[ 781 ]

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.

Registered with the Registrar

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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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5 {

No.

53 Poudouchéry Vendredi

Octobre

2018

No.

Puducherry

Friday

5th

October

2018

( 13 Asvina 1940 )

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;

783

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).

Pay Band

` 5,200-20,200

Grade Pay `

1,800

1,900

2,000

2,400

2,800

Levels

18,000

19,900

21,700

25,500

29,200

18,500

20,500

22,400

26,300

30,100

19,100

21,100

23,100

27,100

31,000

19,700

21,700

23,800

27,900

31,900

20,300

22,400

24,500

28,700

32,900

20,900

23,100

25,200

29,600

33,900

21,500

23,800

26,000

30,500

34,900

22,100

24,500

26,800

31,400

35,900

22,800

25,200

27,600

32,300

37,000

23,500

26,000

28,400

33,300

38,100

24,200

26,800

29,300

34,300

39,200

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;

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.

Pay Band

` 5,200 – 20,200

Grade Pay `

1,800

1,900

2,000

2,400

2,800

Levels

18,000

19,900

21,700

25,500

29,200

18,500

20,500

22,400

26,300

30,100

19,100

21,100

23,100

27,100

31,000

19,700

21,700

23,800

27,900

31,900

20,300

22,400

24,500

28,700

32,900

20,900

23,100

25,200

29,600

33,900

21,500

23,800

26,000

30,500

34,900

22,100

24,500

26,800

31,400

35,900

22,800

25,200

27,600

32,300

37,000

23,500

26,000

28,400

33,300

38,100

24,200

26,800

29,300

34,300

39,200

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).

Pay Band

` 5,200 – 20,200

Grade Pay `

1,800

1,900

2,000

2,400

2,800

Levels

18,000

19,900

21,700

25,500

29,200

18,500

20,500

22,400

26,300

30,100

19,100

21,100

23,100

27,100

31,000

19,700

21,700

23,800

27,900

31,900

20,300

22,400

24,500

28,700

32,900

20,900

23,100

25,200

29,600

33,900

21,500

23,800

26,000

30,500

34,900

793

PART–II]

LA GAZETTE DE L'ETAT

THE FIRST SCHEDULE

[See rules 3 (vi) and 7(1)]

Pay Matrix

Pay

Band

5200-20200

9300-34800

15600-39100

37400-67000

Grade

1800

1900

2000

2400

2800

4200

4600

4800

5400

6600

7600

8700

8900

10000

Pay

Levels

13A

18000

19900

21700

25500

29200

35400

44900

47600

53100

56100

67700

78800

123100 131100 144200

18500

20500

22400

26300

30100

36500

46200

49000

54700

57800

69700

81200

126800 135000 148500

19100

21100

23100

27100

31000

37600

47600

50500

56300

59500

71800

83600

130600 139100 153000

19700

21700

23800

27900

31900

38700

49000

52000

58000

61300

74000

86100

134500 143300 157600

20300

22400

24500

28700

32900

39900

50500

53600

59700

63100

76200

88700

138500 147600 162300

20900

23100

25200

29600

33900

41100

52000

55200

61500

65000

78500

91400

142700 152000 167200

21500

23800

26000

30500

34900

42300

53600

56900

63300

67000

80900

94100

147000 156600 172200

22100

24500

26800

31400

35900

43600

55200

58600

65200

69000

83300

96900

151400 161300 177400

22800

25200

27600

32300

37000

44900

56900

60400

67200

71100

85800

99800

155900 166100 182700

(in `)

794

LA GAZETTE DE L'ETAT

[PART–II

23500

26000

28400

33300

38100

46200

58600

62200

69200

73200

88400

102800 160600 171100 188200

24200

26800

29300

34300

39200

47600

60400

64100

71300

75400

91100

105900 165400 176200 193800

24900

27600

30200

35300

40400

49000

62200

66000

73400

77700

93800

109100 170400 181500 199600

25600

28400

31100

36400

41600

50500

64100

68000

75600

80000

96600

112400 175500 186900 205600

26400

29300

32000

37500

42800

52000

66000

70000

77900

82400

99500

115800 180800 192500 211800

27200

30200

33000

38600

44100

53600

68000

72100

80200

84900

102500 119300 186200 198300 218200

28000

31100

34000

39800

45400

55200

70000

74300

82600

87400

105600 122900 191800 204200

28800

32000

35000

41000

46800

56900

72100

76500

85100

90000

108800 126600 197600 210300

29700

33000

36100

42200

48200

58600

74300

78800

87700

92700

112100 130400 203500 216600

30600

34000

37200

43500

49600

60400

76500

81200

90300

95500

115500 134300 209600

31500

35000

38300

44800

51100

62200

78800

83600

93000

98400

119000 138300 215900

32400

36100

39400

46100

52600

64100

81200

86100

95800

101400 122600 142400

33400

37200

40600

47500

54200

66000

83600

88700

98700

104400 126300 146700

34400

38300

41800

48900

55800

68000

86100

91400 101700 107500 130100 151100

35400

39400

43100

50400

57500

70000

88700

94100 104800 110700 134000 155600

Levels

13A

(in `)

795

PART–II]

LA GAZETTE DE L'ETAT

36500

40600

44400

51900

59200

72100

91400

96900 107900 114000 138000 160300

37600

41800

45700

53500

61000

74300

94100

99800 111100 117400 142100 165100

38700

43100

47100

55100

62800

76500

96900

102800 114400 120900 146400 170100

39900

44400

48500

56800

64700

78800

99800

105900 117800 124500 150800 175200

41100

45700

50000

58500

66600

81200

102800 109100 121300 128200 155300 180500

42300

47100

51500

60300

68600

83600

105900 112400 124900 132000 160000 185900

43600

48500

53000

62100

70700

86100

109100 115800 128600 136000 164800 191500

44900

50000

54600

64000

72800

88700

112400 119300 132500 140100 169700 197200

46200

51500

56200

65900

75000

91400

115800 122900 136500 144300 174800 203100

47600

53000

57900

67900

77300

94100

119300 126600 140600 148600 180000 209200

49000

54600

59600

69900

79600

96900

122900 130400 144800 153100 185400

50500

56200

61400

72000

82000

99800

126600 134300 149100 157700 191000

52000

57900

63200

74200

84500 102800 130400 138300 153600 162400 196700

53600

59600

65100

76400

87000 105900 134300 142400 158200 167300 202600

55200

61400

67100

78700

89600 109100 138300 146700 162900 172300 208700

56900

63200

69100

81100

92300 112400 142400 151100 167800 177500

(in `)

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

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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