Monday 26 November 2012

PFRDA BILL - 2011

Pension Fund Regulatory and Development Authority (PFRDA) Bill-2011
The Pension Fund Regulatory and Development Authority Bill, 2005 was initially introduced in Lok Sabha in March, 2005 to provide for a statutory PFRDA. However, since the Bill and the official amendments, based on the recommendations of the Standing Committee on Finance, could not be considered by the Lok Sabha, the Bill lapsed on dissolution of the 14th Lok Sabha. 

The Government has announced in the Budget 2011-12 that the revised PFRDA Bill would be moved in the Parliament. Accordingly, PFRDA Bill, 2011 was introduced in Lok Sabha on the 24th March, 2011 to provide for a statutory regulatory body the Pension Fund Regulatory and Development Authority (PFRDA) under the provisions of the Bill. The legislation sought to empower PFRDA to regulate the New Pension System (NPS). The PFRDA Bill, 2011 was referred to the Standing Committee on Finance on the 29th  March, 2011 for examination and report thereon. The Standing Committee on Finance gave its Report on 30th August, 2011. 
The Government decided to accept the recommendations of the Standing Committee on Finance.  Based on the recommendations of the Standing Committee, the official amendments to the PFRDA Bill-2011 a proposal to move these additional official amendments in the ensuing session of the Parliament, was  approved by the Union Cabinet in its meeting held on 4th October, 2012.
The PFRDA Bill, 2011, inter alia, provides for:
(i) Establishing a statutory Pension Fund Regulatory and Development Authority (PFRDA): 
(a) to promote old age income security by establishing, developing and regulating pension funds; 
(b)  to protect the interests of subscribers to various schemes of pension funds.
(ii)  Empowering PFRDA to :
(a) regulate the New Pension System and other pension schemes not covered under any other Act; 
(b) register and regulate pension funds and the central  recordkeeping agency; 
(c) frame investment guidelines for pension funds; 
(d) levy monetary penalties for violations of various  provisions of the PFRDA Act; 
          
(iii)  Imprisonment upto 10 years by courts for contravention of the PFRDA Act, etc. or fine upto Rs. 25 crore or both; and
        
 (iv) Subjecting subordinate legislation to Parliamentary scrutiny.
[http://financialservices.gov.in/PFRDA%20Bill_2011.pdf]

The New Pension System (NPS) has been implemented for various sectors like Central Government, State Government, Private Sector and NPS-Life.  The status of NPS in these sectors as on 10th November, 2012 is as under:-
The number of subscribers is increasing every year in all the sectors.


Sector No. of Subscribers (Figures in lakhs) Assets under Management (Rs. In crores)
Central Government 10.62 14,846
State Government 14.67 7,445
Private Sector 1.64 835
NPS-Life 13.05 344
Total 39.98 23,470

There is no proposal to increase the monthly contribution of subscribers by the Government.  The Government provides matching contribution for the Central Government employees who are covered under the NPS scheme.  In case of NPS Swavalamban accounts, Rs. 1000/- per annum is being contributed by the Government.
NPS Trust consisting of professionals with expertise in the field of Investment and Asset Management has been constituted.  The NPS Trust regularly monitors the performance of the Pension Funder Managers (PFMs) appointed by Pension Fund Regulatory & Development Authority (PFRDA).  PFMs manage the investments of subscribers of NPS in conformity with the Investment Management guidelines prescribed by the NPS Trust.
This information was given by the Minister of State for Finance, Shri   Namo Narain   Meena in written reply to a question in Lok  Sabha today.

PIB

Wednesday 14 November 2012

Negotiating Machinery

Permanent Negotiating Machinery (PNM) , Fort-Nightly meetings (FNM), JCM & CA

Printer-friendly version
  • PNM was set up in the year 1952 and came into force from 1.1.52.
  • It aims to maintain contact with labour and to resolve disputes and differences, which may arise between Railway Labour and Administration.
  • Collective bargaining, across the table negotiations and give and take policy are the main principles behind PNM.
Level of Meetings
  • Railway level : The recognised Union having access to the Divisional Officers and Officers at Zonal Head quarters including GMs.
  • Railway Board level : the Federations with the Railway Board take up Matters not settled at Railway level.
  • Tribunal level : Where agreement is not reached between  the Federation and Railway Board in matters of importance, it is referred to an adhoc Railway tribunal comprising of representatives of Railway Labour and administration presided over by a neutral Chairman.
Periodicity of Meetings
 Division and Extra Division  Once in two months
 Zonal Railways and Railway Board  Once in three months
Subjects for Discussion
  • Disciplinary matters, individual cases of promotionsm transfers etc. cannot be included for discussions.
  • Questions relating to pay scales, allowances etc., will only be discussed between Federations and Railway Board and not at lower levels.
  • Subjects which are within the powers of Officers, are only to be included.
  • Matters not settled at any level may be raised at the next level.
  • 30 new subject are allowed for discussion in a meeting.
  • It would be open to the Government to accept or to reject or to modify the decision of the adhoc tribunal.
  • The Federations should not raise the same issue for two years where the Government has accepted the Tribunal's decision.
  • But in case in which the Government has rejected of modified the decision of the Tribunal the issue can be raised at the end of one year.
FNM
  • Fort-Nightly meetings are conducted at Headquarers by SPO/Labour and by DPO and APO at Division and Extra Division.
  • Issues affecting employees seniority, fixation of pay etc. are discussed and settled in these meeting.
  • Union representatives not exceeding 6 can attend the meeting.
  • SCL is granted to the Unon representatives to attend FNM.
Joint Consultative Machinery & Compulsory Arbitration (JCM & CA)
  • On the recommendation of II pay Commission, the Central Government established a machinery for joint consultation and compulsory arbitration.
  • JCM & CA came into force from October 1968.
  • The objective of the machinery is to promote harmonious relation and for securing cooperation between the  common concern for further increasing  the efficiency in public service.
  • The machinery functions in three tiers.
  • National Council deals with matters affecting Central Government Employees.
  • National Council deals with matters affecting the staff of a particular Ministry. The scope of the council will include all the matters relating to the condition of the service, work and welfare of employees and improvement of efficiency and standards of work. 
  • The scheme provides compulsory arbitration on three subjects viz. pay and allowances, Weekly hours of work or Leave. 
  • Regional Council is not functioning in Railway.
  • Generally outsiders are not permitted to participate in departmental Council. But in Railways not more than two outsiders for each federation are allowed.
  • Number of JCM meetings has been reduced in Railways since the PNM scheme continues side by side. The subjects discussed in the PNM Meetings are not to be discussed in JCM departmental council meetings and vice versa.
National Council
 Official side   5 to 10 members
 Staff side  Up to 30 members
The Head of the respective Ministry will act as Chairman. CRB acts as Chairman in Railways.

Engagement of Course Completed Act Apprentices as substitutes in Group ‘D’ on Indian Railways

GOVERNMENT OF INDIA / BHARAT SARKAR
MINISTRY OF RAILWAYS / RAIL MANTRALAYA
(RAILWAY BOARD)

No. E(MPP)2005/6/1

RBE No.113/2012
New Delhi, dated 05.10.2012

The General Managers,
All Indian Railways including Production Units

Sub: Engagement of Course Completed Act Apprentices as substitutes in Group ‘D’ on Indian Railways
Board vide its letter of even number dated 02.12.2010 (RBE No.171/2010) has clarified that Diploma/Degree holders trained under the Apprentices Act 1961 (as amended from time to time) in Railway establishments can also be considered, (similar to ITI, etc trained Act Apprentices engaged as substitutes) for engagement as substitutes in Group ‘D’ posts within the General Managers’ powers in administrative exigencies subject to their fulfilment of the extant instructions prescribed for such engagement.

Some of the railways have sought further clarifications with regard to procedure/methodology to be adopted for engaging the Degree/Diploma holder Act Apprentices as substitutes in Group ‘D’. The same are clarified as under:

ClarificationIssues raised by the Railways/ units
Whether Diploma/Degree holder Act Apprentices (GOI trainees) imparted training are to be absorbed after 2.12.2010 (i.e. the date from the issue of Board’s letter) or from any other cut-off date
Degree/Diploma holders trained in railway establishments, earlier than the issue of letter dated 02.12.2010 (RBE No.171/2010) cannot be ignored If they are otherwise eligible for being engaged as substitutes in Group ‘D’. Seniority list as maintained for the trained Trade Apprentices should also be maintained for the Degree/Diploma Holders Act Apprentices.
The age bar for absorption of GOI trainees .
The upper age limit for all recruitment to all Group ‘C’ and ‘D’categories Including engagement of substitutes is to be followed as detailed In Board’s letter No.E(NG)II/94/RR-1/29 dated 10.05.1999

Before absorption, whether any examination/screening is necessary as is done in the case of passed out Act Apprentices
The Diploma/Degree holder Act Apprentices can be engaged as substitutes provided they fulfill the criteria as laid down vide Board’s letter No. E(NG)II/2008/SB/SR/15d ated 17.09.2010

Since no papers are available in respect of Diploma/Degree holder Act Apprentices with the Rly Admin except the name and no result is forwarded whether they have completed training by BOAT
The railways should obtain the relevant details/certificates e.g. education qualification, age, etc from BOAT or the institute from where the candidates have been selected for training in the railway establishments and also the Proficiency Certificateissued by BOAT

sd/-
(Anil Wason)
Dy. Director E(MPP)
Railway Board

Source: www.indianrailways.gov.in
[http://www.indianrailways.gov.in/railwayboard/uploads/directorate/mgt_ser/MPP/Act_Apprentice_clarification051012.pdf]