules, the prescribed officer or the Bank shall be entitled to determine the question, having regard to the provisions in the foregoing rules and the condition of the note, and a note shall not be payable unless the conditions specified in these rules have been clearly satisfied in the opinion of the prescribed officer or the Bank.

The decision of the prescribed officer or the Bank in regard to any claim under these rules shall be final and no appeal from the said decision shall lie to any other officer or authority.

Rule 22: Retention and destruction of notes

(2) Any note presented in connection with a claim under these rules shall, whatever be the denomination of the note or the prescribed officer’s decision on the claim, be retained by the Bank and destroyed or otherwise disposed of -

a) in the case of a note in respect of which any payment is made, at any time after the payment, and

b) in the case of a note in respect of which no payment is made, on the expiry of a period of three months from the date of the decision rejecting the claim.

For further details or any clarifications, please contact helpdcm@rbi.org.in or The Chief General Manager, Department of Currency Management, Reserve Bank of India, Central Office, 21st Floor, Post Box No. 1379, Shahid Bhagat Singh Marg, Mumbai – 400 001.

Saturday, January 10, 2009

CIC said that if certain bench mark is decided for promotion, then there is no reason why that bench mark should not be known

New Delhi: In a move that may improve career prospects of millions of government sector employees, Central Information Commission (CIC) has ordered that the promotion process be made more transparent by sharing the benchmark for promotions with the officers considered for the same.
Information Commissioner Satyananda Mishra, while hearing the petition of a Department of Atomic Energy (DAE) employee, said: “If certain bench mark is decided for promotion, then there is no reason why that bench mark should not be known, at least to those who are being considered for such promotion.”
The employee had sought the information on the criteria, norms and bench marks for departmental promotion from the post of Assistant Security Officer to Security Officer.
In its response, the DAE said that marks obtained by a candidate in written test, interview and his performance appraisal report are added for promotion, but refused to divulge the bench mark score calling it as being held in ‘fiduciary relationship’.
Refusing to accept that the DPC recommendations were held in fiduciary relationship, the Commission directed the department to provide the score adopted by the committee for promotion by 15 January.
“We cannot agree with this argument. The DPC has to follow the rules and regulations governing promotion from one rank to other in government and its proceedings have to be on transparent and objective criteria,” the CIC said.
In his order, Mishra clarified that the recommendations made by DPC were made while discharging their duties and thus part of official record.
“Such recommendations cannot be described as information held in fiduciary relationship,” he said adding that these information cannot be exempted from disclosure under RTI Act.
Original order Here

CSIR’s institute to get autonomous university status

Express News Service

Posted: Jan 10, 2009 at 0441 hrs IST
Pune The Council for Scientific and Industrial Research (CSIR)’s upcoming Advanced Institute of Science and Technology (AIST) got clearance by the Central Government on Thursday to be an autonomous university offering interdisciplinary undergraduate and postgraduate courses ‘that were never offered in India’, as Samir Brahmachari, Director General of CSIR said on Friday.

The university will offer global participative innovative courses — like abrasion engineering, fabrionics — that have never been offered in India, he said during the diamond jubilee celebrations of National Chemical Laboratory.

“The power of the board of members of this university will be all inclusive and they will not have to approach the government for every clearance. We will also ensure that more younger people will get to be the decision makers at the university,” Brahmachari said. The university will be spread across CSIR’s 30 laboratories in the country.

In another announcement, Brahmachari said that a CSIR innovations complex is underway at the NCL campus which will bring all the science innovations together to create knowledgable wealth and affordable health care — the two major challenges faced by CSIR. Similar centres are planned at Chennai and Delhi, he said.

Some of the other challenges faced by CSIR are catalysing industrial growth, nurturing human resource in science and technology, creating technology for the masses and pioneering India’s intellectual property movement.

Brahmachari gave away various awards to NCL scientists on this occasion. The function was attended by Dr Raghunath Mashelkar, NCL director S Sivaram among others.

Friday, January 9, 2009

Salient features of New Pension Scheme





Seagate packs a terabyte on two disks 500GB per disk

India Ranks 41st in the Global Innovation Index

India falls 18 places in global innovation index. In last year's Index India was ranked 23rd out of 107 countries. In the current edition, which is the second edition of the Global Innovation Index (GII) India has been ranked 41 among 130 countries. The United States has been ranked first, Germany second and Sweden third in this year's index.

This report puts China at 37, eight places down from last year but four places ahead of India. Also last year, global research and advisory firm Economist Intelligence Unit ranked India 58 on its list of innovative countries, one rank above China. Indian policymakers and scientists frequently compare their research and innovation output with China's, which in the past two decades has overtaken India on several indices that measure scientific prowess of countries.

Tuesday, January 6, 2009

Tips on Energy Savings

Tips for Energy Conservation for Industries (pdf format)

Lighting System

01.One of the best energy-saving devices is the light switch. Turn off lights when not required.

02.Many automatic devices can help in saving energy used in lighting. Consider employing infrared sensors, motion sensors, automatic timers, dimmers and solar cells wherever applicable, to switch on/off lighting circuits.

03.As for as possible use task lighting, which focuses light where it's needed. A reading lamp, for example, lights only reading material rather than the whole room.

04.Dirty tube lights and bulbs reflect less light and can absorb 50 percent of the light; dust your tube lights and lamps regularly.

05.Fluorescent tube lights and CFLs convert electricity to visible light up to 5 times more efficiently than ordinary bulbs and thus save about 70% of electricity for the same lighting levels.

06.Ninety percent of the energy consumed by an ordinary bulb (incandescent lamp) is given off as heat rather than visible light.

08.Replace your electricity-guzzling ordinary bulbs (incandescent lamps) with more efficient types. Compact fluorescent lamps (CFLs) use up to 75 percent less electricity than incandescent lamps.

09.A 15-watt compact fluorescent bulb produces the same amount of light as a 60-watt incandescent bulb.

Room Air Conditioners

01.Use ceiling or table fan as first line of defence against summer heat. Ceiling fans, for instance, cost about 30 paise an hour to operate - much less than air conditioners (Rs.10.00 per hour).

02.You can reduce air-conditioning energy use by as much as 40 percent by shading your home's windows and walls. Plant trees and shrubs to keep the day's hottest sun off your house.

03.One will use 3 to 5 percent less energy for each degree air conditioner is set above22°C (71.5°F), so set the thermostat of room air conditioner at 25°C (77°F) to provide the most comfort at the least cost.

04.Using ceiling or room fans allows you to set the thermostat higher because the air movement will cool the room.

05.A good air conditioner will cool and dehumidify a room in about 30 minutes, so use a timer and leave the unit off for some time.

06.Keep doors to air-conditioned rooms closed as often as possible.

07.Clean the air-conditioner filter every month. A dirty air filter reduces airflow and may damage the unit. Clean filters enable the unit to cool down quickly and use less energy.

08.If room air conditioner is older and needs repair, it's likely to be very inefficient. It may work out cheaper on life cycle costing to buy a new energy-efficient air conditioner.

Refrigerators

01.Make sure that refrigerator is kept away from all sources of heat, including direct sunlight, radiators and appliances such as the oven, and cooking range.
When it's dark, place a lit flashlight inside the refrigerator and close the door. If light around the door is seen, the seals need to be replaced.

02.Refrigerator motors and compressors generate heat, so allow enough space for continuous airflow around refrigerator. If the heat can't escape, the refrigerator's cooling system will work harder and use more energy.

03.A full refrigerator is a fine thing, but be sure to allow adequate air circulation inside.

04.Think about what you need before opening refrigerator door. You'll reduce the amount of time the door remains open.

05.Allow hot and warm foods to cool and cover them well before putting them in refrigerator. Refrigerator will use less energy and condensation will reduced.

06.Make sure that refrigerator's rubber door seals are clean and tight. They should hold a slip of paper snugly. If paper slips out easily, replace the door seals.

07.When dust builds up on refrigerator's condenser coils, the motor works harder and uses more electricity. Clean the coils regularly to make sure that air can circulate freely.

08.For manual defrost refrigerator, accumulation of ice reduces the cooling power by acting as unwanted insulation. Defrost freezer compartment regularly for a manual defrost refrigerator.

Water Heater

01.To help reduce heat loss, always insulate hot water pipes, especially where they run through unheated areas. Never insulate plastic pipes.

02.By reducing the temperature setting of water heater from 60 degrees to 50 degrees C, one could save over 18 percent of the energy used at the higher setting.

Microwave Ovens &Electric Kettles

01.Microwaves save energy by reducing cooking times. In fact, one can save up to 50 percent on your cooking energy costs by using a microwave oven instead of a regular oven, especially for small quantities of food.

02.Remember, microwaves cook food from the outside edge toward the centre of the dish, so if you're cooking more than one item, place larger and thicker items on the outside.

03.Use an electric kettle to heat water. It's more energy efficient than using an electric cook top element.

04.When buying a new electric kettle, choose one that has an automatic shut-off button and a heat-resistant handle.

05.It takes more energy to heat a dirty kettle. Regularly clean your electric kettle by combining boiling water and vinegar to remove mineral deposits.

06.Don't overfill the kettle for just one drink. Heat only the amount of water you need.

Computers

01.Turn off your home office equipment when not in use. A computer that runs 24 hours a day, for instance, uses - more power than an energy-efficient refrigerator.

02.If your computer must be left on, turn off the monitor; this device alone uses more than half the system's energy.

03.Setting computers, monitors, and copiers to use sleep-mode when not in use helps cut energy costs by approximately 40%.

04.Battery chargers, such as those for laptops, cell phones and digital cameras, draw power whenever they are plugged in and are very inefficient. Pull the plug and save.

05Screen savers save computer screens, not energy. Start-ups and shutdowns do not use any extra energy, nor are they hard on your computer components. In fact, shutting computers down when you are finished using them actually reduces system wear - and saves energy

© 2004 BEE-India, New Delhi. All rights reserved

Monday, January 5, 2009

Ministry clarifies to RTI applicant on MPs’ pay hike

The Ministry of Parliamentary Affairs (MoPA) classifies the country’s lawmakers as “urban non-manual employees” whose pay is linked to the Consumer Price Index. The germ of the idea, the ministry says, came from an “expert from IIM Ahmedabad” invited to help with a study conducted by a joint committee set up to decide on salaries and allowances of Members of Parliament (MPs) in 2000.

The ministry was replying to a Right to Information (RTI) query from C P Rai, a senior citizen and a resident of Laxmi Nagar here, quoting the Lok Sabha Secretariat on why parliamentarians get their salaries and allowances revised in a “day’s time without any homework” done while Government servants have to wait for the recommendations of the Pay Commission.

The ministry’s written response to Rai, on record before the Central Information Commission in a hearing on January 2, attempts to methodically explain that parliamentarians do not get pay hikes and perks in the wink of an eye as he believed it to be.

“Increase in the salary, allowances etc of the Members of Parliament are made after due consideration and consultation with the ministries of Finance, Law and other departments concerned and not without proper consideration as stated by you,” clarifies the ministry.

It goes on to mention the role of the “expert from IIM, Ahmedabad” who suggested that the salary of an MP should be linked to the Consumer Price Index (a measure of the average price of consumer goods and services purchased by households) meant for Urban Non-Manual employees with the base year 1984-85.”

“As to why pay and allowances of Government servants are not increased similarly, it is stated that the roles, responsibilities, functions of the MPs and the appointment and service conditions of government servants are not comparable,” says the ministry.

Chief Information Commissioner Wajahat Habibullah described Rai’s questions under the RTI as reflective of his “indignation” on what “he (Rai) believes to be discrimination” in favour of MPs.

Full Decision here

Friday, January 2, 2009

FREQUENTLY ASKED QUESTIONS ON SIXTH PAY COMMISSION PENSION PAYMENTS FOR CIVIL PENSIONERS (AS PER CPAO)

Pre-2006 Pensioners and Family Pensioners

  1. What are the benefits due to me based on the Government of India’s decision on the recommendations of Sixth pay Commission on pension?

You should have received the enhanced pension w.e.f. 1 Jan 2006 and 40 % of the arrears accruing to you, as per the resolution of the Government of India notified in the Gazette of India on 29 August 2008 and OMs No. F. 38/37/08-P&PW dated 1 Sep 2008 (http://cpao.nic.in/pre-pensioners.pdf), 3 Oct 2008 (http://cpao.nic.in/F_no38_37_08partii.pdf) and 14 Oct 2008 (http://cpao.nic.in/NO.38-37-08-PPW141008.pdf).

  1. I am drawing my pension from a bank. What am I required to do for the bank to credit the revised basic pension and 40% of the arrears mentioned in the answer above into my pension account?

You are not required to initiate action at all. The Pension Disbursing Authorities (the Bank or PAO or Treasury from whom you receive pension) have been ordered by the Department of Pensions & Pensioners Welfare to initially compute your revised basic pension and to directly make the payment of the revised basic pension and 40% of arrears accruing from January 2006 by crediting your account by 30th Sep 2008.

  1. Can I get the detail of the revised basic pension due to me and the arrears paid to me?

The Bank branch from where you draw your pension should provide you with a pension slip and make entries in your half of the PPO on your request. They are also required to provide you with a Due and Drawn Statement to show the detailed calculations of the pension drawn by you since Jan 2006 and the amount due to you as per the orders of GOI http://pensionersportal.gov.in/. The amount of difference between the amount due to you and amount drawn should be indicated in this statement and will be the arrears paid to you.

  1. What is the revised basic pension due to me w.e.f. 1 Jan 2006?

To arrive at your revised basic pension please follow these steps:

    1. Pension based on normal fixation

    As per para 4.1 of the DP&PW OM dated 1 Sep 2008, your revised basic pension w.e.f. 1 Jan 2006 will be arrived at by adding the following:
    i. Basic Pension
    ii. Dearness Pension (50% of basic pension)
    iii. 24% of the sum of Basic Pension and Dearness Pension
    iv. 40% fitment on Basic Pension
    .

    1. Revised Basic Pension based on Minimum of VI PC Pay band plus Grade pay

    As per para 4.2 of the DP&PW OM dated 1 Sep 2008 read with the DP&PW OM dated 3 and 14 October 2008, if your qualifying service was 33 years, your pension should not be less than 50% (30% in case of family pension) of the minimum of the pay band plus grade pay under the VI Pay Commission corresponding to the scale you retired from (concordance with IV and V Pay Commission scales given in the Annexure I of DP&PW OM dated 14 October 2008). In case your qualifying service was less than 33 years, your pension will be reduced pro-rata.

    1. Maximum of a. or b.

    Take the maximum of the two enhanced basic pensions calculated in sub-paras a. and b. above as your enhanced basic pension w.e.f. 1 Jan 2006.
    Illustration:
    Suppose at the time of your retirement on 31 Jan 2000 after a qualifying service of 30 years, your basic pension was Rs. 13000 as you had retired from the scale of Rs. 24050-650-26000.
    By applying a. (normal fixation method) the revised basic pension w.e.f. 1 Jan 2006 is Rs. 29380 by adding the following:
    i. Rs. 13000 (Basic Pension)
    ii. Rs. 6500 (Dearness Pension - 50% of basic pension)
    iii. Rs. 4680 (24% of Basic Pension + Dearness Pension i.e. 24% of Rs. 19500)
    iv. Rs. 5200 (40% fitment on Basic Pension).
    By applying b. (based on Minimum of VI PC Pay band plus Grade pay method) the revised basic pension is Rs. 37750 for full qualifying service (33 years) as the V Pay Commission scale Rs. 24050-650-26000 has been revised to Rs. 75500-80000 in the VI Pay Commission. However, the qualifying service being 30 years, your revised basic pension will be Rs.34318
    Therefore, your revised basic pension is Rs. 34318 being the maximum of Rs. 29380 and Rs. 34318.

    1. Additional Quantum of Pension based on Age for those aged 80 and above

    As per para 4.5, an additional quantum of pension is admissible to Pensioners/family pensioners above the age of 80 as per the table provided in the DP&PW OM dated 1 Sep 2008.

    Age of Pensioner/FamilyPensioner Additional Quantum of Pension
    From 80 years to less than 85 years

    20% of revised basic pension/family pension

    From 85 years to less than 90 years

    30% of revised basic pension/family pension

    From 90 years to less than 95 years

    40% of revised basic pension/family pension

    From 95 years to less than 100 years

    50% of revised basic pension/family pension

    100 years or more

    100% of revised basic pension/family pension

    Illustration:
    Suppose you are 81 years old in Feb 2006 and your revised basic pension /family pension has been fixed at Rs.13152 on 1 Jan 2006. The additional quantum payable to you will be 20% of the basic pension /family pension i.e. Rs. 2630 till you are 85years old. Dearness relief will be payable on this quantum also.

  1. When will I get my arrears?

As per Para 12 of OM date 01-09-2008 your enhanced basic pension and 40% of your arrears should have been paid to you by 30 Sep 2008 or before by Pension Disbursing authority.

Based on grievances received, the Department of Pensions & Pensioners Welfare have issued clarifications vide OM No. 38/37/08-P&PW(A).pt.II on 03-10-2008 and vide OM No. 38/37/08-P&PW(A).pt.l 14-10-2008 and required that the enhanced pensions/family pensions and arrears thereof should be disbursed within a week of the date of issue of the clarification of 14-10-2008 in accordance with the ready reckoner and the additional quantum of pension to pensioners aged 80 years and above.

The last date for all cases being covered including the provisions of para 4.2 of the DP&PW OM dated 1 Sep 2008 based on the clarifications and directives in this DP&PW OM was 14 Nov 2008.

  1. Is it possible that the Bank may delay my enhanced pension/arrear payment if the money from the Government for my pension/ arrears has not reached the Bank branch?

Never. The Banks are required to obtain re-imbursement from the Government after they credit the pensioner each month.

  1. My Date of Birth /my scale of pay at the time of retirement/qualifying service is not available with the Pension Disbursing Authority (PDA), What do I do?

The bank was required to obtain the same from the Accounts Office which issued your PPO/CPAO and conclude the payments within the dates mentioned above.

You may also apply to the Head of Office who sanctioned your pension /family pension and expedite the revised authority indicating the Date of Birth, of pensioner and family pensioner (spouse), scale of pay at the time of retirement/qualifying service and get it sent to CPAO for onward transmission to the bank (PDA).

  1. I am the legal heir of my family. Both my parents are dead will I get the arrears of pension?

The payment of arrears to legal heirs will be governed by Para 23.1, 23.2 & 23.3 of the Scheme for payment of pensions to Central Government Civil pensioners by Authorised Banks http://cpao.nic.in/scheme.pdf

  1. My pre-1996 pension has not been revised. Will the ready reckoner provided in the DP&PW OM dated 1 Sep 2008 help me in getting the revised pension 2006?

No, first you have to get your pension revised as on 1 Jan 1996 and then this revised pension should be used as a base to calculate the revised basic pension as per VI Pay Commission w.e.f. 1 Jan 2006.

  1. Will the Accounts Office who issued my PPO revise my Pension also?

Yes. In all Pre-2006 cases, the concerned Head of the Department will revise the authority indicating the revised basic pension and other details including the Date of Birth of the Pensioner/Family Pensioner, Scale of Pay at retirement, Qualifying Service. This will be endorsed to the Banks through CPAO.

  1. Will I get Dearness Relief on my revised pension/family pension?

Yes, you will get Dearness Relief as applicable from time to time applied on the sum of basic revised pension/family pension and additional quantum of pension/family pension based on age. The rates of Dearness Relief before and after VI Pay Commission are given below:

Period

Pre-Revised (old Rates)

Post Revised (New Rates)

1-1-2006

24%

Nil

1-7-2006

29%

2%

1-1-2007

35%

6%

1-7-2007

41%

9%

1-1-2008

47%

12%

1-7-2008

54%

16%

  1. If I find that the calculations are not correct or I have been paid less to whom should I approach?

First you may contact your paying branch and their Corporate Office. If not satisfied then kindly approach your department through written representation as well as the Grievance Cell of DP&PW. Your department will send a revised authority if justified to the Bank through the CPAO to revise your pension.

  1. Is the Constant Attendant Allowance admissible to all disabled pensioners irrespective of the date of retirement (i.e. before or after 1.1.2006)?

Yes, it will be admissible from 01-01-2006 to all disabled pensioners, who retired with 100% disability under CCS(EOP) Rules and fulfilled the conditions mentioned in D/o P&PW's OM dated 2.9.2008.

Post 2006 Pensioners

  1. I am a Post 2006 Pensioner. Who will revise my pension?

    You have to exercise your option for revision of pay and pension and submit the required revised options to your department last served which sanctioned your pension. On receiving the case, the concerned PAO will revise your pension and send the revised authority to CPAO for onward transmission to the bank for the payment of revised basic pension and the arrears. But you will get only 40% of arrears payable during 2008-2009.

  2. My spouse is a Pre-2006 Pensioner but expired after Jan 2006. Will I get arrears?

    Yes, the life time arrears will be paid to you being the spouse. The family pension also should be started by your bank automatically & revised family pension will be paid as per 6th Pay Commission.

  3. Can I get details of my arrears?

    Yes you should get a Due and Drawn statement, pension slip and endorsement in your half of the PPO of the revised basic pension from your paying branch. Even if your paying bank has a CPPC for centrally computing/ calculating the revision, these details should be made available to you at the paying branch for your convenience.

  4. If my postal address has been changed to whom should I report for changing the same in all official records?

    Please inform your department who will get a revised authority issued by PAO, CPAO on receipt of the same ensure that the revision authority indicating the changes is sent to the bank. Please ensure the changes are made so that PAO/CPAO can send your authority at your correct address.

  5. If I have changed my paying branch between 2006 to 2008 to whom should I inform?

    In case your bank has been changed, kindly ensure that originating bank has sent the information of the changed address to the CPAO in annexure 21.You may also inform the changed address to your department who will be issue the revised authority incorporating the changes and send to your bank through CPAO.

Vacancy of Deputy Commissioner (Finance) at Kendriya Vidyalaya Sanganthan

Wednesday, December 31, 2008

Banks responsible for card, PIN delivery

In case of misuse of debit cards, banks cannot escape responsibility by saying that they have delivered the card and the personal identification number (PIN) at the address mentioned in the application.

A bank customer has approached the Ombudsman with a complaint about withdrawal of funds through unauthorised use of his card. The complainant said that he had asked for a debit card and the bank responded by issuing a card with zero liability.

Though he did not receive the card, he found that Rs 25,000 was debited from his account. On enquiry from the bank, he gathered that the card was delivered to a security staff in his office building, without checking the identification particulars.

The PIN was also delivered to another staff in his office. This prompted the ‘card holder’ to seek a refund from the bank, a plea that was turned down.

On its part, the bank submitted papers mentioning that the card and PIN had been delivered at the mailing address mentioned by the customer. While the card was delivered to one person, the PIN was handed over to another person on the same address.

The bank also reiterated that the debit card was used at the ATM, indicating that money was withdrawn by an ‘authorised person’. While maintaining that the transactions were valid, the bank said that it was not liable or responsible for any consequences.

The Ombudsman, however, ruled that the bank could not escape responsibility by stating that the card and PIN were delivered at the mailing address of the complainant to ‘unauthorized’ persons, increasing the risk of misuse by them. It said that the card and PIN should have been delivered to the complainant in person or to his authorised representative only under his proper acknowledgement.

The Ombudsman asked the bank to not only reimburse the Rs 25,000 withdrawn from the complainants account but also pay interest at savings bank rate and an additional amount to meet the expenses relating to follow-up of the complaint.

Courtesy :- Business Standard

Monday, December 29, 2008

Dept. of Personnel and Training violating RTI Act: CIC

New Delhi (PTI): The Department of Personnel and Training, which is the nodal agency for the implementation of RTI Act, is itself violating the Act by publishing misleading information on its website, the CIC has held.

The department on its website has excluded file notings from the definition of 'information' which implies that there is no obligation on it to reveal these under the RTI Act.

"Because it is already clear that the entry of file noting with regard to exempted information on the website of DoPT is misleading, we find the DoPT is in violation of the RTI Act," said Chief Information Commissioner Wajahat Habibullah.

The Commission ordered the department to delete the definition of information which says that file notings were not included in RTI Act and replace it with the new definition as given in the Act.

In an earlier hearing of the plea filed by one RTI applicant S C Agrawal, the CIC had directed "It is clear that CPIO (of DoPT) has simply acted in accordance with a circular issued by the DoPT."

"If we are to construe malafide in the denial of information in such cases, it is necessary that the source of such malafide denial be identified and further action considered accordingly. From the above it is clear that the impugned order was issued with the approval of then secretary

Sunday, December 28, 2008

Pension reforms off the blocks, proposals called for six funds

The pension regulator today set the stage for opening the business for non-government employees from April by seeking proposals for setting up six pension funds.
Among the host of conditions specified in the Primary Information Memorandum and Expression of Interest (EOI) package, the Pension Fund Regulatory & Development Authority (PFRDA) intends to allow up to 26 per cent foreign investment but with the rider that the direct or indirect holding should not exceed 26 per cent.

The stipulation is akin to the foreign investment regime in the insurance sector, in which the regulator had also initially decided to factor in the indirect holding in the firm. Over the years, however, the norms were relaxed and the indirect holding is not counted in the 26 per cent ceiling for the sector.

The move from PFRDA is the latest in a series of financial sector reforms that the United Progressive Alliance government has managed to push through after the Left parties withdrew the support they extended in Parliament in June following disagreements over the Indo-US civil nuclear agreement.

Earlier this week, the government introduced a Bill to amend the insurance laws, which among other things, proposes to raise the foreign investment ceiling to 49 per cent.

If Parliament approves the insurance Bill, the foreign investment ceiling for the pension sector will also go up. A Bill to provide statutory backing to PFRDA is pending in Parliament but could not be approved owing to opposition from the Left parties. For the time being, however, PFRDA has proposed that the pension fund managers will sign an investment management agreement (IMA) with the board of the New Pension Scheme (NPS Trust).

The fund managers will be required to invest in line with the norms prescribed with a default option that is to be decided. The default option will come into play if an investor is unable to decide whether to invest in a balanced, growth or debt scheme. The investor will have the option of changing schemes periodically.

ELIGIBILITY CRITERIA FOR FUND MANAGERS
* A new company has to be floated, which will get a ‘certificate of commencement of business’ from PFRDA
* At least 5 years experience of fund management
* Monthly average assets under management not less than Rs 8,000 crore for the last 12 months
* Direct and indirect foreign investment not more than 26%
* Net worth of Rs 10 crore
* Sponsor will not hold more than 10% of equity in any other pension fund
* Sponsor will not hold more than 10% of equity in central record keeping agency under NPS
* Sponsor will not hold more than 5% of equity stake in NPS Custodian
* 50% independent directors

Central or state public sector companies or entities regulated by the Reserve Bank of India, Securities & Exchange Board of India or Insurance Regulatory and Development Authority are eligible to bid to be sponsors of a pension fund.

While 14 mutual fund houses had average assets under management of over Rs 8,000 at the end of November 2008, most insurance companies meet the eligibility norms by virtue of having a foreign joint venture partner. Most banks are also eligible to bid.

In addition, the three fund managers – State Bank of India, UTI and Life Insurance Corporation – that already manage the pension contribution of central and state government employees who joined from January 2004, will also be eligible to manage non-government business but will have to segregate the operations.

The last date for submitting the expression of interest is January 9, sources said, and PFRDA intends to appoint the fund managers by the first week of February. In addition, it is expected to start the process of appointment of point of presence, where subscribers can deposit their funds, over the next week to 10 days. To ensure that cross-holding does not lead to conflict of interest, PFRDA has decided to restrict a sponsor’s holding in another fund and National Securities Depository Ltd (NSDL) the central record-keeping agency. In addition, the pension fund cannot hold over 5 per cent stake in the NPS custodian, Stock Holding Corporation.

BS Reporter / Mumbai December 27, 2008, 0:18 IST