FILLING UP BACKLOG VACANCIES RESERVED FOR SCs/STs/OTHER BACKWARD CLASSES (OBCs) (Click the link below for details)
UTTARAKHAND TRAGEDY
CONFEDERATION APPEALS TO ALL CENTRAL GOVT. EMPLOYEES TO DONATE ONE DAY WAGES TO
PRIME MINISTER’S RELIEF FUND
PRIME MINISTER’S RELIEF FUND
Excessive and unexpected rainfall resulting in furious floods has battered beyond measure, the Himalayan hill state of Uttarakhand. Whole villages, stretches of roads and communication links have been affected. More than 1000 persons met with tragic death. Thousands, including those from other parts of the country who were undertaking pilgrimages to religiously significant temples in the region, remain stranded. Hundreds of houses and buildings along the banks of Alakananda and the Bhagirathi has been swept away in Rudraprayag district alone. Thousands have become homeless.
As the magnitude of the tragedy caused in Uttarakhand continues to unfold, Prime Minister Sri. Manmohan Singh has issued an appeal for generous donations to support the victims who have suffered extensive devastation. Prime Minister appealed that - “At this moment, the affected people need our help to tide over the calamity that has fallen upon them, to survive and to rebuild their lives. I request all citizens of India to stand with our distressed fellow countrymen, and actively participate in the national effort to support them at this difficult time”.
It is needless to say that the Central Govt. Employees have an urgent and important role to play in helping the flood victims and we shall have to rise upto the occasion, as in the past when such national calamities occurred. The National Secretariat of the Confederation of Central Govt. Employees & Workers calls upon the entireity of Central Govt. Employees to donate one day’s salary to the Prime Minister Relief Fund and extend our full support to the flood victims to rebuild their lives.
All the Affiliates of the Confederation, State Committees (C-O-Cs) and CHQ Office bearers are requested to make maximum efforts to collect and remit the donations to Prime Minister’s Relief Fund.
(M. Krishnan)
Secretary General, Confederation
OPPOSITION TO THE PROPOSED PRIVATISATION OF ROYAL MAIL
REDESIGNATION OF THE POST OF DDG (PARCEL & LOGISTICS) AS GM (PARCEL & LOGISTICS) AND RESTORATION OF THE POST OF ADG{PARCEL & LOGISTICS (CLICK HERE FOR DETAILS)
Guidelines Given by Mr. M.R.Meenakshi Sundaram, (Retd Supervisor) regarding Employees matter ( Tamil Version)
DBAnalyzer for Sanchay Post dtd 24/06/2013
Revised Exe including Solution AddOn
Solution Documents (Contains instructions)
Last updated on: 24-06-2013
DBAnalyzer has a new feature to generate a consolidated report of all discrepancies in the database. Unzip the additional exe & all the DLL files included in the DBAnalyzer zip file and copy to the DBAnalyzer folder.
NOTE: Generation of Consolidated Report is a TIME CONSUMING PROCESS. All offices are advised to generate this report after completing the daily routines like DAY-END process, Database Backup, etc.
Solution Documents (Contains instructions)
Last updated on: 24-06-2013
DBAnalyzer has a new feature to generate a consolidated report of all discrepancies in the database. Unzip the additional exe & all the DLL files included in the DBAnalyzer zip file and copy to the DBAnalyzer folder.
NOTE: Generation of Consolidated Report is a TIME CONSUMING PROCESS. All offices are advised to generate this report after completing the daily routines like DAY-END process, Database Backup, etc.
Negative List Updation Patch - Updated upto 31/05/2013
This patch file updates the negative list available in Sanchay Post software. To confirm updation, use the "Database Discrepancies >> NSC >> Details of Negative List Updation" option available in DBAnalyzer software.
The file 'NL_20130531.exe' should be copied to DBAnalyzer folder and executed after completion of day's transactions. This will update the negative list upto 31/05/2013 in Sanchay Post.
In addition to Negative List, updations relating to PINCODE details are also done in the database. Hence, execution of this patch will take longer than the usual updation time. System Administrators should ensure that the server is not switched off till successful execution of the patch.
CGHS facilities to the CPWD officers / staff posted in Delhi (PWD) - forwarding of minutes
No.28018/1/2013-EW.I(Pt.)
Government of India
Ministry of Urban Development
Works Division
FTS No.2845
Date : 4/6/2013
Nirman Bhavan, New Delhi,
Dated the 31st May, 213.
OFFICE MEMORANDUM
Subject : CGHS facilities to the CPWD officers / staff posted in Delhi (PWD) - forwarding of minutes.
The undersigned is directed to forward herewith the minutes of the meeting held on 24.5.2013 at 3.00 PM in the Chamber of JS(L&W) regarding CGHS facilities to the CPWD officers/staff posted in Delhi (PWD).
sd/-
(Robin Adaval)
Director (Works)
MINUTES OF THE MEETING HELD ON 24.5.2013 AT 3.00 PM IN THE CHAMBER OF JS(L&W) REGARDING CGHS FACILITIES TO THE CPWD OFFICERS / STAFF POSTED IN DELHI (PWD).
The meeting with regard to the CGHS facilities to the CPWD employees posted in Delhi (PWD) was held as scheduled on 24.5.2013. The following were present:
1. Shri Dharmendra, Jt. Secy. MOUD — On the Chair
2. Shri K.C. Singh, DDG (HQ) CPWD
3. Shri V.P. Singh, Dy. Secy.(CGHS)
4. Dr. B. Gupta, JD(HQ)
5. Dr. P.K. Malik, Addl. Dir. (DGEHS), GNCTD
6. Shri D.Roychowdhury, Dir.(S&D), CPWD
7. Shri Robin Adaval, Director (Works), MOUD
8. Shri R.C. Meena, Spl. Secy. FW GNCTD
9. Shri S.R. Kinra, Director(P), PWD GNCTD
10. Shri J.S. Rawat, Consultant (US FW.I), MOUD
2. At the outset JS(L&W) informed the participants with regard to the CPWD officers/staff posted in Delhi (PWD) not being allowed the CGHS facility though they are Central Government employees. It was clarified that the CPWD employees are posted to Delhi (PWD) as an existing arrangement with the Delhi Government and not on deputation basis and also being UT with legislature.
3. It was clarified by Jt. Director (HQr.), CGHS, M/o H&FW that this issue was examined earlier also and since the CPWD employees posted in Delhi (PWD) receive their salary from the StateAccount, so they are not covered under the CGHS Scheme. Officers drawing pension through Central Pension Accounting Office are being allowed the CGHS facility. DS(CGHS), M/o H&FW, however, further clarified that the CGHS Scheme is meant for the Central Government employees drawing their salary from the Central Civil Estimates. In case the CPWD employees posted in Delhi (PWD) are also drawing their salaries from out of the Central Civil Estimates, extending CGHS facility to them may not be a problem.
4. Addl. Director DGEHS, Govt. of Delhi clarified that the Delhi Govt. Health Scheme is also equally good and is working on the same footing as in the CGHS. It provides almost all facilities to its employees as is being provided under the CGHS.
5. JD(HQ), CGHS, further clarified that in case the CPWD employees are drawing their pension from the Central Pension Accounting office, the CGHS facilities would be extended to each and every CPWD employee. The only requirement would be that they will have to produce the IPO issued by CPAO.
6. It was, therefore, decided that the serving CPWD employees posted with Delhi (PWD) will continue to avail Delhi Govt. Employees Health Scheme, and upon retirement from Delhi Govt. would be allowed CGHS facility on production of the PPO issued by Central Pension Accounting Office.
The meeting ended with thanks to the Chair.
What if a cheque bounces? Here's a guide to the legal recourse available to you
Bounced cheques are one of the most common offences plaguing the financial world. According to the Supreme Court, there are over 40 lakh such pending cases in the country. A cheque can be dishonoured for various reasons, the most common being insufficient funds in the account of the person drawing the cheque, and a mismatch of signatures with the bank records. But what do you do if you land a bad cheque? Here's a step-by-step guide to the legal recourse that is available to you.
Filing a criminal complaint
When a cheque bounces the first time, the bank issues a 'cheque return memo', stating the reasons for non-payment. The holder can resubmit the cheque to the bank within sixmonths of the date on it, if he believes it will be honoured the second time.
The other option would be to prosecute the defaulter legally. The first step is to send a legal notice to the defaulter within 30 days of receiving the cheque return memo. All the relevant facts of the case, including the nature of transaction, amount, date of depositingthe instrument in the bank, and subsequent date of dishonouring, should be clearly mentioned in the notice. If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act. However, the complaint should be registered in a magistrate's court within a month of the expiry of the notice period.
If you fail to file the complaint within this period, your suit will become time-barred and, hence, not be entertained by the court unless you show sufficient and reasonable cause for the delay. On receiving the complaint, along with an affidavit and relevant paper trail, the court will issue summons and hear the matter. If found guilty, the defaulter can be punished with a prison term of two years and/or a fine, which can be as high as twice the cheque amount.
However, the defaulter can appeal to the sessions court within one month of the date of judgement of the lower court. If a prolonged court battle is not acceptable to both the parties, an out-of-court settlement can be attempted at any point. "You can also file a case of cheating under Section 420 of the Indian Penal Code, but the above recourse ispreferred as it is faster and specially dedicated to this particular offence (bouncedcheques)," says Ravi Goenka, advocate, Goenka Law Associates.
Filing a civil suit
While the above-mentioned process is helpful in taking a defaulter to task, it may not always result in recovery of the pending dues. Hence, one can file a separate civil suit for recovery of the cheque amount, along with the cost borne and the lost interest.
Filing a criminal complaint
When a cheque bounces the first time, the bank issues a 'cheque return memo', stating the reasons for non-payment. The holder can resubmit the cheque to the bank within sixmonths of the date on it, if he believes it will be honoured the second time.
The other option would be to prosecute the defaulter legally. The first step is to send a legal notice to the defaulter within 30 days of receiving the cheque return memo. All the relevant facts of the case, including the nature of transaction, amount, date of depositingthe instrument in the bank, and subsequent date of dishonouring, should be clearly mentioned in the notice. If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act. However, the complaint should be registered in a magistrate's court within a month of the expiry of the notice period.
If you fail to file the complaint within this period, your suit will become time-barred and, hence, not be entertained by the court unless you show sufficient and reasonable cause for the delay. On receiving the complaint, along with an affidavit and relevant paper trail, the court will issue summons and hear the matter. If found guilty, the defaulter can be punished with a prison term of two years and/or a fine, which can be as high as twice the cheque amount.
However, the defaulter can appeal to the sessions court within one month of the date of judgement of the lower court. If a prolonged court battle is not acceptable to both the parties, an out-of-court settlement can be attempted at any point. "You can also file a case of cheating under Section 420 of the Indian Penal Code, but the above recourse ispreferred as it is faster and specially dedicated to this particular offence (bouncedcheques)," says Ravi Goenka, advocate, Goenka Law Associates.
Filing a civil suit
While the above-mentioned process is helpful in taking a defaulter to task, it may not always result in recovery of the pending dues. Hence, one can file a separate civil suit for recovery of the cheque amount, along with the cost borne and the lost interest.
This is where a summary suit under Order 37 of the Code of Civil Procedure (1908) comes in. A summary suit is different from an ordinary suit as it does not give the accused the right to defend himself. Instead, the defendant has to procure permission from the court to do so. However, remember that summary suits can be availed of only in recovery matters, be it promissory notes, bills of exchange or cheques. "Since a summary suit is a civil proceeding that does not have the force of a criminal charge, the chances of imprisonment are remote in such matters," says Goenka.
Exceptions
These legal remedies are available only where pending debt or liability can be clearly established. Hence, if a bounced cheque was issued as a donation or as a gift, the holder cannot legally sue the defaulter.
Risk faced by defaulters
A jail term or heavy penalty isn't the only consequence faced by the issuer of a dishonoured cheque. The bank has the right to stop the chequebook facility and close the account for repeat offences of bounced cheques. However, the RBI clearly states that such action can be taken only if the default has taken place at least four times on cheques valued at over Rs 1 crore. Says Aakanksha Joshi, senior associate, Economic Laws Practice: "If the bounced cheque was for repayment of loans, banks also have the collateral offered as security. They are bound to issue a notice before they auction such property to recover the money." According to her, a bank can also deduct money from the defaulter's account if there is an explicit contract giving the bank such a right.
Changes in the pipeline
The option of dragging an offender to court under Section 138 of the Negotiable Instruments Act may not be available for long. If the amendment proposed by an interministerial group—set up last year to look into policy and legislative changes to tackle the large number of pending cases—are accepted, all cases of dishonoured cheques will have to be decided only through arbitration, conciliation or settlement by lok adalats. If the matter is referred to an arbitrator, the latter will hear both the parties and pass an award binding on both. This can only be appealed on grounds that it is invalid or the defendant was not given adequate time to present the case, or was not given notice about the arbitrator's appointment.
If the matter is referred for conciliation, a third person has to help the parties come to a settlement. Lok adalats function on similar lines. In both these cases, if the disputing parties are unable to settle, the matter can be taken to court again.
A jail term or heavy penalty isn't the only consequence faced by the issuer of a dishonoured cheque. The bank has the right to stop the chequebook facility and close the account for repeat offences of bounced cheques. However, the RBI clearly states that such action can be taken only if the default has taken place at least four times on cheques valued at over Rs 1 crore. Says Aakanksha Joshi, senior associate, Economic Laws Practice: "If the bounced cheque was for repayment of loans, banks also have the collateral offered as security. They are bound to issue a notice before they auction such property to recover the money." According to her, a bank can also deduct money from the defaulter's account if there is an explicit contract giving the bank such a right.
Changes in the pipeline
The option of dragging an offender to court under Section 138 of the Negotiable Instruments Act may not be available for long. If the amendment proposed by an interministerial group—set up last year to look into policy and legislative changes to tackle the large number of pending cases—are accepted, all cases of dishonoured cheques will have to be decided only through arbitration, conciliation or settlement by lok adalats. If the matter is referred to an arbitrator, the latter will hear both the parties and pass an award binding on both. This can only be appealed on grounds that it is invalid or the defendant was not given adequate time to present the case, or was not given notice about the arbitrator's appointment.
If the matter is referred for conciliation, a third person has to help the parties come to a settlement. Lok adalats function on similar lines. In both these cases, if the disputing parties are unable to settle, the matter can be taken to court again.
Source : The Economic Times
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