Wednesday, February 6, 2008

Inclusion of Staff Representatives in the local purchase Committee

No. 26-2/2008 – UPE 28.1.08
Sub: - Including staff representatives in the local Purchase Committee – General
Instructions regarding.
References / suggestions have been received from some quarters regarding inclusion of staff representative in the local Purchase Committee to avoid complains and ensure transparency.2. In this regard, attention is invited to the guidelines/instructions issued by the Department of Personnel & Training (DOP&T) vide O.M.No. 14/7/2003-JCA dated 21.11.2005 (copy enclosed). As per Rule 161 (ii) & (iii), a member to be nominated by the concerned staff Associations/Unions is also required to be associated in the Purchase Committee. These instructions may please be scrupulously followed.3. Receipt of this letter may please be acknowledged to Section Office (UPE).
OFFICE MEMORANDUM
No. 14/7/2003-JCA 21st November, 2005
Sub: - Procurement of uniforms (summer/winter) for common categories of employees in the Central Government Ministries/Departments – revised procedure under the General Financial Rules, 21005 – reg.
Ref: - Ministry of Finance OM No. 1/12/E.II(A)/94 dated 29.7.2005
The undersigned I directed to refer to the consolidated instructions issued in this Department OM No. 14/8/90-JCA dated 29.6.1990 and further orders issued from time to time dealing with the procedure for procurement and supply of summer/winter uniforms to common categories of Group ‘C” and ‘D” employees serving in various Ministries/Departments of the Central Government and to say as follows.
2. Consequent to the coming into force of the new General Financial Rules, 2005 (GFRs), it has become necessary to review and modify the existing ‘procedure for procurement/purchase of summer/winter uniforms’ for common categories of Group ‘C’ and ‘D’ employees serving in various Ministries/Departments of the Central Government so as to bring it in line with the provisions of the revised GFRs. In this connection, it is also relevant to note that vide OM dated 29-7-2005 cited above, the Ministry of Finance (Department of Expenditure) has clarified that the special dispensation from the process of inviting tenders/quotations provided to NCCF/Kendriya Bhandar in DOPT Welfare Division’s OM dated 14.7.1981 and 11.4.1994 under Chapter 8 of the old GFRs no longer holds good and that purchase/procurement of goods by Government of India offices will now be solely guided by the provisions of GFRs 2005.
3. In the circumstances, in super session of this extant instructions regarding procurement of summer/winter uniforms relating to Groups ‘C’ & ‘D’ employees in the Central Secretariat Ministries/Departments and its attached and subordinate offices, the purchase procedure to be followed in different exigencies and the relevant rules in the GFRs are outlined below:-
(i) Chapter 6 of the GFR’s 2005 pertaining to Procurement of Goods and Services may be carefully perused to ensure that the procurement/purchase procedure adopted is strictly in line with the prescribed rules. In this connection attention is specially drawn to some of the following important provisions, details of which may be obtained from the GRR’s 2005:-
Rule 137 – Fundamental Principles of Public Buying
Rule 144 – Reserved Items
Rule 145 – Purchase of Goods without Quotation
Rule 146 – Purchase of Goods by Purchase Committee
Rule 148 – Demand should not be divided into small quantities to make price-meal purchase
Rule 160 – Transparency, competition, fairness and elimination of Arbitrariness in the procurement process
Rule 161 – Efficiency, Economy and Accountability in Public Procurement System
(ii) As purchases should be made through a duly constituted Purchase Committee comprising of three members of appropriate level as decided by the Head of the Department, including one member from the Internal Finance Division and two belonging to the Administration Division. In addition, a fourth member may be associated with the Purchase Committee, to be nominated by the concerned staff Associations/Unions.
(iii) In case of purchase of goods of a value above Rs.15,000/- and up to Rs.1,00,000, on each occasion, purchase may be made only on the recommendation of a duly constituted Purchase Committee defined in para (ii) above, and as decided by the Head of the Department. The Committee will survey the market to ascertain the reasonableness of rate, quality and specifications and identify the appropriate supplier. Also, before placing the purchase order, the members of the Committee will jointly record a certificate and authenticate it, as under:
“Certified that we, S/Shri---------, members of the purchase committee, are jointly and individually satisfied that the goods recommended for purchase are of the requisite specification and quality, priced at the prevailing market rate and the supplier recommended is reliable and competent to supply the goods in question.”
(iv) Subject to the exceptions incorporated in Rules 151 and 154 of GFR’s 2005, invitation to tenders by advertisement should be used for procurement of goods of estimated value of Rs.25 lakhs and above.
(v) In case the Ministry/Department directly procure DGS&D rate contract goods from suppliers, the prices to be paid for such goods should not exceed the rates mentioned in the rate contract and the other terms and conditions of purchase should also be in line with those specified in the rate contract. In addition, the Ministry/Department has to make its own arrangement for inspection and testing of the goods, where so required.
3. While observing the above change in procedure, the Purchase Committee/Competent Authority may also keep in view the provisions of Rule 144 of the GFRs, 2005, that reads as under:-
“Rule 144. Reserved Items: The Central Government, through administrative instructions, has reserved all items of handspun and hand-woven textiles (Khadi goods) for exclusive purchase from Khadi Village Industries Commission (KVIC), it has also reserved all items of handloom textiles required by Central Government departments for exclusive purchase from KVIC and/or the notified handlooms units of ACASH (Association of Corporations and Apex Societies of Handlooms). The Central Government has also reserved some items for purchase from registered Small Scale Industrial Units. The Central Departments or Ministries are to make their purchases for such reserved goods and items from such units as per the instructions issued by the Central Government in this regard.”
Hindi version will follow.

Verification of Membership

To All Circle / Divisional / Branch Secretaries,
NUPE Group 'C'

Dear Collelagues,
The Department is likely to issue notification regarding verification of membership in the month of March 2008 and the verification would take place in the month of April 2008.
I appeal to all of you to start preparations from now onwards. This is an urgent and uphill task. Please start touring all the Divisions and meet the members individually and inform them about the verification process. Interact with them and apprise them of our activities at all levels. Try to settle urgent individual problems at your level immediately. Contact non members and convince them and enroll them in our Union.

This time, I wish to have 90 percent membership in NUPE Group 'C'

I hope all of you will rise to the occasion and start campaigning from now onwards.

With Warmest Greetings,

Yours fraternally.
D. Kishan Rao, G.S., NUPE Gr.C, New Delhi 110 018

Joint Programme of Action by Postal JCA

To
All Circle Secretaries/Divisional / Branch Secretaries,
Ntional Union of Postal Employees Group 'C'

Dear Collelgues,
The circular issued by the Postal JCA on 3.2.2008 has already been published in the web site. Sri.D.Theagarajan, Secretary General, FNPO, said that he would be forwarding the Charter of Demands of both the Federations as well as the sectional demands of the affiliated Unions to all the Circle Secretaries of FNPO affiliates.
Hence the Circle Secretaries are requested to forward the same to all the Divisions/Branches immediately so as to enable the branches to organise demonstrations etc., on 15.2.2008.
With warmest Greetings,

Yours fraternally,
D. Kishan Rao, G.S., NUPE Group 'C', New Delhi 110 018

Joint Programme of Action by Postal JCA

We met in the meeting of Postal JCA of NFPE and FNPO with all our affiliated Unions/Associations in the NFPE office on 1.2.2008 to assess the actual state of implementation of 19th April 2007 agreement by the Department of Posts and the sufferings and suffocations of the postal employees. We assessed that the Department of Posts is not serious in implementing the April settlement but in practice violated many assurances contained therein.

We also took into account the different Action Programmes under launch by various Unions/Associations of both of our federations jointly to ventilate the serious grievances of respective category of employees.

We have thereupon come to the unanimous conclusion that without sustained movement and a serious industrial action, the employees may not be rendered justice by the Government/Department of Posts.

Taking into account of all aspects we have unanimously decided to continue with the agitational programmes of individual Unions/associations as already declared. We have also decided in addition to launch a common programme of action under the banner of All India Postal Joint Council of NFPE and FNPO federations in the following manner to seek the settlement of all our pending issues.
15.2.2008
Submission of “Postal Sectional Charter of Demands” by Postal JCA to the Secretary (P) by holding mass demonstration in front of Postal Directorate and the4 same would be submitted to Chief PMG/PMG/SSPOs/SSRMs and other Administrative Heads at all level by holding demonstrations.
19.02.2008 to 15.03.2008
Intensive Post Card campaign to Hon’ble MOC & IT and Secretary (P); Protest demonstrations all over the country. The text of the Post Card campaign is as follows:-
SETTLE POSTAL SECTIONAL CHARTER OF DEMANDS SUBMITTED BY THE POSTAL JCA ON 15.02.2008 TO AVOID INDEFINITE STRIKE AAA STAFF SUFFER DUE TO ADMINISTRATIVE INACTION ON ALL ISSUES
1st WEEK May 2008
All India JCA will meet and announce the indefinite strike.
We request our Circle Secretaries to circulate this JCA Circular along with the Charter of Demands to all Divisional and Branch Secretaries under their circles, immediately to enable them to submit the same to the respective Head of Division We also request our Circle Secretaries to hold demonstrations and submit the same to respective Regional/Circle Heads on 15.02.2008 and also take all efforts to the success of the second phase of the Post Card campaign etc and prepare all employees for the eventual industrial action to win our justified demands.

Comrades and Colleagues! We wish to assure you that the Postal JCA has full confidence on the rank and file that they would play their due role in carrying out the above programme of action with all seriousness.
Comradely yours,
D.Theagarajan K.Ragavendran
Secretary General Secretary General
FNPO NFPE