Clarification on computing of marks in light of the Grading system introduced in SSC/Xth class while finalizing GDS appointments

Strict compliance of the provisions contained in the Flag Code of India 2002, Prevention of insults to National Honour Act, 1971 ; State Emblem of India (Prohibition of improper Use) Act, 2005 and in the State Emblem of India (Regulation of Use) Rules, 2007 – Regarding

No 92-15/2012-CoordlO&M

Government of India

Ministry of Communications & l T

Department of Posts

Coord./O&M Section

Dak Bhawan,  Sansad  Marg,

New Delhi-1 10001

Dated : 12^th  June , 2012

To

All Head of Circles

Subject :                Strict compliance of the provisions contained in the Flag Code  of India  2002, Prevention of insults to National Honour Act, 1971 ; State Emblem of India  (Prohibition of improper Use) Act, 2005 and in the State Emblem of India (Regulation of Use) Rules, 2007 – Regarding

Sir/Madam,

I am directed to circulate herewith a copy of the letter No.19/'1 112}12-Public dated 28^th  May, 2012 on the above mentioned subject received from Ministry of Home Affairs for strict compliance of the provisions contained in these Acts, Rules and Code.

2.             Further, it may be ensured that the instructions contained in letter No.13/1/2009- public dated 9^th  March, 2012 regarding Display of complete State Emblem of India with the motto "Satyameva Jayate" - Truth alone triumphs - written in Devanagari script below the profile of the Lion Capital" circulated vide this office letter of even number dated 10th-12th April, 2O12rare being observed in letter and spirit.

Encl :As above

Yours faithfully,

Sd/-

(Harish Pokhriyal)

  ADG ( Admn. )

No. 19 / 11 / 2012-Public

Government o India / Bharat Sarkar

Ministry of Home Affairs / Grih Mantralaya

North Block. New Delhi.

Dated the 28^th May, 2012

To

The Chief Secretaries / Administrators of  all State Governments / UT Administraton

Secretaries of all Ministries / Deptts. of Govt. of India.

Subject:-                Strict compliance o{ the provisions contained in the Flag Code of India 2002, Prevention of Insults to National Honour Act, 1971,; State Emblem of India (Prohibition of Improper Use) Ac! 2005 and in the State Emblem of India (Regulation of Use) Rules, 2007

Sir/Madam,

As per direction given by the Hon'ble High Court of Allahabad, Lucknow Bench, Lucknow in hearing of the case no. Writ Petition No. 5920 (M/B) (PIL) of 2001, copies of the Flag Code of India 2002, Prevention of Insults to National Honour Act,1971., the State Emblem of India (Prohibition of Improper Use) Act, 2005 and the State Emblem of India (Regulation of Use) Rules, 2007 [read with the State Emblem of India (Regulation of Use) Amendment Rules, 2010] are enclosed herewith for strict compliance of the provisions contained in these Acts, Rules and Code.

2.             It is also requested that suitable instructions in this regard may please be issued to all the concerned agencies. Strict action should be taken against the concerned officials and individuals/organizations for any violation of the provisions of the said Acts, Rules and Flag Code of India 2002.

Encls. : As above

Yours faithfully,

Sd/-

  (Shyamala Mohan)

Director to the Govt. of India

Tel. No. 2309 2587

THE PREVENTION OF INSULTS TO NATIONAL HONOUR ACT,  1971

No. 69 of 1971                                                                                        (23^rd  December 1971)

(Amended by the Prevention of Insults to National Honour (Amendment Act, 2005)

No. 5 I of 2005                                                                      (20^th  December  2005)

An Act to prevent insult to National Honour

Be it enacted by Parliament in the Twenty- second year of the Republic of India as follows: -

1.     SHORT TITLE AND EXTENT

1.             This Act may be called the Prevention of Insults to National Honour Act, 1971

2.             It extends to the whole of India.

2.      INSULT TO INDIAN  NATIONAL  FLAG AND CONSTITUTION OF INDIA

Whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or *otherwise shows disrespect to or brings into contempt (Whether by words, either spoken or written, or by acts )  the Indian National Flag or the Constitution of India or any part thereof, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

Explanation I - Comments expressing disapprobation or criticism of the Constitution or of the Indian National Flag or of any measures  of the Government with a view to obtain an amendment of the Constitution of India or an alteration of the Indian National Flag by lawful means do not constitute an offence under this section.

Explanation 2 - The expression, "Indian National Flag" includes any picture, painting, drawing  or photograph, or other visible representation of the Indian National Flag, or of any part or parts thereof, made of any substance or represented on any substance'

Explanation 3 - The expression "public place" means any place intended for use by, or accessible to, the public and includes any public conveyance.

*Explanation 4 - The disrespect to the Indian National flag means and includes-

(a)           a gross affront or indignity offered to the Indian National Flag; or

(b)           dipping the Indian National Flag in salute to any person or thing; or

©             flying the National Flag at half-mast except on the occasions on which the flag is flown at half-mast on public buildings in accordance with the instructions issued by the Government; or

(d)          using the Indian National Flag  as a drapery in any form whatsoever except in state funerals or armed forces or other para-military forces funerals; or

(e)           #using the Indian National Flag:-

(i)             As a portion of costume, uniform or accessory of any description which is worn below the waist of any person; or  

(ii)           by embroidering or printing it on cushions, handkerchiefs, napkins undergarments or any dress material: or

(f)            putting any kind of inscription upon the Indian National Flag ; or

(g)           using the Indian National Flag as a receptacle for receiving, delivering or carrying anything except flower petals before the Indian National Flag is unfurled as part  of celebrations on special occasions including the Republic Day or the Independence Day; or

(h)           using the Indian National Flag as covering for a statue or a monument or a speaker's desk or a speaker's platform; or

(i)            allowing the Indian National Flag to touch the ground or the floor or trail in water intentionally; or

(j)            draping the Indian National Flag over the hood, top, and sides or back or on a vehicle, train, boat or an aircraft or any other similar object; or

(k)           using the Indian National Flag as a covering for a building; or

(l)            intentionally displaying the Indian National Flag with the "saffron" down'

3.     PREVENTION OF SINGING OF NATIONAL ANTHEM

whoever intentionally prevents the singing of the Indian National Anthem or causes disturbances to any assembly engaged in such singing shall be punished with imprisonment for a term, which may extended to three years, or with fine, or with both.

*3A.        MINIMUM PENALTY ON SECOND OR SUBSEQUENT OFFENCE

Whoever having already been convicted of an offence under section 2 or section 3 is again convicted of any such offence shall be punishable for the second and for every subsequent  offence, with imprisonment for a term, which shall not be less than one year.

Note 1: * Inserted vide The Prevention of Insults to National Honour (Amendment) Act, 2003 (No. 31 of 2003 dated_8.5,2003)

Note 2: # Inserted vide The Prevention of Insults to National Honour (Amendment) Act,.2005 (No. 51 of 2005 dated  20.12.2005 )

THE GAZETTE OF INDIA EXTRAORDINARY [ Part – II ]

( b )          "emblem" means the State Emblem of India as described and specified in the Schedule to be used as an official seal of the Government.

3.      Notwithstanding anything contained in any other law for the time being in force, no person shall use the emblem or any colourable imitation thereof in any manner which tends to an impression that it relates to the Government or that it is an official document of the Central Government or, as the case may be, the State Government without the previous permission of the Central Government or of such officer of that Government as may be authorized by it in this behalf.

Explanation - For The purposes of this section, "person" includes a former functionary of the Central Government or the State Governments.

4.     No person shall use the emblem for the purpose of any trade,, business, calling or  profession or in the  title of any patent, or in any trade mark or design, except in such cases  and under such conditions as may be prescribed.

5.             (1)           Notwithstanding anything contained in any other law for the time being in force, no competent authority shall,-

 (a)          register a trade mark or design which bears the emblem, or

                (b)           grant a patent in respect of an invention which bears a title containing the  emblem

(2)           If any question arises before a competent authority whether any emblem is an emblem specified in the Schedule or a colourable imitation thereof, the competent authority shall refer the question to the Central Government and the decision of the Central Government thereon shall be final.

6.      (1)  The Central Government may make such provision by rules as appears to it to be necessary to regulate the use of the emblem in official seal that is used in offices of the Central Government  and the State Government and their organizations including diplomatic missions abroad, subject to such restrictions and conditions as may be prescribed.

(2)   Subject to the provisions of this Act,  the Central  Government shall have powers-

(a)           to notify the use of emblem on stationery, the method of printing or embossing it on demi-official stationery by the  constitutional authorities, Ministers, Members of Parliament, Members of Legislative Assemblies, officers of the Central Government and the State Governments;

(b)           to specify the design of the official seal consisting of the emblem;

(c)           to restrict the display of emblem on vehicles of constitutional authorities, foreign dignitaries, Ministers of the Central Government and the State Governments;

(d)           to provide for guidelines for display of emblem on public buildings in India, the diplomatic missions and on the buildings occupied by the India's consulates abroad;

(e)           to specify conditions for the use of emblem for various other purposes including the use for educational purposes and the armed forces personnel;

(fl            to do all such things (including the specification of design of the emblem and its use in the manner whatsoever) as the Central Government considers necessary or expedient for the exercise of the foregoing powers.

7.             (1)           Any person who contravenes the provisions of section 3 shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both, or if having been previously convicted of an offence under this section, is again convicted of any such offence, he shall be punishable for the second and for every subsequent offence with imprisonment for a term which shall not be less than six months, which may extend to two years and with fine which may extend to five thousand rupees.

(2)           Any person who contravenes the provisions of section 4 for any wrongful gain shall be punishable for such offence with imprisonment for a term which shall not be less than six months, which may extend to two years and with fine which may extend to five thousand rupees.

8.             No prosecution for any offence punishable under this Act shall be instituted, except with the previous sanction of the central Government or of any officer authorized in this behalf by general or special order of the central Government.

9.             Nothing in this Act shall exempt any person from any suit or other proceedings which might be brought against him under any other law for the time being in force.

10.          The provisions of this Act or any rule made there under shall have. Effect notwithstanding anything inconsistent therewith contained in any other enactment or instrument having effect by virtue of such enactment.

11.          (1)           The central Government may, by notification in the official Gazette, make rules  to carry out the purposes of this Act.

(2)           In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely -

(a)           cases and conditions regulating the use of emblem under section 4;

(b)           making rules to regulate the use of the emblem in official seal of the Government and specifying restrictions and conditions relating there to  under sub section (1) of section 6;

(c)           the use of emblem on stationery design of official seal consisting! of emblem and other matters under sub-section (2) of section 6;

(d)           authorizing  officer by general or special order for giving previous sanction for instituting prosecution under section 8; and

(e)           any other matter which is required to be, or may be, prescribed.

(3)           Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the. session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

THE SCHEDULE

[ See section 2 (b)]

STATE EMBLEM OF INDIA

DESCRIPTION AND DESIGN

The state Emblem of India is an adaptation from the Sarnath Lion capital of Asoka which is preserved  in the Sarnath museum. The Lion Capital has four lions mounted back to back on a circular abacus: the frieze of the abacus is adorned which sculptures in high relief of an elephant, a galloping horse, a bull and a lion  separated by intervening Dharma  Chakras. The abacus rests on bell shaped lotus.

The profile of the Lion Capital showing three lions mounted on the abacus with a Dharma Chakra in the centre, a bull on the right and a galloping horse on the left, and outlines of the Dharma Chakras on the extreme right and left has been adopted as the State Emblem of India. The bell shaped lotus has been omitted.

The motto “Satyameva Jayate”- Truth alone triumphs- written in Devanagari script below the profile of the Lion Capital is part of the State Emblem of India.

The State Emblem India shall conform to the designs as set out in Appendix I or Appendix II.

 

 

 

 

Courtesy : http://aipeup3bbsr.blogspot.in/

Declaration of Holiday on 14th April, 2012 - Birthday of Dr.B.R. Ambedkar

MOST IMMEDIATE

F. No.12/2/2012-JCA-2
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated the 27th March, 2012.

OFFICE MEMORANDUM

Subject:- Declaration of Holiday on 14th April, 2012 - Birthday of Dr.B.R. Ambedkar.

                      It has been decided to declare Saturday, the 14th April 2012, as a Closed Holiday on account of the birthday of Dr. B.R. Ambedkar, for all Central Government Offices including Industrial Establishments throughout India.

2. The above holiday is also being notified in exercise of the powers conferred by Section 25 of the Negotiable Instruments Act, 1881(26 of 1881).

3. All Ministries/Departments of Government of India may bring the above decision to the notice of all concerned.

sd/-
(Ashok Kumar)
Deputy Secretary to the Government of India

Source:

http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/12_2_2012-

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List of Holidays during the year2011for Central Goverment Employees

The Text of OM No. 12/3/2011-JCA 2 dated 27-6-2011 is reproduced below :

F.No.12/3/2011-JCA-2
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)North Block, New Delhi
Dated the 27th June, 2011

Subject: Holidays to be observed In Central Government Offices during the year 2012.

It has been decided that the holidays as specified in the Annexure —I to this O.M. will be observed in all the Administrative Offices of the Central Government located at Delhi/New Delhi during the year 2012.
In addition, each employee will also be allowed to avail himself/herself of any two holidays to be chosen by him/her out of the list of Restricted Holidays in Annexure — II.

2. Central Government Administrative Offices located outside Delhi / New Delhi shall observe the following holidays compulsorily in addition to three holidays as per para 3.1 below:
1. REPUBLIC DAY
2. INDEPENDENCE DAY
3. MAHATMA GANDHI’S BIRTHDAY
4. BUDHA PURNIMA
5. CHRISTMAS DAY
6. DUSSEHRA (VIJAY DASHMI)
7. DIWALI (DEEPAVALI)
8. GOOD FRIDAY
9. GURU NANAK’S BIRTHDAY
10.IDU’L FITR
11.IDU’L ZUHA
12.MAHAVIR JAYANTI
13.MUHARRAM
14.PROPHET MOHAMMAD’S BIRTHDAY (ID-E-MILAD)

3.1. In addition to the above 14 Compulsory holidays mentioned in para 2, three holidays shall be decided from the list indicated below by the Central Government Employees Welfare Coordination Committee in the State Capitals, if necessary, in consultation with Coordination Committees at other places in the State. The finai list applicable uniformly to all Central Government offices within the concerned State shall be notified after seeking prior approval of this Ministry and no change can be carried out thereafter. It is also clarified that no change is permissible in regard to festivals and dates as indicated.

1. AN ADDITIONAL DAY FOR DUSSEHRA
2. HOLI
3. JANAMASHTAMI (VAISHNAVI)
4. RAM NAVAMI
5. MAHA SHWRATRI
6. GANESH CHATURTHI / VINAYAK CHATURTHI
7. MAKAR SANKARANTI
8. RATH YATRA
9. ONAM
10. PONGAL
11. SRI PANCHAMI / BASANTA PANCHAMI
12. VISHU / VAISAKHI / VAISAKHADI / BHAG BIHU / MASHADI UGADI / CHAITRA SAKLADI / CHETI CHAND / GUDI PADA 1st NAVRATRA / NAURAJ/CHHATH POOJA/KARVA CHAUTH.

3.2 No substitute holiday should be allowed if any of the festival holidays initially declared subsequently happens to fall on a weekly off or any other non working day or in the event of more than one festivals falling on the same day.

4. The list of Restricted Holidays appended to this O.M. is meant for Central Government Offices located in Delhi / New Delhi. The Coordination Committees at the State Capitals may draw up separate list of Restricted Holidays keeping in view the occasions of local importance but the 9 occasions left over, after choosing the 3 variable holidays in para 3.1 above, are to be included in the list of restricted holidays.

5.1 For offices in Delhi / New Delhi, any change in the date of holidays in respect of Idu’l Fitr, Edu’l Zuha, Muharram and Id-e-Milad, if necessary, depending upon sighting of the Moon, would be declared by the Ministry of Personnel, Public Grievances and Pensions after ascertaining the position from the Govt. of NCT of Delhi.

5.2 For offices outside Delhi / New Delhi, the Central Government Employees Welfare Coordination Committees at the State Capitals are authorised to change the date of holiday, if necessary, based on the decision of the concerned State Governments / Union Territories, in respect of ldu’l Fitr, Idu’l Zuha, Muharram and ld-e-Milad.

5.3 It may happen that the change of date of the above occasions has to be declared at a very short notice. In such a situation, announcement could be made through T.V. / A.I.R. / Newspapers and the Heads of Department / Offices of the Central Government may take action according to such an announcement without waiting for a formal order, about the change of date.

6. During 2012, Diwali (Deepavali) falls on Tuesday, November 13, 2012 (Kartika 22). In certain States, the practice is to celebrate the occasion a day in advance, i.e., on ‘Narakachaturdasi Day”. In view of this, there is no objection if holiday on account of Deepavali is observed on "Naraka Chaturdasi Day (in place of Deepavali Day) for the Central Government Offices in a State if in that State that day alone is declared as a compulsory holiday for Diwali for the offices of the State Government.

7. Central Government Organisations which include industrial, commercial and trading establishments would observe upto 16 holidays in a year including three national holidays viz. Republic Day, Independence Day and Mahatma Gandhi’s birthday, as compulsory holidays. The remaining holidays / occasions may be determined by such establishments / organisations themselves for the year 2012, subject to para 3.2 above.

8. Union Territory Administrations shall decide the list of holidays in terms of Ministry of Home Affairs letter No.14046/27/83- GP-I dated 15.2.1984 by which they would observe a total of 16 holidays including the three National Holidays Viz. Republic Day, Independence Day & Mahatma Gandhi’s birthday.

9. in respect of Indian Missions abroad, the number of holidays may be notified in accordance with the instructions contained in this Department’s O.M. No.12/5/2002-JCA dated 17th December, 2002. In other words; they will have the option to select 10(Ten) holidays of their own only after including in the list, three National Holidays and Milad-un-Nabi or Id-E-Milad, Buddha Purnima, Idu’l Zuha (Bakrid) and Muharram included in the list of compulsory holidays and falling on days of weekly off.

10. In respect of Banks, the holidays shall be regulated in terms of the extant instructions issued by the Department of Financial Services, Ministry of Finance.

11. Hindi version will follow.

sd/-
(DINESH KAPILA)
Director (JCA

Source : GConnect

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