Thursday, April 10, 2014



Grant of Dearness Relief to Central Government pensioners/family pensioners – Revised rate from 90% to 100% effective from 1.1.2014. DoP&PW Order:-

Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioner’s Welfare
3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi – 110003
Date: 09th April, 2014
Subject: Grant of Dearness Relief to Central Government pensioners/family pensioners – Revised rate effective from 1.1.2014.
The undersigned is directed to refer to this Department’s OM No. 42/13/2012-P&PW(G) dated 3rd Oct, 2013 on the subject mentioned above and to state that the President is pleased to decide that the Dearness Relief (DR) payable to Central Government pensioners/family pensioners shall be enhanced from the existing rate of 90 % to 100% w.e.f. 1st Jan, 2014.
2. These orders apply to (i) All Civilian Central Government Pensioners/Family Pensioners (ii) The Armed Forces Pensioners, Civilian Pensioners paid out of the Defence Service Estimates, (iii) All India Service Pensioners (iv) Railway Pensioners and (v) The Burma Civilian pensioners/family pensioners and pensioners/families of displaced Government pensioners from Pakistan, who are Indian Nationals but receiving pension on behalf of Government of Pakistan and are in receipt of ad-hoc ex-gratia allowance of Rs.3500/- p.m. in terms of this Department’s OM No. 23/1/97-P&PW(B) dated 23.2.1998 read with this Department’s OM No. 23/3/2008-P&PW(B) dated 15.9.2008.
3. Central Government Employees who had drawn lumpsum amount on absorption in a PSU/ Autonomous body and have become eligible to restoration of 1/3rd commuted portion of pension as well as revision of the restored amount in terms of this Department’s OM No. 4/59/97-P&PW (D) dated 14.07.1998 will also be entitled to the payment of DR @ 100% w.e.f. 1.1.2014 on full pension i.e. the revised pension which the absorbed employee would have received on the date of restoration had he not drawn lump sum payment on absorption and Dearness Pension subject to fulfillment of the conditions laid down in para 5 of the a.M. dated 14.07.98. In this connection, instructions contained in this Department’s OM NoA/29/99-P&PW (D) dated. 12.7.2000 refer.
4. Payment of DR involving a fraction of a rupee shall be rounded off to the next higher rupee.
5. Other provisions governing grant of DR in respect of employed family pensioners and re-employed Central Government Pensioners will be regulated in accordance with the provisions contained in this Department’s OM No. 45/73/97-P&PW(G) dated 2.7.1999 as amended vide this Department’s OM No. F. No. 38/88/2008-P&PW(G) dated 9th July, 2009. The provisions relating to regulation of DR where a pensioner is in receipt of more than one pension, will remain unchanged.
6. In the case of retired Judges of the Supreme Court and High Courts, necessary orders will be issued by the Department of Justice separately.
7. It will be the responsibility of the pension disbursing authorities, including the nationalized banks, etc. to calculate the quantum of DR payable in each individual case.
8. The offices of Accountant General and Authorised Public Sector Banks are requested to arrange payment of relief to pensioners etc. on the basis of these instructions without waiting for any further instructions from the Comptroller and Auditor General of India and the Reserve Bank of India in view of letter No. 528-TA, II/34-80-II dated 23/04/1981 of the Comptroller and Auditor General of India addressed to all Accountant Generals and Reserve Bank of India Circular No. GANB No. 2958/GA-64 (ii) (CGL)/81 dated the 21st May, 1981 addressed to State Bank of India and its subsidiaries and all Nationalised Banks.
9. In their application to the pensioners/family pensioners belonging to Indian Audit and Accounts Department, these orders issue after consultation with the C&AG.
10. This issues with the concurrence of Ministry of Finance, Department of Expenditure conveyed vide their OM No.1( 4)/EV/2004 dated 07th, April, 2014.

11. Hindi version will follow.

( Charanjit Taneja)
Under Secretary to the Government of India


Wednesday, April 9, 2014

Documents to be verified before buying any property



Before buying any property or land in India, following legal documents or legalities should be checked.
1.Title deed / certificate of title of the land

When you are planning to buy any property, first and foremost thing is to check down the title deed of that property. The property title deed is the legal document which proves the ownership of property. The title deed presents certain rights and freedom to the person who holds it and such deeds are required where person wants to transfer his ownership.It includes description of property along with the person’s name that holds it and multiple persons can be listed as owner as well. An official seal is used to point out that the deed is recorded officially and normally it is signed by an owner(s) and a witness who may be a regional officer or a clerk.
So as a buyer you have to ask for original deed not a Xerox because sometimes the seller might have taken a loan and given in the original deed.
You should make sure through the title deed that the property is in the name of solely a seller and no one else is and he has all rights to sell it. The best practice is to get reviewed the property deed by an expert lawyer just to make sure that there are no loop holes.
As a good buyer you may also ask for a previous deed and get reviewed by a lawyer.
2. Encumbrance certificate
The encumbrance means any liabilities or charges created on any property in terms of any security of any debit by property owner which is not discharged as on date. It might be held as security against bank loan against property. Encumbrance certificate is necessary to check the title clearance of property when buying any property. This legal document is issued by registering authority. Government authorities and financial institutes like bank is requested encumbrance certificate for the period of 13 years but you can ask for up to 30 years as well to be checked. Then after if you still have any doubts, you can get possession certificate of ownership for a particular land from village office.
3. Torrence Plan
Torence plan is detailed plan of the property which is done by a licensed surveyor. All the measurements details in it are accurate in terms of length, width, borders etc. this plan is necessary for some specific areas only.
4. Pledged land
Many property owners take bank loan by pledging their property. So check they have paid the entire amount due when you are going to buy that property. If they have paid entire amount due then bank has issued them a “Release certificate”. Ask for the same as this release certificate is necessary whenever you want to take any loan in future.
5. Property Tax receipts
Property taxes are first charge on property that is paid to government or municipality. So you have to make enquiry in government and municipal offices to ensure whether all tax has been paid as on date. You can ask for latest tax receipt from owner. In this way you can check whether any notices or requisitions are issued on property or any tax due on the property. While you are checking property tax receipt, there are two columns in it. One is for owner’s name so verify it and other is for tax payer. In some cases, the tax receipt is not with owner. In such cases, you should contact village office with the survey number of land and confirm the original owner.
6. Measurement of Property 
It is prudential to measure the land before registering any property. In this way you can ensure the measurements and borders of land are perfect and accurate. You should get done it with authorized surveyor as you will avoid many problems coming in future. For the sake of your knowledge you should take surveys sketch from survey department and do ensure the accuracy.
7. Owner or Owners
In some cases, it’s possible that there will be more than one owner of property. In that case get No Objection Certificate or Release certificate from other owners.
8. NRI owner
An NRI can also sell his property in India. For this he gives Power of Attorney to third person whom he give rights for selling the property on behalf of him. The most important thing is to ensure the Power of Attorney is witnessed and is duly signed by an officer of the Indian Embassy. The Power of Attorney signed by a notary public has no legal support I such a case.
9. Deed/ Sale Agreement
After sorting out all the things whether financial or any other between buyer and seller, it’s now turn for advance payment and agreement between them. The agreement is done on 5o Rs stamp paper. It includes the final actual amount, advance payment, time limit to pay due amount and how to pay in installments, time indication when the actual sale should take place. It also includes what to do to cover loss if one of buyer or seller makes default. This ensures that the seller does not defer cost in any case after finalization and he doesn’t sell to another party meanwhile. This agreement can be done by an expert lawyer and signed by both the parties with two witnesses. After doing this agreement, if one from both parties makes any default then another one should take legal action against him.
10. Property Registration
All property sales will be held illegal unless the transaction is by means of a sale deed duly stamped and registered. After collecting and checking all the documents, you have to register land/ property at the Sub-Registrar or the SDM (Sub District Magistrates) of your area.
Mail: for clarification and advice.
(Source-Lawyers club)

Tuesday, April 8, 2014



Quite comprehensive I must say but how much would they be able to achieve at the end of the day would matter far more than mere promises on paper.  
Page 38 concerns security issues. It says BJP will:- Address the issue of reforms with regards to defence equipment, support services, organizationalreforms and other related matters. Address the increasing shortage of commissioned and non-commissioned staff in the defenceforces on a priority basis, in a time bound manner. Implement one rank, one pension. Build a War Memorial to recognize and honour the gallantry of our soldiers. Take measures to make Short Service Commission more attractive.   
Set up the National Maritime Authority which will be equipped with the best of infrastructure, and will focus on coastal security. Modernize armed forces, and increase the R&D in defence, with a goal of developing indigenous defence technologies and fast tracking of defence purchases. Deal with cross border terrorism with a firm hand. Review and improve the border management. Punitive measures will be introduced to check illegal immigration. Set up four dedicated defence universities.
Appoint a Veterans Commission to address the grievances of veterans, including reforming ECHS and re-employment of ESM. Ensure greater participation of AFs in the decision-making process of the MoD. Implement measures to improve the efficiency of Armed Forces Tribunals, and minimize appeals by the Govt. Ensure that servicemen can register and vote from their place of posting. Initiate the process of digitization of defence land in cantonment and in other places.  
Quite fauj-friendly but let us now see the most important part of IMPLEMENTATION if NDA comes to power. :|  

Tuesday, April 1, 2014

One rank one pension for Constitutional Office: Supreme Court on judges pension


PTI  New Delhi, March 31, 2014
Supreme Court
The Supreme Court of India.
The Supreme Court Monday held that "one rank one pension must be the norm in respect of a Constitutional Office" of judges and allowed the plea of former judges of high courts and apex court drawn from the Bar that their retirement benefits should be matched with those elevated from subordinate courts. The apex court delivered the judgement in this regard on the petitions filed by former judges of the higher judiciary alleging discrimination as the years served by them at Bar as advocates are not considered in grant of pension while those elevated from subordinate courts get the benefit of their service duration.
A three-judge bench headed by Chief Justice P Sathasivam said such classification was not only "unreasonable" and "adversely affects the image of the Judiciary" but also comes in the way of quality of justice as capable lawyers do not show inclination towards Judgeship. "When persons holding constitutional office retire from service, making discrimination in the fixation of their pensions depending upon the source from which they were appointed is in breach of Articles 14 and 16(1) of the Constitution. One rank one pension must be the norm in respect of a Constitutional Office," the bench, also comprising justices Ranjan Gogoi and N V Ramana said.
It further said "When a Civil Servant retires from service, the family pension is fixed at a higher rate whereas in the case of Judges of the High Court, it is fixed at a lower rate. No discrimination can be made in the matter of payment of family pension". The bench said there should not be any discrimination with regard to the fixation of their pension irrespective of the source from where Judges are drawn and they must be paid the same pension just as they have been paid same salaries and allowances and perks as serving Judges.
"Only practicing Advocates who have attained eminence are invited to accept Judgeship of the High Court. Because of the status of the office of High Court Judge, the responsibilities and duties attached to the office, hardly any advocate of distinction declines the offer. "Though it may be a great financial sacrifice to a successful lawyer to accept Judgeship, it is the desire to serve the society and the high prestige attached to the office and the respect the office commands that propel a successful lawyer to accept Judgeship," the bench observed.

Tuesday, March 25, 2014

Interim Orders of the Supreme Court on voting rights of defence personnel

As many readers would be aware, the Supreme Court is looking into the aspect of effective voting for armed forces personnel, including voting at their places of posting.

The problem originates from the fact that the Election Commission of India by way of an order has ordained that only personnel with more than 3 years of residence at their place of posting would be permitted to register as general voters at the said place. Of course, this 3 year rule does not find basis in any statute.

The case was listed today and it seems that the Apex Court has directed in its interim directions that armed forces personnel would be allowed to be registered as voters without insisting on the 3 year clause in all those constituencies where the poll process has not yet commenced. The main petition remains pending and may be decided by a larger bench.

Readers may like to view an opinion on the subject on StratPost.

More when the Supreme Court order is made available.
(Source-Indian Military news)

Faujis can vote as general voters. Kinda

Although the Supreme Court has allowed armed forces personnel to vote as general voters, there are significant caveats and its interim order is likely to benefit only a small percentage of service voters in the General (600 x 341)

The Supreme Court has ordered the Election Commission of India to allow armed forces personnel to vote as general voters in the constituencies where they reside. In its interim order, the Court directed the ECI to register defence personnel as general voters in constituencies where the election process has not commenced, making the order applicable to peace stations and to personnel posted since January 01, 2014 who continue to be stationed there.

It is important to note that this is an interim order and the final decision of the court on the writ petition is still awaited. Also, this order is likely to benefit only a small percentage of service voters.
It was pointed out that service voters could, so far, only vote as general voters if they had resided in the constituency for a period of at least three years.

It was further pointed out that most armed forces personnel have tenures that amount to less than the period of three years and the argument was made that this prevented most service voters from exercising their franchise, even as other sections of the voting demographic are allowed to vote after having resided for, in some cases, no more than six months in a constituency. The Court appears to have accepted this contention and has reflected it in its interim order.

According to figures that emerged during the hearings in this case, there are around 15 lakh (1.5 million) service voters. Out of these, around 13.6 lakh (1.36 million) have already registered themselves for voting by postal ballot. This order would, therefore, not be of benefit to them as they are already registered voters.

Further, since the election process has already commenced in 225 constituencies, no unregistered service voter in these constituencies would be able to benefit from this order and vote as a general voter. This order would only apply in the remaining 318 constituencies. During the course of the hearings it was argued that allowing armed forces personnel to vote as general voters in the constituencies where they reside could create voting blocks in areas with large concentrations of armed forces personnel. It was further argued that this could even have the effect of turning a hitherto reserved constituency into an unreserved constituency because of the change in the qualified voter demography.

While the Court left this matter to be decided on merit in its final decision, it allowed the Election Commission the right to continue to deny political parties permission to campaign in cantonments and military stations, pending its final decision.