JCA DECIDES TO GO AHEAD WITH THE HUNGER FAST PROGRAMME ON 21.05.2012. NO CHANGE IN PROGRAMME. ACTION TAKEN REPORT IS NOT SATISFACTORY.COM.M. KRISHNAN SECRETARY GENERAL, NFPE, SHRI T.N. RAHATE PRESIDENT FNPO AND OTHER GENERAL SECRETARIES WILL PARTICIPATE IN THE PROGRAMME. M.KRISHNAN S/G NFPE AND D THEAGARAJAN S/G FNPO. THE ACTION TAKEN REPORT IS PLACED BELOW:

Government of India

Ministry of Communications & IT

Department of Posts

(SR Section)

Dak Bhawan, Sansad Marg,

New Delhi-110001.

No. 08/15/2011-SR                Dated the 15th May,2012

To

            Secretary General,

            National Federation of Postal Employees,

            Ist Floor, Post Office Building,

            North Avenue, New Delhi -1.

            Secretary General,

            Federation of National Postal Organizations,

            T-24, Atul Grove Road,

            New Delhi -1.

Subject:-  Undue delay in settlement of agreed items of the strike charter of demands discussed in the meetings dated 10.01.2012 and 12.01.2012 taken by Secretary(P) with Postal Joint Council of Action. 

Sir,

            I am directed to refer to the Department’s letter of even No. dated 02.05.2012 on the above mentioned subject.

2.       An action taken report ad seriatim on the issues referred to by the staff side, is as under:

1. Separate orders communicating the decision that no mail office will be closed for next three years and no dislocation of staff to places outside headquarters.

            Instructions issued vide letter no. 28-8/2011-D dated 14.05.2012, a copy of which is enclosed.

2. Orders communicating the decisions about no closure/merger of post offices if no simultaneous relocation is possible.

            Instructions issued vide letter No.40-6/2011-Plg(Pt) dated 21.2.12

3. Revision of wages of casual labourers & absorption.

            The said Para is confined to the revision of wages of casual labourers.

            The issue involves various policy decisions & as at present, draft memo for the Postal Services Board is at the approval stage.  Further action would be taken after outcome of the decision of the PSB on the issues of revision of wages and absorption.

4. Revised recruitment rules for group-D & postman as agreed and syllabus for group-D examination (25% from GDS) & Postmen/Mailguard.

            Files bearing Nos.37-33/2009-SPB-I and 44-14/2009-SPB-I concerned with the subject matter is already under submission to M/o Law for vetting the draft for amendment in RRs of Postman/MTS.  On receipt of the same from M/o Law, the RRs will be sent to Govt. Press for necessary Gazette Notification.

5. Revision of cash handling norms to GDS & ensuring no reduction of TRCA under any circumstances and enhancing the Bonus ceiling to 3500/- & revise the cash allowance to BPM at the rate of Rs. 50/- per trip instead of month.

            A Committee was constituted to look into the revision of cash handling norms & reduction of TRCA. The Committee has submitted its report, which is under consideration.

            Regarding enhancing the bonus ceiling to Rs. 3500, a proposal has been submitted to Ministry of Finance, Department of Expenditure for approval on 02.03.2012.

            So far as the issue of revision of cash allowance is concerned, the same is not part of the minutes. However, the issue will be examined.

6. Orders revising the instructions liberalizing the powers to the divisional heads instead of circle heads in case of tenure posting to C and B class offices.

Under issue.

7. Reiteration of earlier instructions on the grant of special pay to unqualified Accountants & Counting of Special Allowance for pay fixation without filing SLP against Bangalore High Court Judgement.

            CPMG Karnataka Circle has been asked to file SLP in the Apex Court on the advice of Ministry of Finance, Department of Expenditure.

8. Circulation of clarification given to Punjab Circle to the remaining circles also in respect of protection of pay of defunct PO & RMS Accountants.

            Integrated Finance Wing has sought some further inputs on the issue & action is being taken thereon.

9. Orders on forcible allotment of staff quarters to the town SOs SPMs as post attached quarters.

            Instructions issued vide letter no. 18-9/2010-Bldg. dated 10.5.2012.

10. Non supply of balance statement of NPS to the official as on 31.3.2011.

            The statement of transaction (SOTs) of the subscribers of Central Govt. for the period 1.4.10 to 30.6.11 have already been dispatched to the subscribers in the format approved by PFRDA by NSDL Mumbai vide letter dated 19.9.11.  All the Directors of Accounts (Postal) have been informed about the dispatch of SOT vide letter No.6-5/PA Book-I/NPS Procedure/2011-12/1960-89 dated 18.11.11

11. Enhancement of financial powers to LSG, HSG II & HSG I.

            This is under examination.

12. Enhancing the honorarium for invigilators engaged in departmental examinations.

            The issue of revision of rates of honorarium for Paper Setter, Evaluator etc. for Departmental Examinations has been examined and rates have been revised vide letter No.A.34020/17/2008-DE dated 26.4.2012.

13. Allowing the physically handicapped candidates for appearing IPO examinations.

            Under active consideration in consultation with the M/o Social Justice & Empowerment.

14. Orders on drawal of Cash handling allowance to Treasurers, Accountants irrespective of their position in MACP.

            A reference has been made to the DOPT in this regard.

15. Finalization of cadre review proposals before 31.03.2012.

            The matter is under active consideration and further discussion with the staff side may be held shortly.

16. Payment of incentive instead of honorarium for attending the PLI/RPLI work at divisional offices after decentralization.

            All officials deputed for PLI/RPLI work to RO/CO from Divisions have been asked to be repatriated vide letter No. 30-1/2010-LI dated 27.1.12

            Further, in case of incentive, case has already been processed and is in pipeline.

17. Orders for repatriation of officials deputed for PLI/RPLI work to CO/RO to their home divisions.

            Same as against sr. no. 16 above.

18. Allowing the Postmaster’s cadre officials to appear for IPO/PSS Group-B examination.

            The proposal has been examined and as observed, it does not fall in line with the existing instructions, as these are two different streams.

19. Orders permitting the Postmaster cadre officials to officiate in HSG-I vacancies.

            The matter has been examined.  Not found feasible, as per R/Rules.

20. DO letter from Member(P) to all circle heads to fill up all posts of Sorting Postmen, Mail Overseer, Cash Overseer & Head Postmen.

            Orders issued vide No.37-4/2012-SPB I dated 19.04.2012.

21. Allowing MTS to decline promotion to postmen cadre under seniority quota without losing MACP promotion.

            Will follow shortly.

22. Reiteration of instruction for rotational transfer for SBCO staff by notifying cluster of divisions

            Issued vide No.141-91/2012-SPBII dated 2.4.12.

23. Issue instructions to all for ensuring filling up of all sanctioned LR posts.

            Will follow shortly.

24. Prompt grant of child care leave – issue of instructions.

            Instructions reiterated vide letter No.51-3/2011-SPBII dated 10.5.12.

25. Clarifications to be issued on MACP as agreed upon on the following:

(i)         MACP will not be deferred on the ground of contemplated disciplinary/vigilance proceedings

(ii)       Instructions on review of ACRs/APARs by scrutiny committees

(iii)     Recovery orders by DA(P) in the matter of pay fixation on MACP in case of MTS.

(iv)     Cases relating to declining promotion prior to issue of MACP order (prior to 2009).

            The issue is presently under examination.

26. Issuing clear instructions to all CPMsG that in the city areas where RO/COs are situated decentralization of RPLI/PLI should not be done to city Postal Divisions, instead the work will be done by RO/CO staff as done before.

Permission to Circle/Regional office to accept, process and service the policies relating to their headquarter cities where they were located, issued vide letter no. 30-1/2010-LI dated 27.01.2012.

27. Issuing orders on the items finalized by the Postmen committee and also follow up action on certain items to be referred to work study unit.

            Report of the Committee has been received. The recommendations are under process.

28. Cadre-restructuring and settlement of Group-D and Sorter anomaly issues relating to Postal Accounts.

            Cadre-restructuring:  the proposal sent to Integrated Finance Wing for their concurrence is at present lying with Postal Estt. Branch.Group-D & Sorter anomaly: the information has been called for from all Circle Postal Accounts Offices. On receipt of the same the case will be examined further.

29. Follow up action on civil wing employees’ issues.

            The R/Rules are presently pending with M/o Law & Justice.  Will be notified immediately after it is cleared and further action will be taken.

30. Examination of CRC & EPP norms.

            Logistics Posts: Committee formed to work out the handling norms of Logistics Post has submitted its report. In view of observation of IFA(BD), DDG(Estt) has been addressed to provide extant provision for formulation of handling norms for new/existing service so that recommendations of committee can be further examined.  Reply is awaited from DDG(Estt).

            EPP: a Committee has been formed to work out the handling norms for EPP.  The Committee has carried out preliminary exercise in its first meeting.  Recommendations of the meeting are awaited.

3.       In view of the position explained above, you are requested to withdraw your notice of one day hunger fast for 21.05.2012 and cooperate with the Department in resolving the issues. 

                            Yours faithfully,

                            Sd/

                           (Subhash Chander)

                          Director (SR & Legal)

AN – IMPORTANT CAT DECISION

            Abnormal delay in issuing a charge-sheet to an employee for his omissions and commissions leads to quashing of charge-sheet and also return of recovered money, if any amount is recovered from the charge-sheeted employee

            Facts: While the Applicant was working as Accountant with effect from 21.5.1996 and BCR with effect from 1.7.2007, he was issued with a charge-memo under rule 16 of CCS (CCA) Rules vide Memo, dated 11.12.2008 for a matter which related to October, 1997, i.e. more than 11 years old. A recovery of Rs1, 94,791 was to be recovered as per the order of SPOs, Sitapur, dated 27.03.2009. His appeals were rejected. Hence he filed this OA for setting aside his punishment.

            The Applicant, Accountant-II, states that no undertaking was taken from him in regard to recovery of amount if any amount is paid by him incorrectly and that B. K. Tripathi, Accountant-I is fully responsible for the lapse and an amount of Rs.24,442 only is to be recovered from him. Further, the punishment order is non-speaking and hence liable to be quashed.

            The Respondents sustain their orders based on various instructions of the Ministry of Finance and Chief Postmaster-General of U. P. Circle, Lucknow. They further state that an enquiry was conducted in the misappropriation of money and four persons including the Applicant was found responsible. Out of four, one had retired and another died. Hence no action was taken against them The Applicant and B. K. Tripathi, another employee were found guilty and an amount of Rs. 194791 and Rs. 24,442 respectively are to be recovered from them.

            The Applicant placed reliance on the case of P. V. Mahadevan v. M. D. Tamilnadu Housing Board (2005 AIR SCWs 690), wherein the charge memo was quashed due to inordinate delay. In the case of State of M. P. v. Bani Singh, reported in AIR similar view of delay led to quashing of the charge-sheet. In the case of State of A. P. v. N. Radhakrishnan (1998 (4) SCC 154), it was held that in all situations in respect of delay in conclusion of departmental enquiry may vitiate the proceedings. Following these judgments, the tribunal passed similar orders in O. A. No. 427 of 2006. Jhabbar Yadav v. Union of India and others decided on 16.10.2008.

            The Tribunal considering the delay in this case of 11 years which pertained to a case 11 years back examined the issue of charge-sheet and punishment thereon. The two employees now punished reportedly committed the mismanagement of money and on the pretext of having given and undertaking for recovery, if found guilty is not sustainable. In that connections. It was held:

            Held: “In view of aforesaid discussion, we come to the conclusion that there was an inordinate delay of about 11 years in issuing the charge-sheet for initiating disciplinary proceedings for which there is no proper explanation from the side of the Respondents. Therefore, having regard to the aforesaid preposition of law laid down by Hon. Apex Court (Supra) in the above cases, the disciplinary proceedings in question, deserved to be quashed, including order of recovery against Applicant initiated through charge-sheet, dated 11-12-2008 along with recovery Order, dated 27.03.2009. for the same reasons, the Appellate Order, dated 29.6.2009 is also liable to be quashed and accordingly it is so ordered. It is further directed that the amount already recovered, if any from the pay of the Applicant, shall also be refunded.”

            The OA is allowed accordingly to the above extent.

(Chandrika Prasad v. Secretary, Department of Posts, Dak Bhawan, New Delhi and other 5/2012, Swamynews 61 (Lucknow) date of judgment 25.8.2011)

OA No. 297 of 2009

Courtesy: Swamy News May 2012

IMPLEMENTATION OF RECOMMENDATIONS CONTAINED IN PARA 61 OF 44TH REPORT OF PARLIAMENTARY STANDING COMMITTEE ON HOME AFFAIRS – FOLLOWING A TIME SCHEDULE FOR DISBURSEMENT OF PENSION –REGARDING.

http://circulars.nic.in/WriteReadData/CircularPortal/D3/D03ppw/ppwf_010512.pdf

Minutes of the meeting taken by Secretary (Posts)/Member, Postal Services Board with Postal Joint Council Action on 10.01.2012 and 12.01.2012 to discuss Charter of Demands served by the staff side with notice of indefinite strike from 17.01.2012 – Follow up Action regarding.

D.G. Posts No. 28.08/2011-D dated 14.05.2012.

            This has reference to Directorate Memo No. 08-15/2011-SR dated 16.01.2012 on the subject noted above vide which minutes of the meeting taken by Secretary (P)/Members, Postal Services Board with Postal Joint Council of Action were issued.

2.         In pursuance of the minutes issued with respect to Mail Network Optimization Project in the memo under reference, Level 2(L 2) mail offices will not be closed for the next three years starting from January, 2012. However, in some extra-ordinary or unforeseen circumstances, if it becomes necessary to close or merge a L 2 mail office, this issue would be discussed with the staff side. Accordingly, in ordinary circumstances, the officials working in the mail office may not be transferred out to another city/town unless they have given willingness to this effect. However, transfer of officials relating to rotational transfer in normal course, or ordered in administrative interest will continue to be carried out as per relevant extant rules/instructions. This memo will have no bearing in such cases, and would apply only in case of closure/merger of a mail office.

3.         The present status of L 2 mail offices in metro cities (other than those in Delhi and Kolkata) will not change for the next two years starting January 2012. When AMPCs will be installed in these cities, the matter relating to consolidation of mail offices will be discussed with the staff side.

Sd/-

(Rishikesh)

Director(Mail Management)

CHILD CARE LEAVE (CCL) IN RESPECT OF CENTRAL GOVT. EMPLOYEES.

D.G. Posts No. 51-3/2011-SPB-II dated 10^th May, 2012.(Addressed to All the Heads of Circles)

 I am directed to refer to this office letter of even number dated 15.6.2011 on the subject mentioned above and to say that Unions, in the meeting with Secretary (Posts) on 10.1.2012 and 12.1.2012, pointed out that the instructions issued vide ibid letter are not being followed strictly.

            It is, therefore, again requested to please ensure that the cases of grant of Child Care Leave are liberally dealt with as per the instructions of Government of India as mentioned in the letter referred to above.

Sd/-

(Raj Kumar)

Director (Staff)

ALLOTMENT OF STAFF QUARTERS TO PMS/SPS-REGARDING.

 D.G. Posts No. 18-9/2010-Bldg. dated 10.05.2012. (Addressed to All the Heads of Postal Circles)

            I am directed to refer to the department’s letter of even no. dated 28.03.2011, enclosing herewith instructions issued vide letter no. 7-6/99-Bldg. dated 13/14.12.2001. The part (C) of the instructions pertains to ‘allotment of post attached/rent free residential accommodation’.

2.         It has been brought to the notice of the Department that in some circles, there has been resentment among the PMs/SPMs on being forced to accept quarters that are not in the premises of post offices, as post attached quarters. The matter has been under consideration in the Department for some time.

3.         It is hereby clarified that the quarters, which are within the premises/building of the post offices, need only be declared as post attached quarters; which the PMs/SPMs are bound to occupy. However, in other cases, i.e. quarters which are not in the premises/building of the post office, it may be left to the discretion of the concerned Pos/SPMs whether to accept or not accept such quarters.

4.         This may kindly be brought to the notice of all concerned for information, guidance and necessary action.

5.         This issues with the approval of Member (Planning).

Sd/-

(Subhash Chander)

Director(SR, Legal & Estates)

DEPARTMENTAL PROCEEDINGS AGAINST GOVERNMENT SERVANTS - PROCEDURE FOR CONSULTATION WITH THE UNION PUBLIC SERVICE COMMISSION (UPSC). {CLICK LINK BELOW FOR DETAILS)

http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/39034_07_2012-Estt-B-15052012.pdf

ORGANIZATIONAL RESTRUCTURING IN THE DEPARTMENT OF POSTS SUBJECT: ORGANIZATIONAL RESTRUCTURING D.G. Posts No. : 23-1/2012-PE – II, Dated: 10th May, 2012

Dear Sir/Madam,

                 With the approval of the Secretary a Committee for Organizational Restructuring in the Department of Posts has been constituted under the Chairmanship of Shri Ashutosh Tripathi, CPMG, Madhya Pradesh Circle.  The Terms of Reference of the Committee are:

a)    To revisit the norms for creation of new Postal Divisions and Regions as well as upgradation of Class II Division into Class I Division

b)    To study the feasibility of organizational restructuring of field formations (Circle and below) keeping in view the emerging needs for India Post in the new socio-economic environment;

c)      Review of norms for upgradation of Post offices;

d)   To study the feasibility of strengthening / creation of Postal Assistants /Sorting Assistants Posts in view of the increased need of Systems Administrators;

e)   Any other relevant issue as may be assigned by the Competent Authority later.

 2.         The Committee is at present examining the feasibility of Organizational Restructuring of field formations (Circle and below) keeping in view the emerging needs for India Post in the new socio-economic environment as well as induction of technology in the Department.  While deliberating on this, the Committee has decided to obtain valuable inputs from the concerned stakeholders. 

  3.         In the light of the above, you are requested to kindly provide your considered views on what, according to you are the problems (both administrative and operational) in the current Organizational set up and what could be the possible revised structure for all category of Offices that could address these problems  with the given human & financial resources.

4.         On the basis of various discussions that the Committee Members have held with the other Officers, possibility of creation of Vertical Silos has also emerged.  You may also give your views on this clearly identifying the possible Silos given the nature of the work in the Department of Posts not only as per the current scenario but also the possible one in the next decade; along with their possible structures; responsibility, financial; and reporting system etc.  The possibility of extending the Silos till the Head Post Office may also be considered.

5.         Your views/comments on the above may kindly be sent so as to reach us latest by 21^st May, 2012.

With Warm Regards.

Yours sincerely,

        Sd/-

(Kalpana Rajsinghot)

Dir(Estt & DE) and Member, Secretary

REVISED PROCEDURE, SCHEME AND SYLLABUS FOR FILLING UP OF THE POST OF POSTAL ASSISTANTS/SORTING ASSISTANTS.

https://docs.google.com/file/d/0BxNEVCvnmZdeZzhIc1dKdDRGV2s/edit?pli=1

DEPARTMENT ADDRESSED TO NFPE ON SUPPLY OF GOOD QUALITY OF UNIFORM TO THE POSTAL EMPLOYEE, ETC. SUBMISSION OF SAMPLES OF CLOTH-REGARDING.

Government of India

Ministry of Communications &IT

Department of Posts

Dak Bhawan, Sansad Marg

New Delhi

No. 23-5/2007-UPE    Dated 9^th May, 2012.

To

            The Secretary General,

            National Federation of Postal Employees,

            1^st Floor North Avenue P.O.  Bldg.

            New Delhi

           

Sub: Supply of good quality of uniform to the Postal Employee, etc. Submission of   samples of cloth-Regarding.

Sir,

            Postal Joint Council of Action and JCM of Department of Posts have raised following demand in their agenda items:

(i)         Supply of good quality of cloth of uniform

(ii)        Replacement of umbrella with rain coat for Postmen.

(iii)       Grant of uniform kit maintenance allowance for uniform, staff.

            The matters have been examined in consultation with Department of Personnel &

Training (DOPT) vide OM No. 14/1/2012-JCA2 dated 7.2.2012 (Copy enclosed) and necessary instructions to that effect has since been issued to the Heads of Circles of Department of Posts vide letter of even number dated 9^th May, 2012 (Copy enclosed). This is for your information.

Yours faithfully

Sd/-

(R.B. Chawla)

Director (E&MM)

Copy to:

1.         General Secretary, All India Postal Employees Union,

 Postmen & Group D/MTS, 17/3-D , Kali Bari Marg, New Delhi.

2.         General Secretary, National Union of Postal Employees

 Postmen &Group D/MTS, Dalvi Sadan, Khurshid Square,

Civil Lines, P&T Colony Delhi-110 054

SUPPLY OF GOOD QUALITY OF UNIFORM TO THE POSTAL EMPLOYEE, ETC.  OF CLOTH-REGARDING.

D.G Posts No. 23-5/2007-UPE dated 9^th May,2012.

            The Associations of Department of Posts have raised a demand for supply of good quality of uniform to the Postal Employees, replacement of Umbrellas with water proofs to the postmen and grant of Uniform Kit maintenance allowance.

2.         The matter has been examined in consultation with Department of Personnel & Training (DOPT), and the clarifications given by them vide OM No. 14/1/2012-JCA2 dated 7.2.1012 is enclosed for necessary action, which interalia states that” after coming into effect of GFR 2005 this Department has issued an OM No. 14/7/2003-JCA dated 21.11.2005 (copy enclosed), which was in supersession of the earlier instructions, clarifying that the further procurement should be made as per the relevant rules in the new GFR’s 2005. This implies that Ministries/Departments can now decide to procure uniform from anywhere and on rates subject to complying with the provisions of GFR, 2005.”

3.         Regarding eligibility/supply of Umbrellas and replacement of Umbrellas with water proofs, the procedure has been codified in rule 737(X) & (XI) of Postal Manual Volume. I. The Heads of Circles are hereby informed that necessary action in this respect may be taken as per the codified procedure in consultation with the Internal Financial Advisers.

4.         The DOP&T have clarified that common categories of staff, with which DOPT is concerned, no kit maintenance allowance is admissible and they are entitled to washing allowance, if issued with uniform.

Yours faithfully

Sd/-

(R.B. Chawla)

Director (E&MM)

Copy of DOPT O.M. No. 14/1/2012-JCA2 dated 7^th February, 2012 addressed to Shri R.B. Chawla, Director (MM&VP), Ministry of Communications &IT, Department of Posts, New Delhi.

OFFICE MEMORANDUM

Sub:   Supply of good quality of uniform and other kit items to the Postal Employees of Department of Posts-regarding.

            The undersigned is directed to refer to Department of Post’s O.M. No. 23-5/2007-UPE dated 25^th January, 2012 on the subject cited above and No. 23-5/2007-UPE dated 2^ndFebruary, 2012 regarding grant of Uniform and Kit maintenance allowances.

2.         In this connection , it is stated that after coming in to effect of GFR,2005 this Department has issued as OM No. 14/7/2003-JCAdated 21^st November,2005(copy enclosed) , which was in supersession of the earlier instructions, clarifying that the further procurement should be made as per the relevant rules in the new GFR’s 2005. This implies that Ministries/Departments can now decide to procure uniform from anywhere and on rates subject to complying with the provisions of GFR, 2005. 

3.         Regarding replacement of Umbrella with raincoat for Postmen, it is stated that in case of employees not covered under common categories, Ministries administratively concerned should themselves decide the question of issue of uniform and scales/tenure in consultation with the appropriate financial authorities.

4.         In so far as issue relating to grant of Uniform & Kit maintenance allowances to all uniformed staff in Department of Posts is concerned, it is stated that for common categories of staff, with which DOPT is concerned, no such allowance is admissible and they are entitled to washing allowance, if issued with uniform.

Sd/-

(Ashok Kumar)

Deputy Secretary (JCA)

PROCUREMENT OF UNIFORMS (SUMMER/WINTER) FOR COMMON CATEGORIES OF EMPLOYEES IN THE CENTRAL GOVERNMENT MINISTRIES/DEPARTMENTS-REVISED PROCEDURE UNDER THE GENERAL FINANCIAL RULES, 2005-REG.

DOPT O.M. No.  14-7/2003-JCA             Dated 21^st Nov 2005

Reference: Ministry of Finance OM No. 1/12/E.II(A)/94 dated 29.07.2005

            The undersigned is directed to refer to the consolidated instructions issued in the Department OM No 14/8/90-JCA dated 29.6.1990 and further orders issued from time to time dealing with the procedure for procurement and supply of summer/winter uniforms to common categories of Group 'C' and 'D' employees serving in various Ministries/Departments of the Central Government and to say as follows:

2.         Consequent to the coming into force of the new General Financial Rules, 2005 (FGRs), it has become necessary to review and modify the existing procedure for procurement/purchase of summer/winter uniforms for common categories of Group 'C' and 'D' employees serving in various Ministries/Departments of the Central Government so as to bring it in line with the provisions of revised FGRs.  In this connection, it is also relevant to note that vide OM dated 29.7.2005 cited above, the Ministry of Finance(Department of Expenditure) has clarified that the special dispensation from the process of inviting tenders/quotations provided to NCCF/Kendriya Bhandar in DOPT Welfare Division's OM dated 14.7.1981 and 11.4.1994 under chapter 8 of the old GFRs no longer holds good and that purchase/procurement of goods by Government of India offices will now be solely guided by the provisions of GFRs 2005.

3.         In the circumstances, in supersession of the extant instructions regarding procurement of summer/winter uniforms relating to Groups 'C' & 'D' employees in the Central Secretariat Ministries/Departments and its attached and subordinate offices, the purchase procedure to be followed in different exigencies and the relevant rules in the GFRs are outline below:-

(i) Chapter 7 of the GFR's 2005 pertaining to procurement of Goods and Services may be carefully perused to ensure that the procurement/purchase procedure adopted is strictly in line with the prescribed rules.  In this connection attention is specially drawn to some of the following important provisions, details of which may be obtained from the GFR's 2005

Rule 137- Fundamental Principles of Public Buying

Rule 144- Reserved items

Rule 145- Purchase of Goods without Quotation

Rule 146- Purchase of Goods by Purchase Committee

Rule 148-Demand should not be divided  into small quantities to make piece-                         meal purchase

Rule 160-Transparency, competition, Fairness and elimination of Arbitrariness in                     the procurement process

Rule 161 Efficiency, Economy and Accountability in Public Procurement system

(ii) All purchases should be made through a duly constituted Purchase Committee comprising of three members of an appropriate level as decided by the Head of the Department, including one member from the internal Finance Division and two belonging to the Administration Division.  In addition, a fourth member may be associated with the purchase committee, to be nominated by the concerned staff Associations/unions.

(iii) In case of purchase of goods of a value above Rs 15,000/- and upto 1,00,000/-, on each occasion, purchase may be made only on the recommendations of a duly constituted purchase committee defined in para (ii) above, and as decided by the Head of the Department.  The committee will survey the market to ascertain the reasonableness of rate, quality and specifications and identify the appropriate supplier.  Also, before placing the purchase order, the members of the committee will jointly record a certificate and authenticate it, as under

"Certified that we, S/Shri-------------- members of the purchase committee, are jointly and individually satisfied that the goods recommended fore purchase are of the requisite specification and quality, priced at the prevailing market rate and the supplier, recommended is reliable and competent to supply the goods in question."

(iv) Subject to the exceptions incorporated in Rules 151 and 154 of GFR's 2005, invitation to tenders by advertisement should be used for procurement of goods of estimated value of Rs 25 lakhs and above

(v) In case of Ministry/Department directly procedure DGS&D rate contract goods from suppliers, the prices to be paid for such goods should not exceed the rate mentioned in the rate contract and the other terms and conditions of purchase should also be in line with those specified in the rate contract. In addition, the Ministry/Department has to make its own arrangement for inspection and testing of the goods, where so required.

3.         While observing the above change in procedure, the purchase committee/competent Authority may also keep in view the provisions of Rule 144 of the GFRs, 2005, that reads as under:-

"Rule 144, Reserved Items: The Central Government, through administrative instructions, has reserved all items of handspun and hand-woven textiles(Khadi goods) for exclusive purchase from Khadi Village Industries Commission (KVIC), it has also reserved all items of handloom textiles required by Central Government departments for exclusive purchase from KVIC and/or the notified handlooms units of ACASH(Association of Corporations and Apex Societies of Handlooms),  The Central Government has also reserved some items for purchase from registered Small Scale Industrial Units.  The Central Departments or Ministries are to make their purchases for such reserved goods and items from such units as per the instruction issued by the Central Government in this regard"