Central Civil Services (Revised Pay) Rules, 1997

 
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G.S.R. 569(E)--In exercise of the powers conferred by the proviso to Article 309, and Clause (5) of Article 148 of the Constitution and after consultation with the Comptroller and Auditor-General in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rides, namely:

1. Short, title and commencement.--

(1) These rules may be called the Central Civil Services (Revised Pay) Rules, 1997.

(2) They shall be deemed to have come into force on the 1st day of January, 1996.

2. Categories of Government servants to whom the rules apply.--

(1) Save as otherwise provided by or under these rules, these rules shall apply to persons appointed to civil services and posts in connection with the affairs of the Union whose pay is debitable to the Civil Estimates as also to persons serving in the Indian Audit and Accounts Department.

(2) These rules shall not apply to:

(a) persons appointed to the Central Civil Services and posts in Groups 'A', 'B', 'C' and 'IV under administrative control of the Administrator of the Union territory of Chandigarh;

(b) persons locally recruited for service in Diplomatic, Consular or other Indian establishments in foreign countries;

(c) persons not in whole-time employment; (d) persons paid out of contingencies;

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

(f) persons employed on contract except where the contract provides otherwise;

(g) persons re-employed in Government service after retirement;

(h) any other class of category of persons whom the President 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.--

(1) 'basic pay' means pay drawn in the prescribed scale of pay, including stagnation increment(s), but does not include any other type of pay like 'special pay', 'personal pay' etc.

(2) 'existing scale' in relation to a Government servant means the present scale applicable to the post held by the Government servant (or, as the case may be, personal scale applicable to him) as on the 1st day of January, 1996 whether in a substantive or officiating capacity.

Explanation: In the case of a Government servant, who was on the 1st day of January, 1996 on deputation out of India or on leave or on Foreign service, or who would have on that date officiated in one or more lower posts but for his officiating in a higher post, 'existing scale' including the scale applicable to the post which he would have held but for his being on deputation out of India or on leave or on foreign service or, as the case may be, but for his officiating in a higher post;

(3) 'Present Scale' in relation to any post/grade specified in column 2 of the first schedule means the scale of pay specified against that post in column 3 thereof;

(4) 'revised emoluments' means the basic pay of a Government servant in the revised scale and includes the revised non-practising allowance, if any, admissible to him, in addition to pay in the revised scale.

(5) 'revised scale' in relation to any post specified in column 2 of the First Schedule means the scale of pay specified against that post in column 4 thereof unless a different revised scale is notified separately for that post;

(6) 'Schedule' means a schedule annexed to these rules.

4. Scale of pay of posts.--

The scale of pay of every post/grade specified in column 2 of the First Schedule shall be as specified against it in column 4 thereof.

5. Drawal of pay in the revised scales.--

Save as otherwise provided in these rules, a Government servant shall draw pay in the revised scale applicable to the post to which he is appointed:

Provided that a Government servant may elect to continue to draw pay in the existing scale until the date on which he earns his next or any subsequent increment in the existing scale or until he vacates his post or ceases to draw pay in that scale.

Explanation 1.--The option to retain the existing scale under the proviso to this rule shall be admissible only in respect of one existing scale.

Explanation 2.--The aforesaid option shall not be admissible to any person appointed to a post on or after the 1st day of January, 1996, whether for the first time in Government service, or by transfer or promotion from for the first time in Government service, or by transfer or promotion from another post and he shall be allowed pay only in the revised scale.

Explanation 3.--Where a Government servant exercises the option under the proviso to this rule to retain the existing scale 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 scale under Fundamental Rule 22, or any other rule or order applicable to that post, his substantive pay shall be the substantive pay which he would have drawn had he retained the existing scale 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 appended to the Second Schedule so as to reach the authority mentioned in Sub-rule (2) within three months of the date of publication of these rules or where an existing scale has been revised by any order made subsequent to that date, within three months of the date of such order.

Provided that--

(i) in the case of a Government servant who is, on the date of such publication 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 Government servant is under suspension on the 1st day of January, 1996, 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 Government servant to the Head of his Office.

(3) If the intimation regarding option is not received within the time mentioned in Sub-rule (1), the Government servant shall be deemed to have elected to be governed by the revised scale of pay with effect on and from the 1st day of January, 1996.

(4) The option once exercised shall be final.

Note 1.--Persons whose services were terminated on or after the 1st January, 1996 and who could not exercise the option within the prescribed time limit, on account of death, discharge on the expiry of the sanctioned posts, resignation, dismissal or discharge on disciplinary grounds, are entitled to the benefits of this rule.

Note 2.--Persons who have died on or after the 1st day of January, 1996 and could not exercise the option within the prescribed time limit be deemed to have opted for the revised scales on and form the 1st day of January, 1996 or such later date as is most beneficial to their dependant, if the revised scale are more favourable and in such cases, necessary action for payment of arrears should be taken by the head of Office.

7. Fix a ion of initial pay in the revised scales.---

(1) The initial pay of a Government servant who elects, or is deemed to haive elected under Sub-rule (3) of the Rule 6 to be governed by the revised scale on and from the 1st day of January. 1996, shall unless in any case the President by special order otherwise directs, by 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:

(A) in the case of all employees,--

(i) an amount representing 40 per cent of the basic pay in the existing scale shall be added to the 'existing emoluments' of the employee;

(ii) after the existing emoluments have been so increased, the pay shall thereafter be fixed in the revised scale at the stage next above the amount thus computed.

Provided that--

(a) if the minimum of the revised scale is more than the amount so arrived at, the pay shall be fixed at the minimum of the revised scale;

(b) if the amount so arrived at is more than the maximum of the revised scale, the pay shall be fixed at the maximum of that scale.

Provided further that--

Where in the fixation of pay, the pay of Government servants drawing pay at more than four consecutive stages in an existing scale gets bunched, that is to say, gets fixed in the revised scale at the same stage, the pay in the revised scale of such of these Government servants who are drawing pay beyond the first four consecutive stages in the existing scale shall be stepped up to the stage where such bunching occurs, as under, by the grant of increment(s) in the revised scale in the following manner, namely:

(a) for Government servants drawing pay from the 5th upto the 8th stage in the existing scale by one increment.

(b) for Government servants drawing pay from the 9th upto the 12th stage in the existing scale, if there is bunching beyond the 8th stage--by two increments.

(c) for Government servants drawing pay from the 13th upto the 16th stage in the existing scale, if there is bunching beyond the 12th stage--by three increments.

If by stepping up to the pay as above, the pay of a Government servant gets fixed at a stage in the revised scale which is a higher than the stage in the revised scale at which the pay of a Government servant who was drawing pay at the next higher stage or stage in the same existing scale is fixed, the pay of the latter shall also be stepped up only to the extent by which it falls short of that of...

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