Puducherry Municipal Subordinate Services (Revised Pay) Rules, 2018.

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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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▪  ➢ 2018 } | 5 { No. 53 Poudouchéry Vendredi 5 Octobre 2018

No. Puducherry Friday 5th October 2018

( 13 Asvina 1940 )

GOVERNMENT OF PUDUCHERRY

LOCAL ADMINISTRATION SECRETARIAT

(G.O. Ms. No. 17/LAS/A1/2018, Puducherry, dated 1st October 2018)

NOTIFICATION

In exercise of the powers conferred by sub-section (2) of section 114 of the Puducherry Municipalities Act, 1973 (No. 9 of 1973) and of all other powers enabling her in this behalf, the Lieutenant-Governor, Puducherry, hereby makes the following rules, namely:–

1. Short title and commencement.—(1) These rules may be called the Puducherry Municipal Subordinate Services (Revised Pay) Rules, 2018.

(2) They shall come into force on and from the 2nd day of October, 2018.

[ 781 ] 782 LA GAZETTE DE L'ETAT [PART–II

2. Categories of Municipal servants to whom the rules shall

apply.—(1) Save as otherwise provided by or under these rules, these

rules shall apply to persons appointed to Municipal services and posts

in connection with the affairs of the Municipalities.

(2) These rules shall not apply to.—

(i) persons not in whole-time employment;

(ii) persons paid out of contingencies;

(iii) persons paid otherwise than on a monthly basis including

those paid only on a piece-rate basis;

(iv) persons employed on contract except where the contract

provides otherwise;

(v) persons re-employed in Municipal service after retirement; and

(vi) any other class or category of persons whom the

Government 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) "basic pay" in the revised pay structure means the pay drawn

in the prescribed Level in the Pay Matrix;

(ii) "existing basic pay" means the pay drawn in the prescribed

existing Pay Band and Grade Pay or Pay in the existing scale;

(iii) "existing emoluments" means the sum of (i) existing Basic

Pay and (ii) existing Dearness Allowance at index average as on 1st day

of January, 2016;

(iv) "existing Pay Band and Grade Pay" in relation to a

Municipal servant means the Pay Band and the Grade Pay applicable to

the post held by the Municipal servant as on the date immediately before

the notification of these rules, whether in a substantive capacity or in

officiating capacity;

(v) "existing pay structure" in relation to a Municipal servant

means the present system of Pay Band and Grade Pay or the Pay Scale

applicable to the post held by the Municipal servant as on 2nd day of

October, 2018 whether in a substantive or officiating capacity;

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PART–II] LA GAZETTE DE L'ETAT

(vi) "existing scale" in relation to a Municipal servant means the Pay Scale applicable to the post held by the Municipal servant as on 2nd day of October, 2018 whether in a substantive or officiating capacity;

(vii) "Level" in the Pay Matrix shall mean the Level corresponding to the existing Pay Band and Grade Pay or scale specified in the First Schedule;

(viii) "pay in the Level" means pay drawn in the appropriate

Cell of the Level as specified in the First Schedule;

(ix) "Pay Matrix" means the Matrix specified in the Schedule, with Levels of pay arranged in vertical cells as assigned to corresponding existing Pay Band and Grade Pay or scale;

(x) "revised emoluments" means the pay in the Level of a

Municipal servant in the revised pay structure;

(xi) "revised pay structure" in relation to a post means the Pay Matrix and the Levels specified therein corresponding to the existing Pay Band and Grade Pay or scale of the post unless a different revised Level is notified separately for that post; and

(xii) "Schedule" means the Schedule appended to these rules.

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 or scale as specified in the Pay Matrix.

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

Provided that a Municipal servant 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:

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

Explanation 2: The aforesaid option shall not be admissible to any person appointed to a post for the first time in the Municipal service or by transfer from another post on or after the 2nd day of October, 2018, and he shall be allowed pay only in the revised pay structure.

784 LA GAZETTE DE L'ETAT [PART–II

Explanation 3: Where a Municipal servant exercises the option under the provisos to this rule to retain the existing pay structure of a post held by him in an officiating capacity on a regular basis for the purpose of regulation of pay in that pay structure under the Puducherry Municipal Services Fundamental Rules, 1984, or under any other 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 provisos to the rule 5 shall be exercised in writing in the Form appended to these rules, so as to reach the authority mentioned in the said rules within three months of the date of notification of these rules or where any revision in the existing pay structure is made by any order subsequent to the date of notification of these rules, within three months of the date of such order:

Provided that–

(i) in the case of a Municipal servant who is, on the date of such notification or, as the case may be, date of such order, out of India 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 in India; and

(ii) where a Municipal servant is under suspension on the 2nd day of October, 2018, 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 Municipal servant to the Head of his Office along with an undertaking, in the Form appended to these rules.

(3) If, the intimation regarding option is not received by the authority within the time specified under sub-rule (1), the Municipal servant shall be deemed to have elected to be governed by the revised pay structure with effect from the 2nd day of October, 2018.

785

PART–II] LA GAZETTE DE L'ETAT

(4) The option once exercised shall be final.

Note 1: Persons whose services are terminated on or after 2nd day

of October, 2018 and who could not exercise the option within the prescribed time limit, on account of discharge on the expiry of the

sanctioned posts, resignation, dismissal or discharge on disciplinary grounds, shall be entitled to exercise option under

sub-rule (1).

Note 2: Persons who dies on or after the 2nd day of October, 2018

and could not exercise the option within prescribed time limit are deemed to have opted for the revised pay structure on and from

the 2nd day of October, 2018 or such later date as is most beneficial to their dependents if, the revised pay structure is more favourable

and in such cases, necessary action for payment of arrears shall be taken by the Head of Office.

Note 3: Persons who are on earned leave or any other leave on 2nd day of October, 2018 which entitle 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 Municipal servant who elects, or is deemed to have

elected under rule 6 to be governed by the revised pay structure on and from the 2nd day of October, 2018, shall, unless in any case the

Government 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, such lien had not been suspended, and in respect of his pay in the officiating post held by him, in the

following manner, namely:—

(i) the pay in the applicable Level in the Pay Matrix shall be

the pay obtained by multiplying the existing basic pay by a factor of 2.57, rounded off to the nearest rupee and the figure so arrived

at shall be located in that Level in the Pay Matrix 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.

786 LA GAZETTE DE L'ETAT [PART–II

Illustration

1. Existing Pay Band : PB-1

2. Existing Grade Pay : ` 2,400

3. Existing Pay in Pay Band : ` 10,160

4. Existing Basic Pay : ` 12,560 (` 10,160 + ` 2,400)

5. Pay after multiplication by a fitment : ` 12,560 x 2.57 = ` 32,279.20

factor of 2.57.

(rounded off to ` 32,279)

6. Level corresponding to GP ` 2,400 : Level 4

7. Revised Pay in Pay Matrix (either : ` 32,300

equal to or next higher to ` 32,279

in Level 4).

787

PART–II] LA GAZETTE DE L'ETAT

(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) A Municipal servant who is on leave on the 2nd day of October, 2018 and is entitled to leave salary shall be entitled to pay in the revised pay structure from 2nd day of October, 2018 or the date of option for the revised pay structure.

(3) A Municipal servant who is on study leave on the 2nd day of October, 2018 shall be entitled to the pay in the revised pay structure from 2nd day of October 2018 or the date of option.

(4) A Municipal servant under suspension, shall continue to draw subsistence allowance based on existing pay structure and his pay in the revised pay structure shall be subject to the final order on the pending disciplinary proceedings.

(5) Where a Municipal servant holding a permanent post is officiating in a higher post on a regular basis and the pay structure applicable to these two posts are merged into one Level, the pay shall be fixed under sub-rule (1) with reference to the officiating post only and the pay so fixed shall be treated as substantive pay.

(6) Where the existing emoluments exceed the revised emoluments in the case of any Municipal servant, the difference shall be allowed as personal pay to be absorbed in future increases in pay.

(7) Where in the fixation of pay under sub-rule (1), the pay of a Municipal servant, who, in the existing pay structure, was drawing immediately before the 2nd day of October, 2018 more pay than another Municipal servant junior to him in the same 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.

(8) Where a Municipal servant is in receipt of personal pay immediately before the date of notification of these rules, which together with his existing emoluments exceed the revised emoluments, then the difference representing such excess shall be allowed to such Municipal servant as personal pay to be absorbed in future increase in pay.

(9) (i) In cases where a senior Municipal servant promoted to a higher post before the 2nd day of October, 2018 draws less pay in the revised pay structure than his junior who is promoted to the higher post on or after the 2nd day of October, 2018, the pay of senior Municipal 788 LA GAZETTE DE L'ETAT [PART–II

servant 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 Municipal servant subject to the fulfillment of the following conditions, namely;—

(a) both the junior and the senior Municipal servants belong to the same cadre and the posts in which they have been promoted are identical in the same cadre;

(b) the existing pay structure and the revised pay structure of the lower and higher posts in which they are entitled to draw pay should be identical;

(c) the senior Municipal servants at the time of promotion

should have been drawing equal or more pay than the junior;

(d) the anomaly should directly as a result of the application of the provisions of Fundamental Rule 22 or any other rule or order regulating pay fixation on such promotion in the revised pay structure:

Provided that if, the junior officer was drawing more pay in the existing pay structure than the senior by virtue of any advance increments granted to him, the provisions of this sub-rule shall not be invoked to step up the pay of the senior officer.

(ii) The order relating to re-fixation of the pay of the senior officer in accordance with clause (i) shall be issued under the Puducherry Municipal Services Fundamental Rules, 1984 and the senior officer shall be entitled to the next increment on completion of his required qualifying service with effect from the date of re-fixation of pay.

(10) Subject to the provisions of rule 5, if, the pay as fixed in the officiating post under sub-rule (1) is lower than the pay fixed in the substantive post, the former shall be fixed at the same stage as the substantive pay.

8. Fixation of pay of employees appointed by direct recruitment on or after 2nd day of October, 2018.— The pay of employees appointed by direct recruitment on or after 2nd day of October, 2018 shall be fixed at the minimum pay or the first Cell in the Level, applicable to the post, to which such employees are appointed:

789

PART–II] LA GAZETTE DE L'ETAT

Provided that where the existing pay of such employee appointed on or after 2nd day of October, 2018 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 2nd day of October, 2018, such difference shall be paid as personal pay to be absorbed in future increments in pay.

9. Increments in Pay Matrix.—The increment shall be as specified

in the Vertical Cells of the applicable Level in the Pay Matrix.

Illustration

An employee in the Basic Pay of ` 32,300 in Level 4 will move vertically down the same Level in the Cells and on grant of increment, his Basic Pay will be ` 33,300.

790 LA GAZETTE DE L'ETAT [PART–II

10. Date of next increment in the revised pay structure.—(1) There shall be two dates for grant of increment namely, 1st January and 1st July of every year, instead of existing date of 1st July:

Provided that an employee shall be entitled to only one annual increment either on 1st January or 1st July depending on the date of his appointment, promotion or grant of financial upgradation.

(2) The increment in respect of an employee appointed or promoted or granted financial upgradation including upgradation under Modified Assured Career Progression Scheme (MACPS) during the period between the 2nd day of January and 1st day of July (both inclusive) shall be granted on 1st day of January and the increment in respect of an employee appointed or promoted or granted financial upgradation including upgradation under MACPS during the period between the 2nd day of July and 1st day of January (both inclusive) shall be granted on 1st day of July.

Illustration

(a) In case of an employee appointed or promoted in the normal hierarchy or under MACPS during the period between the 2nd day of July, 2016 and the 1st day of January, 2017, the first increment shall accrue on the 1st day of July, 2017 and thereafter, it shall accrue after one year on annual basis.

(b) In case of an employee appointed or promoted in the normal hierarchy or under MACPS during the period between 2nd day of January, 2016 and 1st day of July, 2016, who did not draw any increment on 1st day of July, 2016, the next increment shall accrue on 1st day of January, 2017 and thereafter, it shall accrue after one year on annual basis:

Provided that in the case of employees whose pay in the revised pay structure has been fixed as on 1st day of January, the next increment in the Level in which the pay was so fixed as on 1st day of January, 2016 shall accrue on 1st day of July, 2016:

Provided further that the next increment after drawal of increment

on 1st day of July, 2016 shall accrue on 1st day of July, 2017.

(3) Where two existing Grades in hierarchy are merged and the junior Municipal servant in the lower grade happens to draw more pay in the corresponding Level in the revised pay structure than the pay of the senior Municipal servant, the pay of the senior Municipal servants shall be stepped up to that of his junior from the same date and he shall draw next increment in accordance with this rule.

791

PART–II] LA GAZETTE DE L'ETAT

11. Revision of pay from a date subsequent to 1st day of January, 2018.— Where a Municipal servant who continues to draw his pay in the existing pay structure is brought over to the revised pay structure from a date later than 2nd day of October, 2018, his pay in the revised pay structure shall be fixed in the manner prescribed in accordance with clause (i) of sub-rule (1) of rule 7.

12. Fixation of pay on promotion on or after 2nd day of October, 2018.— 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:–

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.

Illustration

1. Level in the revised pay structure : Level 4

2. Basic Pay in the revised pay : ` 28,700

structure.

3. Granted promotion/Financial upgradation under MACPS in Level 5.

4. Pay after giving one increment : ` 29,600

in Level 4.

5. Pay in the upgraded Level i.e. : ` 30,100 (either equal to or next Level 5. higher to ` 29,600 in Level 5).

792 LA GAZETTE DE L'ETAT [PART–II

13. Effect of other rules.—Save as otherwise provided in these rules, no provision of any other rules made or deemed to have been made under the provisions of the Puducherry Municipalities Act, 1973 (No. 9 of 1973) shall, in so far as it is inconsistent with any of the provision of these rules, have any effect.

14. Power to relax.—Where the Government is satisfied that the operation of all or any of the provisions of these rules causes undue hardship in any particular case, the Government may, by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner.

15. Interpretation.—If, any question arises relating to the interpretation of any of the provisions of these rules, it shall be referred to the Government for decision.

————

793

PART–II] LA GAZETTE DE L'ETAT

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794 LA GAZETTE DE L'ETAT [PART–II

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795

PART–II] LA GAZETTE DE L'ETAT

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796 LA GAZETTE DE L'ETAT [PART–II

THE SECOND SCHEDULE

FORM OF OPTION

[See rule 6 (2)]

*1. I, ……………….......................... hereby elect the revised pay structure

with effect from 1st January, 2016.

*2. I, ………………...................... hereby elect to continue on the Pay Band and Grade Pay of my substantive/officiating post mentioned below until:

*the date of my next increment/the date of my subsequent increment raising my pay to ` ………….................……......../I vacate or cease to draw pay in the existing pay structure/the date of my promotion/upgradation to the post of ……………….........

Existing Pay Band and Grade Pay ………………...

Signature :

Name :

Designation :

Office in which employed :

* To be scored out, if, not applicable.

Undertaking

I hereby undertake that in the event of my pay having been fixed in a manner contrary to the provisions contained in these Rules, as detected subsequently, any excess payment so made shall be refunded by me to the Government, either by adjustment against future payments due to me or otherwise.

Signature :

Name :

Designation :

Date :

Place :

(By order of the Lieutenant-Governor)

GIDDI BALARAM, Under Secretary to Government (Local Administration).

797

PART–II] LA GAZETTE DE L'ETAT

GOVERNMENT OF PUDUCHERRY

LOCAL ADMINISTRATION SECRETARIAT

(G.O. Ms. No. 18/LAS/A1/2018, Puducherry, dated 1st October 2018)

NOTIFICATION

In exercise of the powers conferred by sub-section (2) of section 68 of the Puducherry Village and Commune Panchayats Act, 1973 (No. 10 of 1973) and of all other powers enabling her in this behalf, the Lieutenant-Governor, Puducherry, hereby makes the following rules, namely:–

1. Short title and commencement.—(1) These rules may be called the Puducherry Commune Panchayats Subordinate Services (Revised Pay) Rules, 2018.

(2) They shall come into force on and from the 2nd day of October, 2018.

2. Categories of Commune Panchayats servants to whom the rules shall apply.—(1) Save as otherwise provided by or under these rules, these rules shall apply to persons appointed to Commune Panchayat services and posts in connection with the affairs of the Commune Panchayats.

(2) These rules shall not apply to.—

(i) persons not in whole-time employment;

(ii) persons paid out of contingencies;

(iii) persons paid otherwise than on a monthly basis including

those paid only on a piece-rate basis;

(iv) persons employed on contract except where the contract

provides otherwise;

(v) persons reemployed in Commune Panchayat service after

retirement; and

(vi) any other class or category of persons whom the Government 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) "basic pay" in the revised pay structure means the pay drawn

in the prescribed Level in the Pay Matrix;

798 LA GAZETTE DE L'ETAT [PART–II

(ii) "existing basic pay" means the pay drawn in the prescribed

existing Pay Band and Grade Pay or Pay in the existing scale;

(iii) "existing emoluments" means the sum of (i) existing Basic Pay and (ii) existing Dearness Allowance at index average as on 1st day of January, 2016;

(iv) "existing Pay Band and Grade Pay" in relation to a Commune Panchayat servant means the Pay Band and the Grade Pay applicable to the post held by the Commune Panchayat servant as on the date immediately before the notification of these rules, whether in a substantive capacity or in officiating capacity;

(v) "existing pay structure" in relation to a Commune Panchayat servant means the present system of Pay Band and Grade Pay or the Pay Scale applicable to the post held by the Commune Panchayat servant as on 2nd day of October, 2018 whether in a substantive or officiating capacity;

(vi) "existing scale" in relation to a Commune Panchayat servant means the Pay Scale applicable to the post held by the Commune Panchayat servant as on 2nd day of October, 2018 whether in a substantive or officiating capacity;

(vii) "Level" in the Pay Matrix shall mean the Level corresponding to the existing Pay Band and Grade Pay or scale specified in the First Schedule;

(viii) "pay in the Level" means pay drawn in the appropriate

Cell of the Level as specified in the First Schedule;

(ix) "Pay Matrix" means the Matrix specified in the Schedule, with Levels of pay arranged in vertical cells as assigned to corresponding existing Pay Band and Grade Pay or scale;

(x) "revised emoluments" means the pay in the Level of a

Commune Panchayat servant in the revised pay structure;

(xi) "revised pay structure" in relation to a post means the Pay Matrix and the Levels specified therein corresponding to the existing Pay Band and Grade Pay or scale of the post unless a different revised Level is notified separately for that post; and

(xii) "Schedule" means the Schedule appended to these rules.

799

PART–II] LA GAZETTE DE L'ETAT

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 or scale as specified in the Pay Matrix.

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

Provided that a Commune Panchayat servant 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:

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

Explanation 2: The aforesaid option shall not be admissible to any person appointed to a post for the first time in the Commune Panchayat service or by transfer from another post on or after the 2nd day of October, 2018, and he shall be allowed pay only in the revised pay structure.

Explanation 3: Where a Commune Panchayat servant exercises the option under the provisos to this rule to retain the existing pay structure of a post held by him in an officiating capacity on a regular basis for the purpose of regulation of pay in that pay structure under the Puducherry Commune Panchayat Services Fundamental Rules, 1984, or under any other 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 provisos to the rule 5 shall be exercised in writing in the Form appended to these rules, so as to reach the authority mentioned in the said rules within three months of the date of notification of these rules or where any revision 800 LA GAZETTE DE L'ETAT [PART–II

in the existing pay structure is made by any order subsequent to the date of notification of these rules, within three months of the date of such order:

Provided that–

(i) in the case of a Commune Panchayat servant who is, on the date of such notification or, as the case may be, date of such order, out of India 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 in India; and

(ii) where a Commune Panchayat servant is under suspension on the 2nd day of October, 2018, 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 Commune Panchayat servant to the Head of his Office along with an undertaking, in the Form appended to these rules.

(3) If, the intimation regarding option is not received by the authority within the time specified under sub-rule (1), the Commune Panchayat servant shall be deemed to have elected to be governed by the revised pay structure with effect from the 2nd day of October, 2018.

(4) The option once exercised shall be final.

Note 1: Persons whose services are terminated on or after 2nd day of October, 2018 and who could not exercise the option within the prescribed time limit, on account of discharge on the expiry of the sanctioned posts, resignation, dismissal or discharge on disciplinary grounds, shall be entitled to exercise option under sub-rule (1).

Note 2: Persons who dies on or after the 2nd day of October, 2018 and could not exercise the option within prescribed time limit are deemed to have opted for the revised pay structure on and from the 2nd day of October, 2018 or such later date as is most beneficial to their dependents if, the revised pay structure is more favourable and in such cases, necessary action for payment of arrears shall be taken by the Head of Office.

801

PART–II] LA GAZETTE DE L'ETAT

Note 3: Persons who are on earned leave or any other leave on

2nd day of October, 2018 which entitle 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 Commune Panchayat servant who elects, or is deemed to

have elected under rule 6 to be governed by the revised pay structure

on and from the 2nd day of October, 2018, shall, unless in any case the

Government 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, such lien had not been suspended,

and in respect of his pay in the officiating post held by him, in the

following manner, namely:—

(i) the pay in the applicable Level in the Pay Matrix shall be

the pay obtained by multiplying the existing basic pay by a factor

of 2.57, rounded off to the nearest rupee and the figure so arrived

at shall be located in that Level in the Pay Matrix 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.

Illustration

1. Existing Pay Band : PB-1

2. Existing Grade Pay : ` 2,400

3. Existing Pay in Pay Band : ` 10,160

4. Existing Basic Pay : ` 12,560 (` 10,160 + ` 2,400)

5. Pay after multiplication by a fitment : ` 12,560 x 2.57 - ` 32,279.20

factor of 2.57.

(rounded off to ` 32,279)

6. Level corresponding to GP ` 2,400 : Level 4

7. Revised Pay in Pay Matrix (either : ` 32,300

equal to or next higher to ` 32,279

in Level 4).

802 LA GAZETTE DE L'ETAT [PART–II

(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) A Commune Panchayat servant who is on leave on the 2nd day of October, 2018 and is entitled to leave salary shall be entitled to pay in the revised pay structure from 2nd day of October, 2018 or the date of option for the revised pay structure.

(3) A Commune Panchayat servant who is on study leave on the 2nd day of October, 2018 shall be entitled to the pay in the revised pay structure from the 2nd day of October 2018 or the date of option.

(4) A Commune Panchayat servant under suspension, shall continue to draw subsistence allowance based on existing pay structure and his pay in the revised pay structure shall be subject to the final order on the pending disciplinary proceedings.

803

PART–II] LA GAZETTE DE L'ETAT

(5) Where a Commune Panchayat servant holding a permanent post is officiating in a higher post on a regular basis and the pay structure applicable to these two posts are merged into one Level, the pay shall be fixed under sub-rule (1) with reference to the officiating post only and the pay so fixed shall be treated as substantive pay.

(6) Where the existing emoluments exceed the revised emoluments in the case of any Commune Panchayat servant, the difference shall be allowed as personal pay to be absorbed in future increases in pay.

(7) Where in the fixation of pay under sub-rule (1), the pay of a Commune Panchayat servant, who, in the existing pay structure, was drawing immediately before the 2nd day of October, 2018 more pay than another Commune Panchayat servant junior to him in the same 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.

(8) Where a Commune Panchayat servant is in receipt of personal pay immediately before the date of notification of these rules, which together with his existing emoluments exceed the revised emoluments, then the difference representing such excess shall be allowed to such Commune Panchayat servant as personal pay to be absorbed in future increase in pay.

(9) (i) In cases where a senior Commune Panchayat servant promoted to a higher post before the 2nd day of October, 2018 draws less pay in the revised pay structure than his junior who is promoted to the higher post on or after the 2nd day of October, 2018, the pay of senior Commune Panchayat servant 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 Commune Panchayat servant subject to the fulfillment of the following conditions, namely;—

(a) both the junior and the senior Commune Panchayat servants belong to the same cadre and the posts in which they have been promoted are identical in the same cadre;

(b) the existing pay structure and the revised pay structure of the lower and higher posts in which they are entitled to draw pay should be identical;

804 LA GAZETTE DE L'ETAT [PART–II

(c) the senior Commune Panchayat servants at the time of promotion should have been drawing equal or more pay than the

junior;

(d) the anomaly should directly as a result of the application

of the provisions of Fundamental Rule or any other rule or order regulating pay fixation on such promotion in the revised pay

structure:

Provided that if, the junior officer was drawing more pay in the

existing pay structure than the senior by virtue of any advance increments granted to him, the provisions of this sub-rule shall not

be invoked to step up the pay of the senior officer.

(ii) The order relating to re-fixation of the pay of the senior

officer in accordance with clause (i) shall be issued under the Puducherry Commune Panchayat Services Fundamental Rules, 1984 and the senior

officer shall be entitled to the next increment on completion of his required qualifying service with effect from the date of re-fixation of pay.

(10) Subject to the provisions of rule 5, if, the pay as fixed in the officiating post under sub-rule (1) is lower than the pay fixed in the

substantive post, the former shall be fixed at the same stage as the substantive pay.

8. Fixation of pay of employees appointed by direct recruitment on or after 2nd day of October, 2018.— The pay of employees appointed

by direct recruitment on or after 2nd day of October, 2018 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 2nd day of October, 2018 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 2nd day of October, 2018, such difference shall be paid as personal pay to be absorbed in future increments in pay.

9. Increments in Pay Matrix.—The increment shall be as specified

in the Vertical Cells of the applicable Level in the Pay Matrix.

805

PART–II] LA GAZETTE DE L'ETAT

Illustration

An employee in the Basic Pay of ` 32,300 in Level 4 will move vertically down the same Level in the Cells and on grant of increment, his Basic Pay will be ` 33,300.

10. Date of next increment in the revised pay structure.—(1) There shall be two dates for grant of increment namely, 1st January and 1st July of every year, instead of existing date of 1st July:

Provided that an employee shall be entitled to only one annual increment either on 1st January or 1st July depending on the date of his appointment, promotion or grant of financial upgradation.

(2) The increment in respect of an employee appointed or promoted or granted financial upgradation including upgradation under Modified Assured Career Progression Scheme (MACPS) during the 806 LA GAZETTE DE L'ETAT [PART–II

period between the 2nd day of January and 1st day of July (both inclusive) shall be granted on 1st day of January and the increment in respect of an employee appointed or promoted or granted financial upgradation including upgradation under MACPS during the period between the 2nd day of July and 1st day of January (both inclusive) shall be granted on 1st day of July.

Illustration

(a) In case of an employee appointed or promoted in the normal hierarchy or under MACPS during the period between the 2nd day of July, 2016 and the 1st day of January, 2017, the first increment shall accrue on the 1st day of July, 2017 and thereafter, it shall accrue after one year on annual basis.

(b) In case of an employee appointed or promoted in the normal hierarchy or under MACPS during the period between 2nd day of January, 2016 and 1st day of July, 2016, who did not draw any increment on the 1st day of July, 2016, the next increment shall accrue on 1st day of January, 2017 and thereafter, it shall accrue after one year on annual basis:

Provided that in the case of employees whose pay in the revised pay structure has been fixed as on 1st day of January, the next increment in the Level in which the pay was so fixed as on 1st day of January, 2016 shall accrue on 1st day of July, 2016:

Provided further that the next increment after drawal of increment

on 1st day of July, 2016 shall accrue on 1st day of July, 2017.

(3) Where two existing Grades in hierarchy are merged and the junior Commune Panchayat servant in the lower grade happens to draw more pay in the corresponding Level in the revised pay structure than the pay of the senior Commune Panchayat servant, the pay of the senior Commune Panchayat servants shall be stepped up to that of his junior from the same date and he shall draw next increment in accordance with this rule.

11. Revision of pay from a date subsequent to 2nd day of October, 2018.— Where a Commune Panchayat servant who continues to draw his pay in the existing pay structure is brought over to the revised pay structure from a date later than 2nd day of October, 2018, his pay in the revised pay structure shall be fixed in the manner prescribed in accordance with clause (i) of sub-rule (1) of rule 7.

807

PART–II] LA GAZETTE DE L'ETAT

12. Fixation of pay on promotion on or after 2nd day of October, 2018.—

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:–

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.

Illustration

1. Level in the revised pay structure : Level 4

2. Basic Pay in the revised pay : ` 28,700

structure

3. Granted promotion/financial upgradation under MACPS in Level 5.

4. Pay after giving one increment : ` 29,600

in Level 4

5. Pay in the upgraded Level i.e. : ` 30,100 (either equal to or next

Level 5 higher to ` 29,600 in Level 5).

808 LA GAZETTE DE L'ETAT [PART–II

13. Effect of other rules.—Save as otherwise provided in these rules, no provision of any other rules made or deemed to have been made under the provisions of the Puducherry Village and Commune Panchayats Act, 1973 (No. 10 of 1973) shall, in so far as it is inconsistent with any of the provision of these rules, have any effect.

14. Power to relax.—Where the Government is satisfied that the operation of all or any of the provisions of these rules causes undue hardship in any particular case, the Government may, by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner.

15. Interpretation.—If, any question arises relating to the interpretation of any of the provisions of these rules, it shall be referred to the Government for decision.

————

809

PART–II] LA GAZETTE DE L'ETAT

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810 LA GAZETTE DE L'ETAT [PART–II

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811

PART–II] LA GAZETTE DE L'ETAT

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812 LA GAZETTE DE L'ETAT [PART–II

THE SECOND SCHEDULE

FORM OF OPTION

[See rule 6 (2)]

*1. I, ……………….......................... hereby elect the revised pay structure

with effect from 1st January, 2016.

*2. I, ………………...................... hereby elect to continue on the Pay Band and Grade Pay of my substantive/officiating post mentioned below until:

*the date of my next increment/the date of my subsequent increment raising my pay to ` ……….......………......../I vacate or cease to draw pay in the existing pay structure/the date of my promotion/upgradation to the post of ……………….........

Existing Pay Band and Grade Pay ………………...

Signature :

Name :

Designation :

Office in which employed :

* To be scored out, if, not applicable.

Undertaking

I hereby undertake that in the event of my pay having been fixed in a manner contrary to the provisions contained in these Rules, as detected subsequently, any excess payment so made shall be refunded by me to the Government, either by adjustment against future payments due to me or otherwise.

Signature :

Name :

Designation :

Date :

Place :

(By order of the Lieutenant-Governor)

GIDDI BALARAM, Under Secretary to Government (Local Administration).

online publication at "https://styandptg.py.gov.in" Published by The Director, Government Press Printed at: Government Central Press, Puducherry. Posted at: Puducherry HPO on every Tuesday