Meeting Minutes

Ground Rule for Meeting – Ways to Respect the Meeting

• Have a positive attitude

• Turn cell phones off

• Be on time

• Listen

• Take turns talking

• Stay on topic

• If there are problems or concerns, talk to the Committee Chair before or after the meeting.

• Be kind to all the people who attend the meeting

Basic Rules of Meeting

• The Rights of the Organization Supersede the Rights of the Individual Members

• All members are equal and their rights are equal

• A quorum must be present

• The majority rules

• Silence means consent

• One question at a time and one speaker at a time.

• Motions must receive full debate.

• Personal remarks in a debate are ALWAYS out of order

• Once a decision made, an identical motion must not be brought forward at the same meeting

Keeping Minutes

• Minutes are the permanent and legal record of the meeting

• They should be written as concisely as possible

• Head Clerk’s / Superintendent’s duty

• What should be in the minutes?

1. Date/time of meeting

2. List of attendance

3. Brief description of discussions.

4. Recording of all motions

   1. • Include name

      • Who made the motion

      • Who seconded

      • Results of the vote

5. Time of adjournment

Approval of Minutes

• At each meeting, review minutes from prior meeting. Allow for corrections

• Reminder to members of previous decisions and discussions.

Important Points

• Issuing / receiving notice of meeting

• Meeting agenda

• Preparing / collecting information according to agenda

• Prepare the folder one day before the officer attending the meeting

• Be present in the meeting and note the points / instructions given during discussion

• Prepare detail proceedings of the meeting, ensuring compliance.

• Compliance report to be given in next meeting

• Prepare self summarization / tip of discussion points in the meeting

• Prepare attendance sheet and obtaining signature.

• In the long meeting, only the Chairman and Secretary will put their signatures on minutes, members will sign on the attendance sheet.

• But in the decision-making meetings, the signature of all the present members will be taken after writing the proceedings / minutes.

Office Communication

Definition

• Process of sharing or exchange of information, knowledge, among two or more persons through certain signs and symbols.

1. Sender – Who gives the message in any form.

2. Receiver – One who receives the message

3. Message – Exchange of idea / information / instructions / suggestions.

Form of Communication

• Letter

• Endorsement

• Memorandum

• Notification

• Office Memorandum

• Resolution

• Demi-official Letter

• Press communiqué or note

• Un-official Note

• Office Order

Letter

• Formal communication to the Central Government, State Governments, Subordinate offices and other offices;

• Generally not used for correspondence between different departments of the Secretariat of the same Government and between branches of the same office.

• Letter Head : Name of the Government / Department / office

• File number and date of communication

• Name and Designation of the addressee.

• Subject and Reference : The subject will be written in clear terms and will be brief.

• If communication is in reply to a previous letter, than number and date of reference of the previous letter should be mentioned.

• If a number of letters have already been exchanged, than mention reference to the latest main communication on the subject.

• Main text of letter : The language used should be clear, and to the point.

• A separate paragraph should be used for each point

• Signature : At the end put signature and Name, designation & telephone number of the person signing the letter.

Demi Official Letter

• Correspondence between Government officers for an interchange or communication of opinion or information without the formality of the prescribed procedure.

• Generally, it is used when it is desired that a matter should receive personal attention of the individual addressed.

• Addressed personally by name.

• Written in first person singular with the salutation My dear _____________ or dear _______________ .

• Terminated with your sincerely signed by the officer.

• Designation below signature is not mentioned.

Office Memorandum

• • • Generally used for correspondence between the departments of the same Government.

    • Also used in calling for information from or conveying information ( not amounting to an order ) to its employees.

    • Written in the third person and bears no salutation or subscription except for the name and designation of the officer signing it.

    • Generally important Government instructions and clarification etc. are issued in the form of office memorandum.

    • If written under government directions should begin with the words, “The undersigned is directed to…..”

Express Letter

• Communication with out-station parties in some matters warranting urgent attention.

• It is worded just like a telegram but sent through a post office.

Office Order

• communication for issuing instructions meant for internal administration

• e.g. promotion, transfer , penalities, grant of leaves, distribution of work, etc.

• Generally used for issuing certain types of financial sanctions

• Issued in disciplinary cases / अनुशासनात्मक मामलों में उपयोग किया जाता है

• For some work to be done, appointments, transfer, promotions etc.

Notification

• used for notifying the promulgation or amendments of rules and orders etc. by publication in the Gazette.

Endorsement

• Is used when a copy of communication is to be forwarded to subordinate offices / others. It may take the following forms.

• “A copy (with the copy of the letter replied to) is forwarded to…………. for

1. information / सूचनार्थ

2. information and guidance / सूचनार्थ एवं मार्गदर्शन हेतु

3. information and necessary action / सूचनार्थ एवं आवश्यक कार्यवाही हेतु

4. compliance / पालानार्थ

Resolution

• Used for making public announcement of decisions of Government in important matters of policy, e.g., the policy of industrial licensing, appointment of committees or commissions of enquiry.

• Resolutions are also published in the Gazette.

Press Note

• A statement made by government officials, state departments or other government organizations to media for publicizing or broadcasting.

Press Release

• Written by a company, organization or individual and is submitted to the press in a hope that they will publish it.

Press communique

• Intended to serve as a hand-out to the press which may edit, compress or enlarge it, as deemed fit.

Press Statement

• A statement made by an individual, organizational representative to journalists in person.

Press Interview

• It is a recorded conversation, usually conducted by a reporter, in which an individual provides information or expresses his views on a certain topic for use in the reporter or correspondent's article.

Press Conference

• A post press release question answer session between the issuer of press release and journalists.

Fax

• Letter, messages and information can be sent through Fax.

• Urgent letters and messages etc. can be sent through this modes.

• This channel of communication can be used for written correspondence.

• Communicating information can be verified, whether it is reached or not.

• However, copy of the letter, message etc. should be sent by normal postal channel.

Correspondence with LS/RS/Assembly

• Addressed to the Secretary of the Assembly / Parliament and not to the Speaker.

• Communication received from members of Assembly / Parliament should be attended to promptly.

Courtesy and Thanks:

Office of Manual Procedure, GoI, Ministry of Personnel, Public Grievances and Pensions, Department pf Administrative Reforms and Public Grievances.

DoPT and Others

The Sexual Harassment of Women at Work Place Act 2013 (Prevention, Protection and Redressal)

Background

• • In Sep 1992 the most controversial and brutal gang rape at the workplace involved a Rajasthan state government employee Bhavari Devi who tried to prevent child marriage as part of her duties.

  • The organization named 'Vishakha' filed a petition in the Honourable Supreme Court.

  • In the year 1997, the Honourable Supreme Court issued directives as "Vishakha Guidelines“.

Vishakha Guidelines

• • Physical contact

  • A demand or request for sexual favours

  • Sexually coloured remarks

  • Showing pornography

  • Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

  • In line with these guidelines, the Sexual Harassment at Work Place (Prevention, Prohibition and Redressal) Act 2013 was prepared by the Government of India.

The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW)

• Protection against sexual harassment is bound to us because the Indian government has pledged in the Conference on the Elimination of all forms of Discrimination Against Women (CEDAW) on June 25, 1993.

• Article 11 of The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) clarifies that the gender equality can be severely damaged if gender-specific violence is subject to sexual harassment at work.

Reason for Convention

• • Sexual harassment results in violation of the fundamental rights of the woman-

    • 1. Right to equality – Article 14 and 15

      2. Right to practice their own trade or business - Article 19 (1) g

      3. Right to live with dignity - Article 21

  • The number of women involved in the workplace is increasing

  • Women have been working in the organized and unorganized sector

  • To ensure a working environment for women through law, it was felt obligatory by the government

Difference in the Vishakha Guidelines and in this Act

• • Vishakha guidelines are limited to the establishment of a traditional office, whereas in this act

  • Any place visited by the employee for employment including public and private sector (organized and unorganized), hospitals, nursing homes, educational institutes, sports institutes, stadiums, sports complexes and transportation is covered.

  • A clear employer-employee relationship has been clarified,

  • There should be no sexual harassment at any workplace (Section 3.1)

Purpose of the Act

• To provide protection for the prevention and redressal of women's sexual harassment and sexual harassment complaints at the workplace and for matters related to it.

Focus of ACT

• Prohibition

• Prevention

• Redressal

Applicability

• • Extends to whole of India

  • Every organisation who has more than 10 employees.

Aggrieved Women

• • Every woman working in it falls under its perview

  • It does not depend on the age of the woman or the state of employment

  • Be in public or private employment or have clients

  • Visiting schools and colleges or hospitals or recruiters in hospitals

  • Domestic worker

Employer

• • Any department, organization, enterprise, establishment, enterprise,institution, branch or unit of appropriate government or local authority

  • If not specified, any person responsible for the management, supervision or control of the workplace

  • Anyone reaching the workplace.

Workplace

• Any place visited by the employee arising out of or during the course of employment including transportation......

• Organised and unorganised sector

• Govt organisations

• Pvt sector organisations

• Hospitals/nursing homes

• Sports institutes, facilities

• Dwelling or house

• Office parties

• Off sites

• Training

• Client meetings

• Travel for office purpose

• Any place where one visits in the course of due to employment

Sexual Harassment

• • According to the Honorable Supreme Court, the definition of sexual harassment includes:

    • 1. Physical contact

      2. A demand or request for sexual favours

      3. Sexually colored remarks

      4. Showing pornography

  • Similarly:

    • 1. Any other unwelcome physical, verbal or non - verbal conduct of a sexual nature, for example leering, telling dirty jokes, making sexual remarks about a person's body, etc

Forms of Sexual Harassment

• • Quid Pro Quo (this for that)

    • 1. Implies or explicit promise of preferential / detrimental treatment in employment.

      2. Implied or express threat about her present or future employment status

  • Hostile Work Environment

    • 1. Creating hostile, intimidating or an offensive work environment

      2. Humiliating treatment likely to affect her health and safety

Some examples - at work

• From the Handbook of WCD, GoI, 2015

  • 1. Criticizing, insulting, blaming, reprimanding or condemning an employee in public/

    2. Exclusion from group activities or assignments without a valid reason

    3. Statement of damage to a woman's reputation or career

    4. Removing areas of responsibility, unjustifiably

    5. Inappropriately giving too little or too much work

    6. Constantly overruling authority without just cause

    7. Blaming an individual constantly for errors without just cause ।

    8. Repeatedly singling out an employee by assigning her with demeaning and belittling jobs that are not part of her regular duties

    9. Insults or humiliations, repeated attempts to exclude or isolate a person

Committee

• • Internal Complaints Committee where number of employees is atleast 10

  • Committee has the powers of civil courts to collect evidence

  • Complaint committees should try to compromise before initiating the inquiry if requested by the complainants.

Members of the Committee

• • Chairperson - Women working at senior level as employee

  • 2 Members – From amongst employees committed to the cause of women/ having legal knowledge/experience in social work

  • Member - From amongst NGO/associations committed to the cause of women or a person familiar with the issue of Sexual Harassment

Committee procedure

• • Non-compliance fines up to Rs 50,000

  • Repeated departmental enquiry / license / registration cancellation to do business on repeated violations.

  • Enquiry should be completed within 90 days.

  • Action on recommendation of committee within 60 days.

  • If the committee deems fit, talking to the complainant, the matter may be handed over to the police.

Police Report

• • The committee should file a complaint within 7 days for the criminal action under the Indian Penal Code.

  • Sexual harassment is a crime, employers are bound to report crime to the police.

What should be in the complaint ?

• • Description of incident (s)

  • Date (s)

  • Timing

  • Respondent’s Name

  • Parties working relationship

Sexual harassment complaint

• • A written Complaint , within a period of three months from the date of the incident and in case of series if incidents, within a period of three months from the date of last incident.

  • The Committee shall assist the aggrieved person to make the complaint in writing.

  • The Internal committee can extend the period with reasons in writing exceeding not more than 3 months.

  • Legal heir or such other person can make a complaint on account of her physical or mental incapacity or death.

Provision for Grievance Redressal

• Written report is necessary in each option

• Conciliation –

  • 1. at the request of the aggrieved woman before initiating an inquiry to settle the matter

    2. No monetary settlement shall be made as a basis for conciliation and no inquiry will be conducted

    3. Written report is necessary in each option

• Inquiry into Complaint –

  • 1. Summoning and enforcing attendance of any person and examining him on oath

    2. Requiring the discovery and production of documents

    3. Written report is necessary in each option

• Inquiry into Complaint –

  • 1. Inquiry to be completed within 90 days

Inquiry Report and Recommendations

• • To be provided to the employer by the Internal Committee, within 10 days of completion of inquiry and to be made available to the concerned parties.

  • If the committee reaches a conclusion that the allegation against the respondent has not been proved, it shall recommend to the employer that no action is required against the respondent.

  • If the committee reaches a conclusion that the allegation against the respondent has been proved, it shall recommend to the employer.

Recommendations

• • To take action as a misconduct in accordance with the provisions of service rules applicable to the respondent,

  • Where no such service rules have been made, in such a manner as may be prescribed like Counselling; Community service.

  • Financial damages - consider –

    • 1. Mental trauma, pain, suffering and emotional distress caused;

      2. Medical expenses incurred;

      3. Loss of career opportunity;

  • Financial damages - consider –

    • 1. Income and financial status of the respondent.

      2. If the amount is not paid it can be recovered as an arrear of land revenue.

False or malicious complaint

• Only inability to prove the complaint or provide sufficient evidence will not attract legal action against the complainant.

• However, making a false or malicious complaint or making fake or misleading documents is a crime.

• Committee may recommend the employer of the complainant and/or the witness to take action in accordance with the provisions of the service rules or where no such service rules exist, in such manner as may be prescribed.

Legal Provisions

• 354 (A) Sexual Harassment

  • 1. Rigorous imprisonment up to three years, or fines, or both - in criminal cases.

    2. Imprisonment for one year, or fines, or both - in other cases.

• 354 (B) Assault or use of criminal force to woman with intent to disrobe

  • 1. Intent to attack or criminal force on any woman or to harass or force her to be naked

    2. Imprisonment - not less than three years, but which can be extend for seven years

• 354 (C) Voyeurism

  • 1. Voyeurism spying on people engaged in intimate behavior such as undressing, sexual activity, or other actions, generally considered to be a private nature.

    2. In case of first conviction, imprisonment not less than 01 year, but which may extend to 03 years to 07 years.

• 354 (D) Stalking

  • 1. To follow a woman and contact, or attempt to contact such woman to foster personal interaction repeatedly

    2. Imprisonment not less than 01 year but which may extend to 03 years

• 509 Wrong Gesture

  • 1. Utterance of any word, making any sound or gesture, exhibiting any object with an intention to intrude upon the privacy of such woman

    2. Punishment: Simple imprisonment up to 03 years + fine

• 294 Obscene acts and songs

  • 1. Any obscene act in any public place, sings, recites or utters any obscene song, ballad or words, in or near any public place exhibiting any object

    2. Punishment: Simple imprisonment up to 03 months or fine or both

Unwelcome and Welcome Gestures

Conduct Rules – Do’s and Don’ts

Conduct Rules – Do’s

• Do maintain absolute integrity and devotion to at all times.

• Do maintain independence and impartiality in the discharge of duties.

• Do maintain a responsible and decent standard of conduct in private life.

• Do render prompt and courteous service to the public.

• Do observe proper decorum during lunch break.

• Do inform your superiors about your arrest or conviction in a Criminal Court.

• Do keep away from demonstrations organized by political parties.

• Do maintain political neutrality from political parties and political student organisations.

• Do manage private affairs in such a way as to avoid habitual indebtedness or insolvency.

• Do report the full facts of proceedings to the competent authority, if any legal proceedings are instituted against you for the recovery of any debt or for declaring you as insolvent.

• Do act in accordance with the government policies.

• Do observe courtesy and consideration to Members of Parliament and State Legislatures.

• Do communicate information to a person in accordance with the ‘Right to Information Act, 2005’ and the rules made thereunder.

• Do take permission before going on leave.

• Always show respect towards women.

• Do vacate Government accommodation after cancellation of allotment within the prescribed time-limit.

• Do submit an annual return of immovable property, as prescribed by the Govt.

• Do take permission / inform the Govt. within prescribed time-limit about moveable and immoveable property purchased.

• Do intimate to the Government if married or marrying a person other than of Indian Nationality.

• Do remember not to employ a child below the age of 14 years.

Conduct Rules – Don'ts

• Do not enter into any private correspondence with Foreign Embassies or Missions/ High Commission.

• Do not accept lavish or frequent hospitality from any individual, industrial or commercial firms, organizations, etc., having official dealings with you.

• Do not accept any offer of the cost of passage to foreign countries or hospitality by way of free board and lodging there, if such offers are from foreign firms contracting with Government.

• Do not accept invitations to you and members of your family for free inaugural flights offered by any Airlines.

• Do not accept any gift from any foreign firm which is having official dealings.

• Do not encage yourself in canvassing business of Life Insurance Agency, Commission Agency or Advertising Agency owned or managed by the members of your family.

• Do not lend money to or borrow money from or deposit money as a member or agent, with any person, firm or private company with whom you are likely to have official dealings. Do not otherwise place yourself under pecuniary obligation with such person, firm or private company.

• Do not approach your subordinates for standing surety for loans taken from private sources either by you/your relations/friends.

• Do not undertake private consultancy work.

• Do not speculate in any stock, share or other investment.

• Do not purchase shares out of the quota reserved for friends and associates of Directors of Companies.

• Do not bid at any auction of property where such auction is arranged by your own officers.

• Do not stay as guest with foreign diplomats or foreign nationals in India.

• Do not invite any Foreign Diplomat to stay with you as your guest in India.

• Do not accept or permit your wife or dependents to accept passage money or free air transport from a Foreign Mission / Government or Organization.

• Do not bring any political influence in matters pertaining to your service.

• Do not consume any intoxicating drinks or drugs while on duty.

• Do not appear in public place in a state of intoxication.

• Do not indulge in any act of sexual harassment of any women.

• Do not employ children below 14 years of age.

• Do not accept award of monetary benefits instituted by Private Trusts / Foundations, etc.

• Do not make joint representations in matters of common interest.

• Do not indulge in acts unbecoming of a Government servant.

• Do not be discourteous, dishonest and partial.

• Do not adopt dilatory tactics in your dealings with the public.

• Do not convey oral instructions to subordinates. If any oral instruction is issued due to urgency, confirm it in writing as soon as possible.

• Do not practice untouchability.

• Do not associate yourself with any banned organizations.

• Do not join any association or demonstration whose objects or activities are prejudicial to the interest of the sovereignty and integrity of India, public order and morality.

• Do not give expressions to views on Indian or foreign affairs, while visiting foreign countries.

• Do not join or support any illegal strike.

• Do not give or take or abet giving or taking of dowry or demand any dowry directly or indirectly from the parent or guardian of a bride or bridegroom.

• Do not address the higher authority prematurely on the same issue unless it is established that all the points or submission made earlier have not been fully considered by the immediate superior head of office or any other authority at the lowest level competent to deal with matter.

• Do not use your official position or influence directly or indirectly to secure employment for any number of your family in any company or firm.

• Do not acquire or dispose any property without the previous knowledge of prescribed authority.

Video:-

Drafting

Draft

• A Draft means a rough copy of the document that is currently being prepared.

• 'Drafting‘ means composing of official communications of all the notes or orders to be issued after approval by the officer concerned.

• These drafts are usually held for feedback and reviews.

• Should carry the exact messages sought to be conveyed

• Should be clear , concise and incapable of misconstruction.

• Should result in the desired response from the received.

• Should be divided into proper paragraphs, according to the logical sequence or order of ideas expressed in the draft.

• Should contain references to previous correspondence, if any.

• Avoid:

  • 1. Lengthy sentences, abruptness

    2. Repetition of words, observations or ideas.

    3. Offending, discourteous language

Drafting – Check List

• A draft should indicate the following:

  • 1. File Number

    2. The designations and complete postal address of the sender and receiver

    3. Subject of the communication

    4. Number and date of the last communication

    5. The enclosures which are to accompany the fair copy

    6. Urgency grading (By registered post/Spl. Messenger)

Drafting – Important Points

• The name, designation, telephone number, fax number, and e-mail address of the officer, over whose signature the communication is to issue, should invariably be indicated on the draft.

• In writing or typing a draft, sufficient space should be left for the margin and between successive lines to admit additions or interpolation of words, if necessary.

• A slip bearing the words `Draft for approval' should be attached to the draft. If two or more drafts are put up on a file, the drafts as well as the slips attached thereto will be marked `DFA I', `DFA II', `DFA III' and so on.

• Drafts which are to issue as `Immediate' or `Priority' will be so marked under the orders of an officer not lower in rank than a Section Officer.

Procedure for drafting

• There is no need to prepare any draft for those matters which are simple and straight or repetitive in nature, for which standard forms of communication exist.

• In such cases, the clean copy should be submitted for signature only.

• It is not always necessary to wait for the approval of the proposed line of action and the note will be drafted simultaneously by the drafting level officer.

• The higher officer may modify the draft if it does not conform to the approved course of action.

• After the final decision has been taken by the competent authority, his signature will be taken and the case will be considered as authorized; Otherwise, a draft will be prepared and presented to the appropriate higher officer for approval.

• The officer approving the draft shall put his initials.

• He is also expected to pass the order on file simultaneously, which holds the accepted draft. (Also have a fair copy for the office record).

• Initial drafting will be done in black or blue ink.

• At later levels, amendments to the draft can be made by the authorities in green or red ink so that the improvements made can be viewed separately.

References

• https://darpg.gov.in/sites/default/files/CSMOP_0_0.pdf

• http://www.teaboard.gov.in/pdf/Office_Procedure_Manual.pdf

• https://www.lawinsider.com/documents/5vqBnhI4YY3

• https://rajyasabha.nic.in/rsnew/manual/2010/6.13.pdf

• http://210.212.144.213/course_material/e2e3/csss/TEXT/Chapter08.Noting,%20Drafting.pdf

• Reading material, ISTM, DoPT, GoI.

Video: For details, you can watch the following video

Decision Making Cases in Note-Sheet

Note-Sheet

• A note-sheet is a foolscap or legal size sheet of paper on which official note is written to facilitate the disposal of the case.

Note

• The remarks recorded on a case to facilitate its disposal.

• It includes Facts and Figures, Rules, Law, Procedure and precedents, as well as the views of the other authorities who have been consulted.

• It helps the authority in making appropriate decisions by studying the case thoroughly.

Purpose of Note-Sheet

• The work of Government / organization is a continuous process.

• Officers keep coming and going in an office, but in a specified situation, the official work or policy should remain consistent.

• Therefore, it is necessary to have a written record of the action taken in a case in the office so that similar action can be taken in future in such similar cases.

• The "Notes" thus lend consistency and continuity to the actions and decisions of the Government.

• The "Notes" provide a very useful guide to those officers who may have to decide on similar cases in the future as they may refer to the idea and reasoning behind the decision already taken.

Ink to be used in Noting

• These days, notes are often typed and printed. Nevertheless, a time may come when it is necessary to write a note by hand, in such a case, all categories of officers should use blue or black ink to sign the note.

Types of Cases dealt in Note-sheet

• Most of the cases dealt in note-sheet can be divided into the following five categories:

  • • Ephemeral cases

    • Routine & Repetitive cases

    • Action in Correspondence cases

    • Problem Solving cases

    • Planning and Policy cases

Note-sheet - Ephemeral cases

• These cases are also known as “no-Noting” cases.

• The Section Officer should record the reason, in brief, why no action is necessary and file such cases at the dak stage itself.

• Such cases should be kept in the separate file / bundle and destroyed on 31st December of every year.

• These may also be returned in original to the sender recording requisite factual information also, in appropriate cases.

Note-sheet - Routine & Repetitive cases

• In cases of repetitive nature, ‘a standard process sheet’ which suggests a note in standard format should be developed indicating pre- determined points of check.

• In respect of other routine cases, a fair copy of compliance letter should be put up without any noting.

Note-sheet - Action – in - Correspondence Cases

• These cases also do not require detailed noting.

• It would be sufficient if a brief note (a paragraph or so) is recorded indicating the issue under consideration and the suggested action.

Note-sheet - Action – Problem Solving Cases

• In these cases, a detailed note providing maximum information on each aspect will be necessary, even then, the note should be concise and to the point.

• Points to be covered

  • 1. What is the problem and how has it arisen ?

    2. What is the Rule, ‘policy’ or ‘precedent’?

    3. What are the possible solution and which is the best solution? Why?

    4. What will be the consequences of the proposed solution?

Note-sheet - Policy and Planning Cases

• These types of cases would not be large in number in any organization.

• They would, however, require a thorough examination, particularly because important decisions are to be taken at top management level.

• A note in such cases should be structured in the following manner: -

  • 1. Problem: - State the problem. How it has arisen? What are the critical factors?

    2. Additional Information: - Give additional information to size up the problem. The information would be available on the files and other paper in the Section.

    3. If sufficient information is not available to enable thorough examination, it should be collected before attempting a note.

    4. Rule, policy etc: - The correct and updated law position by quoting them in full perspective should be referred to.

    5. Precedents - Precedent cases having a bearing on the issue under consideration should be put up. If there are varying precedents or any precedent differs in certain respects from the case under examination, the difference should be brought out so as to arrive at a correct decision.

    6. Critical analysis: - the case should then be examined on merits answering questions like ‘what are the possible alternative solutions/ which is the best solution?

    7. It should be ensured that views of other Divisions/Ministries etc. are obtained where necessary.

    8. Attention should even be paid to other aspects like the financial and other implications, repercussions, and the modality of implementing the decision and the authority competent to take a decision.

    9. Concluding para: - the concluding para should suggest a course of action for consideration.

    10. In cases where a decision is to be taken by a higher authority like committee, Board etc. the purpose or points on which the choice of such higher authority is sought should be specifically mentioned.

Note-sheet - Referencing

• Referencing is the method in which the process of identifying any document, decision and facts is contained and the note, draft or office copy issued by the office in the past is mentioned.

• It involves

  • 1. Each page (ie, notes, correspondence, appendices for notes, and appendices for correspondence) in each part of the file will be numbered consecutively in separate series with pens.

    2. Blank note-sheet pages, if any, will not be counted.

    3. Every subject of correspondence in a file, whether a receipt or an example, will be given a serial number, prominently displayed in red ink on the top center of its first page.

    4. In referring to the papers flagged ‘PUC’ or ‘FR’ the relevant page numbers will be quoted invariably in the margin.

    5. Their page numbers will refer to other papers in a current file.

    6. Record files and other papers kept with the current file will be marked with alphabetical slips for quick identification.

    7. The record file or collection file will only have one alphabet slip.

    8. If two or more papers contained in the same file or compilation are to be referenced, they will be identified as alphabetical slips with relevant page numbers such as 'A' / 22 n., 'A' / 19 C and Just like that.

    9. In order to identify references to papers contained in other files after removing the leaflets, the number of the file specified will always be quoted in the note.

    10. The corresponding page number, along with the alphabetical slip that is attached to it, will be indicated in the margin.

    11. Similarly, the number and date of orders, notifications and resolutions, and, in the case of acts, rules and regulations, their brief title together with the number of the relevant section, rule, paragraph or clause, referred to will be quoted in the body of the notes, while the alphabetical slips used, will be indicated in the margin.

    12. Specified rules or other compilations should not be retained in a case if those copies are expected to be available with the officer to whom the case is being presented. Such papers, which are not presented with the note, will be indicated in the margin with a pencil.

    13. The reference slips are going to be pinned on the papers to be flagged. When many papers placed in a case have to be flagged, the slip will be spread over the entire width of the file so that every slip is easily visible.

References

• https://rajyasabha.nic.in/rsnew/manual/2010/6.13.pdf

• http://210.212.144.213/course_material/e2e3/csss/TEXT/Chapter08.Noting,%20Drafting.pdf

• Reading material, ISTM, DoPT, GoI.

Video: For details, you can watch the following video

Income Tax – Instructions for D.D.O.

Responsibility of DDO

• Every person responsible for making payment of nature covered by TDS provisions of Income Tax Act shall be responsible to deduct tax.

• In Government offices, it is the responsibility of DDO (Drawing & Disbursing Officer)

DDO Must Do

• Obtain TAN number.

  • 1. This number has to be quoted by the deductor in every correspondence related to Income Tax matters concerning TDS.

• Obtain PAN of the deductee.

  • 1. The tax deducted has to be deposited in the designated banks within specified time.

Computation of Average Income

• The Income Tax chargeable from an employee for the financial year is computed on the ‘Income’ chargeable under salaries.

• Salaries must include income from more than one employer ( former and present employer).

• The present / chosen employer will be required to deduct the tax at source on the aggregate amount of salary (including salary received from the former or other employer).

Deposits / Subscriptions / Deductions

• DDOs to satisfy about the genuineness of particulars related to Deposits / Subscriptions / Deductions and Rebates.

Deposit of Deducted Tax

• DDO have to file a Quarterly Return of the income tax deducted from the employee to the income tax department.

Filing of Returns

• Use challan no. 281 for depositing TDS amount.

• File statements of tax deduction in the prescribed time.

• The due dates for filing of TDS/TCS statement are :

  • 1. First Quarter - 15th of July

    2. Second Quarter - 15th of October

    3. Third Quarter - 15th of January

    4. Fourth Quarter - 15th May

Do’s for Filing of TDS Returns

• Ensure that TDS return is filed with same TAN against which TDS payment has been made & TDS certificate is issued.

• Ensure that correct challan particulars including CIN and amount is mentioned.

• Correct PAN of the deductee is mentioned.

• Correct section is quoted against each deductee record.

• Correct rate is quoted against each deductee record.

Don'ts for Filing of TDS Returns

• Don’t file late returns as it affects deductee tax credit

• Don’t quote incorrect TAN vis-à-vis TDS payments

Failure to furnish Returns

• If a DDO fails to furnish Returns within the time prescribed in Section 200(3)- viz. Quarterly returns in respect of TDS then he shall be liable to pay, by way of fee a sum of Rs. 200/- for every day during which the failure continues.

Payee to furnish PAN

• If the deductee fails to furnish his PAN to the deductor, the TDS shall be deducted @ 20% or the applicable rate, whichever is higher.

Failure to Deposit Deducted Tax

• If a DDO fails to deposit deducted tax within prescribed time limit, then DDO shall be liable to pay:

  • 1. Simple interest at 01% for every month or part of the month on the amount of such tax from the date on which such tax is deductible to the date on which such tax is deducted.

    2. Simple interest at 1.5% for every month or part of the month on the amount of such tax from the date such tax was deducted to the date on which such tax is actually paid.

    3. Such interest, if chargeable is mandatory in nature and, has to be paid before furnishing of Quarterly Return of TDS of respective quarter.

    4. If any person fails to deduct whole or part of the tax at source or fails to pay the whole or part of the tax deducted, he shall be liable to pay, by way of penalty, a sum equal to the amount of tax not deducted or paid by him.

    5. If a person fails to pay to the credit of the Central Government within the prescribed time, the tax deducted at source by him, he shall be punishable with rigorous imprisonment for a term which shall be between 3 months to 7 years along with the fine.

Furnishing Form - 16

• The DDOs are required to furnish a certificate in Form 16 to the payees to the effect that tax has been deducted and to specify therein the amount deducted and certain other particulars.

• If the DDO fails to issue these certificates to the person concerned by the due date, he will be liable to pay penalty, under Section 272-A (2)(g) a sum which shall be Rs.100/- for every day during which failure continues.

Who Should File the Return

• Every person, whose total income exceeds the maximum amount not chargeable to tax, should file annual income tax return irrespective of their tax liability.

References

• Reading material, ISTM, DoPT, GoI.

• Reading material of Income Tax Department, GoI.

Video: For details, you can watch the following video

New Pension Scheme

Responsibility of DDO

• New Pension Scheme was introduced by GoI from 01.01.2004.

• Most of the State Governments introduced it from 01.01.2005.

• The new scheme is a defined contributory pension scheme.

• The new pension scheme have two tiers:

  • 1. Tier – I (Retirement / Pension Account)

    2. Tier-II ( Saving Account)

• Tier – I (Retirement / Pension Account):

  • 1. Non-withdrawable account

    2. Contribution is mandatory for all Government servants, who joins Government service after introduction of NPS.

• Tier-II ( Saving Account):

  • 1. Withdrawal is allowed at any point of time.

    2. Optional and at the discretion of Government servants..

• The existing pension benefits and GPF scheme will not be applicable to the contributory pensioners.

• Employee's contribution 10 percent (basic pay + grade pay + dearness allowance) and equivalent contribution by the government.

• The contribution will start from the next month in which employee has joined the service.

• The contribution will be deducted from each month's salary.

• At present, the facility of 3 withdrawals under special circumstances after 10 years of regular service during the service period is available.

• Appropriation of 60% of the balance amount at the time of retirement (40% of self or family name as annuity)

• Currently about 10 percent interest rate on deposits.

• No deductions in GPF and GPF number will not be allotted.

• Government servant who joins the service after introduction of NPS will give personal information in the prescribed form.

• The concerned drawing and disbursing officer will be responsible for obtaining the above information.

• Drawing and Disbursing Officer will submit the information of government servants in the treasuries and the TO will take action to allot the unique Employee Code and Permanent Account Number (PRAN) to the concerned government servant.

• Drawing and Disbursing Officer will draw the salary of newly appointed government servants from the salary bill separately from the GPF servants.

• Every month, the Treasury Officer will send the Employee Contribution and Government Contribution Directorate Pension Provident Fund N Insurance deducted from the pay bill under IFMS software as per the prescribed procedure.

• If salary is not withdrawn from the Treasury, then it is the duty of the DDO to deposit the contributions in the NSDL account.

Investments

• The Pension contributions of Govt. employees covered by the New Pension System (NPS) are being invested by professional Pension Fund Managers in line with investment guidelines of Government applicable to non-Government Provident Funds.

Fund Management

• Pension Fund Managers for Government sector to perform investment management function under the NPS are:

  • 1. LIC Pension Fund Ltd.

    2. SBI Pension Fund

    3. UTI Retirement Solutions Pension Fund

Supervision- NPS Trust

• NPS Trust is responsible for taking care of the funds under the NPS and the Trust also holds an account with the Bank of India, designated as the NPS Trustee Bank.

• Axis Bank as Trustee Bank is responsible for transfer of funds collected and remittances to PFM.

Transfer of Employee

• Contributions towards NPS for the full month (both individual and government) will be made by the office who will draw salary for the maximum period.

Non-Practice Allowance for Doctors

• The Non-Practice Allowance is counted as ‘pay’ for all service benefits. Therefore, this will be taken into account for working out the contribution towards the NPS.

Technical Resignation

• In cases where Government servants apply for posts in the same or other departments and on selection, they are asked to render technical resignation, the past services are counted towards pension under CCS (Pension) Rules,because the Government servant had originally joined government service prior to introduction of NPS.

Reference

• Reading material, ISTM, DoPT, GoI.

• Reading material of Income Tax Department, GoI.

Video: For details, you can watch the following video

Technical Resignation

General Resignation and Technical Resignation

• A resignation from the service or post entails forfeiture of entire past qualifying service.

• The exception is technical resignation which does not result in forfeiture of past service.

Technical Resignation

• Resignation submitted for other reasons or if competent authority has not allowed him to forward his application through proper channel will, however, not be treated as Technical Resignation.

• This benefit is also admissible to Government servants who applied for posts in same or other Departments before joining Government service and on that account the application was not routed through proper channel.

• The benefit of past service is allowed in such cases subject to the fulfilment of the following conditions:-

  • 1. the Government servant should intimate the details of such application immediately on their joining.

    2. the Government servant at the time of resignation should specifically make a request, indicating that he is resigning to take up another appointment under Government/ Government organisation for which he applied before joining the Government service.

    3. the authority accepting the resignation should satisfy itself that had the employee been in service on the date of application for the post mentioned by the employee, his application would have been forwarded through proper channel.

Technical Resignation – Continuity of Service

• A permanent Government servant appointed in another Government Department/Office has to resign from his parent department unless he reverts to that department within a period of 2 years, or 3 years in exceptional cases.

• Such resignations shall not be deemed to be resignation for the purpose of pension, if admissible.

• As a consequence, continuity of service benefits should be allowed to such employees in the matter of pension, leave, LTC, Pay Protection, GPF Transfer etc. as admissible under the rules.

• In case of ‘Technical Resignation’ of Government servant covered under National Pension System (NPS), the balance standing to their Personal Retirement Account (PRA) alongwith their PRAN will be carried forward to the new office.

Technical Resignation – Pension on the Basis of Past Service

• In cases where Government servants, who had originally joined government service prior to the introduction of NPS, apply for posts in the same or other departments and on selection they are asked to tender technical resignation, the past services are counted towards pension under CCS (Pension) Rules.

Reference

• Reading material, ISTM, DoPT, GoI.

Video: For details, you can watch the following video

The Epidemic Diseases Act

What is Epidemic Diseases Act

• The Epidemic Diseases Act is an act which provides power to exercise for the control and to prevent any epidemic or spread of epidemic in the States or Country, like swine flu, dengue, cholera, COVID, etc.

• Under this act, the states may authorise any of its officers or agency to take such measures if the state feel that the public at large is threaten with an outbreak of any dangerous epidemic.

Epidemic Diseases Act: History

• The colonial government introduced the Act to tackle the epidemic of bubonic plague that had spread in the erstwhile Bombay Presidency in the 1890s.

• Using powers conferred by the Act, colonies authorities would search suspected plague cases in homes and among passengers, with forcible segregations, evacuations, and demolitions of infected places.

Epidemic Diseases Act: Previous Implementations

• In 2009 it was invoked in Pune to combat swine flu.

• In 2015 it was used to deal with dengue and malaria in Chandigarh.

• In 2018 it was enforced to contain the spread of cholera in Gujarat.

• Since the last week of March 2020, the act is being enforced across India to limit the spread of COVID-19.

Epidemic Diseases Act: When it is Enforced

• When the government feels that the general provisions of the law, which are in force, are insufficient to stop the epidemic.

• It gives both Central and State Governments special powers to declare any area "in danger" and take necessary measures to stop spread of such disease.

Section 1: Short title and Extent

• This Act may be called the Epidemic Diseases Act.

• It came into force in 4^th Feb 1897.

• It was amended by GoI on 22 April 2020.

• It extends to the whole of India.

Section 1A: Definition

Violence

• Acts committed against a healthcare service personnel like harassment, harm, injury, hurt, or danger to life, obstruction in discharge of his duties, loss or damage to the property or documents of the healthcare service personnel.

Healthcare Service Personnel

• Doctor, nurse, paramedical workers and community health worker.

• Any other person empowered under the Act to take measures to prevent the outbreak of epidemic.

• Any other person declared as such by the State Government, by notification in the official Gazette.

Property

• clinical establishment

• quarantine facility

• mobile medical unit

• other property related to epidemic healthcare service personnel.

Words and Expressions

• Magistrate – A person exercising powers under the Code of Criminal Procedure, 1973.

• Notification - A notification published in the Official Gazette;

• Prescribed - prescribed by rules made under this Act

• Regulations - regulations made under this Act.

Section 2: Power to take Special Measures

• Empowers state governments/UTs to take special measures and formulate regulations for containing the outbreak of the epidemic disease.

• Power to take special measures and prescribe regulations as to dangerous epidemic disease.

• When at any time the State Government is satisfied that the epidemic disease is spreading, it may take, or require or empower any person to take, such measures, by public notice, to be observed by the public or by any person as it shall deem necessary to prevent the outbreak and spread of such disease and may determine any expenses incurred (including compensation if any) shall be defrayed.

• The State Government may take measures and prescribe regulations for the inspection of persons travelling by railway or otherwise, and the segregation, in hospital, temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected with any such disease.

Section 2A: Power of Central Government

• If any part of the country is visited by, or threatened with, an outbreak of any dangerous epidemic disease, the Central Government may inspect any ship or vessel leaving or arriving at any port or aircraft, bus, train, goods vehicle.

Section 2B: Prohibition of Violence against Health Workers

• No person shall indulge in any act of violence against a healthcare service personnel or cause any damage or loss to any property during an epidemic.

Section 3: Penalty

• It provides penalties for disobeying any regulation or order made under the Act. These are according to section 188 of the Indian Penal Code (Disobedience to order duly promulgated by public servant).

• Any person engaged in any type of an act of violence against a healthcare service personnel, or cause damage or loss to any property during an epidemic is punishable with imprisonment between three months and five years, and a fine between Rs. 50,000 and two lakh rupees.

• This offence may be compounded by the victim with the permission of the Court.

Section 3A: Penalty

• If an act of violence against a healthcare service personnel causes grievous harm, the person committing the offence will be punishable with imprisonment between six months and seven years, and a fine between fifty thousand rupees and one lakh rupees.

• These offences are cognizable and non-bailable.

Section 3B: Compensation

• Persons convicted of offences under the Ordinance will also be liable to pay a compensation to the healthcare service personnel whom they have hurt. Such compensation will be determined by the Court.

• In the case of damage or loss of property, the compensation payable to the victim will be twice the amount of the fair market value of the damaged or lost property, as determined by the Court.

• If the convicted person fails to pay the compensation, the amount will be recovered as an arrear of land revenue under the Revenue Recovery Act, 1890.

Section 3C: Presumption of Certain Offences

• Where a person is prosecuted for committing an offence punishable under this Act, the Court shall presume that such person has committed such offence, unless the contrary is proved.

Section 3D: Presumption of Culpable Mental State

• In any prosecution of an offence which requires a culpable mental state, the Court shall presume the existence of such mental state.

Section 3E: Compensation for acts of violence

• The person so convicted under this act, shall be liable to pay by means of compensation.

Section 4: Protection to persons acting under Act

• No suit or other legal proceeding shall lie against any person for anything done or in good faith intended to be done under this Act.

Indian Panel Code 1860

Section 188

• It deals with “Disobedience to order duly promulgated by public servant”.

• The order could be directing someone to abstain from a certain act or to take certain order with certain property in his possession or under his management.

• The accused must have knowingly disobeyed such order.

• Case 1 –

  • Obstruction, injury, annoyance or risk to any person lawfully employed;

    • Punishment

    • Simple imprisonment up to one month or with a fine of two hundred rupees, or with both.

• Case 2 –

  • Danger to human life, health or safety, riot, or affray

    • Punishment

    • Imprisonment up to six months, or with a fine of one thousand rupees, or with both.

Section 269

• Prescribes punishment for negligent actions which may spread infection of any disease, thereby threatening human life.

• Punishable with imprisonment which may extend to six months and/or fine.

Section 270

• It imposes punishment for malignant actions which may spread any disease dangerous to life.

• The punishment under this section may extend to two years imprisonment and/or fine.

Section 271

• It prescribes punishment for disobeying quarantine rule.

• Such punishment may extend to six months imprisonment and/or fine.

Video: For details, you can watch the following video: