Dopt issued guidelines regarding handling of complaints in Ministries / Departments
No.104/76/2011-AVD.1
Government of India
Ministry of Personnel & Public Grievances & Pensions
(Department of Personnel & Training)
New Delhi, Dated October 18, 2013
OFFICE MEMORANDUM
Subject:- Guidelines regarding handling of complaints in Ministries / Departments.
The undersigned is directed to say that the instructions regarding
dealing with anonymous and pseudonymous complaints as contained in this
Department’s OM No. 321/4/91-AVD.III, dated 29th September, 1992 and as
reiterated vide DOP&T’s OM No. 371/38/97-AVD.III, dated 3/11/1997,
being at variance with instructions issued by CVC in this regard vide
circular No.3(V)/99/2 dated 29th June, 1999, No. 98/DSP/9, dated 31st
January, 2002 and 11th October, 2002, had been receiving the attention
of the Government for the past some time.
2. The matter was examined afresh in consultation with the Central
Vigilance Commission. Subsequent to the Public Interest Disclosure &
Protection of informers’ Resolution 2004 (PIDPI), the Commission has
created a mechanism for handling complaints where identity of the
complainant is kept secret and the complainant is provided protection.
This has been endorsed and operationalized by the Central Government
with the approval of the competent authority.
3. In view of the fact that complainants who desire to protect their
identity now have the protection of the Public Interest Disclosure &
Protection of Informers’ Resolution — 2004 (PIDPI), the following
procedure is laid down for handling anonymous and pseudonymous
complaints, in supersession of instructions contained in DoP&T’s OM
No. 321/4/91-AVD.III dated 29th September, 1992:
(i) No action is required to be taken on anonymous complaints,
irrespective of the nature of allegations and such complaints need to be
simply filed
(ii) Complaints containing vague allegations could also be filed without verification of identity of the complainant.
(iii) If a complaint contains verifiable allegations, the administrative
Ministry/Department may take cognizance of such complaint with the
approval of the competent authority to be designated by the
Ministry/Department as per their distribution of work. In such cases,
the complaint will be first sent to the complainant for
owning/disowning, as the case may be. If no response is received from
the complainant within 15 days of sending the complaint, a reminder will
be sent. After waiting for 15 days after sending the reminder, if still
nothing is heard, the said complaint may be filed as pseudonymous by
the Ministry/Department.
4. Instructions contained in para-3 above would also be applicable (with
appropriate competent authority to be designated under para 3 (iii)
above) for dealing with complaints against Secretaries to the Government
of India or Chief Executives / CMDs / Functional Director of
PSEs/PSBs/FIs, which will continue to be referred to the Cabinet
Secretariat for placing before the Group of Secretaries headed by the
Cabinet Secretary/Secretary (Coordination) in the Cabinet Secretariat,
as the case may be, as per procedure given in Department’s OM No.
104/100/2009-AVD.I, dated 14/1/2010 and DPE’s OM No. 15(1)/2010-DPE(GM),
dated 11/3/2010, as amended from time to time.
sd/-
(G.Srinivasan)
Under Secretary to the Government of India
RATES OF INCOME-TAX AS PER FINANCE ACT, 2013
As per the Finance Act, 2013, income-tax is required to be deducted
under Section 192 of the Act from income chargeable under the head
"Salaries" for the financial year 2013-14 (i.e. Assessment Year 2014-15)
at the following rates:
2.1 Rates of tax
A. Normal Rates of tax:
S. No
|
Total Income
|
Rate of tax
|
| 1 | Where the total income does not exceed Rs. 2,00,000/-. | Nil |
| 2 | Where the total income exceeds Rs. 2,00,000 but does not exceed Rs. 5,00,000/- | 10 per cent of the amount by which the total income exceeds Rs. 2,00,000/- |
| 3 | Where the total income exceeds Rs. 5,00,000/- but does not exceed Rs. 10,00,000/-. | Rs. 30,000/- plus 20 per cent of the amount by which the total income exceeds Rs. 5,00,000/-. |
| 4 | Where the total income exceeds Rs. 10,00,000/-. | Rs. 1,30,000/- plus 30 Per cent of the amount by which the total income exceeds Rs. 10,00,000/- |
B. Rates of tax for every individual, resident in India, who is of the age of sixty years or
more but less than eighty years at any time during the financial year:
more but less than eighty years at any time during the financial year:
S. No
|
Total Income
|
Rate of tax
|
| 1 | Where the total income does not exceed Rs. 2,50,000/- | Nil |
| 2 | Where the total income exceeds Rs. 2,50,000 but does not exceed Rs. 5,00,000/- | 10 per cent of the amount by which the total income exceeds Rs. 2,50,000/- |
| 3 | Where the total income exceeds Rs. 5,00,000/- but does not exceed Rs. 10,00,000/- | Rs. 25,000/- plus 20 per cent of the amount by which the total income exceeds Rs. 5,00,000/-. |
| 4 | Where the total income exceeds Rs. 10,00,000/- | Rs. 1,25,000/- plus 30 per cent of the amount by which the total income exceeds Rs. 10,00,000/- |
C. In case of every individual being a resident in India, who is of the age of eighty years or
more at any time during the financial year:
more at any time during the financial year:
S. No
|
Total Income
|
Rate of tax
|
| 1 | Where the total income does not exceed Rs. 5,00,000/- | Nil |
| 2 | Where the total income exceeds Rs. 5,00,000 but does not exceed Rs. 10,00,000/- | 20 per cent of the amount by which the total income exceeds Rs. 5,00,000/- |
| 4 | Where the total income exceeds Rs. 10,00,000/- | Rs. 1,00,000/- plus 30 per cent of the amount by which the total income exceeds Rs. 10,00,000/- |
2.2 Surcharge on Income tax:
The amount of income-tax shall be increased by a surcharge @10% of the Income-tax on payments to an individual taxpayer, if the total income of the individual exceeds Rs 1 crore during FY 2013-14 (AY 2014-15). However the amount of Surcharge shall not exceed the amount by which the individual’s total income exceeds Rs 1 crore and if surcharge so arrived at, exceeds such amount (assessee’s total income minus one crore) then it will be restricted to the amount of total income minus Rupees one crore.
2.3.1 Education Cess on Income tax: The amount of income-tax including the surcharge if any, shall be increased by Education Cess on Income Tax at the rate of two percent of the income-tax.
2.3.2 Secondary and Higher Education Cess on Income-tax: An additional cess is chargeable at the rate of one percent of income-tax including the surcharge if any, but not including the Education Cess on income tax as in 2.3.1.
3. SECTION 192 OF THE INCOME-TAX ACT, 1961: BROAD SCHEME OF TAX DEDUCTION AT SOURCE FROM "SALARIES":
3.1 Method of Tax Calculation:
The amount of income-tax shall be increased by a surcharge @10% of the Income-tax on payments to an individual taxpayer, if the total income of the individual exceeds Rs 1 crore during FY 2013-14 (AY 2014-15). However the amount of Surcharge shall not exceed the amount by which the individual’s total income exceeds Rs 1 crore and if surcharge so arrived at, exceeds such amount (assessee’s total income minus one crore) then it will be restricted to the amount of total income minus Rupees one crore.
2.3.1 Education Cess on Income tax: The amount of income-tax including the surcharge if any, shall be increased by Education Cess on Income Tax at the rate of two percent of the income-tax.
2.3.2 Secondary and Higher Education Cess on Income-tax: An additional cess is chargeable at the rate of one percent of income-tax including the surcharge if any, but not including the Education Cess on income tax as in 2.3.1.
3. SECTION 192 OF THE INCOME-TAX ACT, 1961: BROAD SCHEME OF TAX DEDUCTION AT SOURCE FROM "SALARIES":
3.1 Method of Tax Calculation:
Every person who is responsible for paying any income chargeable under
the head "Salaries" shall deduct income-tax on the estimated income of
the assessee under the head "Salaries" for the financial year 2013-14.
The income-tax is required to be calculated on the basis of the rates
given above, subject to the provisions related to requirement to furnish
PAN as per sec 206AA of the Act, and shall be deducted at the time of
each payment. No tax, however, will be required to be deducted at source
in any case unless the estimated salary income including the value of
perquisites, for the financial year exceeds Rs. 2,00,000/- or
Rs.2,50,000/- or Rs. 5,00,000/-, as the case may be, depending upon the
age of the employee.
