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191ec minutes 1
CENTRAL COUNCIL OF INDIAN MEDICINE
NEW DELHI
MINUTES OF 191st MEETING OF EXECUTIVE COMMITTEE HELD ON
17.04.2014 AT NEW DELHI
PRESENT
1. Dr. Rashidullah Khan, President I/c Chairman
2. Dr. Amitabh Kumar, Vice-President (Ayurved) Member
3. Dr. V Stanley Jones, Vice-President (Siddha) Member 4. Dr. Bhirgupati Pandey Member
5. Dr. V.G. Udayakumar Member
6. Dr. Umesh Shukla Member
7. Dr. Srinivas K. Bannigol Member 8. Dr. Mohd. Shafique Member
9. Dr. Shuhabuddin Member
10.Dr. B. Muthukumar Member
Dr. Shamshad Bano, Asstt. Registrar (Unani), CCIM
Special Invitee could not attend the meeting :-
1. Dr. Vanitha Muralikumar Member
Agenda Item No. 1. Confirmation of minutes of the 190th meeting of
Executive Committee held on 04.04.2014 at New
Delhi.
It was noted that 190th meeting of Executive Committee was held on 04.04.2014 at
New Delhi. The minutes of the same were sent to all the members of the Executive
Committee on 15.04.2014 by email. However, the same were also placed before
the Committee at the time of consideration of the same.
Executive Committee confirmed the minutes of 190th meeting with the
following amendments/modifications:-
Deferred matter 190th EC Decision 191st EC Decision
1. Agenda Item No.3 :- Matter in respect of eligibility of teachers- regarding.
Executive Committee decided not to consider
S.No.115 as eligible teacher. Further, the matter of S.No.118 as well as other similar matters was referred to the Education Committee (Ayurved) to be constituted.
Executive Committee decided not to consider
S.No.115 as eligible teacher. Further, Executive Committee referred the matter of S.No. 118 to Screening Committee.
191ec minutes 2
Deferred matter 190th EC Decision 191st EC Decision
2. Agenda Item No.4 :- Verification of Computerized Central
Registration system for maintaining the records in respect of OPD/IPD for 13A/13C ASU Colleges.
A visitor will be sent to ASU Colleges to verify the operational computerized
OPD and IPD data of the Hospital. The Visitor has to verify whether the Central Computerized Registration system is available or not. The visitor has to submit the soft and hard copy of the OPD and IPD data from 01.01.2014 to till the date of verification. The visitor shall also verify at least 25 cases of IPD and IPD patients with the case
sheets.
Executive Committee deferred the matter to next EC and no
recommendation will be sent to Govt. of India till further orders.
3. Addl. Agenda Item No.14:- Matter related to teacher’s eligibility of SSMD, Moga.
Executive Committee ratified the same.
Executive Committee referred the matter to Screening Committee comprising of Vice-President (Ayurved) and four E.C. members of Ayurved.
4. Addl. Agenda Item No.22:- Ratification of the decision of President I/C in respect of payment to Senior Advocates and Legal Axis appearing on behalf of CCIM before various high Courts, Central Administrative Tribunal and Supreme Court of India.
After going through the heads/sub-heads of expenses mentioned in the bills of Advocates, while the EC agreed for payment of the above bills in accordance with the sanction of President I/c, CCIM, the Committee also noted that the expenses on some heads/sub-heads
are on higher side and needs fixation of expenses on each head/sub-head to be decided by Legal Affairs Committee (to be constituted).
Executive Committee approved and ratified the same. It was also decided that the status of the Council’s advocates will be treated at par with the Council’s Vice-President in respect of accommodation etc with food charges of
Rs.1000/- per day.
Agenda Item No.2. Engagement of Legal Consultant(s) (purely on
contract basis).
It was noted that in pursuance of the decision of the Executive Committee at its
188th meeting held on 04.03.2014 with regard to engage one more advocate/legal
consultant to look after and over see the work of Legal Section of the office of
191ec minutes 3
CCIM, a walk-in-interview was conducted on 11.04.2014 by the Committee of the
following members:-
PRESENT
1. Dr.Rashidullah Khan,President, I/c
2. Dr.Amitabh Kumar, Vice-President (Ayurved)
3. Dr. Vanitha Muralikumar, Member CCIM.
The following member could not attend the meeting:-
1. Dr. V. Stanley Jones, Vice-President (Siddha)
The following candidates appeared for interview before the Committee:-
S.No. Name Address & Phone No.
1. Ravinder Kumar 108,C.K. Dabtou Chamber block, Supreme court of
India, New Delhi
2 Krishan Kumar 383,Sector-4, Rohtak (HR)
3 Aishwarya Pathak 167, Patparganj, N. Delhi.
4 Banani Sikdar 6/685, Lodhi Colony, New Delhi- 9899075404
5 MD. Zahid Rayeen 151-A , D.D.A flats, Gajipur, Delhi
6 Meenu Goswami 256, Palam Ext. Sector-7 , Dwarka , New Delhi-77
7 Anil Kumar Verma 554/II Sector-2 Sadiq Nagar, N.Delhi-49
8 Tariq Adeeb R-28, IInd floor, pratap market, janpur
9 Amrit Jot Kaur Xxx1/1138/12,G.T.B Nagar,St.No.2,Ludhiana
10 Monika C-41, Mayur Vihar Phase -1 N. Delhi
11 Ranesh Chand A-5/198C Paschim vihar, N. Delhi
12 Sohan Kumar A- 111 MIG Brij vihar, Ghaziyabad U.P
13 Animesh G-60 Shakarpur , N. Delhi
The Committee also noted that at the time of decision for engagement of one more
advocate/legal consultant in the 188th meeting of E.C., there were two Legal
Consultants already in place in the office of CCIM but one Legal Consultant left the
job and presently there was only one Legal Consultant in the office. Then, the
Committee was informed that in the light of above decision of E.C., there should be
three Legal Consultants in the office of the Council whereas at present, there is only
one, therefore, two Legal Consultants were now to be engaged. Thereafter, based
on over all merit of the candidates, the Committee agreed to engage the following
two candidates temporarily as full time legal consultant (on purely contract basis)
on consolidated salary of Rs. 35,000/-per month in the following order of merit.
1. Ms. Banani Sikdar
2. Md. Zahid Rayeen
191ec minutes 4
Waiting list
The Committee did not find any suitable candidate for waiting list.
Executive Committee approved the same.
Agenda Item No.3. In respect of CWP No. 5/2014 titled as Mohit
Sharma vs. State of Himachal Pradesh, High Court
of H.P. at Shimla and bill dated 18.03.2014 from
Sandeep Sharma, ASG, in respect of above case.
It was noted that a letter/bill dated 18.03.2014 from Sh. Sandeep Sharma, ASG,
High Court of Himachal Pradesh at Shimla was received in this Council. In his letter,
the ASG has stated that he has accepted the notice on behalf of CCIM on
18.03.2014 and forwarded a copy of W.P. No. 5/2014 to this Council vide his ibid
letter and accordingly, claimed Rs. 6,000/- for appearance on 18.03.2014.
In this regard, it was noted that ASGs are engaged by GOI and accordingly
represent the GOI and bodies there under before the Court. However, CCIM has not
engaged him.
Executive Committee considered the same and did not agree for payment as
he was not authorized by the Council. Further, it was directed that brief
case status along with subject matter of the court cases be placed before
the EC.
Agenda Item No.4. Recommendation in respect of Court order
dated 11.10.2012 in WP No. 28662/2012 &
41692-73012/2012 titled as Bapuji Ayurvedic
Medical College and Hospital, Challakere,
Chitradurga, Karnataka Vs UOI & Ors in the High
Court of Karnataka at Bangalore- Reg.
It was noted that a letter No. R.17011/54/2012-EP(IM-1) dated 27.03.2014 was
received from Jasmine James, Under Secretary to Govt. of India, Department of AYUSH
forwarding therewith a copy of Order dated 11.10.2012 passed by the High Court of
Karnataka at Bangalore on WP No. 28662/2012 & 41692-73012/2012 titled as Bapuji
Ayurvedic Medical College and Hospital, Challakere, Chitradurga, Karnataka Vs UOI &
Ors. The content of the letter is as under:-
“I am directed to refer to your letter dated 18.03.2014 on the subject mentioned above
and to say that the department had forwarded to you copy of the court order dated
191ec minutes 5
11.10.2012 vide departments letter of even number dated 24.10.2012 for taking
necessary action incompliance to Court order refer to as above.
Later on the department vide its letter dated 12.02.2013 had forwarded to CCIM a copy
of compliance report received from the college in respect of court order dated
11.10.2012 for taking necessary action for furnishing their recommendation/report to
the Central Govt. for the session 2012-13.
The CCIM vide its letter dated 19.03.2013 had sent an inspection report with regard to
the aforesaid college. In the said inspection report the CCIM had concluded that the
college under reference did not fulfill the norms of the CCIM as claimed by the college.
Since the CCIM letter dated 19.03.2013 did not carry the specific recommendation with
regard to the direction issued by the Hon’ble High Court in its order dated 11.10.2012.
the department had requested them to furnish the same vide letter dated 12.02.2013,
21.10.2013, 08.01.2014 and subsequent reminder dated 11.03.2014.
On examining the recommendation of the CCIM vide its letter dated 18.03.2014 it is
observed that the CCIM has not furnished its recommendation in the spirit of the
judgment dated 11.10.2012 and also not examined the shortcomings for the session
2012-13 pointed out by the department in its letter dated 17.07.2012 during the visit.
Instead of the verification of the shortcomings for 2012-13 sessions the CCIM has
recommended to Central Govt. on the basis of recommendation for the year 2014-15.
Therefore, it is requested to furnish the CCIM’s recommendation in the matter in
accordance with the order of Hon’ble High Court dated 11.10.2012 particularly for the
session 2012-13 in respect of deficiency pointed out in the departments letter dated
17.07.2012.
This may be taken on top priority”. In compliance of Court Order Executive Committee decided to visit the college
by E.C. members namely: Dr. Bhirgupati Pandey, Dr. V.G. Udayakumar and
Dr. Srinivas K. Bannigol. Agenda Item No.5. Recommendation/inspection report of the Sri
Sidaramappa Danigond Memorial Trust’s Ayurvedic Medical College and Hospital, Bagalkot, Karnataka in compliance of Order dated 13.09.2013 passed by the High Court of Karnataka Bench at Dharwad- Reg.
It was noted that a letter No. R.12011/12/2005-EP(IM-1) dated 31.03.2014 was
received from Jasmine James, Under Secretary to Govt. of India, Department of AYUSH
regarding recommendation/inspection report of Sri Sidaramappa Danigond Memorial
Trust’s Ayurvedic Medical College and Hospital, Bagalkot, Karnataka in compliance of
191ec minutes 6
Order dated 13.09.2013 passed by the High Court of Karnataka Bench at Dharwad. The
content of the letter is as under:-
“I am directed to refer to your letter dated 18.03.2014 received in the department on
the subject mentioned above, in response to this department’s letters of even number dated 02.12.2013, 16.01.2014 and subsequent reminder dated 11.3.2014 respectively regarding compliance of court order dated 13.09.2013 of Hon’ble High Court of Karnataka bench at Dharwad in WP No. 66672 of 2012 (EDN –REG-P) field by Sri Sidaramappa Danigond Memorial Trust’s against the UOI & Ors.
In the light of above, the CCIM was requested for taking necessary action as per the direction of the Hon’ble High Court as mentioned in the aforesaid court order dated 13.09.2013 and to furnish specific recommendation to this department as early as possible. But the CCIM has sent its recommendation dated 18.03.2014 which is inconsistent in nature and not as per the direction of the Hon’ble High Court. Apart from
above the data for OPD/IPD and bed occupied for the year 2011 have not been furnished for taking a considered view by the Central Govt. Therefore, the CCIM is requested to furnish specific recommendations of the council alongwith inspection report containing the requisite OPD/IPD data etc. in format used for the year 2012-13 with the regard to the petitioner college as per direction of the
Hon’ble High Court dated13.09.2013 may be sent to this department so that the department of AYUSH may take further course of action. Any delay on part of the CCIM may attract legal consequence. Thus the CCIM is requested to send the same to this Department as early as possible to avoid any adverse observation of the Hon’ble Court.
This may be treated on top priority”
In compliance of Court Order Executive Committee decided to visit the college
by E.C. members namely: Dr. Bhirgupati Pandey, Dr. V.G. Udayakumar and Dr. Srinivas K. Bannigol. Agenda Item No.6. Regarding Visitation Report of Acharya
Deshbhusan Ayurvedic Medical College,
Bedkihal, Belgaum, Karnataka dated 06-07.12.2013 under section 13A for the increase intake capacity in UG course. - Reg.
It was noted that Acharya Deshbhusan Ayurvedic Medical College, Bedkihal, Belgaum, Karnataka was visited on 06-07.12.2013 under Section 13A by Dr. Sarangpani and Dr. Mallu Prasad. After going through the Visitation Report, it was observed that last page (pg -50) of Visitation Report, which includes certification and details of visitors alongwith signature was not filled up and signed by the visitors. Therefore, with the
approval of President I/c, CCIM, a clarification was asked from the visitors for the same. The clarification has now been received along with the duly signed relevant page of visitation proforma part I from the visitors which is as under:- “the signatures on certification column may be missed due to oversight. Hence we
request you regret the same and kindly consider our resubmission of certification page with our signatures”
191ec minutes 7
However, the recommendation of the said college under Section 13A has already been sent to GOI with the approval of E.C. on the recommendation of Screening Committee.
Executive Committee accepted the clarification and decided to send a warning letter to all the visitors in this case. Also, the office was directed to prepare such cases and bring to the notice of President I/c.
Agenda Item No.7. Visitation report of Baba Hira Das Ji
Ayurved Medical College, Muktsar,
Punjab under Section 13A - Reg.
It was noted that the matter was discussed in 190th meeting of EC held on 04.04.2014
under Addl. Agenda Item No. 13.
“Executive Committee decided that the details of TA Bill be placed before EC in
respect of all three members to ascertain the dates for which bill has been claimed”
In this regard, it was noted that only two visitors: namely, Dr. Gajendra Bharali and
Dr. G. Parsuram Reddy has claimed for the TA Bills.
The details of TA Bill claimed by Dr. Gajendra Bharali are as under:-
DEPARTURE Date & time
ARRIVAL Date & Time
Mode of Travel Distance in KM
Actual Fare Paid
28.12.2013
Residence, Kharhguli
Guwahati
Airport
By Taxi 600
28.12.2013 Guwahati Airport
New Delhi By Air 10,499
29.12.2013
New Delhi
Lajpat Nagar By Taxi 400
29.12.2013 New Delhi
Bhatinda By Rail 707
31.12.2013 Bhatinda
New Delhi Airport
By Rail 752
31.12.2013 Lajpat Nagar
New Delhi Airport
By Taxi 400
31.12.2013 New Delhi Airport
Guwahati Airport
By Air 10499
31.12.2013 Guwahati Airport
Residence By Taxi 600
Total 24,457/-
The details of TA Bill claimed by Dr. G. Parsuram Reddy are as under:-
DEPARTURE Date & time
ARRIVAL Date & Time
Mode of Travel Distance in KM
Actual Fare Paid
191ec minutes 8
DEPARTURE Date & time
ARRIVAL Date & Time
Mode of Travel Distance in KM
Actual Fare Paid
28.12.2013 16.00 Tirupati
28.12.2013 17.00 Tirupati Airport
By Taxi 30 550
28.12.2013 17.55
Tirupati
28.12.2013 18.55
Hyderabad Airport
By Air 5974
28.12.2013 22.00 Hyderabad Airport
29.12.2013 10.00 Tirupati
By Own Car 700 Km 7000
Onward Journey Concellation fee (Hyderabad to BOM & BOM to Chandigarh on 29.12.2013)
3648
Total 17,172/-
Further, it was noted that Dr. G. Parsuram Reddy also mentioned that “cancellation
information received on 28.12.2013 at 19:00 hrs”. However the payment for TA Bill
claimed by Dr. G. Parsuram Reddy has been made and the same for Dr. Gajendra
Bharali is yet to be made.
Executive Committee decided to constitute a Sub-Committee consisting of
Dr. Shuhabuddin and Dr. B.P. Pandey to look into the matter. The office was
also directed to prepare a note having all facts in chronological order.
Agenda Item No.8. Recommendation of Screening Committee in
respect of Tipu Sultan Unani Medical College
Gulbarga (Karnataka) visited under Section13A.
It was noted that visitation report in respect of Tipu Sultan Unani Medical College,
Gulbarga (Karnataka) was received late in the office of CCIM. The matter was
placed before President, I/c, CCIM and he directed to place the matter before the
Executive Committee. The Executive Committee in its 190th meeting decided to
send the recommendations to the Govt. of India. Accordingly, as per the directions
of President I/c, CCIM, a meeting of Screening Committee (Unani) was held at the
office of CCIM on 07.04.2014 at 03:00 PM to do scrutiny of the visitation report in
respect of the Tipu Sultan Unani Medical College, Gulbarga (Karnataka). The
recommendations of the Screening Committee are as under:-
S. No.
Name of the College Proposal Recommendations
1. Tipu Sultan Unani Medical College, Gulbarga (Karnataka)
Increase capacity from 40-60 UG seats.
Recommended for increase capacity from 40-60 UG seats.
191ec minutes 9
Executive Committee approved the same and decided to send the
recommendation to Govt. of India.
Agenda Item No.9. Expenditure for the month of March,
2014- regarding.
It was noted that the Central Council has made the following expenditure during the
month of March, 2014:-
S.NO. NAME OF HEAD AMOUNT
1 GPF Transferred 26097
2 Income Tax 50380
3 Wages 214871
4 Consolidated Salary 487559
5 Medical Reimb. 36270
6 Tuition Fee 42490
7 Stationery 363258
8 Telephone 9254
9 Postage & Telegram 51141
10 Newspapers & Periodicals Books 21240
11 Printing 47049
12 Legal 800262
13 Bank Charges 204
14 Misc. Exps. 353468
15 T.D.S. 102679
16 I.T. 35589
191ec minutes 10
S.NO. NAME OF HEAD AMOUNT
17 Courier 300
18 Maintenance 81847
19 Advertisement 32374
20 Publication 2451900
21 Taxi Hire 22614
22 Furniture & Fixture 71311
23 Office Equipment 97145
24 T.A. President 30126
25 T.A. Estab. 14091
26 T.A. Executive Committee 703383
27 T.A. Sub-Committee 324858
28 T.A. Member of Council 2032009
29 Conveyance 300
30 President's Relief Fund 72900
31 T.A. Visitation (Ayu.) 998929
32 T.A. Visitation (Unani) 777112
33 T.A. Visitation (Siddha) 295568
34 Visit Fee Refund 1050000
35 Bridge Course 6331
TOTAL 1,17,04,909
Executive Committee noted and approved the same.
191ec minutes 11
Agenda Item No.10. Extension of last date of issuance of
approval/disapproval of schemes
(applications) received in April, 2013
under the provisions of Section 13A of
IMCC Act, 1970 by the Central Govt. up
to 31.05.2014- reg.
It was noted that Govt. of India has sent a letter vide No. R.11011/06/2012-EP
(IM-1) dated 03.04.2014 on the subject mentioned above, wherein it has been
stated that the content are as under:-
“1. I am directed to state that under the provisions of the CCIM’s Regulations of 2003,
entitled “Establishment of New Medical College, Opening of New or Higher Course of
Study or Training and Increase of Admission Capacity by a Medical College Regulation,
2003” a Schedule is prescribed for processing of the schemes (applications) received for
the said purposes to obtain permission of the Central Government under Section 13A of
the IMCC Act, 1970. The Schedules is spread over a period of one year, starting from
the date of receipt of schemes in April and conveying of approval/disapproval by the
end of March of the following year. The different activities undertaken during the course
of one year includes visitation of colleges by Council’s inspection Teams, examination of
reports of inspection teams by various Committees of Councils and sending of their
recommendations to GOI and further processing including hearings and decision taking
in the Department of AYUSH, Government of India.
2. I am further directed to state that the Hon’ble High Court of Uttarakhand at Nainital had passed an order on 04.01.2014 in WP No. 1754/2013 filed by Dr. Ved Prakash Tyagi Vs. Union of India & Ors. Wherein the CCIM was directed not to forward the inspection report to the Central Government, and no further
action on such inspection report to be taken by any authority until ordered by the Court. The CCIM filed a Special Appeal No. 15/2014 in the Division Bench of High Court of Uttarakhand at Nainital against the order dated 04.01.2014 which was dismissed on 10.02.2014. the CCIM had challenged this dismissal through SLP No. 5230/2014 wherein the Hon’ble Supreme Court of India ordered on 21.02.2014 that “Interim relief to the effect that the petitioner-Council shall
carry out the inspections as provided under Section 13A and 13C of the Indian Medicine Central Council Act, 1970, where such inspections have not already been carried out or such inspections are required. The report of such inspections shall be forwarded to the Central Government, which may process the same, however, shall not pass any final order in the meantime.” Now, the matter is listed before the Hon’ble Supreme Court of India on 11.04.2014,whereas, the
prescribed time schedule in Regulations of 2003 has been expired on 31.03.2014 for the application of April, 2013.
191ec minutes 12
3. In view of the aforesaid position, the Central Government has taken a policy decision for extension of last date of issuance of approval/disapproval of schemes (applications) received in April, 2013 under the provisions of Section
13A of the IMCC Act, 1970 up to 31.05.214. 4. Therefore, the Central Council of Indian Medicine is hereby requested to notify
immediately the extension of last date of issuance of approval/disapproval of schemes (applications) received in April, 2013 under the provisions of Section 13A of the IMCC Act, 1970 up to 31.05.2014 as a onetime measure and to circulate it to all concerned colleges, Universities and State Governments and it
may be placed on the Council’s website for wider publicity.
Executive Committee decided to send the copy of letter to all colleges and to
upload on CCIM website.
Addl. Agenda Item No.1. Files regarding Educational matters
related to ASU to be routed through
concerned Vice-President of respective
systems.
It was noted that as per directions of President I/c, CCIM, the files regarding
Policy/Educational/Technical matters related to Ayurveda, Siddha and Unani
Systems may be routed through concerned Vice-President(s) of the system.
Executive Committee approved the same.
Addl. Agenda Item No.2. Visitation Report of Jamia Hamdard in
respect of admission qualification of
students admitted in BUMS Course for
the session 2012-13 and 2013-14 by Jamia Hamdard.
It had come to the notice of the CCIM that University has not admitted students in Ist year of “Kamile Tibb-wa-Jarahat” course for the year 2012-13 and 2013-14, as
per admission qualification prescribed by CCIM under concerned regulations. In this
regard two letters were sent to Jamia Hamdard University on 21.02.2014 with subsequent reminder dated 14.03.2014 but no response was received from the
University. However considering the sensitivity of the matter the President
Incharge, CCIM constituted a committee to visit the University on 03.04.2014 to collect the information as well as to ensure the admission of the year 2012-13 and
2013-14 in view of the concerned regulations prescribed by Central Council.
Executive Committee decided to send a strong letter/show-cause notice to the Registrar, Jamia Hamdard asking him to furnish the desired
information as asked by the CCIM within 15 days. It was also decided that
the information be asked in respect of compliance of the UG Regulation for admission to BUMS Course and in case of not in conformity, why the
admissions so taken be not cancelled. In case of non compliance, the
Council will have to initiate action for the de-recognition of its degree.
191ec minutes 13
Addl. Agenda Item No.3. Joint Representation dated 15.04.2014 of
Computer Operators and Peons working in the office of CCIM deployed by Contractor- M/s
Bedi & Bedi Associates, Karol Bagh, NewDelhi
regarding enhancement of salary.
It was noted that a joint representation dated 15.04.2014 was received from all the
Computer Operators and Peons working in the office of CCIM who are deployed by
the recently selected contractor - M/s Bedi & Bedi Associates , Karol Bagh, New
Delhi after fulfilling all the codal formalities with due process and approval of the
President I/c , CCIM. The representation is addressed to the President I/c, CCIM
with the request to issue orders/directions to the concerned for their direct
recruitment on contract basis and not through the contractor. In the representation,
it has also been stated that they fall within the definition of workmen and are
governed by Industrial Disputes Act, 1947 and urged to pass an order to the
concerned official not to deduct the salary for Gazetted holidays/Sundays. For their
sake, they have stated that PF & ESI are deducted from their monthly salary and
not from the daily wages, whereas, salary for Gazetted holidays/Sundays are
deducted only in the case of daily wages workers. Further, the Computer Operators
and Peons want consolidated salary @ Rs.13,000/-(Rupees Thirteen thousand only)
and Rs.10,000/-(Rupees Ten thousand only) per month respectively .
In this connection, before arriving at a decision, following observations and facts
are submitted:-
1. Open Tender was invited by the Council for providing the services of Computer Operators and Peons on outsources basis through contractor with
the approval of Hon’ble President I/c, CCIM.
2. As per Tender Form (Terms & Conditions of tender for providing the services of Computer Operators and Peons on outsources basis) duly
approved by the competent authority(President I/c,CCIM),following
Acts/Rules are to be followed mandatorily and without any deviation which are implemented in the State of Delhi:-
a. The Payment of Wages Act 1936
b. The Employees Provident Fund Act, 1952
c. The Factory Act, 1948 d. The Contract Labour (Regulation) Act, 1970
e. The Payment of Bonus Act, 1965
f. The Employees State Insurance Act, 1948. g. The Minimum Wages Act, 1948
3. On the recommendation of a duly formed Sub- Committee to finalize the tenders for the purpose, the rates quoted by M/s Bedi & Bedi
Associates, Karol Bagh, New Delhi were found the lowest and the contract
was accordingly awarded to the said agency.
191ec minutes 14
4. Presently, the rates of the said agency are as under as per Minimum Wages
Act:- (i) Computer Operator: Rs.10,686/- @ Rs.411/- per day
(ii) Peon: Rs.8,686/- @ Rs.311/- per day
(iii) Bonus: @ 8.33% extra on the above wages/salary per month
5. After entering into contract, all the persons working in the office of the
Council deployed by the Contractor are in no way any employee of the
Council. They are on the pay roll of the Contractor and for their wages/ salary, only the Contractor is solely responsible.
6. Since their services/wages/salary have been fixed as per Minimum Wages Act prevalent in the Sate of Delhi, they are eligible for D.A. as and when
declared by the Government.
7. As per terms and conditions of the tender/agreement, they are not a
workman/employee of the Council and hence they cannot directly approach to the President I/c, CCIM or any official/authority of the Council for any of
their grievances. They have to settle their grievances only with the
Contractor. Even, in case, they want to address any grievance directly in the Council, they should approach through proper channel and exhaust all
possible and legitimate ways and means but in no case by a joint
representation which is deadly against the office procedure and discipline.
8. Before placing the matter in the E.C. without administrative briefings, it would had been appropriate to examine the things by the office from
administrative point of view and then might have been placed before the
E.C. with administrative in-puts so that it may not be litigious , which the E.C. itself has also expressed time and again in the past.
9. If such representation is directly entertained by the E.C. without administrative in-puts, it may open a wrong precedence, which is not only in
violation of the terms and conditions of the tender/contract/agreement but
also against healthy atmosphere of the office and disciplinary norms.
10.It has been misrepresented that PF and ESI has to be deducted from the
monthly salary only and not from the daily wages. Also, their demand “not to deduct the salary for Gazetted holidays/Sundays” is not admissible
as per rules. Their claim, “to define their status as Workman and to be
governed by Industrial Disputes Act, 1947” is the sign of unwanted litigation in future.
In fact, regarding deduction of PF & ESI, it is submitted that this aspect was
already discussed in the PF office located nearby the CCIM office who was of
the opinion that deduction of PF & ESI is must for the persons deployed under the Minimum Wages Act which the CCIM is paying. As per the
Minimum Wages Act, a benefit of usual D.A. has been provided, resulting
191ec minutes 15
which salary/wages will automatically be increased after every six months as
per Government declaration. Provision of Bonus has also been made for the first time which was never before. Since the CCIM is a Central Government
Organization observing two days weekly off, but they are paid for all
Saturdays. Only the wages/salary for Sundays and Gazetted holidays are to
be deducted as per rules.
11. Due to full proof arrangement to avoid unwanted litigations, such
provision has been made in the Contract Agreement in which such persons have no relation of employee and employer with CCIM.
12. In support of their claim, they have only referred to the minutes of 68th meeting of SFC of the CCRAS held on 05.09.2012 but any
Office Order has not been referred to and neither a copy has been
shown or provided.
Executive Committee decided that the matter be examined by Secretary,
CCIM and the matter along with his comments be placed in next E.C.
Executive Committee decided that Dr. Vanitha Muralikumar be called as a
Special Invitee in all its meetings hence forth invariably.
It was also decided unanimously by the Executive Committee to hold the
next meeting i.e. 192nd Meeting of EC on 25.04.2014 at 2:30 P.M.
The meeting concluded with a vote of thanks to the Chair.