Implementation of MACPS in Kendriya Vidyalaya Sangathan in the matter of non-teaching employees of KVS-clarification regarding.

KENDRIYA VIDYALAYA SANGATHAN 
18 INSTITUTIONAL AREA 
SHAHEED JEET SINGH MARG 
NEW DELHI-110 016 
Date: 03.10.2011

F.11029-12/2010-KVSHQ/ (Admn-I)

The Assistant Commissioner
Kendriya Vidyalaya Sangathan
All Regional Offices.

Sub: Implementation of MACPS in Kendriya Vidyalaya Sangathan in the matter of non-teaching employees of KVS-clarification regarding.

Sir/Madam,

References were being received from various Regional Offices of Kendriya Vidyalaya Sangathan seeking clarification in implementation of MACPS in the matter of non-teaching employees of KVS. Subsequently a committee was constituted to examine the doubts raised by various Regional Offices. Based on the recommendations of the committee in its meeting held on 21.09.2011, with the approval of the competent authority KVS the necessary clarifications are issued as under for immediate necessary action:

S.No
Doubt raised
Clarification
1.
Whether an individual who is eligible for ACP w.e.f. 1.1.2006 to 31.8.2008 will be granted ACP or MACP.
ACP only
2.
If a person opted for fixation of pay in the revised pay structure for ACP on or after 1.1.2006, whether his/her pay will be fixed in revised structure on the date of granting ACP as per para 6.1. of the Govt. of India OM dated 19.5.20093.
The matter has been clarified vide DOPT OM No.35034/3/2008-Estt (D) dated 9.9.2010, stating that the new MACPS has come into existence w.e.f. 01.09.2008 only. However, the pay structure has been changed w.e.f. 01.01.2006. Therefore, the previous ACPS would be applicable as per the new pay structure adopted w.e.f. 01.0 1.2006. However, the Govt. servant has to give his option under CCS (RP) Rules, 2008 to have his pay fixed in the revised pay structure either (a) w.e.f. 01.01.2006 w.r.t. his pre-revised scale on 01.01.2006; or (b) w.e.f. the date of his financial up gradation under ACP w.r.t. the pre revised scale granted under ACP. In case of option (b), he shall be entitled to draw his arrears of pay only from the date of his option i.e. the date of grant of financial up gradation under ACP.
3.
Whether an individual who has been granted ACP after 1.9.2008 to the date of issue of the letter of MACP i.e.19.05.2009 will be granted of ACP or under MACPS?
The MACPS has come into force w.e.f. 01.09.2008 as such, an individual who has been granted ACP after 1.9.2008 to the date of issue of the letter of MACPS i.e.19.05.2009 will be granted the financial upgradation under MACPS only. The financial upgradation under ACP will be applicable only upto 31.08.2008 and w.e.f. 01.09.2008 financial upgradation will be under MACPS accordingly.
4.
Under the provisions of MACPS the next higher Grade Pay is to be allowed while granting the 1st, 2nd or IIIrd MACPS. What will happen in the matter of grant of financial upgradation under MACPS to the Assistants in KVS?
Such cases need to be regularized under the provisions available under Para no.5 of Annexure-I of DOPT OM No. 35034/3/2008-Estt (D) dated 19.5.2009.
5.
Whether the promotion in the same grade pay will be counted for the purpose of MACPS.
YES
6.
In case, if the promotional post upgraded due to implementation of 6th CPC, then whether the ACP granted to the feeder post for the purpose will be upgraded or not?
In this regard Para no. 6.2 of the annexure-1 of DOPT OM No.35034/3/2008-Estt (D) dated 19.05.2009 may be referred to.
7.
Whether the grade pay of Rs.4600/- can be granted to such UDC who joined KVS on 25.05.1979 and eligible for 2 MACPS on 25.05.2009, as he is drawing grade pay of Rs.4200/- (1st ACP) on the basis of undertaking in terms of KVS (Hqrs.) letter No.F.12-17/99- KVS(Admn-I)(Vol-II dated 03.09.2009.
In this regard KVS circular no.F12-17/99-KVS/(Admn-1) dated 13.06.2011 may be referred to.
8.
Whether grade pay Rs.4600/- can be allowed in respect of Junior Stenos who are eligible for 2nd MACPS as their present grade pay is Rs.4200/- (1st ACP), if yes what will be their grade pay on up gradation of 3rd MACPS.
Yes, and in such cases 3 rd financial up gradation of Rs.4800/- will be granted in terms of Para 2, of Annexure-I to DoPT OM dated 19.05.2009
9.
A stenographer who joined as Sr. Stenographer (Grade-II) on 06.11.1995 and promoted as Steno grade-I on 01.04.2009 (who was granted 1st ACP w.e.f. 6.11.2007 on completion of 12 years of service as Sr. Stenographer in the same grade pay i.e. Rs.4200/-). Whether he is eligible for grade pay of Rs.4600/- w.e.f. 6.11.2007 or from the date of implementation of MACPS i.e. 01.09.2008.
Already clarified under point no.2 above.
10.
A person who joined as UDC on direct recruitment was granted 1st financial upgradation under the old ACP scheme and placed in the scale of Head Clerk. Now this person has completed 10 years drawing the pay of Head Clerk as on 29.11.2010. Is he entitled for 2nd financial upgradation under the new MACPS as the grade pay in this post of Head Clerk has been hiked from Rs.2800/- to Rs.4200/- already.
The individual cases need to be examined on file separately by concerned Estt Section in KVS (Hqrs.).
11.
A person initially joined as Group D staff and subsequently had 2 promotions to the post of LDC and UDC respectively, within a period of residency in the pay of UDC is less than 10 years. Is he entitled for 3 rd financial up gradation, if the normal service is 30 years.
Yes, on completion of regular service from direct entry in service.
12.
If an employee has been appointed as LDC and subsequently offered promotion as UDC and the promotion was refused by the employee, previously ACP was denied. But now the employee has accepted promotion after denied 1st ACP. Now whether the employee can be given 2nd financial upgradation under MACP scheme with adding debarment period.
In this respect Para no 25 of the Annexure I of the Dopt OM dated 19.05.2009 may be referred to.
13.
A person joined as UDC on direct recruitment in 1986. He got 1st promotion as Head Clerk in 1996. He got selected as Assistant clearing limited departmental examination in the year 2000. Whether he is eligible for 2nd gradation in the grade pay of Rs.4600/- counting Head Clerk and Assistant as merged cadre drawing same grade of Rs.4200/- or he should be given 3rd up gradation only after completion of 30 years which happens to be 2016.
Since the employee has already availed two promotions he may be granted 3rd financial up gradation with grade pay of Rs 4600/- in the year 2010.


The cases contrary to the above clarifications may be reviewed within one month from the date of issue of this circular.This may be circulated among all Kendriya Vidyalayas functioning under your Administrative jurisdiction.

Yours Faithfully,
(Dr. E. Prabhakar)
Joint Commissioner (Pers.)

Source: KVS
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A letter mentioning “details of the relaxation” would reach the state school education department soon, Bikram Sahay, the school education director in the ministry, said in Calcutta on Friday.

He was speaking on the sidelines of an event at the state primary education board.
The National Council for Teachers Education rules, which have come into retrospective effect from September 3, 2001, state that school teachers must have 50 per cent marks in graduation exams and a BEd degree.
In an attempt to improve the quality of school education, the council had asked all states to implement the rule at the earliest.
Before the 2010 school service examination, the erstwhile Left Front government had appealed to the Centre to relax the rule as there were not enough BEd colleges in the state.
As the Centre did not respond to the appeal, the state government chose not to abide by the council’s guideline while conducting last year’s exams.
The Trinamul-led government sent the same request to the Centre soon after assuming office. The dates for this year’s school service exams are yet to be announced.
“The government had told the Centre that it was difficult to score 50 per cent at the graduation level because of the conservative marking pattern followed by state universities,” said an education department official.
Asked about the Centre’s decision to temporarily relax the norms for Bengal, school education minister Bratya Basu said the government was yet to receive the letter.

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However, such obligations become an additional burden for an employer having mobile employees as it not only compels the employer to comply with the laws of the land but also with the laws of the host country with no real benefits from contributions made in the host country. To overcome such a situation, nations sign a bilateral agreement, known as Social Security Agreement (SSA), which generally provides for equality of treatment and avoidance of double coverage.

Unlike social security schemes in developed countries, the Indian social security schemes per se are different in their operation and scope. In India, retirement benefit is linked with the contribution made by the employee, employer and accretion thereof; in the developed nations, the benefit is not linked to the amount of contribution made by a person.

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To overcome such anomaly, with effect from November 1, 2008, the ministry of labour and employment amended the provident fund (PF) scheme to extend its applicability to 'international workers' (IWs). In case of IWs, the PF contribution is payable without any cap on salary and de minims period of stay in India for its applicability. The contribution is payable on the total PF part of the salary earned irrespective of the place/currency of payment. This has created a lot of concerns for many MNCs deputing/seconding employees in India.

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The report also recommended bringing down the minimum annual subscription of Rs 6,000 for the main NPS to Rs 1,000 per year to ease the entry barrier for investors. It would also help attract lower-end customers towards NPS.

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