Rules

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 700 , CUTTACK, THURSDAY, MAY 3, 2018 / BAISAKHA 13, 1940

OFFICE OF THE CHANCELLOR, RAJ BHAVAN, BHUBANESWAR

NOTIFICATION

The 30th April, 2018

No.234–U-06/2018/SG(HE)— In pursuance of sub-section (1) of Section 22 of the Odisha Universities Act, 1989 (Odisha Act 5 of 1989), the Chancellor is pleased to make the following rules, namely:—

1.Short title and commencement.– (1) These rules may be called the Odisha Universities (non-teaching employees) Revised Scales of Pay Rules, 2018.

(2) They shall be deemed to have come into force on the 1st day of January, 2016.

2. Application.– (1) Save as otherwise provided by or under these rules, these rules shall apply to all persons in whole time employment of the Utkal University, Berhampur University, Sambalpur University, Shri Jagannatha Sanskrit Vishvavidayalaya, Ravenshaw University, North Odisha University, Fakir Mohan University, Rama Devi Women's University, Khallikote University and Gangadhar Meher University.

(2) These rules shall not apply to,–

(i) persons engaged by the Universities on contract basis except when the contract provides otherwise;

(ii) persons re-employed in University service after retirement;

(iii) persons paid out of contingencies;

(iv) persons paid otherwise than on a monthly basis including those paid only on piece-rate basis;

(v) persons not drawing pay in regular scales of pay f or whom no revised scales of pay are prescribed;

(vi) employees borne in the "Work-charged Establishment" as defined in the Resolution of Government in the erstwhile Political and Services Department No.9488, dated the 18th June 1974;

(vii) employees covered under University Grants Commission/All India Council of Technical Education Scales of Pay;

(viii) persons not in whole time employment under Universities; and2 (ix) any other Class or category of persons whom the Chancellor may, by order, specifically exclude from the operation of all or any of the provisions contained in these rules.

3. Definitions.– In these rules, unless the context otherwise requires,—

(i) "Existing Basic Pay" means pay drawn in the prescribed existing Pay Band (including-IS) and Grade Pay, including stagnation increment, personal pay granted to protect the total emoluments on account of loss of pay, advance increments granted, if any, but does not include any other type of pay like "special pay";

(ii) "Existing Pay Band and Grade Pay" in relation to a pay band and grade pay of a University employee, means the Pay Band and the Grade Pay (including -IS) applicable to the post held by the University employee or, as the case may be, any personal pay in the Pay Band and Grade Pay applicable to him as on the 1st day of January, 2016 whether in a substantive or temporary capacity;

(iii) "Existing Pay Structure" in relation to a University employee means the present system of Pay Band and the Grade Pay (including -IS) applicable to the post held by the University employee as on the 1 st day of January, 2016 whether in a substantive or officiating capacity:

Provided that the expressions "existing basic pay" and "exi sting Pay Band and Grade Pay" in respect of a University employee who on the 1st day of January, 2016 was on deputation or on leave or on f oreign service or on training or who would have on that date continued in one or more lower posts but for his officiating in a higher post, shall mean such Basic Pay, Pay Band and Grade Pay in relation to the post which he would have held but for his being on deputation or on leave or on foreign service or on training or officiating in a higher post, as the case may be;

(iv) "Existing Emoluments" means the sum of existing basic pay and existing dearness allowance allowed to the Basic Pay as on the 1st day of January, 2016;

(v) "Pay Matri x" means Matri x as specified in the First Schedule, with levels of Pay arranged in vertical cells as assigned to corresponding existing Pay Band and Grade Pay.

(vi) "Level" in the Pay Matrix shall mean the Level corresponding to the existing Pay Band and Grade Pay attached to the post or grade as specified in the First Schedule;

(vii) "Pay in the Level" means pay drawn in the appropriate Cell of the Level as specif ied in the First Schedule;

(viii) "Revised Pay Structure" in relation to a post means the Pay Matrix and the Levels specif ied therein corresponding to the existing Pay Band and Grade Pay of the post unless a different revised Level is notified separately for the post;

(ix) "Basic Pay" in the revised pay structure means the pay drawn in the prescribed Level in the Pay Matrix but does not include any other type of pay like special pay;

(x) "Revised Emoluments" means the pay in the Level of a University employee in the revised pay structure;

(xi) "Schedule" means schedule to these rules;

(xii) "Cell" means the pay arranged vertically against the corresponding Pay Band and Grade Pay or Level of the Pay Matrix;

(xiii) "Finance Department" means the Finance Department of the Government;

(xiv) "Government" means the Government of Odisha;

(xv) "Pay" means the pay as defined in clause (i) of sub-rule(a) of rule 33 of the Odisha Service Code in the existing scale and shall include —

(a) ad hoc increment granted in the shape of personal pay on account of stagnation at the maximum of the existing Pay Band;

(b) personal pay including reducible personal pay granted due to fixation of pay to protect the total emoluments on account of loss of pay;

(c) advance increment granted, if any.

Note - A list of existing Pay Band and Grade Pay and their corresponding Level in the revised pay structure in the Pay Matrix is as specified in the First Schedule.

4. Level of posts.– The Level of posts shall be determined in accordance with the various Levels as assigned to the corresponding existing Pay Band and Grade Pay as specified in the Pay Matrix.

5. Drawal of pay in the revised pay structure.– Save as otherwise provided in these rules, a University employee shall draw pay in the Level in the revised pay structure applicable to the post to which he is appointed:

Provided that a University employee may elect to continue to draw pay in the existing pay structure until the date on which he earns his next or any subsequent increment in the existing pay structure or until he vacates his post or ceases to draw pay in the existing pay structure:

Provided further that in cases where a University employee has been placed in a higher Grade Pay between 1st January, 2016 and the date of notification of these rules on account of promotion or up-gradation, the University employee may elect to switch over to the revised pa y structure from the date of such promotion or up-gradation, as the case may be;

Explanation 1 -The option to retain the existing pay structure under the proviso to this rule shall be admissible only in respect of one existing Pay Band and Grade Pay.

Explanation 2 -The aforesaid option shall not be admissible to any person appointed to a post on or after the 1st January, 2016 as afresh, whether for the first time in University service or by transfer from another post and he shall be allowed pay only in the revised pay structure.

Explanation 3 - Where a University employee exercises the option under the provi so to this rule to retain the existing pay structure in respect of a post held by him in an officiating capacity on a regular basis for the purpose of regulation of pay in that pa y structure under any rule or order applicable to that post, his substantive pay shall be substantive pay which he would have drawn had he retained the existing pay structure in respect of the permanent post on which he holds a lien or would have held a lien had his lien not been suspended or the pay of the officiating post which has acquired the character of substantive pay in accordance with any order for the time being in force, whichever is higher.

6. Exercise of option.– (1) The option under the proviso to rule 5 shall be exercised in writing in the Form as specified in the Second Schedule so as to reach the authority mentioned in sub- rule (2) within three months of the date of notification of these rules or where any revision in the existing pay structure is made by an order subsequent to the date of notification of these rules, within three months of the date of such order:

Provided that,–

(i) In case of a University employee who is on the date of such notification or, as the case may be, date of such order, on leave or deputation or foreign service or active service, the said option shall be exercised in writing so as to reach the said authority within three months of the date of his taking charge of his post and/ or within three months from the date of notification of these rules to the Administrative Department or Heads of Department or Head of Office as the case may be; and

(ii) Where a University employee is under suspension on the 1st day of January, 2016, the option may be exercised within three months of the date of his return to his duty if that date is later than the date prescribed in this sub-rule.

(2) The option shall be intimated by the University employee to his Head of Office.

(3) If the intimation regarding option is not received within the time mentioned in sub-rule(1), the University employee shall be deemed to have elected to be governed by the revised pay structure with effect from the 1st day of January, 2016.

(4) The option once exercised shall be final.

Note-1 Persons whose services were terminated on or after the 1st day January, 2016 and who could not exerci se the option within the prescribed time limit, on account of discharge on the expiry of the sanctioned posts, resignation, dismissal or removal on disciplinary grounds shall be entitled to exercise option under sub-rule(1).

Note-2 Persons who have died on or after the 1st day of January, 2016 and could not exercise the option within the prescribed time limit are deemed to have opted for the revised pay structure on and from the 1st day of January, 2016 or such later date as is most beneficial to their dependents if the revised pay structure is more5 favourable and in such cases, necessary action shall be taken by the Head of Office.

Note-3 Persons who were on earned leave or any other leave on the 1st day of January, 2016 which entitled them to leave salary shall be entitled to exercise option under sub-rule(1).

7. Fixation of initial pay in the revised pay structure.– (1) The initial pay of a University employee who elects, or is deemed to have elected under rule 6 to be governed by the revised pay structure on and from the 1st day of January, 2016 shall, unless in any case the Governor by special order otherwise directs, be fixed separately in respect of his substantive pay in the permanent post on which he holds a lien or would have held a lien if it had not been suspended, and in respect of his pay in the officiating post held by him in the following manner, namely:–

In the case of all employees,—

(i) the pay in the applicable Level in the Pay Matrix attached to a post or the pay in the applicable Level in the Pay Matrix to be arrived under rule 13, as the case may be, shall be the pay obtained by multiplying the existing basic pay as on 01.01.2016 by a f actor of 2.57, rounded off to t he nearest rupee and the figure so arrived at will be located in that Level in the Pay Matri x and if such an identical figure corresponds to any Cell in the applicable Level of the Pay Matrix, the same shall be the pay, and if no such Cell is available in the applicable Level, the pay shall be fixed at the immediate next higher Cell in that applicable Level of the Pay Matrix;

Note- Illustration 1 to 8 provided in this context in the Annexure 1 which is

annexed to these rules. Annexure 2 illustrates the process to arrive

at the applicable Level for the fixation of pay.

(ii) if the minimum pay or the first Cell in the applicable Level is more than the amount arrived at as per sub-clause (i) above, the pay shall be fixed at minimum pay or the first Cell of that applicable Level.

(2) (i) A University employee who is on leave on the 1st day of January, 2016 and is entitled to leave salary shall be entitled to pay in the revised pa y structure from 1st day of January, 2016 or the date of option for the revised pay structure;

(ii) A University employee, who is on study leave on the 1st day of January, 2016 shall be entitled to the pay in the revised pay structure from 1st day of January, 2016 or the date of option;

(iii) A University employee under suspension shall continue to draw subsistence allowance based on existing pay structure and his pay in the revised pa y structure shall be subject to the final order on the pending disciplinary proceedings;

(iv) Where the existing emoluments exceed the revised emoluments in the case of any University employee, the difference shall be allowed as personal pay to be absorbed in future increases in pay;

(v) Where in the fixation of pay under sub-rule (1), the pay of a University employee, who, in the existing pay structure was drawing immediately before the 1st day of January, 2016 more pay than another University employee junior to him in the same grade in the cadre, gets fixed in the revised pay structure in a Cell lower than that of such junior, his pay shall be stepped up to the same Cell in the revised pay structure as that of the junior;

(vi) Where a University employee is in receipt of personal pay on the 1st day of January, 2016, which together with his existing emoluments exceeds the revised emolument s, then the difference representing such excess, shall be allowed to such University employee as personal pay to be absorbed in future increases in pay;

(vii) In case where a senior University employee promoted to a higher post before the 1st day of January, 2016 draws less pay in the revised pay structure than his junior who is promoted to the higher post on or after the 1st day of January, 2016, the pay of the senior University employee in the revised pay structure shall be stepped up to an amount equal to the pay as fixed for his junior in that higher post and such stepping up shall be done with effect from the date of promotion of the junior University employee subject to the f ulfillment of the following conditions, namely : -

(a) Both the junior and senior University employees should belong to

the same cadre and the post in which they have been promoted

should be identical in the same cadre;

(b) The existing pay structure and the revised pay structure of the lower

and higher post in which they are entitled to draw pay should be

identical;

(c) The senior University employee at the time of promotion should

have been drawing equal pay or more pay than the junior in the

existing pay structure and the revi sed pay structure of both the

employees before and after promotion should be identical;

(d) The senior University employee must be senior to the junior

University employee both in the lower post as well as in the higher

post i.e. in the promotional post;

(e) If in the lower post, the junior officer was drawing more pay in the pre- revised pay structure than the senior on account of pay protection, advance increment(s) and fixation of pay under rule 13(2) of the Orissa Universities (non-teaching employees) Revised Scales of Pay Rules,2009 due to exercise of option, provision of this sub- rule need not be invoked to step up the pay of the senior officer;

(viii) Where the pay of a University employee is fixed in the revised scale at a stage equal to the stage of another University employee junior to him on 01.01.2016, but subsequently, the junior University employee gets more pay7 than him due to grant of next increment in the revi sed structure after 01.01.2016 earlier than him, in such eventuality the increment of the senior shall be antedated or the pay shall be stepped up to that stage of the junior. The next increment of the senior after such antedation/stepping up of pay shall be on the date the junior gets.

Note- Fixation of pay in the revised pay structure shall be made in the

form appended to these rules as Third Schedule.

8. Fixation of pay in the revised pay structure of an employee appointed as fresh

recruits on or after 01.01.2016.– The pay of employees appointed by direct recruitment or by regularization from contractual service on or after 1st day of January, 2016 shall be fixed at the minimum pay or the first Cell in the Level, applicable to the post to which such employees are appointed:

Provided that where the existing pay of such employee appointed on or after 1st day of January, 2016 and before the date of notification of these rules, has already been fixed in the existing pay structure and if his existing emoluments happen to exceed the minimum pay or the first Cell in the Level, as applicable to the post to which he is appointed on or after 1st day of January, 2016, such difference shall be paid as personal pay to be absorbed in future increments in pay.

9. Increment in Pay Matrix.– After fixation of pay in the appropriate Level in the Pay Matrix under sub-rule (1) of rule 7 and 8, the subsequent increment in the Level shall be at the immediate next higher Cell vertically arranged in that Level.

Illustration:

10. Date of next increment in the revised pay structure.– The date of next increment in the revised pay structure, shall be twelve months from the date of last increment sanctioned. In case where the pay is fixed in the revised pay structure at the minimum pay or the first Cell in the Level, the date of next increment shall be the anniversary of date of coming over to the revised pay structure.

11. Revision of pay from a date subsequent to 1st day of January, 2016.– Where a University employee who continues to draw his pay in the existing pay structure i s brought over to revised pay structure from a date later than the 1st day of January, 2016, his pay in the revised pay structure shall be fixed in the manner prescribed in sub-rule (1) of rule 7.

12. Fixation of pay on promotion on or after 1st day of January, 2016.– The fixation of pay in case of promotion from one Level to another in the revised pay structure shall be made in the following manner, namely:—

(i) One increment shall be given in the Level from which the employee is promoted and he shall be placed at a Cell equal to the figure so arrived at in the Level of the post to which promoted and if no such Cell is available in the Level to which promoted, he shall be placed at the next higher Cell in that Level. However, if the pay in the Level after adding an increment is less than the minimum Cell of the higher Level to which the employee is promoted, pay shall be stepped up to such minimum Cell of that higher Level. In case where promotion is made in same Level, the pay shall be fixed in the promotional post at immediate next higher Cell of the said Level.

Illustration:

(ii) If a University employee exercises option to fix his promotional pay not from the date of joining in the promotional post but from a later date with accrual of an increment in the lower post and to re-fix his promotional pay in the appropriate Cell in the higher Level, in such eventuality, the pay at the Cell in the Level attached to the lower post immediately before promotion is to be fixed at the appropriate Cell equal to the amount in the higher Level attached to the promotional post on the date of joining, if no such Cell is available in the higher Level then, the pay is to be f ixed in the Cell next below the pay drawn in the lower post and the excess amount shall be drawn as "Personal Pay" up to the date of accrual of increment in the lower post. After accrual of increment in the lower post by moving to next higher Cell in the lower Level, the pay shall be9 again re-fixed in the manner prescribed in sub-rule (1) of this rule above. In case the pay of the employee in lower Level when placed in the promotional or upgraded Level on account of exercise of option becomes less than the minimum pay or first Cell of that promotional/upgraded Level then the pay is to be placed at the minimum pay or the first Cell of that level. Such option shall have to be exercised by the University employee within one month from the date of joining in the promotional post in the prescribed format in the Fourth Schedule.

Illustration:

13. Modified Assured Career Progression Scheme (MACPS).– Modified Assured Career Progression Scheme shall come into effect from the 1st day of January, 2016 with the implementation of these rules to address the stagnation of a University employee. The Scheme i s as follows:—

(i) There shall be three financial up-gradations under the MACPS, counted from the direct entry grade on completion of 10, 20 and 30 years of service respectively.

An employee bef ore getting MACP if avails first promotion, he/she shall not be10 considered f or 1st MACP. Similarly after availing 1st MACP, if he gets 1st promotion, this shall be covered as 1st financial up-gradation under the scheme. The second financial up-gradation under MACP shall be 10 years after the 1st promotion or 20 years whichever is earlier. Second promotion prior to that, shall cover the 2nd MACP.

The third financial up-gradation will be further 10 years f rom 2nd promotion or 2nd MACP whichever is earlier. The 3rd MACP stands covered if the 3rd promotion availed prior to the above;

(ii) The MACPS envisages merely placement in the immediate next higher Level in the Pay Matrix. Thus, the Level at the time of financial up-gradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. In such cases, the higher Level attached to the next promotion post in the hierarchy of the concerned cadre will only be at the time of regular promotion;

(iii) The financial up-gradations under the MACPS would be admissible up-to the Level- 14 in the Pay Matrix;

(iv) There shall be a Screening Committee to decide the eligibility of the persons for up- gradation under MACPS. The Screening Committee shall follow a time schedule and meet twice in a financial year, preferably in the first week of January and first week of July every year for advance processing of the cases maturing in that half year.

Accordingly, cases maturing during the first-half, i.e. April to September of a particular financial year shall be taken up for consideration by the Committee in the first week of January. Similarly, the Screening Committee meeting in the first week of July shall process the cases that would be maturing during the second-half, i.e. October to March of the same financial year. Authority empowered to constitute Screening Committee for RACPS shall also constitute Screening Committee for MACPS;

(v) Benef it of pay fixation available at the time of regular promotion shall also be allowed at the time of financial up-gradation under the scheme. There shall, however, be no further fixation of pay at the time of regular promotion. Fixation benef its availed under Time Bound Advancement (TBA) Scale, Assured Career Progression (ACP) and Revised Assured Career Progression Scheme (RACPS) would be adjusted while considering financial up- gradation under MACPS;

(vi) Promotions earned in the post carrying same Level in the promotional hierarchy as per recruitment rules shall be counted f or the purpose of MACPS. In cases, where the promotional post carries the same Level in their recruitment rules, then the employee in financial up-gradation under MACP Scheme shall move to the next immediate higher Cell instead of next higher Level;

(vii) If a financial up-gradation under the MACPS is deferred and not allowed after 10 years in a Level, due to the reason of the employees being unfit or due to pendency of departmental proceedings, or judicial proceedings this would have consequential eff ect on the subsequent financial up-gradation which would also get deferred to the extent of delay in grant of first financial up-gradation. The approach would be same for similar eventualities arising at 20 or 30 years as the case may be;

(viii) In the matter of disciplinary or judicial proceedings, grant of benefit under the MACPS shall be subject to rules governing normal promotion. Such cases shall be regulated under the provi sions of the OCS (CCA) Rules, 1962 and the laws under which the judicial proceedings are instituted, as the case may be;

(ix) On grant of financial up-gradation under the scheme, there shall be no change in the designation, classification or higher status. However, financial and certain other benefits which are linked to the pay drawn by an employee such as HBA, allotment of accommodation shall be permitted;

(x) The MACPS contemplates merely placement on personal basis in the immediate higher Level/grant of financial benefits only and shall not amount to actual functional promotion of the employees concerned. Therefore, no reservation orders shall apply to the MACPS. However, the rules of reservation in promotion shall be ensured at the time of regular promotion. For this reason, it shall not be mandatory to associate members of SC or ST in the Screening Committee meant to consider cases for grant of financial up-gradation under the Scheme;

(xi) Financial up-gradation under the MACPS shall be purely personal to the employee and shall have no relevance to his position of seniority in the grade. As such, there shall be no stepping up of pay or antedation of increment between senior and junior after regulation of pay under MACPS;

(xii) Pay drawn in the Level allowed under the MACPS shall be taken as the basis for determining the terminal benefits in respect of the retiring employee;

(xiii) If a regular promotion in due course is refused by the employee before becoming entitled to a financial up-gradation, then there shall be no financial up-gradation under MACPS as the employee has not been stagnated due to lack of promotional opportunity. If, however, financial up-gradation has been allowed due to stagnation and the employee refuses the subsequent promotion, it shall not be a ground to withdraw the financial up-gradation. He shall, however, not be eligible to be considered for further financial up-gradation till he agrees to be considered for promotion again and the next f inancial up-gradation shall also be deferred to the extent of period of debarment due to such refusal. Similarly, refusal of MACP is automatically construed as refusal of promotion in the same manner;

(xiv) Employees on deputation need not revert to the parent Department for availing the benefit of financial up-gradation under MACPS if he is drawing pay admissible to his parent post;

(xv) Placement of an employee in the appropriate Level under MACPS depends upon the number of promotions and up-gradations under RACPS already availed. As such, the applicable Level f or fixation of pay under these rules shall be the Level of the post the employee holds or his entitlement under MACPS whichever is higher;

(xvi) Up-gradation of post in a cadre shall not be considered as an up-gradation under the MACPS;

(xvii) There shall be no further financial up-gradation under MACPS, if an employee has already availed three financial up-gradations under RACPS or Promotion;

(xviii) If there is no fixation of pay on promotion on account of availing benefits under MACPS, the usual date of increment shall be retained;

(xix) All promotions within or across the cadre supported by rules shall be considered as up-gradations under MACPS. An employee joining a post as an outsider will be counted afresh in that post for MACP benef its;

(xx) Financial up-gradation in favour of an employee under MACPS shall not be considered if he is found unsuitable for promotion or does not fulfill the conditions for promotion;

Note: The Revised Assured Career Progression Scheme (RACPS) shall cease to operate with eff ect from 01.01.2016. The operation period of RACPS for an employee is from 1.1.2013 to 31.12.2015 or till the date he ceases to draw pay under Orissa Universities (non-teaching employees) Revised Scales of pay Rules, 2009.

Illustrations:-

(a) If a Government servant (Jr. Clerk) in Level-4 gets his next regular promotion (Sr. Clerk) in Level-7 on completion of 8 years of service and then continues in the same Level for further 10 years without any promotion then he would be eligible for 2nd financial up-gradation under the MACPS in the next higher Level i.e. Level-8 after completion of 18 years (8+10). After getting 2nd financial up-gradation under MACPS, if he continues in the same Level for further 10 years without any promotion then he would be eligible for 3rd financial up-gradation under this scheme in the next higher Level i.e. Level-9 after completion of 28 years (8+10+10).

(b) If a Government servant (Jr. Clerk) in Level-4 gets his 1st promotion (Sr. Clerk) in Level-7 on completion of 8 years of service and then gets 2 nd promotion (Head Clerk) in Level-9 on completion of 7 years from the date of last promotion i.e. after completion of 15 (8+7) years of service from the date of entry as Jr. Clerk and continues in the same Level f or further 10 years without any promotion then he would be eligible for 3rd financial up- gradation under the MACPS in the next higher Level i.e. Level -10 after completion of 25 years (8+7+10).

(c) If a Government servant (Jr. Clerk) in Level-4 gets his 1st promotion (Sr. Clerk) in Level-7 on completion of 8 years of service and then gets 2 nd financial up-gradation under the MACPS in Level-8 on completion of 18 (8+10) years of service and thereafter, is promoted to Head Clerk i.e. 2nd promotion in hierarchy in Level-9 on completion of 21 years of service which is after 3 years of getting 2nd financial up-gradation under the MACPS then no pay shall be fixed on such promotion except fitting of the pay in the appropriate Cell of the Level-9. If there is no such Cell exact to the amount, then the pay shall be fitted in the next above Cell. In this eventuality, the next date of increment shall be after 12 months from the date of last increment sanctioned although the employee moves to a higher Level. But, if no promotion is given after Head Clerk then the 3rd financial up-gradation under the MACPS shall be admissible in Level-10 after 10 years from the grant of 2nd financial up-gradation under this scheme i.e. after completion of 28 (8+10+10) years of service from the date13 of entry into the post of Jr. Clerk instead of 10 years from the date of promotion to Head Clerk.

14. Drawal of current Revised Pay and Arrear.– The revised pay in the revised scales of pay may be drawn from month of April, 2018. As far as arrear from the first January, 2016 is concerned, 40% of the arrears may be drawn and paid within the current financial year subject to availability of fund with the University. The release of rest 60% of the arrears will subject to Budget provisions being made with approval of the Finance Department.

15. Format for fixation of Pay.– For calculation of pay in the Revised Scales of Pay of individual employee, a f ormat has been developed and annexed to these rules as Annexure-3 to be followed by Universities meticulously.

16. Exemption:–Resolution No.26274/F Dated 08.08.2013 of Finance Department is specif ic to the Departments indicated in Table-I of the Resolution and is not applicable to the State Universities.

17. Excess payment to be recovered.– Where in the course of fixation of pay under these rules, any amount drawn or received as pay by any University employee un der any rule is found to be in excess of the amount payable to him under these rules, the excess amount so drawn or received shall be recoverable from such University employee or f rom his recoverable pensionery benefits for which he shall submit an undertaking as specif ied in the Fifth Schedule.

18. Overriding effect of these rules.– The provisions of the Odisha Service Code and the Odisha Universities Revised Scales of Pay Rules, 2009 shall not, save as otherwise provided in these rules, apply to cases where pay is regulated under these rules, to the extent they are inconsistent with these rules.

19. Power to relax.– Where the Chancellor is satisfied that the operation of all or any of the provisions of these rules cause/ causes undue hardship in any particular case, they may, in the public interest, by order, dispense with or relax the requirements of all or any such provisions to such extent and subject to such conditions as may be deemed necessary for dealing with the case in a just and equitable manner:

Provided that any proposal for relaxation by the Chancellor shall have the prior concurrence of the Finance Department.

20. Interpretation.– If any question arises relating to the interpretation of any of the provisions of these rules, for removal of anomalies, omissions, difficulties, printing and clerical errors, all such matters shall be referred to the Chancellor and State Government for clarification and decision.

The procedure of fixation and drawal of pay in the revised scale of pay under the ORSP Rules, 2017 and clarification issued by the State Government in Finance Department in that connection shall be made applicable to the University Employees (non-teaching) as per sub- section (2) of Section 24 of the Orissa Universities Act, 1989.

By Order of the Chancellor

C.J.VENUGOPAL

Principal Secretary to Chancellor14

FIRST SCHEDULE

[See Rule-3]

Pay Matrix

SECOND SCHEDULE

Application Form for exercising option to come over to the

Odisha University (non-teaching employees) Revised Scales of Pay Rules, 2018

[See rule-6]

(a) (i) I _____________________________________________________ holding the post of ____________________ and drawing pay in the Pay Band and Grade Pay of ______________________ do hereby elect the revised pay structure with effect from the 1st day of January, 2016.

OR

(ii) I _______________________________________________ holding the post of ____________________ and drawing pay in the Pay Band and Grade Pay of ____________________ do hereby elect to continue on the existing Pay Band and Grade Pay until the date ____________________ (i.e. the date of my next increment/promotion or up-gradation of the post/ vacate or cease to draw pay in the existing pay structure).

(a) The option hereby exercised is final and will not be modified at any subsequent date.

Date :______________________

Signature : ___________________________

Designation : _________________________

Office : ______________________________

Signed before me ______________________

Head of Office/Any other Gazetted Officer with designation received the above declaration.

Signature : ______________________________

Head of Office/Competent Authority (with seal)

Date : _________________

N.B.: Delete whichever is not applicable at Para-1.

THIRD SCHEDULE

Pay in the Cell in the Level after increment

Date :

Office :

Signature & Designation of

Head of Office/ Competent Authority18

FOURTH SCHEDULE

FORM FOR EXERCISING OPTION ON THE EVENT OF FIXATION OF PAY ON PROMOTION/FINANCIAL

UPGRADATION UNDER MACPS

[See rule-12]

I _________________________________ holding the post of _________________________________ in the Level ___________________________ in Pay Matrix and drawing pay of Rs. _______________________ in the Cell __________________ do hereby elect to get my pay fixed in the Level _________________________ under the ORSP Rules, 2017 on ___________________ i.e. the date of my joining in the promotional post or the date of financial up-gradation / the date of accrual of my next increment.

2. The option hereby exercised is final and will not be modified at any subsequent date.

Signature __________________________

Designation________________________

Office _____________________________

Signed before me ___________________

Head of Office/ Any Gazetted Officer19

FIFTH SCHEDULE

UNDERTAKING

[See rule -14]

I hereby undertake that any excess payment that may be found to have been made as a result of incorrect fixation of pay or any excess payment detected in the light of discrepancies noticed subsequently will be refunded by me either by adjustment against future payments due to me or otherwise.

Signature _______________________

Name: _________________________

Designation: ___________________

Date: _____________

Place: ____________

Annexure-1

[See rule 7]

Illustration-1

lllustration-2

lllustration-3

lllustration-4

Illustration-5

lllustration-6

lllustration-7

lllustration-8

Annexure-2

[See rule 7]

Process for fixation of Level under MACP

The process to be followed for fixation of Level under MACP has been illustrated in the following examples for the purpose of understanding.

Example-1

Example-2

Example-3

Example-4

Example-5

N.B.: Figures in bracket do not represent actual entitlement but merely represent presumed GP/ Level only for the purpose of explaining how the Level is to be arrived at.

26

Annexure-3

[See rule 15]

Pay Fixation Format Under Odisha Universities(Non-Teaching Employees) Revised Scales of Pay Rules,2018

Checked By Counter Signed By

Comptroller of Finance Registrar

Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10 Ex. Gaz. 177-173+10