F.No.712/251/HRD/WF-1/1

Directorate General of Human Resource Development

Customs & Central Excise

Infrastructure & Welfare Wing

C-4, IRCON Building

District Centre, Saket

New Delhi-110 017

To,

All Staff Welfare Associations 26^th JULY, 2013

(Recognized under CBEC)

Sub: Proposal of “HEALTH INSURANCE SCHEME for CBEC Employees” – Reg.

As you are aware a new scheme for HEALTH INSURANCE SCHEME for CBEC Employees is under consideration by the DGHRD. All the Associations are requested to actively participate in drafting of the proposed HEALTH INSURANCE SCHEME such that the scheme is sustainable and its benefits can percolate to all cadres effectively. The draft of the proposed scheme is enclosed. You are requested to through the proposed modalities of the draft Scheme and give suggestions on the following points:

(a) Should the CBEC employees (proposed beneficiaries) also contribute a portion of the premium for the proposed Health Insurance cover?

(b) What should be the estimated contribution? It is felt that 20% of the premium should be the contribution from the employee and the rest 80% of the premium would be paid from the Welfare Fund. Approximately 20% of the estimated premium will be Rs. 500/-per annum which can be deducted yearly from the salary of the Departmental employee. Income tax benefit may also be available on the premium paid for the proposed Scheme.

(c) At present, the CGHS beneficiaries pays Rs. 600/- to Rs. 6000/- per year for the CGHS Scheme benefits as a contribution of Rs. 50/- to Rs. 500/- per month, (depending upon the Grade Pay of a CGHS beneficiary) is deducted from his/her salary. With a meager payment of Rs. 500/- per annum, additional medical benefits worth Rs. 2 lakh will be available to the employee and his family under the proposed Scheme. The CGHS Scheme will continue and contribution of premium will also be deducted from the salary of the employee.

(d) Each Association may like to estimate as to how many employees are willing to participate with the above broad parameters? You may estimate the numbers for the respective cadre the concerned Associations is representing through an informal survey and commit to enroll a minimum number from each Cadre .this will enable this office to estimate the size and spread of the scheme.

Any other suggestions in any of the proposed components of the Scheme can be given by email/fax to

With Regards,

Yours Sincerely,

Meenu S. Kumar

Addtnl. Director, (I&W); DGHRD

HEALTH INSURANCE SCHEME FOR CBEC EMPLOYEES

BACKGROUND:

As an outcome of the all India Conference of Chief Commissioners and Directors General, 2012, four Break-Away Groups were constituted for parallel discussion on different issues. The Break-Away Group-IV deliberated on Staff Welfare. One of the recommendations made by this group was to explore corporate style tie-up with good hospitals in every major city for effective treatment of Departmental employees and their families. The suggestions are as reproduced below:

‘’TIE-UP WITH GOOD HOSPITALS……

The existing CGHS facilities particularly in metros have been restrictive/non-existent to fulfill genuine needs of the employees. It is desirable that department should explore corporate style tie-up with good hospitals in every major city, for effective treatment of our officers and their families. The difference between the CGHS entitlement and negotiated fees of the hospital can be met either by Welfare Fund or through an insurance agency scheme suitably negotiated for the whole service to leverage better rates.’’

In pursuance of the above recommendation, a new Health Insurance Scheme is proposed (in addition to the existing facilities under CGHS/CSMA Rules) for the government employees working under CBEC.

A. NAME OF THE SCHEME: ‘’Health Insurance Scheme of CBEC ’’. The office of DGHRD will act as the Nodal Agency of the welfare scheme.

B. COVERAGE OF THE SCHEME:

The Health Insurance Scheme will provide Cashless access to Health care facilities to 55,000 working employees of CBEC and his/her family { “family “as defined under the CGHS/CS (MA) Rules, 1944 and the guidelines issued by Central Government from time to time} thereby enabling access to healthcare facilities for In-Patient department (IPD) i.e. Hospitalization in over 3,000 hospitals / nursing homes which are empanelled/recognized under CGHS/CSMA Rules across the country with an Annual Checkup of the Government Employee once in a year. Initially the new scheme will be for two years as a pilot project, for providing a health insurance cover to every employee of CBEC and his/her family worth Two Lakh rupees for one year at a time from the date of contract. The insurance cover will include all pre-existing diseases. However the OPD facility will continue to be provided through the CGHS scheme, as per the CGHS/CSMA Rules.

C. SCOPE OF THE SCHEME:

1. The working employees of CBEC and his/her family (herein after referred to as the “employee”), can avail the medical benefits on actual expenses incurred by him/her and without the restriction of the CGHS price sub-limits (but restricted to up to the cover of Rs. 2 lakh per annum).

2. The government employee (including his/her family) can avail the benefits’ worth the medical insurance cover of Rs. 2.00 lakh in a year. Thereafter, treatment can be obtained under CGHS/CSMA Rules on the previous (existing) pattern.

3. The treatment will be on cashless basis i.e without any upfront payment to be made by the individual to the hospital.

D. FINANCING:

It is proposed that the Scheme may be financed completely from the Welfare Fund and 100% of the premium for the health insurance cover will be paid by the Central Govt. on behalf of the CBEC employee.

E. ANTICIPATED PREMIUM:

The Health insurance Cover will be upto Rs. 2.00 Lakh p.a. on family floater basis for all Ailments including Critical Illness ** (Without CGHS Limits /Cap)

Particulars	Amt. (Rs.)
i) Net premium payable ( Excl. S.Tax)	15.00 crores
ii) Insurance Company liability per annum	15.30 crores
iii) * Service Tax @12.36% on Premium	1.85 crores*
iv) Net Premium Payable (incl. S.Tax)	16.85 crores

*Exemption from Service Tax has been granted to a few Govt. Sponsored Welfare Schemes vide Notification no. 25/2012- Service Tax dtd. 20.06.12 issued by Min. of Finance, Department Of Revenue, Govt. of India. CBEC may like to consider similar exemption for the proposed HIS Scheme for CBEC employees too.

** “Critical illness” includes following ailments: Cancer, Coronary artery bypass surgery, neurological surgery, First heart attack, Kidney failure, Multiple sclerosis, Major organ transplant, Stroke, Aorta graft surgery, Paralysis & Primary pulmonary arterial hypertension.

F. Eligibility of beneficiaries:

1. All employees of CBEC (of all Groups/Cadres) and their family (as defined under the CGHS rules) shall be insured.

2. The employees to be insured shall be from those already enrolled under CGHS/CSMA having a valid CGHS Card or the certificate issued under CSMA Rules. The data of new employees will be sent to the HRD duly certified by the Head of the Department periodically.

3. New entrants on appointment/ marriage/ birth shall also be eligible.

G. ADVANTAGES OF THE NEW HEALTH INSURANCE SCHEME :

1. Cashless Health care treatment for all employees in over 3,000 hospitals / nursing homes across the country.

2. The employee can avail the medical benefits on actual expenses incurred by him/her without the restriction of the CGHS price sub-limits (but restricted up to the cover of Rs. 2 lakh in a year).

3. The employee can avail the cashless IPD benefits’ worth Rs. 2.0 lakh per year. Thereafter, he/she can obtain the treatment under CGHS/CSMA Rules on the previous (existing) pattern.

4. An annual Medical check-up will be conducted by the insurance company for all employees of CBEC (of all Groups/Cadres).They will be required to conduct the tests as prescribed under the CGHS norms. Thus there will be gross saving on the expenditure incurred from the medical funds at present.

5. No upfront payment to be made by the Govt. employee and thereby no medical reimbursement claims will be required to be filed by the employees until the limit of health cover is exhausted.

6. Saving on human resources dedicated at present for processing the claims, since all the claims will be processed by the insurance company and will be settled directly by them with the empanelled hospitals.

H. Benefits:

a. 100% Premium shall be paid by CBEC on behalf of all the employees.

b. The Health Insurance Scheme shall be for a period of 2 years for the individuals w.e.f. the date of agreement between CBEC and Health Insurance Service provider.

c. The insured members can claim Medical benefits worth Rs. 2.0 lakh per annum under the Health Insurance cover. The health insurance cover will replace the medical benefits provided from the Welfare Fund by DGHRD under the welfare schemes and the service provider will bear the cost of treatment up to the cover limit of Rs. Two lakh. However expenses over and above the Rs. 2.0 lakh cover may be considered by the Governing Body on a case to case basis.

d. Employee to utilize the medical cover of up to Rs. 2.0 lakh under the new health insurance scheme first. Thereafter, (beyond this limit of 2 lakh), further treatment can be continued from CGHS, on reimbursement basis, under the existing CGHS/ CSMA Rules.

e. In case of death of the employee due to accident, the education fees up to maximum of Rs. 3,000/- per month will be paid by the insurance company for the Dependent children for the academic year.

f. Treatment in higher category of accommodation than the entitled category is not permissible under this scheme. If it happens, at the discretion of the card holders then the cardholder is liable to pay the extra expenses to the Hospital directly.

g. Cost of implants, if any, over and above the package rates will also be borne by the insurer.

h. Pre-existing diseases shall be covered.

i. In case of death due to accident, expenditure of carriage of dead body to be borne by the insurance company up to Rs.10,000/-

j. Free annual Medical check-up for all employees of CBEC as per tests prescribed under the CGHS norms.

k. Pre & Post hospitalization benefits can be availed under the insurance cover for up to 07 days and up to 15 days respectively.

l. The insurance cover will also include minor surgeries which do not require hospitalization (such as Cataract etc.) i.e involving only one-day or less than 24 hours treatment.

m. All the benefits/procedures will be on the pattern of the CGHS scheme wherever not mentioned.

I. EXCLUSIONS :

1. Any dental treatment or surgery which is corrective, cosmetic or of aesthetic procedure, including wears and tears etc.

2. Sex change.

3. Vaccination.

4. Those insured persons who are already having two or more living children will not be eligible for Maternity benefit.

5. Pre-natal and post-natal expenses, unless admitted in the Hospital/Nursing Home and treatment is taken there.

6. Any type of OPD treatment.

J. ENROLMENT:

I. Identification to be as per existing CGHS membership.

II. The health insurance cover shall be for a period of two years subject to midterm review at the end of the first year of contract.

III. The entire 100% annual insurance premium shall be borne by the Central Government CBEC per annum along with the Service Tax, as applicable on behalf of all the employees.

IV. The insurance companies shall be selected through a transparent process and shall enter into a contract with the Department, through DGHRD, for implementation of the scheme.

V. Each insurance company shall be awarded the contract at the lowest rate of premium offered by it (being the L1 bidder).

VI. With this background, technical and financial bids will be invited from all insurance companies dealing with health insurance and licensed by Insurance Regulatory and Development Authority (IRDA) for implementation of the Health Insurance Scheme for working employees of CBEC and their families.

VII. If the utilization of total accrued premium received from the Central Government (CBEC) does not reach 80% of the actual pay-out made towards claims settlement then the differential balance amount (i.e. 80% of total premium paid by CBEC minus the actual pay-out in claims settled) shall be rolled over and adjusted in the premium payable by CBEC for the next year. However, in the second year, such differential amount, if any, will be refunded to CBEC by the Insurance Company, within one month of the expiry of the contract period, failing which the insurance company is liable to refund the said amount with interest @ 10% p.a. and a penalty of Rs. 50 lakh. Insurance company shall submit claims MIS as per CBEC requirements.

K. DISPOSAL OF CLAIMS:

a. All hospitalizations in all locations shall be on cashless basis which means the beneficiary doesn’t have to pay any cash charges upfront.

b. The actual expenses incurred on the treatment will be paid in full by the insurance company uptil the insurance cover limit of Rs. Two lakh per employee.

c. Once the insurance cover limit for IPD treatment is exhausted (i.e. the 2.0 lakh cover), the employee can seek further treatment from CGHS directly on the earlier (existing) pattern as per the CGHS /CSMA Rules/Scheme.

d. The insurance company is liable to provide the facilities of medical cover once the enrollee is admitted just before the date of expiry of the contract/insurance cover period, provided the cover amount is not exhausted.

e. In case any claim is found untenable, the Insurer shall communicate reasons to the Nodal Agency for this purpose with a copy to the beneficiary. Insurer will file a report to the Nodal Agency explaining reasons for denial of each claim periodically and these reports shall be reviewed by the D.G.(HRD) on monthly/quarterly basis.

L. MODALITIES OF IMPLEMENTATION:

1. Cadre Controlling Officer’s office would be the contact point for the Insurance Companies. The data related to employees will be provided by the Head of the Department to the Insurer ( duly verified from the Service Book) with copy to the Nodal Agency.

2. The valid CGHS Card or the filled in Enrolment forms will be given by the Department to the Insurance Company within 60 days from the date of entering the contract.

3. The enrollment in the first year should be completed by the insurer within 60 days and the insurance cover will become effective for complete one year (excluding the 60 day period) for all those enrolled uptil that date. However the insurance cover period for those enrolled after 60 days will reduce to that extent. Therefore the onus of providing the verified data to the service provider within 60 days is on the department. The enrolment of new entrants will continue throughout the year.

4. Insurance Company will issue Smart Cards to the employees along with the list of the Networked Hospitals, the benefits and the contact details of their persons with toll-free number of their help centre.

5. If the card is lost within the policy period then beneficiary can get a new card issued by paying to the insurer, a pre-defined fees agreed by the Nodal Agency.

6. Publicity shall be given by the Insurer and the Nodal Agency through website, Advisory Committee Members and Circulars and through Workshops and Kiosk/help centers by the Insurance Company in Zonal Head Quarters.

7. The details of the Scheme and further amendments, if any, as well as enrolment form would be put up on the web-site of DG (HRD) and of all Commissionerates.

8. Insurance Company will also provide the Application Performa through their website and the Head of the Department/empanelled Hospitals/Nursing Homes/Day Care Clinics and the beneficiaries’ can access the website to see the relevant information. All relevant data shall be uploaded on the insurer’s website on a read-only access and a link shall be provided to the DG (HRD).

9. The Insurer shall provide Management Information System (MIS) reports regarding the enrolment, admission, claim settlement and such other information regarding the Services to the Nodal Agency monthly. Nodal Agency will also monitor data related to enrolment etc. available through their website.

M. MID TERM REVIEW:

A mid-term review of the Scheme will be carried out by a Review Committee, headed by DG (HRD), CBEC, at Delhi, with the following composition, for making recommendations to the Board for continuation/ extension of the Scheme:

1. Director General, HRD, CBEC Chairperson

2. Any Zonal Chief Commissioner (co-opted by DG, HRD) Co-Chairperson

3. Addl. Director General (I&W), DGHRD Member

4. Addl. Director General (EMC), DGHRD Member

5. Addl. Director (I&W), DGHRD Member-Secy.

N. GRIEVANCE REDRESSAL:

a. In case of any grievance faced by the beneficiary, a Grievance Redressal Committee (GRC), headed by a Zonal Chief Commissioner, will be constituted to settle the grievances and settle the disputes on the claims, if any.

b. The Grievance Redressal Committee (GRC), will comprise of the following members:

1. Zonal Chief Commissioner Chairperson

2. Executive Commissioner at Zonal Hqr. Member

3. Additional Commissioner, CC Unit Member-Secretary

4. Authorized Representative of

Health Insurance Service provider Member

c. The GRC will meet periodically as decided by the Chairperson of the GRC.

d. The decision of the Grievance Redressal Committee (GRC) will be final and binding on all.

---------------------------xxxxxxx---------------------

This is a very welcome move by the board. A similar insurance cover was suggested by the then Commissioner (Cadre Control) Jaipur Ms. Praveen Mahajan in year 2002 and accordingly a proposal regarding creation of “Rajasthan Customs and Central Excise Personnel’s Welfare Trust”was prepared and submitted by the Inspectors Association Rajasthan to the administration.

Copy of said proposal is attached below.

DRAFT

TRUST DEED

Rules & regulations

“Rajasthan Customs and Central Excise Personnel’s Welfare Trust”

( A welfare trust established under Indian trust act, in order to help financially, the government servants themselves in case of their physical or mental disability of a kind rendering them unable to serve with the department or their families in case of their death during service of the Customs & Central Excise department Rajas than)

Head office

Central Excise Commissionerate, Jaipur-I (Headquarters) New central revenue building, Statue Circle, C-Scheme, Jaipur, Rajasthan

Drafting committee:

Rajeev Gupta(IRS),

Lekhraj Meena(Inspector),

D.D.Sharma(Inspector)

_______________________________________________________________

TRUST DEED

In order to help financially the government servants themselves in case of their physical or mental disability of a kind rendering them unable to serve with the department or their families in case of their death during service of the Customs & Central Excise department, Jaipur, a personnel welfare trust meant for the welfare of all group – A to Group- D personnel of the Customs & Central Excise department Rajasthan, Jaipur is being set up as under: -

1. Name of the trust:
This trust shall be called “The Rajasthan Customs and Central Excise personnel’s welfare trust”.

2. Head Office:
Head office of the trust shall be situated at Jaipur in the headquarter’ s of the Central Excise Commissionerate, Jaipur-I.

3. Membership:

All the Group-A to Group-D officers of the Customs & Central Excise department working in all the offices of the department situated in the territorial jurisdiction of Rajasthan State and all the officers of the combined cadre of Customs Commissionerate, Jaipur, Central Excise Commissionerate, Jaipur-I and Central Excise Commissionerate, Jaipur-II working outside Rajasthan on deputation or otherwise are also eligible to be members of the trust.

4. Aims & Objectives:

To make financial help available to the –

(i) Government servant himself in case of his physical/ mental disability rendering him unable to serve with the department or

(ii) Family of a deceased government servant in case of the govt. servant’s death during service with the department.

5. Working style, funds management: -

(A) A trust committee shall be constituted for the regular general supervision and management of day-to-day affairs of the trust.

(B) Members will get themselves registered with the trust and subscription and fees etc.,will be collected from them as per rules.

(C) Funds of the trust shall be invested suitably for earning maximum profits so that the same can be utilized for disbursement of financial help to the Govt. servants or their families, as the case may be, and expenditure with respect to office management can also be met out.

(D) Movable and immovable properties can also be purchased and sold by the trust and the same can also be pledged or mortgaged if need be.

(E) Gifts, donations and grants etc. shall also be accepted by the trust for creation of the funds.

(F) The trust will manage its office establishments as per rules made by it, staff will be recruited for office management, accounts will be kept and other suitable procedures will be followed in order to achive the goals of the trust.

(G) The trust will make its own rules and regulations and the trust committee will be empowered to make suitable amendments therein as and when required as per the procedure laid down.

In accordance with the provisions of this trust deed, the following officers of the Customs and Central Excise department, Rajasthan, Jaipur are willing to constitute this trust: -

(1) S.Chandra, Chief Commissioner (JZ), CCE, Jaipur

(2) Praveen Mahajan, Commissioner, CE, Jaipur-I.

(3) T.H.K.Ghauri, Commissioner, CE, Jaipur-II.

(4) K.D.Tayal, Commissioner, Customs, Jaipur.

(5) President, Raj CCE (Gazetted) Executive Officer Association, Jaipur

(6) President, Raj CCE (Non-Gazetted) Executive Officer Association, Jaipur

(7) President, CCE Ministerial Association, Jaipur

(8) President, CCE Group-D Officers Association, Jaipur

Rules and regulations:

1. Nomination:

The trust shall be called “Rajasthan Customs & Central Excise Personnel Welfare trust.”

2. Head Office:

Head office of the trust shall be situated in Jaipur at the headquarters of Central Excise Commissionerate, Jaipur-I.

3. Membership:

The following persons will be eligible to become members of the trust subject to fulfillment of the conditions specified hereinafter: -

MEMBERS:

(a) All the Group – A officers of the Indian Customs & Central Excise services who are working in Rajasthan state.

(b) All the Group – B, C and D employees of the combined cadre of Customs and Central Excise, Rajasthan irrespective of the fact that they are working with some other organization on deputation or otherwise in Rajasthan or outside Rajasthan.

Conditions of eligibility:

(A) Every Group A, B or C (Executive) officers desirous of becoming a member of the trust will have to pay a sum of Rs. 50/- as registration fees and apply in the prescribed format. However, a Group-C ministerial and Group ‘D’ officer will have to deposit a sum of Rs. 20/- only as registration fees while applying for membership in the prescribed format.

(B) Membership fees can be deposited through deduction from the salary in four equal monthly installments of Rs. 15/- to 50/- as the case may be.

(C) Failure to deposit the membership fees in full will be deemed as if the government servant had not become member of the trust and no financial benefits will be payable to him or his family in case of any eventuality. Any claim with respect to such government servants shall be out-rightly rejected. Any proportionate claim will not be entertained and the installments of membership fees deposited by such government servants shall be forfeited to the trust. However, if any employee dies during the course of deduction of the regular equal monthly installments or becomes physically or mentally incapable of being a member of the government service, all financial benefits shall be extended to him or his family, as the case may be.

(D) A person shall be deemed to have become a full pledged member of the trust only if he has deposited the amount of membership fees in full. Before deposit of the full amount of membership fees one will not be eligible to exercise any noting or other powers exercisable by the members of the trust.

(E) Persons who are presently in service can become members of the trust within one year of its constitution while those who join government service after constitution of the trust can become members of the trust during one year of their joining the Govt.service . Anyone wishing to be a member of the trust thereafter shall have to pay a sum twice the prescribed membership fees.

(F) Each member of the trust shall be allotted a membership number and will also be eligible to get a membership registration certificate issued by the Secretary of the trust committee in the prescribed format.

4. Sources of funds for the trust :

Sources of funds of the trust will be anyone or all of the following: -

(A) Initial fund of the trust shall be received through grants to the fund received from the employee / officers association in the following manner: -

Ø Group A officers - Rs. 5000/-

Ø Group B (Executive) officers - Rs. 5000/-

Ø Group C (Executive) officers - Rs. 5000/-

Ø Group C ministerial officers - Rs. 4000/-

Ø Group D officers(sepoy / driver) - Rs. 2000/-

TOTAL Rs.21000/-

(B)A monthly sum received from the members as trust fund in the following manner: -

Ø Group A officers - Rs. 50/-

Ø Group B officers - Rs. 40/-

Ø Group C (Executive) officers - Rs. 40/-

Ø Group C ministerial officers - Rs. 25/-

Ø Group D officers (sepoy / driver) - Rs. 15/-

The monthly deduction shall commence from the pay of the month following the months in which the membership has been received from the government servant.

(D) Donations received from department officers, public in general, public bodies, industrial or business houses, social or other organizations without use of the authority of the posts held by the members of the trust.

(E) Income from the activities of the trust,

(F) Income from investment of the funds of the trust.

Note: - All the donations / contributions / grants given / made to our fund shall be exempt from payment of income tax under the provisions of Rule 80 G (5) (vi) of the income tax Act, 1961.

5. Investment of the funds of the trust: -

All the sums received by the trust from its members and others shall be first deposited in the Bank account of the trust and thereafter invested in any nationalized bank or government securities and the funds shall be called “Rajasthan Customs & Central Excise Officers Welfare Fund”.

6. Payment of financial benefits to the member or their families: -

(A) In case of a member’s death while in service with Rajasthan Customs & Central Excise or on deputation to any organization anywhere in India or abroad, a sum as prescribed below shall be paid to his/her family in the manner prescribed below: -

(i) Sum of money to be paid: -

§ Group A officers - Rs. 100000

§ Group B & Group C (Executive officers - Rs. 80000

§ Group C Ministerial Officers - Rs. 50000

§ Group D Officers - Rs. 30000

(ii) To whom the sum is to be paid: -

Family members of the deceased govt. servant as declared by the Govt.Servant in this regard to the department including children born after making such declaration and members added by way of legally valid marriage or adoption. However, the sum of money will be paid to the family members jointly and in case they do not agree to receive the sum jointly the same will be distributed amongst them equally.

(B) In case a member of this trust becomes physically or mentally incapable of continuing with, the Govt.service the sum of money as prescribed in item No. 6(A)(i) shall be paid to the government servant’s saving bank account.

(C) If the trust committee is of the opinion that the funds of the trust are in abundance it may increase the sums payable as prescribed in item NO. 6(A)(i) above to a sum not more than twice the amount prescribed above. Moreover, such an increase can be made only after passage of a period of two years from the date of commencement of the trust and the increased sum will not be reduced during the immediately succeeding five years.

(D) Physical or mental disability of any kind will be accepted, as a claim only when the Govt.servant becomes incapable of continuing with the Govt.job and if anyone opts out of the job on his own will not be eligible to claim the financial benefits as prescribed above.

(E) Every claim for financial assistance shall be submitted to the advisory body of the concerned office who shall forward the same to the trust committee within 15 days for further action. However, interim relief may be granted immediately in deserving case by the General Secretary equal to 20% of the assured sum pending finalisation of the claim.

7. Nomination of family members: -

The following shall be deemed to be the family members of a deceased government servant –

¨ Widow wife or widower husband.

¨ Parents of the deceased Govt.servants or in-laws of the deceased Govt.servant if they are deemed as family members under the personal law in force.

¨ Minor unmarried children of the Govt.servant whether born or adopted.

¨ Minor unmarried brothers and sisters of the Govt.servants.

¨ Widowed Sisters of the Govt.servant.

Any of the family members as described above will be eligible to receive the financial assistance only if he/she was actually financially dependent on the Govt.servant. Self-supporting members of the family shall not be granted the assistance but rest of the members of family even partly dependent on the Govt.servant will be eligible to receive the financial assistance.

8. Trust Committee:

The trust committee shall consist of the following: -

(i) One Chairman

(ii) One General Secretary

(iii) Seven Trustees

Þ Chief Commissioner (JZ), Customs & Central Excise Rajasthan shall be the ex-officio Chairman of the trust committee. The chairman shall have his office in Rajasthan and also exercise jurisdiction over the state of Rajasthan.

Þ Additional Commissioner/ Joint Commissioner (P&V), Central Excise, Jaipur-I will be the ex. Officio general secretary of the trust so long as he exercises jurisdiction over group- C & D cadres as disciplinary authority.

Þ The chairman shall nominate seven persons as trustees at least one from each cadre, out of whom one will be nominated as secretary of the trust.

Þ Term of office of the trustees shall be of two years and whenever any person ceases to be a trustee due to any reason the chairman can nominate someone from that cadre as a trustee in place of him. Such a nomination can also be made in case of a trustee’s retirement, resignation or ceasing to be a member of the service if his replacement can not be found in normal course of appointment of trustees as provided under these rules.

Þ Decisions of the trust committee shall be taken by a two thirds majority.

Þ Any member of the trust committee can be removed from the committee by the president of the committee due to his physical or mental incapacity willful absence from the regular meetings of the trust committee and proved misbehavior.

9. Advisory bodies

Advisory bodies will also be setup at divisional level in order to coordinate with the trust committee. These bodies shall consist of three members on of them shall be the AC/DC of the concerned division also shall be head of the advisory body. One member of these bodies shall be selected by majority vote from amongst supdts / inspectors of customs & Central Excise while the other member shall be selected through the same procedure from amongst other cadres of the divisional office. These advisory bodies shall advised the trust committee on issues related to the trust and sand their general quarterly report to the trust committee.

The advisory bodies shall attend the annual general meeting of the trust held for approval of audited accounts and other decisions as prescribed under the rules. The advisory bodies shall also be responsible for examination and forwarding of the cases of claim for financial help under the fund rules.

No claim for financial assistance shall be considered unless forwarded by the advisory body of the concerned divisional office. However, in exceptional cases the trust committee may by a simple majority take up the case directly for consideration if the advisory body fails to forward the case with a period of one month.

Advisory bodies shall also be constituted at headquarters of each of the three Commissionrates. Three members of the advisory bodies shall be DC/AC (AE-I), / DC/AC (AE-II), /DC/AC (P), one member from amongst supdt / Inspector and the third from other cadres related, by majority vote.

10 . Duties of the office bearer:

(1) President

He will preside over the meetings of the trust committee and will decide the issues by two-thirds majority of the meeting of the trust committee. In case of simple majority being in favor of a proposal the President may utilize his casting vote.

(2) General Secretary:

(A) He will be responsible for the proper and effective working of the office of the trust and will do all things necessary for implementation of the decisions of the trust committee as also for achievement of the goals of the trust.

(B) He will call the regular meetings of the trust committee by order of the President and will keep the trust committee informed of the activities of the trust. He will take notes of the minutes of the meetings of the trust committee and will keep records of the activities of the trust.

(C) He will keep and control the accounts of the trust and will keep the trust committee informed of the financial changes and will obey the directions issued by the committee in this regard.

(D) He will have the powers to operate the bank and other accounts of the trust and to draw funds for payment of office expenditure as well as to the members or their families. The General Secretary will make all the payments by authorization of the committee, though emergency payments can be made by prior approval of the president but such payments shall be placed before the committee for post-facto approval. All the payments to the members/ their families shall be made through account payee Cheque or demand draft only.

(E) In case of the President’s absence due to any reason General Secretary will preside over the meetings of the trust committee.

(3) Secretary:

(A) He will comply with the directions issued by the General Secretary and will help the General Secretary in performance of his duties.

(B) He will perform the duties of the General Secretary in case of his absence due to any reasons.

(4) Trustees:

(A) Trustees will attend all the meetings of the trust.

(B) Trustees will ensure that goals of the trust are achieved to the extent maximum possible.

11. Meetings, Quorum and Decisions:

(i) Meetings of the trust committee shall be held every three months.

(ii) Quorum of the meetings of the trust committee will be six members present in person including the President.

(iii) Every decision in the meetings of the trust committee shall be taken by two-thirds majority of all the members of the committee. However, the President of the committee will be competent to take a decision by his vote exercised on simply majority of members approving such a decision.

12. Accounting year and Audit.

(i) Accounting year of the trust will commence from 1^st April every year and end on 31^st March of the next calendar year.

(ii) A Chartered Accountant appointed by the President every year would audit accounts of the trust.

(iii) The audited accounts of the trust will be placed before the meeting of the trust committee for discussions and approval.

13. Legal disputes and jurisdiction of courts:

(i) A court of competent jurisdictional situated in Jaipur shall be competent to hear all the matters of legal disputes arising with respect to the functioning of the trust. No legal proceedings shall be taken up against the trust in any court outside Jaipur.

(ii) The trust shall be competent to appoint its legal representative to its cases pending before the courts.

14. Amendment to the rules and regulations:

The trust committee shall be competent to amend the rules and regulations by a two-thirds majority of all the members of the trust committee.

15. Interpretation:

Decisions of the trust committee by two-thirds majority shall be final with regard to any disputes arising out of the interpretation of Rules and regulations.

We the following trustees do hereby append our signature in token of having agreed by consensus to implement with immediate effect the aforesaid rules and regulations: -

Name Post Signature

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Sunday, August 04, 2013

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