Tuesday, 28 August 2012
DOPT PUBLISHED SOME IMPORTANT INSTRUCTIONS AND STANDING ORDERS THROUGH AN ORDER REGARDING MACP SCHEME AS FAQ.
FREQUENTLY ASKED QUESTIONS (FAQs) ON MODIFIED ASSURED CAREER PROGRESSION SCHEME
1. What is Modified Assured Career Progression Scheme (MACPS) ?
The MACP Scheme for Central Civilian Government Employees is in supersession of earlier ACP Scheme. Under the MACP Scheme three financial Up-gradations are allowed on completion of 10,20,30 years of regular service, counted from the direct entry grade. The MACPS envisages merely placement in the immediate next higher grade pay as given in Section I, Part-A of the first schedule of the CCS (Revised Pay) Rules 2008, in case no promotion has been earned by the employee during this period.
2. From which date the MACPS is effective?
The MACPS is effective w.e.f. 01.09.2008 or on completion of 10, 20 & 30 years of continuous regular service, whichever is later. Financial upgradation will also be admissible whenever a person has spent 10 years continuously in the same grade pay. (Para 9 of OM dated 19/5/2009)
3. Who are entitled for financial under the MACPS?
The MACPS is applicable to all Central Government Civilian Employees.
4. What norms are required to be fulfilled while granting the benefits under MACPS?
The financial upgradation would be on non-functional basis subject to fitness in the hierarchy of pay band and grade pay within PB- 1. Thereafter, only the benchmark of ‘Good’ would be applicable till the grade pay of Rs.6600 In PB-3. The benchmark will be‘Very Good’ for Financial upgradation to the grade pay of Rs.7600 and above. However, where the Financial upgradation under the MACPS also happen to be in the promotional grade and benchmark for promotion is lower than the benchmark for granting the benefits under MACPS as mentioned in para 17 of the Scheme, the benchmark for promotion shall apply to MACP also.
O.M.N0.5034/3/2008-Estt(D) dated 01/11/2010
5. Whether Pay Band would be changed at the time of grant of financial upgradation under MACPS?
Yes. OM.N0.35034/3/2008-Estt.(D) dated 09/09/2010
6. Whether the promotions in same grade would be counted for the purpose of MACPS?
The financial up-gradation under the MACPS is in the immediate next higher grade pay in the hierarchy of recommended revised pay bands and grade pay as given in CCS (Revised Pay) Rules, 2008. However if the promotional hierarchy as per recruitment rules is such that promotions are earned in the same grade pay, then the same shall be counted for the purpose of MACPS.
7. How will the benefits of ACP be granted if due between 01 .01.2006 and 31.08.2008?
The revised pay structure has been changed w.e.f. 01.01.2006 and the benefits of ACPS have been allowed till 31.08.2008. Hence, the benefits of revised pay structure would be allowed for the purpose of ACPS.
(OM No.35034/3/2008-Estt. dated 9.9.2010)
8. Whether adhoc appointment would be counted towards qualifying service for MACPS?
No. Only continuous regular service is counted towards qualifying service for the purpose of MACPS. The regular service shall commence from the date of joining of a post in direct entry grade on a regular basis. (Para 9 of the MACPS)
9. Whether State Government service shall be reckoned for the purpose of MACPS?
No. Only regular service rendered in the Central Government’s Department/Office is to be counted for the purpose of MACPS, as the Scheme is applicable to the Central Government Civilian Employees only. ( MACPS , Para 10)
10. What are the periods included in the regular service?
All period spent on deputation/foreign service, study leave and all other kind of leave, duly sanctioned by the competent authority shall be included in the regular service. (Para 11. MACPS)
11. How is the MACPS to be extended to the employees of Autonomous and Statutory Bodies?
Procedure prescribed in OM No.35034/3/2010- Estt(D),Dated 03/08/2010 would be followed by the administrative Ministries/Departments concerned for extension of the MACPS to the employees of Autonomous and Statutory Bodies under their control.
12. Whether the cases of grant of financial upgradation allowed under the ACPS between 01.09.2008 and 19.05.2009, the date of issue of the Scheme are be reviewed?
Yes. Since the benefits of ACPS have been discontinued w.e.f. 01.09.2008, the cases settled between 01.09.2008 and 19.05.2009, in terms of previous ACP Scheme shall be reviewed.
13. Whether the past continuous regular service in another Govt. Deptt. in a post carrying same grade pay prior to regular appointment in a new Deptt. without a break shall be counted towards qualifying regular service for the purpose of MACPS?
Yes. ( Para 9, MACPS)
14. Upto what grade pay the benefits under the / MACPS is allowed?
The benefits of MACPS are being up-to HAG scale of Rs. 67000 – 79000/- (DOPT’s O.M.No.35034/3/2008-Estt.(D) dated 24.12.2010)
15. How the cases of pre-revised pay scales (Rs.5000-8000 & Rs.5500-9000 and Rs.6500-10500 & Rs.7450-11500) merged w.e.f. 01.01.2006 are to be decided under MACPS?
The cases would be regulated in accordance with para 5 of Annexure-I of MACPS. The Ministries/Departments are expected to re-organise cadres and frame common RRs for the post in merged scales.
16. Whether ‘Non-functional Scale’ of Rs.8000-13500 (revised to grade pay of Rs.5400 in PB-3) would be viewed as one financial upgradation for the purpose of MACPS?
Yes, in terms of para 8.1 of Annexure-I 01 MACPS dated 19.05.2009.
17. Whether time bound promotion’ scheme including ‘in-situ promotion’ scheme can run concurrently with MACPS?
No. ( Para 13 of MACPS)
18. Whether Staff Car Drive Scheme can run concurrently with MACPS?
DOPT vide O.M.No.35011/03/2008-Estt.(D),30/07/2010 has extended the benefits of MACPS to Staff Car Drivers as a fall back option
19. Whether the placement of erstwhile Gr. D employees as Staff Car Driver, ordinary grade would count as a promotion?
No. The model RRs for Staff Car Drivers provide deputation/absorption as a method of appointment for erstwhile Gr. D employees . The placement as staff Car Driver is not in the hierarchy hence the same would not be counted as promotion under MACPS. The regular service for the MACPS would be from the date of appointment as Staff Car Driver.
20. Whether designation classification or higher status would change on account of financial upgradation under MACPS?
There shall be no change in the designation classification or higher status on grant of financial upgradation under MACPS, as the upgradation under the Scheme is purely personal and merely placement in the nexl higher grade pay. (Para 16 of Annexure-l of MACPS refers)
21. If a financial upgradation under the MACPS is deferred due to the reason of the employees being ‘unfit’ or due to departmental proceedings, etc, whether this would have consequential effect on the subsequent financial upgradation?
Yes, this would have consequential effect on the subsequent financial upgradation, which would also get deferred to the extent of delay in grant of financial upgradation. ( MACPS, Para 15)
22. Whether the stepping up of pay would be admissible if a junior is getting more pay than the senior on account of grant of financial upgradation under MACPS?
No stepping up of pay in the band or grade pay would be admissible with regard to junior getting more pay than the senior on account of pay fixation under MACPS. Para 10 of OM dated 19/5/2009
23. Whether the regular service rendered by an employee if declared surplus in his/her organisation and appointed in the same grade pay or lower grade pay shall be counted towards the regular service in a new organization for the purpose of MACPS?
Yes. (refer para 23 of Annexure-l of MACPS)
24. In case of transfer including unilateral transfer own request, whether regular service rendered in previous organisation/office shall be counted alongwith the regular service in the new organization for the purpose of MACPS?
Yes. OM No.35034/3/2008-Estt(D) dated 01/11/2010
25. If a regular promotion has been offered but was refused by the employees before becoming entitled to a financial upgradation under the MACPS, whether financial upgradation shall be allowed to such a Government servant?
If a regular promotion has been offered but was refused by the Government employee before becoming entitled to a financial upgradation, no financial upgradation shall be allowed and as such an employee has not been stagnated due to lack of opportunities. If, however, financial upgradation has been allowed due to stagnation and the employees subsequently refuse the promotion, it shall not be a ground to withdraw the financial upgradation. He shall, however, not be eligible to be considered for further financial upgradation till he agrees to be considered for promotion again and the next financial upgradation shall also be deferred to the extent of period of debarment due to the refusal.( Para 25 of MACPS)
Source: www.persmin.nic.in
DOPT PUBLISHED SOME IMPORTANT INSTRUCTIONS AND STANDING ORDERS THROUGH AN ORDER REGARDING MACP SCHEME AS FAQ.
FREQUENTLY ASKED QUESTIONS (FAQs) ON MODIFIED ASSURED CAREER PROGRESSION SCHEME
1. What is Modified Assured Career Progression Scheme (MACPS) ?
The MACP Scheme for Central Civilian Government Employees is in supersession of earlier ACP Scheme. Under the MACP Scheme three financial Up-gradations are allowed on completion of 10,20,30 years of regular service, counted from the direct entry grade. The MACPS envisages merely placement in the immediate next higher grade pay as given in Section I, Part-A of the first schedule of the CCS (Revised Pay) Rules 2008, in case no promotion has been earned by the employee during this period.
2. From which date the MACPS is effective?
The MACPS is effective w.e.f. 01.09.2008 or on completion of 10, 20 & 30 years of continuous regular service, whichever is later. Financial upgradation will also be admissible whenever a person has spent 10 years continuously in the same grade pay. (Para 9 of OM dated 19/5/2009)
3. Who are entitled for financial under the MACPS?
The MACPS is applicable to all Central Government Civilian Employees.
4. What norms are required to be fulfilled while granting the benefits under MACPS?
The financial upgradation would be on non-functional basis subject to fitness in the hierarchy of pay band and grade pay within PB- 1. Thereafter, only the benchmark of ‘Good’ would be applicable till the grade pay of Rs.6600 In PB-3. The benchmark will be‘Very Good’ for Financial upgradation to the grade pay of Rs.7600 and above. However, where the Financial upgradation under the MACPS also happen to be in the promotional grade and benchmark for promotion is lower than the benchmark for granting the benefits under MACPS as mentioned in para 17 of the Scheme, the benchmark for promotion shall apply to MACP also.
O.M.N0.5034/3/2008-Estt(D) dated 01/11/2010
5. Whether Pay Band would be changed at the time of grant of financial upgradation under MACPS?
Yes. OM.N0.35034/3/2008-Estt.(D) dated 09/09/2010
6. Whether the promotions in same grade would be counted for the purpose of MACPS?
The financial up-gradation under the MACPS is in the immediate next higher grade pay in the hierarchy of recommended revised pay bands and grade pay as given in CCS (Revised Pay) Rules, 2008. However if the promotional hierarchy as per recruitment rules is such that promotions are earned in the same grade pay, then the same shall be counted for the purpose of MACPS.
7. How will the benefits of ACP be granted if due between 01 .01.2006 and 31.08.2008?
The revised pay structure has been changed w.e.f. 01.01.2006 and the benefits of ACPS have been allowed till 31.08.2008. Hence, the benefits of revised pay structure would be allowed for the purpose of ACPS.
(OM No.35034/3/2008-Estt. dated 9.9.2010)
8. Whether adhoc appointment would be counted towards qualifying service for MACPS?
No. Only continuous regular service is counted towards qualifying service for the purpose of MACPS. The regular service shall commence from the date of joining of a post in direct entry grade on a regular basis. (Para 9 of the MACPS)
9. Whether State Government service shall be reckoned for the purpose of MACPS?
No. Only regular service rendered in the Central Government’s Department/Office is to be counted for the purpose of MACPS, as the Scheme is applicable to the Central Government Civilian Employees only. ( MACPS , Para 10)
10. What are the periods included in the regular service?
All period spent on deputation/foreign service, study leave and all other kind of leave, duly sanctioned by the competent authority shall be included in the regular service. (Para 11. MACPS)
11. How is the MACPS to be extended to the employees of Autonomous and Statutory Bodies?
Procedure prescribed in OM No.35034/3/2010- Estt(D),Dated 03/08/2010 would be followed by the administrative Ministries/Departments concerned for extension of the MACPS to the employees of Autonomous and Statutory Bodies under their control.
12. Whether the cases of grant of financial upgradation allowed under the ACPS between 01.09.2008 and 19.05.2009, the date of issue of the Scheme are be reviewed?
Yes. Since the benefits of ACPS have been discontinued w.e.f. 01.09.2008, the cases settled between 01.09.2008 and 19.05.2009, in terms of previous ACP Scheme shall be reviewed.
13. Whether the past continuous regular service in another Govt. Deptt. in a post carrying same grade pay prior to regular appointment in a new Deptt. without a break shall be counted towards qualifying regular service for the purpose of MACPS?
Yes. ( Para 9, MACPS)
14. Upto what grade pay the benefits under the / MACPS is allowed?
The benefits of MACPS are being up-to HAG scale of Rs. 67000 – 79000/- (DOPT’s O.M.No.35034/3/2008-Estt.(D) dated 24.12.2010)
15. How the cases of pre-revised pay scales (Rs.5000-8000 & Rs.5500-9000 and Rs.6500-10500 & Rs.7450-11500) merged w.e.f. 01.01.2006 are to be decided under MACPS?
The cases would be regulated in accordance with para 5 of Annexure-I of MACPS. The Ministries/Departments are expected to re-organise cadres and frame common RRs for the post in merged scales.
16. Whether ‘Non-functional Scale’ of Rs.8000-13500 (revised to grade pay of Rs.5400 in PB-3) would be viewed as one financial upgradation for the purpose of MACPS?
Yes, in terms of para 8.1 of Annexure-I 01 MACPS dated 19.05.2009.
17. Whether time bound promotion’ scheme including ‘in-situ promotion’ scheme can run concurrently with MACPS?
No. ( Para 13 of MACPS)
18. Whether Staff Car Drive Scheme can run concurrently with MACPS?
DOPT vide O.M.No.35011/03/2008-Estt.(D),30/07/2010 has extended the benefits of MACPS to Staff Car Drivers as a fall back option
19. Whether the placement of erstwhile Gr. D employees as Staff Car Driver, ordinary grade would count as a promotion?
No. The model RRs for Staff Car Drivers provide deputation/absorption as a method of appointment for erstwhile Gr. D employees . The placement as staff Car Driver is not in the hierarchy hence the same would not be counted as promotion under MACPS. The regular service for the MACPS would be from the date of appointment as Staff Car Driver.
20. Whether designation classification or higher status would change on account of financial upgradation under MACPS?
There shall be no change in the designation classification or higher status on grant of financial upgradation under MACPS, as the upgradation under the Scheme is purely personal and merely placement in the nexl higher grade pay. (Para 16 of Annexure-l of MACPS refers)
21. If a financial upgradation under the MACPS is deferred due to the reason of the employees being ‘unfit’ or due to departmental proceedings, etc, whether this would have consequential effect on the subsequent financial upgradation?
Yes, this would have consequential effect on the subsequent financial upgradation, which would also get deferred to the extent of delay in grant of financial upgradation. ( MACPS, Para 15)
22. Whether the stepping up of pay would be admissible if a junior is getting more pay than the senior on account of grant of financial upgradation under MACPS?
No stepping up of pay in the band or grade pay would be admissible with regard to junior getting more pay than the senior on account of pay fixation under MACPS. Para 10 of OM dated 19/5/2009
23. Whether the regular service rendered by an employee if declared surplus in his/her organisation and appointed in the same grade pay or lower grade pay shall be counted towards the regular service in a new organization for the purpose of MACPS?
Yes. (refer para 23 of Annexure-l of MACPS)
24. In case of transfer including unilateral transfer own request, whether regular service rendered in previous organisation/office shall be counted alongwith the regular service in the new organization for the purpose of MACPS?
Yes. OM No.35034/3/2008-Estt(D) dated 01/11/2010
25. If a regular promotion has been offered but was refused by the employees before becoming entitled to a financial upgradation under the MACPS, whether financial upgradation shall be allowed to such a Government servant?
If a regular promotion has been offered but was refused by the Government employee before becoming entitled to a financial upgradation, no financial upgradation shall be allowed and as such an employee has not been stagnated due to lack of opportunities. If, however, financial upgradation has been allowed due to stagnation and the employees subsequently refuse the promotion, it shall not be a ground to withdraw the financial upgradation. He shall, however, not be eligible to be considered for further financial upgradation till he agrees to be considered for promotion again and the next financial upgradation shall also be deferred to the extent of period of debarment due to the refusal.( Para 25 of MACPS)
Source: www.persmin.nic.in
CENTRAL ADMINISTRATIVE TRIBUNAL FREQUENTLY ASKED QUESTIONS
DOPT has published a compilation of Frequently Asked Questions(FAQ) regarding functioning of Central Administrative Tribunal
Ans. To provide in-expensive and speedy relief to Central Government Employees in respect of their grievances related to service matters.
Ans. CAT adjudicates disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other local authorities within the territory of India or under the control of Government of India and for matters connected therewith or incidental thereto.
Ans. (1) A person shall not be qualified for appointment as the Chairman unless he it, or has been, a Judge of a High Court: Provided that a person appointed as Vice-Chairman before the commencement of this Act shall be qualified for appointment as Chairman if such person has held the office of the Vice-Chairman at least for a period of two years.
(2) A person shall not be qualified for appointment,-
(a) as an Administrative Member, unless he has held for at least two years the post of Secretary to the Government of India or any other post under the Central or State government and carrying the scale of pay which is not less than that of a Secretary to the Government of India for at least two years or held a post of Additional Secretary to the Government of India for at least five years or any other post under the Central or State Government carrying the scale of pay .which is not less than that of Additional Secretary to the Government of India at least for a period of five years.
Provided that the officers belonging to All India Services who were or are on Central deputation to a lower post shall be deemed to have held the post of Secretary or Additional Secretary, as the case may be, from the date such officers were granted proforma promotion or actual promotion whichever is earlier to the level of Secretary or Additional Secretary, as the case may be, and the period spent on Central deputation after such date shall count for qualifying service for the purpose of this clause;
(b) as a Judicial Member, unless he is or qualified to be a Judge of a High Court or he has for at least two years held the post of a Secretary to the Government of India in the Department of Legal Affairs or the Legislative Department including Member-Secretary, Law Commission of India or held a post of Additional secretary to the Government of India in the Department of Legal Affairs and Legislative Department at least for a period of five years.
Ans. There are 17 Benches of the Tribunal, located throughout the country wherever the seat of a High Court is located, with 33 pision Benches. In addition, circuit sittings are held at Nagpur, Goa, Aurangabad, Jammu, Shimla, Indore, Gwalior, Bilaspur, Ranch’, Pondicherry, Gangtok, Port Blair, Shillong, Agartala, Kohima, Imphal, Itanagar, Aizwal and Nainital.
Ans. As per Section 21 of the Administrative Tribunal Act, 1985 :- (1) A Tribunal shall not admit an application,-
(a) In a case where a final order such as is mentioned in clause (a) of sub- (2) of section 20 has been made in connection with the grievance unless the application is made, within one year from the date on which such final order has been made;
(b) In a case where an appeal or representation such as is mentioned in clause (6) of sub-section (2) of section 20 has been made and a period of six months had expired thereafter without such final order having been made within one year from the date of expiry of the said period of six months.
(2) Notwithstanding anything contained in sub-section (1), where —
(a) the grievance in respect of which an application. is made had arisen by reason of any order made at any time during the period of three years immediately preceding the date on which the jurisdiction, powers and authority of the Tribunal becomes exercisable under this Act in respect of the mater to which such order relates; and
(b) no proceedings for the redressal of such grievance had been commenced before the said date before any High Court, the application shall be entertained by the Tribunal if it is made within the period referred to in clause (a), or, as the case may be, clause (b). of sub section (1) or within a period of six months from the said date, whichever period expires later.
3. Notwithstanding anything contained in sub-section (1) or sub-section (2), an application may be admitted after the period of one year specified in clause (a) or clause (b) of sub-section (1) or, as the case may be, the period of six months specified in sub-section (2), if the applicant satisfies the Tribunal that he had sufficient cause for not making the application within such period.
Source: DOPT
CENTRAL ADMINISTRATIVE TRIBUNAL FREQUENTLY ASKED QUESTIONS
DOPT has published a compilation of Frequently Asked Questions(FAQ) regarding functioning of Central Administrative Tribunal
Ans. To provide in-expensive and speedy relief to Central Government Employees in respect of their grievances related to service matters.
Ans. CAT adjudicates disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other local authorities within the territory of India or under the control of Government of India and for matters connected therewith or incidental thereto.
Ans. (1) A person shall not be qualified for appointment as the Chairman unless he it, or has been, a Judge of a High Court: Provided that a person appointed as Vice-Chairman before the commencement of this Act shall be qualified for appointment as Chairman if such person has held the office of the Vice-Chairman at least for a period of two years.
(2) A person shall not be qualified for appointment,-
(a) as an Administrative Member, unless he has held for at least two years the post of Secretary to the Government of India or any other post under the Central or State government and carrying the scale of pay which is not less than that of a Secretary to the Government of India for at least two years or held a post of Additional Secretary to the Government of India for at least five years or any other post under the Central or State Government carrying the scale of pay .which is not less than that of Additional Secretary to the Government of India at least for a period of five years.
Provided that the officers belonging to All India Services who were or are on Central deputation to a lower post shall be deemed to have held the post of Secretary or Additional Secretary, as the case may be, from the date such officers were granted proforma promotion or actual promotion whichever is earlier to the level of Secretary or Additional Secretary, as the case may be, and the period spent on Central deputation after such date shall count for qualifying service for the purpose of this clause;
(b) as a Judicial Member, unless he is or qualified to be a Judge of a High Court or he has for at least two years held the post of a Secretary to the Government of India in the Department of Legal Affairs or the Legislative Department including Member-Secretary, Law Commission of India or held a post of Additional secretary to the Government of India in the Department of Legal Affairs and Legislative Department at least for a period of five years.
Ans. There are 17 Benches of the Tribunal, located throughout the country wherever the seat of a High Court is located, with 33 pision Benches. In addition, circuit sittings are held at Nagpur, Goa, Aurangabad, Jammu, Shimla, Indore, Gwalior, Bilaspur, Ranch’, Pondicherry, Gangtok, Port Blair, Shillong, Agartala, Kohima, Imphal, Itanagar, Aizwal and Nainital.
Ans. As per Section 21 of the Administrative Tribunal Act, 1985 :- (1) A Tribunal shall not admit an application,-
(a) In a case where a final order such as is mentioned in clause (a) of sub- (2) of section 20 has been made in connection with the grievance unless the application is made, within one year from the date on which such final order has been made;
(b) In a case where an appeal or representation such as is mentioned in clause (6) of sub-section (2) of section 20 has been made and a period of six months had expired thereafter without such final order having been made within one year from the date of expiry of the said period of six months.
(2) Notwithstanding anything contained in sub-section (1), where —
(a) the grievance in respect of which an application. is made had arisen by reason of any order made at any time during the period of three years immediately preceding the date on which the jurisdiction, powers and authority of the Tribunal becomes exercisable under this Act in respect of the mater to which such order relates; and
(b) no proceedings for the redressal of such grievance had been commenced before the said date before any High Court, the application shall be entertained by the Tribunal if it is made within the period referred to in clause (a), or, as the case may be, clause (b). of sub section (1) or within a period of six months from the said date, whichever period expires later.
3. Notwithstanding anything contained in sub-section (1) or sub-section (2), an application may be admitted after the period of one year specified in clause (a) or clause (b) of sub-section (1) or, as the case may be, the period of six months specified in sub-section (2), if the applicant satisfies the Tribunal that he had sufficient cause for not making the application within such period.
Source: DOPT
Monday, 27 August 2012
FREQUENTLY ASKED QUESTIONS (FAQs) ON RTI (AS ON JANURARY 2012)
Q.1. What is Information?
Information is any material in any form. It includes records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force.
Q.2 What is a Public Authority?
A “public authority” is any authority or body or institution of self government established or constituted by or under the Constitution; or by any other law made by the Parliament or a State Legislature; or by notification issued or order made by the Central Government or a State Government. The bodies owned, controlled or substantially financed by the Central Government or a State Government and non-Government organisations substantially financed by the Central Government or a State Government also fall within the definition of public authority. The financing of the body or the NGO by the Government may be direct or indirect.
Q.3 What is a Public Information Officer?
Public authorities have designated some of its officers as Public Information Officer. They are responsible to give information to a person who seeks information under the RTI Act.
Q.4 What is an Assistant Public Information Officer?
These are the officers at sub-divisional level to whom a person can give his RTI application or appeal. These officers send the application or appeal to the Public Information Officer of the public authority or the concerned appellate authority. An Assistant Public Information Officer is not responsible to supply the information. The Assistant Public Information Officers appointed by the Department of Posts in various post offices are working as Assistant Public 2 Information Officers for all the public authorities under the Government of India.
Q.5. What is the Fee for Seeking Information from Central Government Public Authorities?
A person who desires to seek some information from a Central Government Public Authority is required to send, along with the application, a demand draft or a banker’s cheque or an Indian Postal Order of Rs.10/- (Rupees ten), payable to the Accounts Officer of the public authority as fee prescribed for seeking information. The payment of fee can also be made by way of cash to the Accounts Officer of the public authority or to the Assistant Public Information Officer against proper receipt. However, the RTI Fee and the mode of payment may vary as under Section 27 and Section 28, of the RTI Act, 2005 the appropriate Government and the competent authority, respectively, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
Q.6. What is the Fee for the BPL applicant for Seeking Information?
If the applicant belongs to below poverty line (BPL) category, he is not required to pay any fee. However, he should submit a proof in support of his claim to belong to the below poverty line.
Q.7. Is there any specific Format of Application?
There is no prescribed format of application for seeking information. The application can be made on plain paper. The application should, however, have the name and complete postal address of the applicant.
Q.8. Is it required to give any reason for seeking information?
The information seeker is not required to give reasons for seeking information.
Q.9. Is there any provision for exemption from Disclosure of Information?
Sub-section (1) of section 8 and section 9 of the Act enumerate the types of information which is exempt from disclosure. Sub-section (2) of section 8, however, provides that information exempted under sub-section 3 (1) or exempted under the Official Secrets Act, 1923 can be disclosed if public interest in disclosure overweighs the harm to the protected interest.
Q.10. Is there any assistance available to the Applicant for filing RTI application?
If a person is unable to make a request in writing, he may seek the help of the Public Information Officer to write his application and the Public Information Officer should render him reasonable assistance. Where a decision is taken to give access to a sensorily disabled person to any document, the Public Information Officer, shall provide such assistance to the person as may be appropriate for inspection.
Q.11. What is the Time Period for Supply of Information?
In normal course, information to an applicant shall be supplied within 30 days from the receipt of application by the public authority. If information sought concerns the life or liberty of a person, it shall be supplied within 48 hours. In case the application is sent through the Assistant Public Information Officer or it is sent to a wrong public authority, five days shall be added to the period of thirty days or 48 hours, as the case may be.
Q.12. Is there any provision of Appeal under the RTI Act?
If an applicant is not supplied information within the prescribed time of thirty days or 48 hours, as the case may be, or is not satisfied with the information furnished to him, he may prefer an appeal to the first appellate authority who is an officer senior in rank to the Public Information Officer. Such an appeal, should be filed within a period of thirty days from the date on which the limit of 30 days of supply of information is expired or from the date on which the information or decision of the Public Information Officer is received. The appellate authority of the public authority shall dispose of the appeal within a period of thirty days or in exceptional cases within 45 days of the receipt of the appeal.
Q.13. Is there any scope for second appeal under the RTI Act?
If the first appellate authority fails to pass an order on the appeal within the prescribed period or if the appellant is not satisfied with the order of the first appellate authority, he may prefer a second appeal with the Central Information Commission within ninety days from the date on which the decision should have been made by the first appellate authority or was actually received by the appellant.
Q.14. Whether Complaints can be made under this Act? If yes, under what conditions?
If any person is unable to submit a request to a Public Information Officer either by reason that such an officer has not been appointed by the concerned public authority; or the Assistant Public Information Officer has refused to accept his or her application or appeal for forwarding the same to the Public Information Officer or the appellate authority, as the case may be; or he has been refused access to any information requested by him under the RTI Act; or he has not been given a response to a request for information within the time limit specified in the Act; or he has been required to pay an amount of fee which he considers unreasonable; or he believes that he has been given incomplete, misleading or false information, he can make a complaint to the Information Commission.
Q.15. What is Third Party Information?
Third party in relation to the Act means a person other than the citizen who has made request for information. The definition of third party includes a public authority other than the public authority to whom the request has been made.
Q.16. What is the Method of Seeking Information?
A citizen who desires to obtain any information under the Act, should make an application to the Public Information Officer of the concerned public authority in writing in English or Hindi or in the official language of the area in which the application is made. The application should be precise and specific. He should make payment of application fee at the time of submitting the application as prescribed in the Fee Rules.
Q.17. Is there any organization(s) exempt from providing information under RTI Act?
Yes, certain intelligence and security organisations specified in the Second Schedule, are exempted from providing information excepting the information pertaining to the allegations of corruption and human rights violations.
Source : DOPT
WAITING FOR THE POSTMAN TO RING TWICE
http://www.thehindu.com/news/national/article3821884.ece
The Sunday Story The Department of Posts is hard at work on a turnaround plan. But is the pace and mode of change enough? Will it succeed anytime soon in re-engineering services to become competitive and increase revenues?
India has the largest postal network in the world. However, in recent years, growing access to inexpensive telephone systems, and options such as e-mail, have reduced popular dependence on the system — and sent the Department of Posts into the red.
Total volumes, both domestic and international, of letters in physical form and parcels, have grown manifold. But much of it has gone to private operators. The DoP’s market share has fallen significantly.
Ranging from exploiting the vast potential of the post office network in rural areas to using information technology and changing the service and product profile, many measures have been adopted to make a turnaround and to bring it out of the red. Indeed, the results have started showing: in the last fiscal, the DoP recorded the sharpest fall in losses in the last decade. Its revenue surged by 13.62 per cent to Rs. 7,910.51 crore, while the expenditure stood at Rs. 13,705.4 crore. Still, the deficit was Rs. 5,794.89 crore.
The government is seeking to achieve the turnaround through a multi-pronged approach. The seven-fold growth in the number of post offices from 23,344 at the time of Independence to 1,54,866 (as on March 31, 2011) is proving to be an asset.
Most of these post offices, 1,39,040 of them (89.78 per cent), are in rural areas, with the remaining 15,826 in urban areas. The network is being used to increase the reach of various social and financial schemes.
The expansion, especially in rural areas, has also been brought about by opening part-time extra-departmental post offices. Post offices now offer mail, retailing, savings bank, life insurance and remittance services, in addition to delivery of social security benefits such as pensions and wages under the Mahatma Gandhi National Rural Employment Guarantee Scheme. As many as 5.59 crore MGNREGS accounts were opened in post offices, and wages amounting to Rs. 7,860 crore was disbursed to beneficiaries during 2011-12 through 98,491 post offices.
On an average, a post office in India serves an area of 21.23 sq km, and a population of 7,814 people. The 5.6 lakh-strong workforce enjoys a special bond with the masses, especially in the interiors.
Financial models are being altered to lower operational costs. In urban areas, franchisee outlets are being opened where it is not possible to open a regular post office.
The DoP launched Project Arrow “to achieve a big increase in both customer satisfaction and employee satisfaction with India Post.” The project seeks to cover 2,500 post offices by March 2012 and 7,500 post offices during the 12th Plan period. It envisages a pan-India network that is flexible enough to support future applications that will ensure greater accountability and productivity through the use of technology and improve working conditions.
The Mail Lighthouse Project was the second major initiative to be undertaken. It seeks to optimise the mail network. The three-year programme was launched in 2010 to optimise the postal network from collection to delivery; standardise processes with focus on significant quality improvement and reduction in network complexity; and to establish a performance culture using key performance indicators and regular reviews. It also aimed to modernise “the look and feel’’ of the postal services and infrastructure.
To streamline its bread-and-butter area of mail operations and improve the quality of mail-related services, the Mail Network Optimisation Project was initiated in March 2010. This involves the standardisation of processes and development of a performance monitoring system.
The operational network for Speed Post and other categories of mail has been restructured.
The DoP intends to computerise all departmental post offices, mail offices, administrative and other offices and establishments, under its Information Technology Modernisation Programme. This also envisages provision of connectivity through Rural ICT solutions to enable electronic networking of nearly 1,29,500 extra-departmental branch post offices.
With 99.26 per cent of the 25,154 departmental post offices having been computerised by March 31, 2012, the DoP is looking to capitalise on this by making post offices the focal point of delivery of social security schemes.
Its revenue share falling in the core area of mail distribution due to the proliferation of courier companies that took away a large part of the business, and the arrival of cheaper and faster communication options of phones and e-mails that have reduced dependence on paper-based communication, the DoP has also taken to the use of technology to face the challenges.
Telecom Minister Kapil Sibal wants the DoP to address the twin challenges of technological modernisation and diversification. He also observed that while GIS mapping, tracking of mails, automation of sorting services and standardisation of parcels is being worked upon, there is a need to re-engineer the postal service to keep it competitive and increase its sources of revenues. The DoP is using technology to reach out to people, Sachin Pilot, Minister of State for Information and Communications, asserts.
The DoP’s road map for the 12th Plan period indicates that the transformation process for making India Post a pivotal player in the area of communications, logistic and governance has started. But the challenge is to make the best of the enviable network of post offices that has been built up and utilise the personnel who know their turf well and who often have a special bond with the people they serve.
But it is bound to be a long haul, and the challenges before the government are quite steep.
Keywords: Department of Posts, postman, Department of Posts, DoP market share, MGNREGS accounts
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