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R. No.FPC.1/2017/Pt/2 :

GOVERNMENT OF ASSAM

FINANCE (PAY RESEARCH UNIT) DEPARTMENT

Dispur :: Guwahati-6.

NOTIFICATION

Dated Dispur, the 17th March, 2017

No.FPC.1/2017/Pt/2 :- In exercise of powers conferred by the provision to Article 309 of the Constitution of India, the Governor of Assam is hereby pleased to make the following rules namely :-

R.1 Short title and commencement :

1. Short title and commencement : -

(a) These rules may be called the Assam Services (Revision of Pay) Rules, 2017.

(b) They shall be deemed to have come into force from 1st day of April, 2016.

R.2 Application of the Rules :

2. Application of the Rules : -

(a) Save as otherwise provided by or under these rules, these rules shall apply to all employees appointed to services or posts in connection with the affairs of the State of Assam and which are under the rule making control of the Governor of Assam.

(b) Unless specially extended under express order of the Government, these Rules shall not apply to –

i. Members of All India Services,

ii. Members of the Assam Judicial Service,

iii. Members of the services to whom the University Grants Commission and the All India Council of Technical Education pay structure apply,

iv. Officers and staff of Public Undertakings of the Assam Government,

v. Officers and staff of the Gauhati High Court,

vi. Government employees not in whole time employment,

R.3 Relaxation of Rules:-

3. Relaxation of Rules:- Where the Governor of Assam is satisfied that the operation of any of these rules causes undue hardship in any particular case, he may, by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions as may be considered necessary for dealing with the case in a just and equitable manner.

R.4 Definition:

4. Definition: - In these rules, unless there is anything repugnant to the subject or context:-

(a) “existing basic pay” means pay drawn in the Pay Band plus Grade Pay including stagnation increment(s), bust does not include any other type of pay

(b) “existing pay structure” in relation to a Government employee means the present Pay Band applicable to the post held by the Government employees (or, as the case may be, personal Pay Band applicable to him) and the Grade Pay as per proposed G.P. as on the 1st day of March, 2017 whether in a substantive or officiating capacity.

Explanation:- In the case of a Government employee who was on the 1st day of April, 2016 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 Pay Band + Grade Pay applicable to the

R.5 Application of the Revised Pay:

5. Application of the Revised Pay: - Save as otherwise provided in these rules a government employee who is in service on 31st March 2016 or who may have been appointed on or after 1st April, 2016 shall draw pay in the revised pay structure (Pay Band with Grade Pay) applicable to the post/service which he has been holding or to which he may have been appointed as the case may be;

Provided that a Government employee who is in service on 31st of March 2016 or who enters service on or after 1st April 2016, but before the date of publication of these rules, may, at his option, continue to draw pay in the existing pay structure, until the date on which he earns his next or any subsequent increment(s) in the existing pay structure or until he vacates his post or ceases to draw pay in the existing pay structure.

Note - (i) The option to retain the existing pay structure under this rule shall be admissible only in respect

R.6 Admissibility of Dearness Allowance in the event of retaining the existing scale of pay:

6. Admissibility of Dearness Allowance in the event of retaining the existing scale of pay: - A government employee exercising option to retain the existing pay structure under Rule 5 shall continue to draw the Dearness Allowance as was appropriate to the pay of existing pay structure at the rates in force on 1st April, 2016.

R.7 Exercise of option:

7. Exercise of option: -

(a) The option under the Rule 5 shall be exercised in the form at APPENDIX-IV and submitted to the authority mentioned in sub-rule (c) of this rule within 60 days from the date of publication of these rules or within such further period as may be determined by the state Government in the Finance Department, or where an existing pay scale has been revised or any existing provision regulating fixation of pay has been modified by an order made subsequent to that date, within 60 days from the date of such order.

Provided that:-

(i) In the case of a Government employee who, on the date of such publication or, as the case may be, date of such order, is on leave, deputation, foreign service or training, as the case may be, the said option may be exercised in writing so as to reach the said authority within the period specified under sub-rule (a) or within 60 days from the

R.8 Fixation of initial pay in Revised Pay Structure:

8. Fixation of initial pay in Revised Pay Structure: -

(A) The initial pay of a Government employee who is in service on 31st March, 2016, and is entitled under these rules, to draw pay in the revised pay structure, shall, unless the Governor of Assam by Special Order directs otherwise in any special case, be fixed, on the date he becomes so entitled, in respect of a post or posts referred to in sub-rule- (B) below in the following manner :-

(a) In case of all Government employees :-

The initial pay in the revised pay structure is to be fixed as per fitment Tables at APPENDIX-I.

However, in those cases where the Grade Pay has been revised to higher one, the fixations of pay shall be made as per illustration at Case 2 of APPENDIX -VI.

Procedure for fixation and some typical illustration have been given at APPENDIX-VI.

(B)

R.9 Rate of Increment in Revised Pay Structure: -

9. Rate of Increment in Revised Pay Structure: -

(1) The rate of increment in the revised pay structure shall be three per centum (3%) of the sum of the pay in the pay band, resultant grade pay as applicable. The resulting amount shall be rounded off to the next multiple of Rs.10.

(2) The amount of increment shall be added to the existing pay in the pay band.

R.10 Date of increment in Revised Pay Structure:

10. Date of increment in Revised Pay Structure: - In respect of Government employees, these shall be a uniform date of annual increment and such date of annual increment shall be 1st July of every year.

Note:- I. A Government employee completing 3(three) months and above in the revised pay structure as on 1st day of July shall be eligible to be granted the increment. The first increment after fixation of pay on 1st day of April, 2016 in the revised pay structure shall be granted on the 1st day of July, 2016.

II. If a Government employee opts to come under revised pay structure on any date between the 1st day of April, 2016 to the 1st day of July, 2016, his pay in the revised pay structure should be fixed accordingly, but his date of next increment should be 1st day of July, 2017.

R.11 Fixation of pay on promotion on or after 1st day of January :

11. Fixation of pay on promotion on or after 1st day of January : -

(1) In case of promotion from one post to a higher post on or after the 1st day of April, 2016, the fixation of pay of a Government employee shall be made as per F.R. 22(1) (a) (i).

R.12 Power of interpretation of Rules :

12. Power of interpretation of Rules :- If any question arises relating to the interpretation of these Rules, it shall be referred to the Government of Assam in the Finance (PRU) Deptt., whose decision thereon shall be final.

R.13 Cases not covered by these Rules :

13. Cases not covered by these Rules :- Cases not covered by these Rules, the provisions of Fundamental Rules and or an other rules, shall not apply to the extent they are inconsistent with these rules.