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Tuesday, August 12, 2014


Monday, August 12, 2014

RESERVATION IN DEPARTMENTAL EXAMINATION - Q & A in Lok SabhaGOVERNMENT OF INDIAMINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONSLOK SABHAUNSTARRED QUESTION NO 2841ANSWERED ON 30.07.20142841 . Shri RAMDAS CHANDRABHANJI TADAS
Will the Minister of PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-
(a) whether the Government has provided reservation to the candidates of Other Backward Classes in the departmental examination held for promotions in various departments; 
(b) if so, the details thereof; (c) if not, the reasons therefor; and (d) the steps being taken/proposed to be taken by the Government in this regard?                                                                                            ANSWER
Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (DR. JITENDRA SINGH)(a): No, Madam.(b): Does not arise in view of the reply to part (a) above. (c): Clause 4(A) of Article 16 of the Constitution provides reservation in promotion only for Scheduled Castes and Scheduled Tribes. 
(d): There is no proposal to provide reservation in promotion to Other Backward Classes.RECRUITMENT OF GROUP C AND D POSTS - Q & A in Lok Sabha
GOVERNMENT OF INDIAMINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONSLOK SABHAUNSTARRED QUESTION NO 2844ANSWERED ON 30.07.20142844 . Shri S.P. MUDDAHANUMEGOWDA
Will the Minister of PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-(a) the policy for recruiting Group `C` and `D` employees; (b) whether the Government proposes to recruit Group `C` and `D` candidates from the States concerned;(c) if so, the details thereof; and (d) if not, the reasons therefor?

ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (DR. JITENDRA SINGH)
(a): The recruitment to the Central Government posts is made as per the provisions of the Recruitment Rules of the post. The Central Government has constituted the Staff Selection Commission to make recruitment by competitive examinations as well as by selection to Group ‘C’ (non-technical) posts in the Central Ministries/Departments and their attached/subordinate offices, except those posts which are exempt from its purview. The recruitment to other non- gazetted posts including industrial employees is being made by the organizations concerned which have to conform to the provisions in the recruitment rules for the respective posts. Recruitment to non-gazetted post in Railway establishments is done through the respective Railway Recruitment Boards under the Ministry of Railways. The action regarding filling up of vacant posts and for new appointments is taken by the concerned Ministries/Departments of the Government of India. On implementation of recommendations of 6th CPC, all Group ‘D’ posts in Central Government stands upgraded to Group ‘C’ posts and there is no further recruitment in Group ‘D’.
(b): No, Madam. (c) & (d): In view of (b) above, question does not arise. 
OUTSOURCING OF JOBS - Q & A in Lok Sabha
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
STARRED QUESTION NO 304
ANSWERED ON 30.07.2014
304 . Prof. SAUGATA ROY
Will the Minister of PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-
(a) whether a large number of employees are reportedly working on contract basis and several jobs have been outsourced in various Ministries/ Departments of the Government of India;
(b) if so, the details of the existing policy/guidelines/rules which regulate contractual workers and outsourcing of jobs/services along with the number of such workers in various Ministries/ Departments;
(c) whether such policy/guidelines/rules provide for social security and other benefits to be given to workers on contract basis and those performing in outsourced jobs;
(d) whether the Government proposes to formulate any scheme for providing welfare measures and improving the service conditions of such workers; and

(e) if so, the details thereof and if not, the reasons therefor?
ANSWER
Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (DR. JITENDRA SINGH)

(a): The fundamental principles applicable to all Ministries/Departments regarding engagement of consultants and outsourcing of services are provided in General Financial Rules 2005. The Ministries/ Departments may hire external professionals, consultancy firms or consultants for a specific job which is well defined in terms of content and time frame for its completion or outsource certain services. A Ministry/Department may outsource certain services in the interest of economy and efficiency and it may describe detailed instructions for this purpose. As the respective Ministries/ Departments are empowered to outsource certain services on their own, no centralized data is maintained.
(b)&(c): Engagement of contract labourers is regulated under the Contract Labour (Regulation & Abolition) Act. The Central Government is the appropriate Government in respect of the establishments falling in central sphere. The interest of contract labourers in terms of wages and other service conditions are safeguarded under this Act. As far as the security in term of wages is concerned, as per Rule 25(2)
(v)(a) of the Contract Labour (Regulation & Abolition) Central Rules, 1971 , the wages of the contract labour shall not be less than the rates prescribed under Minimum Wages Act, 1948 and in cases where the contract workers 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 shall be the same as applicable to the workmen directly employed by the principal employer doing the same or similar kind of work. The liabilities to ensure payment of wages and other benefits is primarily that of the contractor and, in case of default, that of the principal employer.
The Social Security aspects of contract labourers under Employees Provident Fund and Miscellaneous Provision Act, 1952 and Employees state Insurance Act, 1948 are enforced by the Employees Provident Fund organization and Employees State Insurance Corporation respectively provided the establishments in which contract labourers are working are covered under the said Acts.
In the Central sphere, the Central Industrial Relations Machinery (CIRM) has been entrusted with the responsibility of enforcing the provisions of the Act and rules made thereunder. Aggrieved workers may raise their issues, if any, before the Appropriate Authority under Labour laws.
(d)&(e): The Social Welfare Schemes of the Government are also applicable to the Contract Labourers if they fulfil the conditions of the Scheme to be eligible for the benefits of a particular Scheme. However, the interests of Contract Workers are protected specifically under Contract Labour (Regulation & Abolition) Act, 1970.
Some of the prominent social welfare legislations are as follows:-
# Payment of Gratuity Act, 1972 
# Employees’ Provident Fund & Misc. Provisions Act, 1952 
# Employees’ Pension Scheme, 1995 
# Employees’ State Insurance Act, 1948 
# Minimum Wages Act, 1948 
# Payment of Wages Act, 1936 
# Maternity Benefit Act, 1961 
# Equal Remuneration Act, 1976 
# Payment of Bonus Act, 1965 
# Workmen Compensation Act, 1923 
# Mines Act, 1952 # Factories Act, 1948 
# Industrial Dispute Act, 1947
 # Contract labour (Regulation & Abolition) Act, 1970
STANDARD QUESTIONAIRE FOR VISIT TO HO/SO & BO - Dte. order
.........Secretary (Posts) has taken note of the above and directed that every officer of the rank of CPMG, PMG, DPS, Divisional Heads and Sub-Divisional Heads should pay a visit at least one HO/SO and one BO every week and issue the visit remarks by next working day for compliance within a fortnight, compulsorily............



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