Amendments in the West Bengal Service Rules, Part - I

Government of West Bengal

Finance Department

Audit Branch

NOTIFICATION

No.175-F(P), dated 9th January, 2014.- In exercise of the power conferred by the proviso to article 309 of the Constitution of India, the Governor is pleased hereby to make the following amendments in the West Bengal Services Rules, Part-I, as subsequently amended (hereinafter referred to as the said rules) :-

Amendments

In the said rules:-

(I) in rule 5,-

(a) after clause (10 ), insert the following clauses:-

“(10A) Deputation means any appointment made by transfer on a temporary basis against a sanctioned post outside the regular line and in the public interest.

(10B) Detailment means utilization of service of an employee in any job for a temporary period in the public interest under any Department or office of the Government or in any Company. Corporation, Undertaking and Statutory Body etc.. which is wholly or substantially owned or controlled by the State Government or by any body which is funded by the State Government.”;

(2) in CHAPTER XII:-

(a) for the heading. substitute the following heading:-

“FOREIGN SERVICE, DEPUTATION AND DETAILMENT”;

(b) for the words “foreign service”, wherever they occur, subsiitute the words "foreign service or on deputation.”;

(c) rule 97 shall be renumbered as sub-rule (1) of that rule,-

(i) in sub-rule (I) so renumbered,-

(A) for the words “No Government employee shall be transferred whether within or outside India, against his will.” substitute the following words:-

“Any Government employee may, in the interest of public service, be transferred to foreign service or on deputation within or outside India,”:

(B) for the proviso, substitute the following proviso:“

Provided that in case of transfer to foreign service or on deputation outside India, the consent of the Government employee shall be necessary to his transfer to such foreign service or on such deputation outside India.”;

(ii) after sub-rule (1), insert the following sub-rule:-

“(2) A Government employee may, if the State Government may deem fit and proper to do so to meet the exigency for any job and for optimum utilization of manpower as well as to realize full potential of such Government employee, be detailed in any other Department or office under the Government or in any Company, Corporation, Undertakings, Statutory Government or by any body which is funded by the State Government, for a period not exceeding six months without following the provisions contained in this Chapter or elsewhere in these rules and during such detailment, the terms and conditions of service including drawal of pay and allowances, promotion, sanction of leave, disciplinary control etc., shall remain with the parent cadre controlling authority or Department or office, as the case may be and shall not be any way altered to the disadvantage of

such Government employee and the period of detailment of such Government employee may be extended beyond the period of six months, if the concerned cadre controlling authority, or Department or the office or the Company, Corporation. Undertaking, Statutory Body etc. as above, feels it necessary or at the option of the concerned Government employee.”;

(iii) in Note.- (1). add the following proviso:-

“Provided that in case of a transfer to foreign service or on deputation or by detailment to any Department or office of the Government or in any Company, Corporation, Undertaking, Statutory Body etc., which is wholly or substantially owned or controlled by the State Government or by any body which is funded by the State Government, within the State, of any Government employee, no deputation allowance will be admissible to such Government employee for such transfer.”;

(iv) in Note- (2), for words “without previous consultation with the Finance Department.”. substitute the following words, figure and brackets:-

“in consultation with the Finance Department either prior to issue of the order of transfer or post facto. In case of detailment as mentioned in sub-rule (2), no such consultation will be necessary.”;

(v) in Note.-(4), for the words “after prior consultation”, substitute the word “in”: (3) Omit sub-rule (a) of rule 98.

By order of the Governor,

Sd/-

H. K. Dwivedi

Principal Secy. to the Govt. of West Bengal.

Source:http://www.wbfin.nic.in/writereaddata/175-F.pdf

GRANT OF DEARNESS ALLOWANCES TO THE STATE GOVERNMENT EMPLOYEES W.E.F. 01.01.2014

GOVERNMENT OF WEST BENGAL
FINANCE (AUDIT) DEPARTMENT
NABANNA, HOWRAH-2

No.8840-F(P 2)

Dated, the 16th December, 2013

MEMORANDUM

SUBJECT: GRANT OF DEARNESS ALLOWANCES TO THE STATE GOVERNMENT EMPLOYEES AND FURTHER AD-HOC INCREASE IN THE WAGES OF DAILY RATED WORKERS UNDER THE GOVERNMENT WITH EFFECT FROM JANUARY 01, 2014.

The Governor is pleased to decide that the whole time State Government Employees drawing basic pay (i. e. Band Pay + Grade Pay, NPA, if any) up to Rs. 80,000/- shall draw Dearness Allowances @ 58% with effect from 1st January, 2014. The calculation of Dearness Allowance shall be made taking into account the revised Band Pay, Grade Pay & NPA, if any, but shall not include any other types of Pay.

Notification No.1832-F(P)dt.01.03.2013 Rules for Recruitment in Group C posts.

Government of West Bengal
finance Department
Audit Branch
Writers’ Buildings, Kolkata-700 001

NOTIFICATION

No. 1832—F(P) dt. 01-03-2013 —ln exercise of the power conferred by the proviso to article 309 of the Constitution of India and in partial modification of notification No 6060-F, dated the 25th June, 1979, the Governor is hereby pleased to make the following rules, namely:-

Rules

   1. Short title and commencement— (1) These rules may be called the West Bengal Services (Appointment, Probation and Absorption of Group C Employees) Rules, 2013.

   (2) They shall come into force with effect from the 1st day of March.

   2. Application. (1) These rules shall apply in case of appointment to any post or cadre or service of category belonging to Group C.

   (2) These rules shall not apply to:-

   (a) part-time workers, casual labourers, daily labourers, master roll workers and seasonal labourers;

   (b) such other categories of persons as may be specified front time to time by Government by notification in the Official Gazette;

   (c) Cases of appointment no promotion.

   3. Definitions. — In these rules unless the context otherwise requires,—

   (1) Appointment on probation” means appointment on trial before absorption;

   (2) “Government” means the Govt. of West Bengal;

   (3) “Probationer ‘ means a Government employee appointed on probation.

   4. Mode of appointment: On or after the date of coming into force of these rules, all appointments on entry into posts or cadre or service or category belonging to Group C in the Government service, shall be on probation for a period of three years.

   5. Absorption after probation. —A Government employee shall be absorbed on regular basis on satisfactory completion of the period of probation and for this purpose, the performance of the concerned employee shall be reviewed after completion of each year:
 
   Provided that where passing of departmental or other, examination like computer skill etc. is essential under any existing rules of the concerned Group C post the concerned employee shall have to pass the same within the period of probation:

   Provided further that in case such Government employee fails to pass the departmental or other examination within the period of probation, the period of probation may be extended for further period of one year on the request of the employee

   6. Discharge on non-satisfactory performance during the period of probation.- In case of non-satisfactory performance or failing to pass the departmental examination or other  examination as mentioned in rule 5, the Government employee concerned may be discharged.

   7. Selection procedure.—Selection shall be made on the basis competitive examination to be conducted by the Staff Selection Commission, West Bengal or the Public Service Commission, West Bengal (Clerkship Examination only), as the case may be, by way of following the procedures mentioned in the relevant recruitment rules of the concerned Group C posts or cadre or service or category.

   8. Drawal of salary during the period of probation: During the period of probation only the entry point pay i.e. Basic Pay plus Grade Pay of the concerned Group C posts or service or cadre or category shall be allowed with annual increment @ 3% per annum and medical allowance, if any.

   9. Treatment of probation period after absorption. (1) After abserption on successful completion of the period of probation and passing of such departmental examination wherever applicable, an employee shall be allowed o draw pay in the regular scale related to the concerned posts or service or cadre or category from date of confirmation.

   (2) The period of probation shall be counted or pensionary benefit and shall not counted for Modified Carrier Advancement Scheme (MCAS) or for promotion.

   10. Leave during period of probation. Leave during period of probation shall be allowed as per rule 213 of the West Bengal Service Rules. Part I, applicable for contractual appointment.

By order of the Governor

Sd/-
H.K. Dwivedi
Secy. to the Govt. of west Bengal.

Source:http://www.wbfin.nic.in/writereaddata/GROUP%20C%20RECRUITMENT.pdf

Procedure for refund of money Deposited to GPF Account or Suspense Head of Account in respect of the Officers of All India Services covered under New Pension Scheme.

Government of West Bengal
Finance Department
Audit Branch
Writers’ Buildings, Kolkata-700 001.

No.10263.-F(y)

Kolkata, the 18th December, 2012.

MEMORANDUM

Sub:- Procedure for refund of money Deposited to GPF Account or Suspense Head of Account in respect of the Officers of All India Services covered under New Pension Scheme.

   This Department vide Notification No.1069-F(Y) dated 03.02.2012 prescribed the procedures for the implementation of the ‘New Pension Scheme’ [NPS] of the Government of India applicable for the All India Service [AIS] Officers borne on West Bengal Cadre on or after 01.01.2004.

   In paragraph 1(c) of the said Notification it was stated that “On amendment of the All India Service (Death cum Retirement Benefit) Rules, 1958 and the All India Service (Provident Fund) Rules, 1955,the benefits of the Defined Benefit Pension and General Provident Fund shall not be available to the new recruits. The AIS Officer who is covered under NPS but so far Contributed to General Provident Fund/or any other fund or account, his entire contribution to the General Provident Fund Accounts/ or any other fund or account shall be refunded to him by the concerned DDO in consultation with the DTA and Office of the Pr, A.G.(A&E) WB and that amount may be deposited by the concerned AIS Officer for payment of backlog Contribution to the NPS.”

Notification for holiday(DURGA PUJA) on 26-10-2012

GOVERNMENT OF WEST BENGAL
FINANCE DEPARTMENT
AUDIT BRANCH

No. 8615-F(P)

Date 12.10.2012.

NOTIFICATION

   In partial modification of this Department Notification No. 10972 F(P) dated 07th December, 2011, the Governor is pleased to declare October 26, 2012 as a public holiday in connection with Durga Puja festival for the employees employed in the offices under the Govt. of West Bengal, including all Statutory Bodies, Undertakings, Corporation Local Bodies and Educational Institutions etc.

Loans and Advances of the State Govt - Interest rates and other terms and conditions for the year 2011-2012.

Government of West Bengal
Finance Department
Budget Branch

No.3173-F.B.

Kolkata, the 30th March, 2012

From: A.R. Chakraborty
Special Secretary
Government of West Bengal.

To : The Accountant General (A&E), West Bengal,
(Book II Section), Treasury Buildings, Kolkata — 700 001

Subject:- Loans and Advances of the State Govt - Interest rates and other terms and conditions for the year 2011-2012.

Sir,

   In continuation of this Deptt. Order No. 643 - F.B. dated the 3lst March, 2011, I am directed to say that the Governor has been pleased to fix the following rates of interest for the year 2011-2012 in respect of different categories of loans mentioned below along with other terms and conditions:-

1. Category of borrower and type of loan                                                             Rate of interest per annum

1. Loans to Local Bodies - Municipal Corporations, Municipalities,
Improvement Trusts, Development Authorities, Zilla Parishads,
Anchalic Parishads, Panchayat Samities, Housing Boards etc.                                                          13.00

2. Loans to Co-operative Societies (excluding Loans financed by the NABARD, NCDC etc.)                 10.00

3. Industrial & Commercial Undertakings of the State Government

(a) State Electricity Corporations / State Transport Corporations

(i) Working Capital Loans / Loans for Meeting Cash deficit                                                               13.50
(ii) Loans for other purposes                                                                                                       11 .50

(b) Other Public Undertakings
(i) Working Capital Loans / Loans for Meeting Cash Deficit                                                              13.50
(ii) Loans to WBREDC under RE (MNP)                                                                                          10.00
(iii) Loans to WBREDC under REC                                                                                                  5.50
(iv) Loans for other purpose                                                                                                        11.50

4. Loans for Payment of Sales Tax Arrear to the Sick Units                                                               9.25

5. Industrial and Commercial Undertakings in the Private Sector                                                       12.00

6. Ways & Means Advances / Short term Loans (Recoverable within the year)                                     6.75

7. Other Miscellaneous Loans                                                                                                         11.50

II. Terms and conditions applicable to loans under categories 1 to 7 above as follows:-

I. Recovery of Loan

(a) Rebate:    The interest rates prescribed above assume timely repayments and interest payments and hence no further rebate in rates is to be allowed for timely payments.

(b) Recovery of Principal

   (i) Recoverable within the period to be specified in each case of sanction of loan in equal annual instalments commencing from the first anniversary date of drawal of loan unless a moratorium is allowed.

   (ii) The period for repayment of loans for all parties should be restricted to the minimum possible. Normally, no loan should be granted for a period exceeding 10 years.

   (iii) The period of repayment of working capital loans should preferably be restricted to 2 or 3 years. In no case, however, the period of these loans should exceed 5 years.

   (i) Unless otherwise specified in each case of sanction of loan, interest will be payable annually on the principal amount outstanding from time to time. Moratorium on the payment of interest will not be allowed except under special circumstances of any case. The payment of interest will start from the first anniversary date of drawal of loan.

   (ii) The rate of interest will be 1% lower than the prescribed rate in case of the loans sanctioned for the period not exceeding 5 years.

   (iii) The rate of interest on loans sanctioned in respect of Externally Aided Project including Back to Back out of the loan assistance from World Bank/A.D.B etc. will be same at which it is received. Repayment period of such loans shall be not more than 10 years.

(d) Penalty Clause:  The loan sanctions/agreements should invariably include a penalty clause providing for levy of a penal rate of interest in the event of default in repayment of instalment(s) of principal and/or interest. The penal rate of interest should not be less than 2.50% above the normal rate of interest at which the loan is sanctioned.

   2. This order will, not, however, supersede the rates already fixed for the year 2010-2011 in any individual case of loan. This order will not also affect the special rates, which have been fixed under special circumstances of any case.

   3.  This order will not affect the rate of interest and terms and conditions fixed for the loan under different housing schemes of the State Govt. viz. MIGHS, LIGHS, etc. which are financed by loans from the lending institutions like the LIC, GIC, HUDCO, etc. as well as for the loans to Co-operative Societies financed out of funds provided by NABARD and loans from the NCDC, IDC, etc. In these cases, rate of interest will continue to be fixed separately in consultation with this Department on the basis of the interest rates of the lending institutions and the proposal of the Administrative departments concerned (viz. Housing Department, Co-operation Department, Animal Resource Development Department etc.).

   4. The rate of interest and terms and conditions of repayment of loans and advances by the State Government fixed in this Order will not apply in the case of loans and advances to the Closed and Sick Industries for which terms and conditions should be settled by the Admn. Departments in individual case, if not already done, in consultation with this Department.

   5. I am further to state that the flat rate of interest for all capital expenditure whether financed from loans or not, for the year, 2011 - 2012 has been fixed at 6% per annum.

   6. The Departments are required to keep a close watch on timely repayment of loans advanced by them and recovery of interest thereon. The Departments must consider the question of adjustment of defaulted dues while sanctioning a fresh loan to a borrower who has earlier defaulted.

   7. Individual cases relating to terms and conditions of loan need not be referred to Finance (Budget) Department unless it is proposed to deviate from those laid down in this order or a moratorium on repayment of principal/interest is proposed.

   8. As regards rates of interest on loans and advances to Government servants etc., separate Government orders are being issued.

Yours faithfully,

sd/-
Special Secretary

Source:http://www.wbfin.nic.in/writereaddata/3173-FB%20dt.30.03.12.pdf