Saturday, August 06, 2011
Notes on Code of Criminal Procedure, 1973 (CrPc)
82. Proclamation for person absconding.
(1) If Any court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such court may publish a written proclamation requiring him to appear at a specific place and at a specified time not less than thirty days from the date of publishing such proclamation.
(2) The proclamation shall be published as follows-
(i)(a) It shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;
(b) It shall be affixed to some conspicuous part of the house or home-stead in which such person ordinarily resides or to some conspicuous place of such town or village;
(c) A copy thereof shall be affixed to some conspicuous part of the Court house,
(ii) The court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.
(3) A statement in writing by the court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in Clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.
Proclamation and attachment (Sections 82- 86 of Code of Criminal Procedure,1973)
82. Proclamation for person absconding.
(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.
(2) The proclamation shall be published as follows:
(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;
(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;
(c) a copy thereof shall be affixed to some conspicuous part of the Court-house; (ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides. (3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day. 83. Attachment of Property of person absconding.
83. Attachment of Property of person absconding.
(1) The Court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person: Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to, be issued,- (a) is about to dispose of the whole or any part of his property, or(b) is about to remove, the whole or any part of his property from the local jurisdiction of the Court, it may order the attachment simultaneously with the issue of the proclamation. (2) Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.
(3)If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made-
(a) by seizure ; or
(b) by the appointment of a receiver ; or
(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf
(d) by all or any two of such methods, as the Court thinks fit.
(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the Collector of the district which the land is situate, and in all other cases-
(a) by taking possession ; or
(b) by the appointment of a receiver ; or
(c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or to any one on his behalf ; or
(d) by all or any two of such methods, as the Court thinks fit.
(5) If the property ordered to be attached consists of live- stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court.
(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908). 84. Claims and objections to attachment.
84. Claims and objections to attachment.
(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 83, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under section 83, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part: Provided that any claim preferred or objection made within the period allowed by this-sub-section may, in the event of the death of the claimant or objector, be continued by his legal representative. 845 (2) Claims or objections under sub-section (1) may be preferred or made in the Court by which the order of attachment is issued, or, if the claim or objection is in respect of property attached under an order endorsed under sub-section (2) of section 83, in the Court of the Chief Judicial Magistrate of the district in which the attachment is made. (3) Every such claim or objection shall be inquired into by the Court in which it is preferred or made: Provided that, if it is preferred or made in the Court of a Chief Judicial Magistrate, he may make it over for disposal to any Magistrate subordinate to him.
(4) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (1) may, within a period of one year from the date of such order, institute a suit to establish the right which he claims in respect of the property in dispute ; but subject to the result of such suit, if any, the order shall be conclusive.
85. Release, sale and restoration of attached property.
(1) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment. (2) If the proclaimed person does not appear within the time specified in the proclamation, the property under the attachment shall be at the disposal of the State Government; but it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under section 84 has been disposed under that section, unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner ; in either of which cases the Court may cause it to be sold whenever it thinks fit. (3) If, within two years from the date of the attachment, any person whose property is or has been at the disposal of the State Government, under sub-section (2), appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property, or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property, shall, after satisfying therefrom all costs incurred in consequence of the attachment, be delivered to him.
86. Appeal from order rejecting application for restoration of attached property.
Any person referred to in sub-section (3) of section 85, who is aggrieved by any refusal to deliver property or the proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences of the first-mentioned Court.
Source : http://akulapraveen.blogspot.com/
Praveen Kumar
Grant of Family Pension to Widows of Government Employees after re-marriage
Grant of family pension to childless widow of a deceased Central Government employee after her re-marriage has been clarified. It has now been decided that the childless widow of a deceased Government employee who had expired before January 1, 2006, will be eligible for family pension following the recommendations of the Sixth Central Pay Commission irrespective of the fact that the remarriage had taken place prior to / on or after January 1, 2006.
The financial benefits in such cases, however, will accrue from January 1,2006. This would be subject to the fulfillment of certain conditions laid down. The income criterion includes that the income of the widow from all sources does not become equal to or higher than the minimum prescribed for family pension in the Central Government.
(Department of Pension and Pensioners’ Welfare OM No.1 / 4 / 2011 – P&PW (E)dated April 1, 2011)
Medical Facilities to CGHS beneficiaries in non-CGHS Areas
Central Government Health Service (CGHS) Rules with regard to serving and pensioner CGHS beneficiaries residing in non-CGHS areas have been liberalized. To enable them to avail medical facilities for in-patient treatment and postoperative follow-up treatment, certain guidelines have been put in place. Prominent among them are:
(i) CGHS pensioner beneficiaries along with their dependant and eligible family members, who are holding a valid CGHS card and are residing in a non-CGHS areas shall be eligible to obtain treatment from Government hospitals / hospitals recognized under Central Services (Medical Attendance) Rules, 1944 /hospitals and clinics empanelled under Ex-Servicemen Contributory Health Scheme (ECHS) and submit the medical reimbursement claim to the Additional Director / Joint Director of CGHS of the CMO in charge of concerned Wellness Centre where the CGHS card is registered;
(ii) In case of non-emergency treatment from hospitals approved under Central Services (Medical Attendance) Rules, 1944 and ECHS, it is necessary to obtain prior approval from CMO in charge of concerned Wellness Centre, where the CGHS card is registered;
(iii) Reimbursement is to be limited to the CGHS rates of the city where the card is registered and as per the
ceiling rates and ward entitlements or as per actual whichever is lower;
(iv) CGHS pensioner beneficiaries /serving Central Government employees and their dependant and eligible family members and holding a valid CGHS card and on a visit to non-CGHS covered area may obtain treatment under emergency from government hospitals / hospitals recognized under Central Services (Medical Attendance) Rules, 1944 / hospitals and clinics empanelled under ECHS and submit the medical reimbursement claim to the Additional Director / Joint Director of CGHS of the CMO in charge of concerned Wellness Centre where the CGHS card is registered, in case of pensioners, etc., and to the concerned Ministry / Department /
office in case of serving employees;
(v) CGHS pensioner beneficiaries and their dependant and eligible family members, with valid CGHS card
and residing in a non-CGHS area will be eligible to obtain post operative follow-up treatment from Government hospitals / hospitals recognized under Central Services (Medical Attendance) Rules, 1944 /hospitals and clinics empanelled under ECHS. The follow-up cases will be in renal transplant surgery, knee and hip joint
replacement, cancer treatment, neuro and cardiac surgery. However, prior permission is to be obtained from the CMO in charge of the concerned Wellness Centre, where the CGHS card is registered;
(vi) Permission is to be issued for 3 to 6 months at a time and may be extended on medical requirement.
Reimbursement for consultation, procedures and investigations are to be limited to CGHS rates of the city
where the CGHS card is registered and as per the ceiling rates and ward entitlements or as per actual
whichever is lower;
(vii) The contents of this OM supersedes the earlier OM dated September 30, 1999 on the subject. This
arrangement is provisional and would be valid till such time the proposed Health Insurance Scheme is made effective for the Central Government employees and pensioners. These are effective from April 27, 2011.
Details are available in Department of Health and Family Welfare OM No:S.11011 / 7 / 99 – CGHS (P) dated April 27, 2011.
Courtesy : http://tkbsen.blogspot.com/
Service eligibility for GDS Severance Amount is reduced to 10 years - Directorate orders
LARIFICATION ORDERS -ADMISSIBILITY OF SEVERANCE AMOUNT OT GRAMIN DAK SEVAKS ON RETIREMENT/DEATH AND ON ABSORPTION ON REGULA POSTS.
India Staff College , Ghaziabad
Sub: ADMISSIBILITY OF SEVERANCE AMOUNT OT GRAMIN DAK SEVAKS ON RETIREMENT/DEATH AND ON ABSORPTION ON REGULA POSTS-CLARIFICATION REGARDING.
Attention of all concerned is invited to Annexure-III of this Directorate order No. 6-1/2009-PE.II dated 08.10.2009 containing details of existing and revised benefits under nature of benefit named 'Severance Amount'.
2. In this context, it is to clarify that the present benefit shown against Severance Amount also includes Severance Amount on absorption on regular posts payable @ Rs. 20000/- (Rs. Twenty thousand only) to an EDA (now called GDS) absorbed on regular basis against a departmental post after 15 years of continuous service as ED Agent (now called GDS) in the light of the common recommendation made by the GDS Committee in Para 14.14.1. Therefore, the revised benefit indicated against nature of benefit 'Severance Amount' is applicable not only on retirement/death but also on absorption against departmental posts @ Rs. 1500 for every completed year of service subject to maximum of Rs. 60000 with reduction in minimum eligibility to 10 years.
3. Therefore, the words "Severance Amount on retirement/death" may be taken as inserted on the top as headline above the existing para under present benefits against 'Severance Amount' starting with "A lump sum severance amount and ending with amount paid is Rs. 20000." Below this para, a new headline as "Severance Amount on absorption on regular posts" & a para beneath it starting as "Severance amount of Rs. 20000 (Rs. Twenty thousand only) is paid on absorption on regular basis against a departmental post after 15 years of continuous service" may also be taken as inserted & accordingly the Annexure III to this Directorate Order No. 6-1/2009-PE II dated 09 Oct 2009 may be taken as amended. Revised Annexure III to this Directorate Order ibid is appended below:-
Nature of Benefit Present Benefits Revised Benefits Es-gratia Gratuity Granted at the rate of half months basis TRCA drown immediately before discharge of service for each completed year of service subject to maximum of Rs. 18000 or 16.5 months basic TRCA last drawn whichever is less. Minimum service prescribed is 10 years Continuance of the existing formula for grant Ex-gratis Gratuity subject to a maximum of Rs. 60000. Severance Amount Severance Amount on retirement/death Severance amount shall be paid at the rate of Rs. 1500 for every completed year of service subject to a maximum of Rs. 60000 with reduction in minimum eligibility period to 10 years.
3. This may be brought to the notice of all concerned. This has the approval of the competent authority.
Sd/-
(Surender Kumar)
Assistant Director General (GDS)
Source : http://ruralpostalemployees.blogspot.com/
Nature of Benefit
Present Benefits
Revised Benefits
Es-gratia Gratuity
Granted at the rate of half months basis TRCA drown immediately before discharge of service for each completed year of service subject to maximum of Rs. 18000 or 16.5 months basic TRCA last drawn whichever is less. Minimum service prescribed is 10 years
Continuance of the existing formula for grant Ex-gratis Gratuity subject to a maximum of Rs. 60000.
Severance Amount
Severance Amount on retirement/death
A lump sum severance amount of Rs. 30000/- is paid on discharge provided a GDS has completed 20 years of continuous service. In case of a GDS completing 15 years of service but less than 20 years of continuous service the severance amount paid is Rs. 20000
Severance Amount on absorption on regular post
Severance amount of Rs. 20000 (Rs. Twenty thousand only) is paid on absorption on regular basis against a departmental post after 15 years of continuous service
Severance amount shall be paid at the rate of Rs. 1500 for every completed year of service subject to a maximum of Rs. 60000 with reduction in minimum eligibility period to 10 years.
Electronic Devices for Ticket Checking Staff in Trains
Ministry of Railways
Electronic Devices for Ticket Checking Staff in Trains
Electronic devices in the form of Hand Held Terminals (HHT) have been provided to the Ticket Checking Staff in about 11 pairs of trains as a pilot project. These devices are used for marking passengers as turned up/not-turned up, giving information on vacant berths availability to passengers at stations and on the website, facilitating greater transparency in the on-board allocation of berths and system accountal of ticket checking transactions.
This information was given by the Minister of State for Railways Shri Bharatsinh Solanki in written reply to a question in Rajya Sabha today.
Source: PIB
Friday, August 05, 2011
STUDY TO BE CARRIED OUT ON POSTMEN RELATED ISSUES
The Directorate is seeking information from all the circles on postmen related issues. We request our circle secretaries to assist the P4 circle secretaries at their levels to ensure sending reports by the circle heads before the cut off date ie. 19.8.2011.
TOP PRIORITY
No 25-20/2008-PE-I (Pt.)
Ministry of Communications & IT
Department of Posts
(Establishment Division.
Dated Bhawan, Sansad Marg
New Delhi-110 001
Dated 22nd July, 2011
To,
All Heads of Circles
Subject:-Study to be carried out on Postmen related issues.
Sir/Madam,
The Joint Council of Action of Staff Federations including Postmen Staff submitted their Agenda of demands to the Department for their resolution. As ordered by the Competent Authority, a separate Committee has been formed to look into the issues flagged by the Postmen Unions. A meeting of the said Committee held on 01.07.2011, wherein during the course of discussion, Staff side put forward certain issues on which they are facing difficulties while discharging their duties.
2. In this connection, therefore, the Competent Authority has decided that each Circle should carry out detailed study on following issues:-
(i) Extraction of Data Entry Work from Postmen.
(ii) Irregular computation of working hours for Postmen in the field units- assess
all areas of work being handled by Postmen.
(iii) Assess the average Beat Length of Postmen for deciding the maximum
Beat length as in some Circles it stretched upto 40 Kms or more.
(iv) Postmen to carry all articles (first class, second class, Speed Post,
Registered Post, Money Orders, EPP, etc.) in each Beat.
3. It is requested to complete the Study on above points and send the report alongwith the comments of CIFA to this office by 19th August, 2011 positively so that further suitable action could be taken.
4 It may please be accorded Top Priority.
This issues with the approval of the Competent Authority.
Yours Sincerely
(Prabhu Das Xalxo)
Asstt. Director General (Estt.I)
Franchise Postal Outlets :
During current financial year 2011-12, targets for opening of 125 Franchise Outlets have been issued to the Circles including Madhya Pradesh. Details of physical targets allotted to the Circles as under. Madhya Pradesh Circle
The targets for opening of new franchise outlets have been given to Circles for the current financial year.
This reply was given by Shri Sachin Pilot, the minister of State in the Ministry of Communication and Information Technology in response to a question in Parliament.
ANNEXURE
Circle-wise physical targets for opening of Franchise Outlets for the financial year 2011-12
| Sl. No. | Name of the Circles | Physical Targets [in number] |
| 1 | Andhra Pradesh | 8 |
| 2 | | 4 |
| 3 | | 6 |
| 4 | Chhattisgarh | 3 |
| 5 | | 8 |
| 6 | | 7 |
| 7 | Haryana | 7 |
| 8 | Himachal Pradesh | 5 |
| 9 | Jammu & Kashmir | 2 |
| 10 | Jharkhand | 4 |
| 11 | Karnataka | 7 |
| 12 | Kerala | 0 |
| 13 | Madhya Pradesh | 8 |
| 14 | | 8 |
| 15 | North East | 4 |
| 16 | Orissa | 6 |
| 17 | | 6 |
| 18 | Rajasthan | 7 |
| 19 | Tamil Nadu | 7 |
| 20 | Uttarakhand | 3 |
| 21 | Uttar Pradesh | 8 |
| 22 | | 7 |
| | Total | 125 |
Source : PIB Release, August 3, 2011
SB ORDER NO. 13/2011- Admissibility of interest in PPF(HUF) accounts matured between 13.5.2001 to 7.12.2010 -a clarification regarding
SB ORDER NO. 13/2011
No.32-01/2010-SB
Government of India
Ministry of Communications & IT
Department of Posts
Dak Bhawan, Sansad Marg,
New Delhi-110001, Dated: 01.08.2011
To
All Heads of Circles/Regions
Addl. Director General, APS, New Delhi
Sir / Madam,
The undersigned is directed to refer to this office SB Order No.23/2010 dated 13.12.2010 vide which, MOF(DEA) GSR 956 (E) dated 7.12.2010 ( F.No. 7/4/2010-NS-II dated 7.12.2010) was circulated. Now, MOF(DEA) vide its letter No. 7/4/2008-NS-II dated 01.06.2011 has further clarified the following:-
Interest at PPF rate would be paid on those PPF(HUF) accounts which had attained maturity after 13.5.2005 but closed by the subscribers before7.12.2010 subject to the conditions that the accounts had not been extended after maturity and the deposits were retained in such accounts without further subscription during this period.
2. This may kindly be circulated to all post offices for guidance and necessary information. If any such account was closed either without interest or with interest @ Post Office Savings Account, that may be settled according to this clarification.
3. This issues with the approval of DDG(FS).
Yours faithfully,
Sd/-
(Kawal Jit Singh)
LIST OF POST OFFICES FOR ATM INSTALLATION
ICT in Post Offices
It is proposed to introduce the segments of Core Banking Solution relevant to Post office Savings Bank Scheme (POSB) in 2207 departmental post offices initially.
The Government proposes to provide ATM facility in 810 Post offices. The State-wise details are as under.
Source : pib
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