M. P. Government

Objective

• After retirement of government servant, receiving additional resources to make a happy living and family responsibilities.

• This is a social security scheme, which aimed at providing security to the family of government servant (means subscriber), when a government servant suddenly dies.

By whom, the GPF fund is maintained ?

• Office of the Accountant General (Account and Entitlement)

• Conformity with the provisions of General Provident Fund Rules, 1955.

Who are the eligible for General Provident Fund ? •Regular or temporarily appointed government employees before January 1, 2005.

• Subscription once fixed shall remain unchanged during the financial year

Whether G.P.F. subscription is mandatory ?

• Monthly subscription is required every month except suspension period and four months before retirement.

• In case of half-pay leave, it is optional to subscribe, but it requires written consent (Rule 10).

What is the minimum rate of subscription ?

• 12 percent of total emoluments (rule 11)

What is the maximum rate of subscription ?

• No more than total emoluments.

Does anyone other than a family member can be nominated for G.P.F. ?

• No

• Only family members as defined in Rule 2-C (i) (a) & (ii) of G.P.F. can be nominated.

• Male Employee:- Wife, Parents/paternal grand parents, legitimate children, minor brothers, unmarried sisters, deceased son’s wife and his children

• Female Employee:- Husband, Parents/paternal grand, parents, legitimate children, minor brothers, unmarried sisters, deceased son’s widow and his children

If there is a negative balance then what is the interest rate?

• If the account is negative, 2.5% additional interest will be applicable alongwith current interest rate (as per rule 15).

Entry of part final withdrawal in service book ?

• Yes, the entry of part final withdrawals is mandatory in the respective employee's service book.

How will the passbook be maintained?

• Instructions regarding permission and withdrawal should be given clearly.

• At the end of the year, the the amount of interest including the calculation shall be entered in the passbook. Every year DDO should verify GPF pass book of every employee.

What are the verified details to be accepted for account correction?

• I.The copy of the verified passbook in which there is a description of dues / withdrawals including voucher number and date.

• II.Photo copy of verified voucher / dues containing the main head, name of the DDO, voucher number and date.

• III.Details verified by Drawing and Disbursing Officer

• IV.Photo copy of cash book, bill register etc.

Is it necessary to minus the advance from the balance even after the accumulation of advance is credited to the account?

• Yes, the withdrawals of advances should be reduced while determining the balance of the account and the recoveries received against the advance will be credited to the account.

When will the correction be reflected in the account of the subscriber?

• At the end of the year, all the corrections made during the year shall be reflected in the accounting statement.

What is the process of filing an online complaint?

• The Online Grievance Redressal can be done on the web site of the Accountant General's office. Example: - www.agmp.nic.in and www.agmp.cag.gov.in

• Problem will be addressed online within one month of lodging complaint online.

What is the process of final payment ?

• In case of retired govt. servant / deceased contributor, the department will complete the application in the prescribed format – fifth schedule and submit the complete document according to the check list and submit it to the Accountant General.

What documents / certificates are required to be attached with the last payment episode?

• The following documents are required: -

  1. Application in the prescribed format, having all entries.

  2. Certified list of part final withdrawals - including the treasury voucher number and date.

  3. Attested copy of G.P.F. book.

  4. Original nomination in the case of the death of the subscriber, if the original nomination is not available then the certificate from DDO and the list of family members, if the subscriber has no family, the succession certificate from the competent court.

Amount on final withdrawal ?

• 90% of balance may be withdrawn within one year from date of retirement

• On superannuation without assigning any reason.

• On resigning from the government, after being appointed in another service, how is PF payment is done ?

• If the subscriber joins the service of another government, then in such a case the interest on the deposit amount will be calculated under rule 14 and money alongwith interest will be transferred.

How will the final payment be made when the subscriber dies?

• On the death of the subscriber the department will submit the application in the prescribed form along with all the certificates. The following documents must be attached with the application: -

  1. Nomination certificate, if the nomination certificate is not available, then its non-availability certificate

  2. Full details of subscriber's family

  3. If the nomination is not filled by the subscriber and the family is not there, the succession certificate from the competent court is must.

If the class IV employee becomes a class III employee, then the employee become GPF subscriber ?

• Yes, after joining the class III post, the application for GPF account allocation should be sent in the prescribed form to the Accountant General, through the department.

• After review, all account numbers will be allocated.

How will the DPF's funds be transferred to the GPF account?

• Upon receipt of account allocation, the proposal for adjustment of DPF in GPF by the department will be mandatory to be forwarded along with the application form having the details of the interest of all the dues / withdrawals of the DPF. At the same time, the accounting certificates of the subscriber and the proof will also be sent. The DPF amount can be transferred to the GPF account after scrutinizing the sheet of dues / withdrawals.

Is it possible to adjust missing documents from oath?

• Where the total balance of the remaining balance is more than Rs. 2500 but less than Rs. 5000, the payment can be authorized on submission of the prescribed format (affidavit).

What to do when there is a negative balance in the final payment ?

• The account should be cleared, even if the balance remains negative, then the the penal interest of 2.5 percent along with the normal interest rate will be deducted.

Video:-

Total Rule 35

• Rule 1 to 3 - General

• Rule 4 to 8 - Classification

• Rule 9 to 21 - Control

• Rule 22 to 32 - Appeal

• Rule 33 to 35 - Other

Rule 1: Short title and commencement

• •These Rules may be called “The M. P. Civil Services (Classification, Control and Appeal) Rules, 1966”

• •These Rules may be called “The C. G. Civil Services (Classification, Control and Appeal) Rules, 1966

Rule 2: Interpretation

Rule 3 : Application

Rule 4: Classification

• State Civil Services, Class I / राज्य सिविल पद प्रथम श्रेणी

• State Civil Services, Class II / राज्य सिविल पद द्वितीय श्रेणी

• State Civil Services, Class III / राज्य सिविल पद तृतीय श्रेणी

• State Civil Services, Class IV / राज्य सिविल पद चतुर्थ श्रेणी

Rule 5: Constitution of Central Civil Services

Rule 6: Classification of Posts

Rule 7: Appointments in Class I or II posts

• All appointments to State Civil Services, Class I and Class II shall be made by the State Government.

Rule 8: Appointments – Other Posts

• All appointments to the State Civil Services Class III and Class IV, shall be made by the authorities specified in this behalf.

Rule 9: Suspension

• Suspension is not a Punishment.

• Separating government servant from duties and responsibilities

• Taking away duties and responsibilities

• Grounds for Suspension

  • 1. Disciplinary proceeding is contemplated or pending.

    2. Activities against the interest of the security of the state.

    3. Criminal offence is under investigation, inquiry or trial.

    4. Continuance in office of the Government servant will be against the wider public interest.

    5. Preliminary enquiry reveals that, a prima facie, penalty of dismissal, removal or compulsory retirement from service might be imposed.

    6. Any offence or conduct involving moral turpitude

    7. Corruption, embezzlement or misappropriation of Government money, possession of disproportionate assets, misuse of official powers for personal gain

    8. Serious negligence and dereliction of duty resulting in considerable loss to Government;

    9. Desertion of duty

    10. Refusal or deliberate failure to carry out written orders of superior officers

• Who can suspend ?

  • 2. 1. Appointing officer

       2. Any other officer under whom appointing officer is working

       3. Disciplinary officer

       4. Any General or Special officer authorized by President or Governor.

  • Over 48 hours of police custody or stay in jail for more than 48 hours because of conviction, the government servant shall be deemed to be suspended.

  • The suspension will be done after the charge sheet is presented in the court.

  • Charge sheet should be given to the suspended Govt. servant by the officer:

    2. 1. Head of the Office – 45 days

       2. Head of the Department – 45 days

       3. Government – 90 days

  • Provided that, 45 days / 90 days have not been increased - Only in Rare Case

  • During the suspension, the rule of half-pay shall apply, the subsistence allowance shall be 50% of Basic Pay for first 03 months. After 03 months, review shall be done and subsistence allowance may be increased by 50% i.e. 75% of basic pay.

  • DA and any other compensatory allowances shall be paid. [FR 53 1(ii) (a)]

  • If the accused does not cooperate, the subsistence allowance can be kept at 50% or it may be reduced - from 50 percent to 40 percent or 30 percent can be done. [FR 53 1(ii) (a)]

  • Why subsistence allowance is paid ? - Article 21 (Part III of the Constitution) - protection of life and personal liberty

  • During the suspension, if the charge sheet has not been issued within 45/90 days, the suspension will be terminated (refuted). If suspension is done for departmental reasons, then only.

  • During the suspension, if the charge sheet has not been issued within 45/90 days, the suspension will be terminated (refuted), but, if necessary, the offender can be re-suspended.

  • If suspension has been done because of prosecution by court, (the condition of repatriation order of 45/90 days shall not apply)

  • During the suspension of any government servant, the maintenance allowance can not be stopped due to absence from HQ, even on without permission.

  • If the competent authority wants, then new charges of indiscipline can be framed in ongoing departmental enquiry.

  • Those government servants who are suspended due to negligence in duties during communal riots, their suspension, before the departmental inquiry is completed, should not be terminated without consulting the General Administration Department.

  • Can advance for procurement of a conveyance be given to a Govt. servant under suspension ? No

  • Administrative impact of suspension

  • Advances cannot be granted.

  • Leave cannot be granted.

  • Govt. servant cannot be sent on training, deputation etc.

  • Resignation of a Govt. servant under suspension/ DE can be accepted only in public interest if:-

    2. 1. charges do not involve moral turpitude.

       2. available evidence is not likely to lead to removal or dismissal.

  • In above cases, resignation can be accepted with the consultation of Law Department.

  • Permission for Voluntary retirement during suspension can be denied by the competent authority.

  • On attaining the age of superannuation, the suspended Govt. servant will be retired. Subsistence allowance shall stop. Govt. servant shall be paid only provisional pension.

  • Leave encashment/ Gratuity can be withheld if there is possibility of some money becoming recoverable as a result of the proceedings.

  • Permission can be given to appear in Departmental Examination, but promotion will be considered only after finalisation of the proceedings.

    1. Suspension Period – Recoveries, Deductions

       2. • Compulsory Deductions to be done:

          • Income Tax

          • House Rent

          • Repayment of loans and advances taken from Govt.— rate of recovery to be determined by Head of Department

          • GIS contributions

    2. Deductions at the option of the suspended officer:

       2. • PLI premium

          • Amounts due to Co-op stores/ Societies

          • Refund of GPF advance

    3. Deduction NOT to be made:

       2. • GPF subscription

          • Amounts due to court attachments

          • Recovery of loss to Government

  • Revocation of suspension

    1. Suspension remains in force till it is revoked.

    2. Order can be revoked at any time by the competent authority.

    3. Suspension automatically comes to an end if penalty of dismissal, removal or compulsory retirement from service is imposed.

    4. If a government servant dies during the departmental enquiry, then the pending disciplinary proceedings against the government servant shall be stopped immediately.

Rule 10: Penalties

• Minor Penalties

• Major Penalties

• The major penalties enjoy protection under Article 311 of the Constitution

• Minor penalties does not enjoy protection under Article 311 of the Constitution. Without the DE, Govt. servant can be punished. But if there is a possibility of imposing penalty for withhold of increment or recovery, the prescribed procedure will be followed.

• Minor Penalties - 04

  • 1. Censure; Warning is not a punishment

    2. With holding the promotion (for a fixed period)

    3. Recovery of loss / damage to the Government (Recovery is always done from the person not from the GPF)

    4. With holding of increment

       • Cumulative – withholding an increment forever

       • Non-cumulative – withholding an increment for limited period. Arrears of suspended period shall not be given.

• Major Penalties - 05

  • 1. Demotion

    2. Reduction in Pay / Salary

    3. Compulsory Retirement

       • • • Pension and gratuity can be reduced - as per officer's discretion.

           • Example – Reduction of 10% or 20% or 25% - Pension or Gratuity

           • Right of holding or withdrawing a pension or recovery from a pension lies with the Governor.

           • PSC shall be consulted

    4. Removal from Services)

       • • The eligibility of pension and gratuity ends. (But can come back in another job in future, in same Govt. or in other Govt.)

    5. Dismissal from Services

       • • The eligibility of pension and gratuity ends. (Can come back in another job in future, in same Govt. or in other Govt.)

Rule 11: Penalties for Class IV Employees

• A penalty of Rs.50.00 can be imposed on class – IV employee – once in a month.

• Notice shall be issued.

Rule 12: Disciplinary authority

• The disciplinary authority will be the appointing officer.

• First class officer who is not below the district level officer - can impose penalties on class- III / class-IV employees.

• Generally, the officers, higher in rank of the appointing officer do not issue penalties.

• Second Class Officer - If the charge sheet is not issued by the Government, then the Head of the department may impose the minor penalty.

• Divisional Commissioner - may impose minor penalities on class-I / class-II employees within the division.

• Divisional Commissioner – can suspend class-I / class – II employees.

• Information will be given to parent department / Head of department

• If a departmental inquiry has been initiated by the divisional commissioner during the posting in the division, even after the transfer of the Government servant to the other division, even then DE shall be completed by that divisional commissioner who has initiated the DE.

• Sub-divisional officers of all work departments can impose minor penalties on class – III / class-IV employees, posted in their office.

Rule 13: Authorities to initiate Proceedings

• The governor or any authority empowered by him

  • 1. Class III or IV - Appointment Officer / Collector or Higher Officer

    2. Class I or II - Appointment Officer / Commissioner or Higher Officer

       • Note- The major penalty can not be imposed by collector or commissioner.

Rule 14: Imposition of Major Penalty

• Issuing SCN

• Get reply in a fixed period

• Check the reply

• Appoint the enquiry officer

• Normally within 10 days the enquiry should be completed by the enquiry officer.

• To testify witness

• Submission enquiry report

• Proceedings of major penalty must be completed within a year.

Rule 15: Action on the Enquiry Report

• Appointment Officer will decide on the report

• The Appointing Authority can accept or reject the report. If, disagree on the report, the reasons for disagreement shall be recorded. Can re-call witnesses in the interest of justice.

• Can not get clarification from the investigative officer

• Penalties will not be proposed in the DE report

Rule 16: Imposition of Minor Penalty

• The written notice will be given to the government servant and it will be informed which penalty is proposed to be imposed.

• If the answer is satisfactory then the proposed penalties can be reduced

• Government servant must submit reply and evidence within the prescribed days

• If the DE begins then, it cannot be terminated by issuing only warning to the Govt. servant.

• Either the government servant will be freed or at least the penalty of censure shall be imposed.

• Written Notice to the Government servant

• Government servant must submit reply and evidence within 15 days

• Appointing / disciplinary officer can initiate DE, if thinks so.

• If there is the possibility of withholding increments then the procedure described under rule 14 shall be followed.

• The Head of the Department can impose minor penalties on Class II employees.

• Departmental inquiry related to minor penalties, must be completed in a timeline of 150 days

Rule 14 & 16: Departmental Enquiry Time Limit

• Where a departmental inquiry has been made under rule 16, but on the basis of the findings of the investigating Officer, it is the opinion that in case the major penalty should be imposed under rule 14, then the records of the proceedings shall be forwarded to that authority (Appointing Authority) who has the power to impose major penalty.

• Where the preliminary enquiry has been done - the matter will be resolved in maximum of 03 months.

• The penalty against the promoted government servant will only be imposed by the competent authority, who has promoted the Govt. servant.

• Time Limit

  • • • • • Decision of departmental inquiry - Maximum 01 week

          • Charge sheet - Maximum 01 month ( irrespective of 45/90 days)

          • Receipt of answer regarding charge sheet - 07 days to 01 month

          • Examination of received reply - Appointment of Enquiry Officer, Presenting Officer - 07 days to 01 month

          • Submission of report by enquiry officer- For major penalty - Max. 06 months

          • Submission of report by enquiry officer- For minor penalty - Max. 06 months

          • Examination of enquiry report and judgement decision to be taken – major penalty - Max. 03 weeks

          • Study of enquiry report and decision on imposing penalty - for the process of minor penalties - Max. 02 weeks

          • Consultation of commission, where necessary - Max. 02 weeks

• • • In case of delay in departmental reports, action against responsible personnel should also be done.

    • In any case, in departmental reports, more than one penalty can be imposed.

    • Minor penalties can also be imposed along-with major penalties, but the procedures mentioned in Rule 14 shall be followed.

Rule 17: Communication of Orders

• The disciplinary authority will provide charge sheet, preliminary enquiry, penalty order copy, opinion of public service commission to the government servant.

• As per the E-mail policy 2014 of Govt. of India and e-mail policy 2015 of M.P. Govt.; all correspondences done through e-mails have the legal validity.

• Therefore, the orders regarding penalties, suspension / re-instate order, charge sheet etc. should also be made available through e-mail.

Rule 18: Common Proceedings

• If more than one government servant is involved in any case, then the disciplinary proceedings against all the employees will be done equally

• Charge sheet and all other proceedings will be similar

• If the authorities imposing major penalties in the same departmental proceedings are different and the report of enquiry indicates on imposing major penalties, then the orders of proceeding, with the consent of other authorities, will be issued by the highest authority from such authorities.

Rule 19: Special Procedure in Certain Cases

• Where the Governor is satisfied that in the interest of the State, it is not advisable to initiate the enquiry as per the outlined rules.

• If a government servant has been punished by the Honorable Court and if the decision is made in the face of an employee's moral decay and he is not eligible for service in public interest, then according to rule 10 and rule 14 and Article 311 of the Constitution, initiation of departmental enquiry is not required, then the government servant will be imposed the penalty for 'dismissed from the service'.

• If the delinquent Government servant has filed an appeal in the Hon'ble court and the Appellate Court has only suspended the punishment not the conviction, then also penalty can be imposed.

• If the retired government servant against whom the departmental enquiry has not been started and has been penalized in criminal case, then according to rule 9 (1) of M. P. Pension Rules, 1976 ( to stop the pension permanently), the final order will be passed by the Council of Ministers.

• If there is a departmental enquiry or criminal case against a Government servant, then order for temporarily deduction of 50% sanctioned pension under the rule 9 (4) of M. P. Pension Rules, 1976, from the date of commencement of departmental enquiry, shall be passed by Hon'ble Governor / Council of Ministers.

• If the departmental enquiry is not completed in 01 year, then the withheld 50 percent shall be restored as per rule 9 (4) (a) of M. P. Pension rule 1976.

• If the departmental enquiry is not completed in 02 year, then the whole amount of withheld pension shall be restored as per rule 9 (4) (b) of M. P. Pension rule 1976.

• If the departmental inquiry is imposed on the penalty to stop the pension, then the MP Penalties under rule 9 (4) (c) of pension rule 1976 will be considered effective from the date of commencement of departmental inquiry.

• Only after getting the opinion of the Commission, the matter will be brought before the Council of Ministers.

• While imposing penalty, it is necessary to get opinion from the Public Service Commission, wherever it is necessary.

• If the lower court verdict is rejected in an appeal, the penalty order passed in the case will be canceled, and the government servant will be paid full pay, allowances for the said period, considering that the Govt. servant was in duty.

• In such cases, a 'brief enquiry' will be done and Govt. servant will be given an opportunity to present his/her case before the competent authority, in relation to the proposed penalty.

• 'brief enquiry' means that the government servant should be informed of the proposed penalties. He / she should be given an opportunity to present his/her case.

• The penalty should be imposed only after following this type of procedure.

Rule 20 & 21: About Deputation

• The rules of that department will apply to those employees who will go on deputation.

• Minor penalties may be imposed, but after consultation with the parental department.

• The parental department should also be made aware of the proceedings of the DE at each level.

• But there will be separate process for major penalties.

• If, during deputation, any act is done in the deputation department by the government servant and the case of major penalty is made, the services of the deputated servant will be transferred to the parental department along with all the proceedings.

• The parental department should also be made aware of the proceedings of the DE at each level.

Rule 22: Appeal

• Order against which no appeal will be made.

  • 1. Penalty of Rs 50.00 on class IV employees under the rule 11

    2. Powers imposed by the President / Governor

    3. Order passed by honor court

    4. Interim orders passed by the enquiry officer for further enquiry.

Rule 23: Appeal

• Order against which appeal can be made.

  • 1. All except in Rule 22.

Rule 24: Appeal - Appellate Authority

• Authority higher than those who has imposed the penalty.

Rule 25: Appeal - Time-frame for Appeal

• Within 45 days from the date of receiving the penalty order.

Rule 26: Appeal - Appeal Format

• Submit all relevant documents related to the order against which the appeal has been made.

Rule 27: Consideration of Appeal

• Appeals may be accepted or not.

• The same procedure shall be followed on the appeal as it happens during departmental enquiry.

• Again, the notice will be issued.

• Will be fully investigated.

Rule 28: Implementation on Appeal Orders

• On the order issued by the Appellate Authority, the authority will have to take action

Rule 29: Appeal & Review

• Under rule 28, if the appeal is lost, then within 6 months, re-appeal can be done before the higher authorities.

Rule 30: Serving Orders & Notices

• Each order / notices shall be given personally or through a registered post or through a e-mail.

Rule 31: Increase in time period

• The competent authority can increase the timelines mentioned in these rules, describing sufficient reasons.

Rule 32: Supply of copy of commission's advice

• The competent authority will provide copies of the commission’s recommendations to the concerned employee.

• Case of imposition of major penalty will necessarily be sent to the Commission

General Points

• If the retired government servant is called for a witness in the departmental enquiry, then he/she will get T.A. / DA as per eligibility.

• Departmental enquiry commissioner

  • 1. Which categories of cases should be sent to the departmental enquiry commissioner:

    2. All the cases of class-I Officers, except those cases where the Offender is senior to the departmental enquiry officer or where the administrative department consider that it is suitable to held enquiry by another official.

    3. In the cases of class-II officers, if after studying the reply of the Govt. Servant, administrative department is of the opnion that the matter is of serious nature, therefore it is advisable to have a enquiry to be done by the Departmental Joint Commissioner

    4. Where there is a uniform departmental inquiry and at least one officer is of the first class

    5. Departmental watch is established at the governance level

    6. If a enquiry officer is already appointed, the matter will be handed over to departmental enquiry commissioner only after the cancellation of order of enquiry officer.

    7. Charge sheet / affidavit / list of witnesses and records etc. shall be provided to enquiry commissioner.

    8. Written letter of abuse

    9. The presenting officer should not be of lower rank with the employee

    10. At least two years remaining in the retirement of the presenting officer

    11. A retired government servant can be made an enquiry officer

    12. But under certain process

    13. If any government servant has entered into government service by giving false information, then proceeding to impose long penalties under rule 14 shall be done.

• What are some of the positive elements you come across in the various provisions governing the service conditions

  • 1. Application of Principles of Natural Justice

    2. Protection under Article 311

    3. •Grant of Subsistence Allowance

    4. •Entitlement after death etc.

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