Clarification regarding regulation of payment of employer’s share of contribution to the Contributory Provident Fund during the period of reverse deputation.


No. 6/8/2009-Estt.(Pay II)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training


New Delhi, the 15th February, 2012


OFFICE MEMORANDUM


Subject:- Clarification regarding regulation of payment of employer’s share of contribution to the Contributory Provident Fund during the period of reverse deputation.

   The undersigned is directed to refer to this Department’s O.M.No. 6/8/2009-Estt.(Pay II) dated 17th June, 2010 vide which instructions were issued for regulating the terms and conditions of pay, Deputation (duty) allowance etc. on transfer on deputation/foreign service of Central Government employees to ex-cadre posts under the Central Government/State Governments/Public Sector Undertakings/Autonomous Bodies, Universities/UT Administration, Local Bodies etc. and vice-versa.

   2. As per para 7.7 (ii) of the above cited O.M., in the case of deputation on foreign service terms to PSUs etc., leave salary contribution and pension contribution/CPF contribution are required to be paid either by the employee himself or by the borrowing organisation to the Central Govt.


   3. The issue of payment of employer’s share of Contribution to the Contributory Provident Fund in case of reverse deputation has been considered in this Department. It is clarified that in case of reverse deputation the employer’s share of Contributory Provident Fund for the period on deputation to the Central Government will be borne either by the employee himself or the borrowing organization i.e Central Government depending on the terms of deputation. A clear mention of the stipulation on whether the Central Government or the employee would bear the liability may be made in the terms of deputation.


   4. Hindi version will follow.
sd/-
(Mukesh Chaturvedi)
Deputy Secretary (Pay)


Source:http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/6_8_2009-Estt-Pay-II-A.pdf

Grant of Child Care Leave to Civilian Female Industrial Employees of Defence Establishments.

   Based on the recommendation of the VI CPC, Govt. of India accepted and introduced Child Care Leave for Women Central Government Employees vide OM. No.13018/2/2008-Estt(L) dt.11-09-2008.According to this order, the women employees could avail the CCL only after exhausting the Earned Leave if any in their credit. After receiving various representations from Govt Servants/ Federations/Associations, Govt of India reviewed its earlier decision and issued a clarification. According to which, all the establishment has been directed that Earned Leave, if any availed by women employees before availing CCL subsequent to the issue of the OM.13018/2/2008-Esst(L) dt.18-11-2008 may be adjusted against CCL if so requested by the employees.


   The Civilian Female Industrial Employees of Defence Establishment covered by the CCS (leave) Rules 1972 were denied this benefit of CCL, though they are at par with the Non-Industrial Women Central Government Employees Covered by the CCS(Leave) Rules 1972.




   All the Defence Employees Federations taken up the matter to Ministry Level and demanded to grant the CCL to Industrial Women Central Government Employees. Then the matter was subsequently considered and the benefit of Child Care Leave to Civilian Industrial Employees working in Defence Establishments at par with the Non-Industrial Govt Employees covered by CCS (Leave) Rules,1972 has been extended vide Department of Personnel & Training Letter No.12012/2/2009 Estt(L) Dt.20th October 2011. But the order was given effect only from the date of issue of this order i.e. w.e.f. 20-10-2011.Due to which the EL availed by Women Industrial Employees working in Defence Establishments during the period of September 2008 to October 2011 can not be adjusted against CCL. After receiving many representations from women employees, the Federations approached the higher authority to consider this and to issue necessary clarificatory orders to give retrospective effect subsequent to the issue of the OM.13018/2/2008-Esst(L) dt.18-11-2008.Especially the INDWF Federation has represented this issue to the Secretary,DOP&T to review this order. Through its letter, posted in INDWF blog, explained that many Women Industrial Employees working in Defence Establishments during the absence of the benefit of CCL, availed Earned Leave between September 2008 and October 2011 are not been allowed to adjust against CCL and were deprived of the benefit, since the extended benefit was given only w.e.f. 20-10-2011.