MINISTRY OF CONSUMER AFFAIRS,
FOOD AND PUBLIC DISTRIBUTION
(Department of Consumer Affairs)

NOTIFICATION

New Delhi, the 15th July, 2020

G.S.R. 451 (E) In exercise of the powers conferred under proviso to sub-section (1) of section 102 of the Consumer Protection Act, 2019 (35 of 2019), the Central Government hereby makes the following rules, namely:

1. Short title and commencement – (1) These rules may be called the Consumer Protection (Salary, allowances and conditions of service of President and Members of the State Commission and District Commission) Model Rules, 2020.

(2) They shall come into force on the 20th day of July, 2020.

2. Definitions. – (1) In these rules, unless the context otherwise requires, –

• ‘Act’ means the Consumer Protection Act, 2019 (35 of 2019);
• ‘Member’ means a Member of the District Commission or the State Commission, as the case may be;
• ‘President’ means the President of the District Commission or the State Commission, as the case may be;
• ‘State Government’ includes an administrator of a Union territory appointed under article 239 of the Constitution except in rule 13.

(2) The words and expressions used herein and not defined and defined in the Act shall have the same meaning respectively assigned to them in the Act.

3. Salaries and allowances payable to President and members of District Commission.

• The President shall be entitled to the salary and allowances as are admissible to a District Judge in the super time scale of pay.
• A Member shall receive a pay equal to the pay at the minimum of the scale of pay of a Deputy Secretary of the State Government and other allowances as admissible to such officer.
• The pay of a person appointed as President or member, who is in receipt of any pension, shall be reduced by the gross amount of pension drawn by him.
• There shall be an annual upward revision of the pay of the President and member at the rate of 3%.

4. Salaries and allowances payable to President and members of the State Commission.

• President of the State Commission shall receive the salary and other allowances as are admissible to a sitting judge of the High Court of the State.
• A Member of the State Commission shall receive a pay equivalent to the pay at minimum of the scale of pay of an Additional Secretary of the State Government and other allowances as are admissible to such officer.
• The pay of a person appointed as President or member, who is in receipt of any pension, shall be reduced by the gross amount of pension drawn by him.
• There shall be an annual upward revision of the pay of a member at the rate of 3%.

5. Medical fitness. No person shall be appointed as President or Member unless he is declared medically fit by an authority specified by the State Government in this behalf.

Also check: Ex-gratia compensation to the families of Central Government employees who died due to Covid-19 infection in performance of their duties

6. Casual vacancy. In case of a casual vacancy in the office of President in the State Commission or District Commission, as the case may be, the State Government shall have the power to appoint the senior most Member to officiate as President.

7. House rent allowance. – The President or member shall be entitled to house rent allowance at the same rate as are admissible to Group ‘A’ Officer of the State Government of a corresponding status.

8. Transport allowance. – The President or member shall be entitled to transport allowance at the same rate as are admissible to Group ‘A’ Officer of the State Government of a corresponding status.

9. Leave and medical treatment and hospital facilities. – The President and members of the State Commission and the District Commission shall be entitled to leave, Leave Travel Concession, medical treatment and hospital facilities as per the provisions applicable to Group A Government servants in the State Government.

10. Declaration of Financial and other Interests. – The President or member shall, before entering upon his office, declare his assets, and his liabilities and financial and other interests.

11. Other conditions of service.

• The terms and conditions of service of the President or member with respect to which no express provision has been made in these rules, shall be such as are admissible to a Group ‘A’ Officer of the State Government of a corresponding status.
• The President or member shall not practice before the National Commission, the State Commission or the District Commission after retirement from the service of the State Commission or the District Commission, as the case may be.
• The President or member shall not undertake any arbitration work while functioning in these capacities in the State Commission or the District Commission, as the case may be.
• The President or member of the State Commission or the District Commission, as the case may be, shall not, for a period of two years from the date on which they cease to hold office, accept any employment in, or connected with the management or administration of, any person who has been a party to a proceeding before the State Commission or the District Commission:
  • Provided that nothing contained in this rule shall apply to any employment under the Central Government or a State Government or a local authority or in any statutory authority or any corporation established by or under any Central, State or Provincial Act or a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013).

12. Oaths of office and secrecy – Every person appointed to be the President or member shall, before entering upon his office, make and subscribe an oath of office in Form I and oath of secrecy in Form II annexed to these rules.

13. The salary, remuneration and other allowances shall be defrayed out of the Consolidated Fund of the State Government and in the case of the Union Territories, from the Consolidated Fund of India.

14. The terms and conditions of the service of the President and the members of the District Commission and the State Commission shall not be varied to their disadvantage during their tenure of office.

[F.No.J-10/8/2018-CPU]
AMIT MEHTA, Jt. Secy.

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MINISTRY OF LAW AND JUSTICE
(Legislative Department)

New Delhi, the 7th April, 2020 / Chaitra 18, 1942 (Saka)

THE SALARY, ALLOWANCES AND PENSION OF
MEMBERS OF PARLIAMENT (AMENDMENT)
ORDINANCE, 2020

No. 3 of 2020

Promulgated by the President in the Seventy-first Year of the Republic of India.

An Ordinance further to amend the Salary, Allowances and Pension of Members of Parliament Act, 1954.

WHEREAS India, as the rest of the world, is grappling with Corona Virus (COVID-19) pandemic which has severe health and economic ramifications for the people of the country;

AND WHEREAS the Corona Virus (COVID-19) pandemic has shown the importance of expeditious relief and assistance and therefore, it is necessary to take certain emergency measures to prevent and contain the spread of said pandemic;

AND WHEREAS in order to manage and control such situation, it has become necessary to raise resources by reduction of salaries and allowances of Members of Parliament;

Also check: Regularization of officer / employee absence due to lockdown w.e.f. 25th March 2020

AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance :

1. (1) This Ordinance may be called the Salary, Allowances And Pension of Members of Parliament (Amendment) Ordinance, 2020.
   (2) It shall come into force at once.
2. In the Salary, Allowance and Pension of Members of Parliment Act, 1954, in section 3, after sub-section (1), the following sub-section shall be inserted, namely :-

“ (1A) Notwithstanding anything contained in sub-section (1), the salary payable to Members of Parliment under sub-section(1) shall be reduced by thirty percent for a period of one year commencing from the 1st April, 2020, to meet the exigencies arising out of Corona Virus (COVID-19) pandemic,”.

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Ministry of Finance

Department of Expenditure , Ministry of Finance clarifies that it’s Order dated 18th June 2019 relating to the disbursal of salary for the month of June 2019 is applicable to only an attached office under the Department namely, the O/o Controller General of Accounts (CGA) and the officials working in the PFMS Project Cell and is temporary in nature to avoid exceeding the Vote on Account limit

22 JUN 2019

It has been brought to notice that an internal Confidential Office Order pertaining to the Department of Expenditure, Ministry of Finance is being circulated in various social media platforms.

It is clarified and informed that the Department of Expenditure ‘s Order dated 18th June 2019 relating to the disbursal of salary for the month of June 2019 is applicable to only an attached office under the Department of Expenditure namely, the O/o Controller General of Accounts (CGA) and the officials working in the PFMS Project Cell and is temporary in nature to avoid exceeding the Vote on Account limit.

The General Public is also forewarned and cautioned not to circulate the Order since it is confidential in nature and may attract punitive actions under the applicable legal provisions.

PIB

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NFIR

No.II/57/Part I

Dated: 02-07-2018

The Secretary (E)
Railway Board
New Delhi

Dear sir,

Sub: Salary and Travelling Allowance to retired Railway Staff re-engaged in Railways – reg.

vide Railway Board’s instructions under letter No.E(NG)II/2007/RC-4/CORE/I dated 16/10/2017 [Item (vii) of para 2], it has been stipulated that the monthly remuneration of a retired employee being re-engaged be determined by reducing pension from his/her last pay drawn (i.e Basic Pay + DA). also vide Board’s letter dated 12/12/2017, the maximum age limit for re-engagement of retired hands has been enhanced to 65 years from 62 years.

Federation received grievances from the re-engaged retired hands with regard to non-payment of their legitimate dues as mentioned below:-

The re-engaged retired employees, when they work on continuous duty roster under HOER, they are denied payment of salary for performing extra hours of work beyond duty roster hours (i.e. 12 hours duty against duty hours of 8 hours).

When the retired employee is sent out of his headquarter station for performing duties at out station, he is denied payment of TA (daily allowance) on the plea that the Railway Board has not given any direction for payment of T.A., in such eventualities while payment of remuneration only is allowed as per Railway Board’s letter dated 16/10/2017.

perusal of above two points reveal that even the re-engaged retired hands, like other Railway staff, are required to be governed by the provision of HOER and when they are made to perform 12 hours duty against the rostered 8 hours, they should be paid additional wages as Over Time Allowance Similar;y, when these retired staff are sent out of their headquarters for performing duties, they should be paid Travelling Allowance (Daily Allowance) similar to the serving staff based on the rate of last basic pay drawn.

NFIR, therefore, requests the Railway Board to consider the above valid points and issue instructions to the zonal Railway etc., for payment of Over Time Allowance and the Travelling Allowance (daily allowance) to the retired re-engaged staff similar to serving staff.

A copy of the instructions issued may be endorsed to the Federation.

Yours faithfully

S/d,
(Dr.M.Raghavaiah)
General Secretary

Source : NFIR

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Office of the
Controller General of Accounts
Ministry of Finance
Department of Expenditure
Mahalekha Niyantrak Bhawan
E Block, INA, New Delhi

No. S-l1012/2/3(17)/RBl/2015/GBA/625-706

21st May 2018

Office Memorandum

Subject:- Payment of Salary to Central Government Employees on 29th May 2018 due to bank strike called by United Forum of Bank Unions.

It has come to the notice of this office that United Forum of Bank Unions (UFBU) has called for a nationwide bank strike on 30th and 31st May 2018. Banks are likely to remain closed on that days and even files for the e-payment of salary for the month of May 2018, which is due for 31st May 2018, may not get processed, resulting in delay in disbursal of salary to Central Government Employees.

2. All the Pr. CCAs/CCAs/CAs (Independent Charge) are, therefore, advised to consult their accredited banks in this regard and if any delay is foreseen in disbursement of salary on 31st May 2018 by the accredited banks, due to strike, necessary instructions may be issued to all the field PAOs/DDOs to upload salary payment files of Central Government Employees with NPB date as 29th May 2018 (last working day for bank, if strike materializes), and ensure that same reaches the banks latest by 25th May 2018.

3. This issues with the approval of Competent Authority.

(Anupam Raj)
Asstt. Controller General of Accounts (GBA)

Source: CGA

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ALL INDIA POSTAL EMPLOYEES UNION GROUP ‘ C’, TN,

No, P3/2·Genl/TN

dt. 25.04.2018

To
The Chief Postmaster General,
Tamilnadu Circle
Chennai 600 002.

Respected Sir,

Sub: Request for payment of salary to the employees on 27.4.2018 due to continuous Bank Holidays from 28th to 30th April,2018 – Reg.
Ref: 1.Controller General of Accounts Manual Part III Section II Rule 64.
2. CPMG. WB letter No.MM & PO/ Salary disbursement/2018 dt. 24.4,2018.

The kind attention of CPMG, TN is requested 10 the reference cited. The entire Banking Sector is on closed Holidays continuously from 28.4.2018 to 30.4.2018 due 10 fourth Saturday, Sunday and Holiday on 30.4.2018. Hence drawings could not be made from the Banks on these days and huge cash could not be held in the Treasury of the offices for more than 3 days continuously, if drawn much earlier for payment of salary to all the employees.

It is further to note that, as per the Stat utory rules of the Dept. and as per the reference (1) cited, pay ond allowonces are earned and shall be due for payment on the last working day af the month to which they retore and the pay and allowance for the month of April 2018 and should be paid either on 30th or preceding to any date in accordance with the convenience of the Department.

As per the referenee (2) cited, the CPMG. West Bengal Circle has issued order for payment of salary on 27th April, 2018. citing the same reason.

Hence, it is requested that necessary act ion may kindly be token so as to issue suitable orders to the pay drawing and disbursing Authorities, for making payment of the pay and allowance of the working staff by 27th April. 2018, as in the case of West Bengal Circle.

Expecting your kindly consideration and a line in reply,

With profound regards,

(J. RAMAMURTHY)
CIRLE SECIl:ETARY,

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GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA
UNSTARRED QUESTION NO. 1294
TO BE ANSWERED ON 24.07.2017

EQUAL PAY FOR EQUAL WORK

1294. SHRI KANWAR SINGH TANWAR:

SHRI HARI MANJHI:

SHRI INNOCENT:

Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:

(a)whether the Hon’ble Supreme Court has given a ruling that the theory of equal pay for equal work should be implemented and if so, the details thereof;

(b)whether the Hon’ble Court has also reiterated that there should be no disparity in the salary of regular and casual workers in a welfare State if both are doing same nature of work and if so, the details thereof;

(c)whether the Government is aware that the contract workers are being deprived from equal pay for equal work by their employers and if so, the details thereof;

(d)whether the Government has set up/proposes to set up a suitable redressal mechanism in this regard and if so, the details thereof; and

(e)the other measures taken/proposed to be taken by the Government for the welfare and social security of workers including casual/contract workers in the country?

ANSWER

MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT 

(SHRI BANDARU DATTATREYA)

(a) & (b): In civil appeal number 213 of 2013 the issue for consideration ofthe Hon’ble Supreme Court was as under:

“whether temporarily engaged employees (daily-wage employees, ad-appointees, employees appointed on casual basis, contractual employees and the like), are entitled to minimum of the regular pay-scale, alongwith dearness allowance (as revised from time to time) on account of their performing the same duties, which are discharged by those engaged on regular basis, against sanctioned posts”.

The Hon’ble Supreme Court held that:

“There can be no doubt, that the principle of ‘equal pay for equal work’ would be applicable to all the concerned temporary employees, so as to vest in them the right to claim wages, at par with the minimum of the pay-scale of regularly engaged Government employees, holding the same post”

(c) & (d): In so far as the contract labour is concerned, the ContractLabour (Regulation & Abolition) Act, 1970 and the rules framed thereunder regulate the employment of contract labour. Rule 25(2)(v)(a) of the Contract Labour (Regulation & Abolition) Central Rules, 1971 provides for parity as mentioned below:

“in cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work”

A well-established Central Industrial Relations Machinery (CIRM) is in place to enforce the Contract Labour (Regulation & Abolition) Act, 1970. The country-wide network of Dy. Chief Labour Commissioners (Central) and Regional Labour Commissioners (Central) under the control of Chief Labour Commissioner (Central) is mandated to settle the complaints/claims of the contract workers in terms of the provisions of the said Act and the Rules framed thereunder

(e): In order to provide social security benefits to the workers in theorganised sector, the Government has enacted the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 and Employees’ State Insurance Act, 1948.

For providing social security benefits to the workers in the unorganised sector, the Government has enacted the Unorganised Workers’ Social Security Act, 2008 which stipulates formulation of suitable welfare schemes for unorganised workers on matters relating to:

(i) life and disability cover,

(ii) health and maternity benefits,

(iii) old age protection and

(iv) any other benefit as may be determined by the Central Government through the National Social Security Board. Various Schemes, formulated by the Government to provide social security cover to the unorganized workers as listed in Schedule I of the above Act.

Central Government has also launched the Atal Pension Yojana, Pradhan Mantri Jeevan Jyoti Bima Yojana and Pradhan Mantri Suraksha Bima Yojana for all citizens especially targeting unorganised workers to provide them comprehensive social security.

Source : Lok Sabha

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The government is soon going to make it compulsory to make salary payments to industrial workers only in cheque or direct bank transfers.

As per the prevailing practice, industrial workers get their salary in cash.

The Times of India report said that this may change soon as Cabinet has cleared the proposal.

“This will not only promote transparency but also help in reducing the grievances of employees related to non-payment of minimum wages,”, the report quoted a government source.

The government will enforce the measure by amending Section 6 of the Payment of Wages Act, 1936, which will enable the appropriate government to specify the industrial or other establishments in which payments are to be made through cheque or bank accounts.

As and when the move happens, all the central government employees from railways, air transport services, mines oil fields etc. whose wages do not exceed Rs 18,000 per month will be covered under the new rule, while the respective state governments will identify the other industrial and factory establishments.

The report added that the states of Andhra Pradesh, Uttarakhand, Punjab, Kerala and Haryana have made or initiated provisions in the said Act for payment of wages to the employed persons either by cheque or through credit into bank accounts.A Bill – Payment of Wages (Amendment) Bill, 2016 – has been prepared which will be tabled after the Cabinet approves the measure.

The payment of salary in cheque of bank transfer is in line with the government’s efforts to promote a cashless economy in the country.

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Payment of Dearness Allowance to running staff – RBA 90/2016

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

RBA No.90/2016

25th November, 2016

No.2016/AC-II(CC)/IPAS/37/7(Zonal Railways)

a) General Managers, All Zonal Railways (including Metro Railway, Kolkata);
b) Director/Finance, CRIS

Railway Board (Pay Commission Dte.) vide their letter No.PC-VII/2016/1/7/2/1 dated 11th November, 2016 (RBE 131/2016) had communicated payment of DA @ 2% per month to all categories of Railway Employees w.e.f 1st July, 2016. The issue regarding admissibility of DA on running allowance paid to Running Staff has been examined in this Ministry and it has been decided that DA @ 2% shall be admissible to Running staff on the Basic pay plus Running allowances drawn w.e.f 1st July, 2016.

2. CRIS may incorporate the above rule in IPAS application, so that payroll of running staff for November, 2016 could be drawn accordingly.

3. It may please be ensured that Salary Advance of Rs.10000/- paid to Non-Gazetted employees in terms of Railway Borad’s letter No.2016/E(LL)/APW/1 dated 17.11.2016 is recovered from the concerned staff in salary bill of November 2016.

3. The issues with the approval of competent authority.

sd/-
(V.Prakash)
Joint Director(Accounts)

Source: AIRF

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Group C employees of all government departments are given salaries – amounting to Rs. 10,000 for the month of November in advance

New Delhi: As rush in banks and ATMs due to demonetisation continues, Government employees belonging to Group C on Monday started receiving Rs. 10,000 in cash as advance of their salary for the month of November.

At least 1,000 Group-C employees working in the home ministry were also given Rs. 10,000 each as their salary advance.

Government employees of Group-C of all ministries, departments and associate organisations are given the salary advance in cash, a senior home ministry official said. In the home ministry, those who availed the facility got the cash in the denomination of Rs. 2,000 and Rs. 100. Four make-shift counters have been installed in the home ministry.

The facility is also offered in the adjoining finance ministry in the North Block. There has been heavy rush and long queues in banks and ATMs ever since Prime Minister Narendra Modi announced on 8 November that Rs. 1,000 and Rs. 500 notes would no longer be legal tender.

PTI

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