Tuesday, May 9, 2017

7th CPC Notification: Army Officers Pay Rules, 2017





[TO BE PUBLISHED IN THE GAZETTE OF INDIA, PART-II, SECTION 4] 
EXTRAORDINARY

MINISTRY OF DEFENCE 
(Department of Defence) 

NOTIFICATION

New Delhi, the 3rd May, 2017

SRO ________. In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules, namely:-

1. Short title and commencement.- (1)These rules may be called Army Officers Pay Rules, 2017.

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

2. Application.- (1) Save as otherwise provided under these rules, these rules shall apply to Army Officers including those of Army Medical Corps (AMC), Army Dental Corps (ADC), Remount and Veterinary Corps (RVC), Special List (SL), Regimental Commissioned Officers (RCO), Special Commissioned Officers (SCO), Territorial Army (TA) when embodied, and Army Postal Service (APS),who were on the effective strength of the Army as on the 1st day of January, 2016, and to Gentlemen or Lady Cadets and Junior Commissioned Officers/Other Ranks who were undergoing pre-Commission training on the 1st day of January, 2016, and to those trainee Officers who join the service after that date.

Provided that these rules shall not apply to Officers of National Cadet Corps (NCC), the Regular Reserve, Military Nursing Service (MNS), and re-employed Officers.


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

(a) “existing basic pay” means the pay drawn in the prescribed existing Pay Band and Grade Pay or pay in the existing scale, but does not include any other pay like Special Pay, Military Service Pay, etc;

(b) “existing Pay Band and Grade Pay” in relation to an Officer, means the Pay Band and the Grade Pay applicable to the rank held by the Officer as on the date immediately before the notification of these rules, in a substantive capacity;

(c) “existing scale” in relation to an Officer, means the pay scale applicable to the rank held by the Officer on the date immediately before the notification of these rules including in the Higher Administrative Grade, Higher Administrative Grade+, Apex Scale and that applicable to the Chief of Army Staff in a substantive capacity;

Explanation.- For the purpose of this clause the expressions “existing Basic Pay”, “existing Pay Band and Grade Pay” and “existing scale”, in respect of an Officer who, on the 1st day of January, 2016, was on deputation out of Indian Army 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 the higher post, shall mean such Basic Pay, Pay Band and Grade Pay or scale in relation to the rank which he would have held but for his being on deputation out of Indian Army or on leave or on foreign service or as the case may be, but for his officiating in that post;

(d) “existing pay structure” in relation to an Officer, means the Pay Band and Grade Pay or the Pay Scale as per the Sixth Central Pay Commission applicable to the rank held by the Officer as on the date immediately before the coming into force of these rules, in a substantive capacity;

(e) “existing Military Service Pay” in relation to an Officer, means the amount of Military Service Pay applicable to the rank held by him on the date immediately before coming into force of these rules;

(f) “existing emoluments” mean the sum of (i) existing basic pay; (ii) existing Military Service Pay; and (iii) existing dearness allowance at the index average as on 1st day of January, 2016;

(g) “Pay Matrix” means the Matrix specified in Part A of the Schedule, with Levels of pay arranged in vertical Cells as assigned to corresponding Pay Band and Grade Pay or scale;

(h) “Level” in the Pay Matrix, means the Level corresponding to the existing Pay Band and Grade Pay or scale specified in the Part A of the Schedule;

(i) “pay in the Level” means the pay drawn in the appropriate Cell of the Level as specified in Part A of the Schedule;

(j) “Military Service Pay” in relation to an Officer means the Military Service Pay applicable to the rank held by him admissible on drawal of pay in the prescribed Level in the Pay Matrix;

(k) “revised pay structure” in relation to a rank means the Pay Matrix and the Levels specified therein corresponding to the existing Pay Band and Grade Pay or scale of the rank;

(l) “basic pay” in the revised pay structure means the pay drawn in the prescribed Level in the Pay Matrix;

(m) “revised emoluments” means the sum of (i) basic pay; and (ii) Military Service Pay; and,.

(n) “Schedule” means a schedule annexed to these rules.

4. Level of ranks.- 
Click to view

5. Drawal of pay.- (1) (i) Save as otherwise provided in these rules, an Officer shall draw pay in the Level in the revised pay structure applicable to the rank to which he is appointed in substantive capacity:



Provided that an Officer 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 ceases to hold his rank or ceases to draw pay in the existing pay structure.

Provided further that in case an Officer has been placed in a higher grade pay or scale between the 1st day of January 2016 and the date of notification of these rules on account of promotion or upgradation, the Officer may elect to switch over to the revised pay structure from the date of such promotion or upgradation, as the case may be.

Explanation.- (i) For the purpose of this clause the option to retain the existing pay structure under the provisos of this rule shall be admissible only in respect of one existing Pay Band and Grade Pay or scale.

(ii) the aforesaid option shall not be admissible to any Officer commissioned on or after the 1st day of January, 2016, and he shall be allowed pay only in the revised pay structure.

(ii) Lieutenant Generals who are fit for promotion as Army Commanders,but overlooked due to lack of requisite residual service shall be granted pay in Level 17 on non-functional basis and this non-functional upgradation shall count for all the financial benefits associated with Level 17, but shall not count for other privileges associated with office of Army Commander.

(2) (i) Military Service Pay is compensation for the various intangible aspects linked to the special conditions of service in Army extended to Officers in the Army up to and including the rank of Brigadier.

(ii) Military Service Pay shall be admissible to Officers on drawal of pay in the prescribed Level in the Pay Matrix, at the rate of Rs 15,500 per month.

(iii) Military Service Pay shall be counted as pay for the purpose of computation of dearness allowance and pension.

6. Exercise of option.- (1) The option under the provisos to rule 5 shall be exercised in writing in the form appended to these rules so as to reach the Principal Controller of Defence Accounts (Officers), Pune within one hundred and eighty days of the date of notification of these rules, or where revision in the existing pay structure is made by any order subsequent to the date of notification of these rules, within one hundred and eighty days of the date of such order:

Provided that,-

(i) in the case of an Officer 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 Principal Controller of Defence Accounts (Officers) within one hundred and eighty days of the date of his taking charge of his post in India; and,

(ii) where an Officer is under suspension on the 1st day of January, 2016, the option may be exercised within one hundred and eighty days 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, along with an undertaking in the form appended to these rules, shall  be intimated by the Officer to the Principal Controller of Defence Accounts (Officers).

(3) If the intimation regarding option is not received by the Principal Controller of Defence Accounts (Officers) within one hundred and eighty days of the date of notification of these rules, the Officer shall be deemed to have elected to be governed by the revised pay structure with effect from the 1st day of January, 2016.

(4) The option once exercised shall be final.

Note -1 Officers whose services were terminated on or after the 1st day of January, 2016 and who could not exercise the option within the prescribed time limit, on account of discharge on the expiry of the sanctioned strength, release, resignation, dismissal or discharge on disciplinary grounds, are entitled to exercise option under sub-rule (1).


Note -2 Officers who have died on or after the 1st day of January, 2016 and could not exercise the option within the prescribed time limit, are deemed to have opted for the revised pay structure on and from the 1st day of January, 2016 or such later date which is 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 Principal Controller of Defence Accounts (Officers).

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

7. Fixation of Pay in the Revised Pay Structure.- (1) The pay of an Officer who elects, or is deemed to have elected under rule 6 to be governed by the revised pay structure on and from the 1st day of January, 2016, shall, unless in case the President by special order otherwise directs, be fixed 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.

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

Illustration:
1.Existing Pay Band : PB-3Pay Band15600 - 39100
2.Existing Grade Pay : 5400Grade Pay540061006600
3.Existing Pay : 16880Levels1010B11
4.Existing Basic Pay : [(2)+(3)]: 5400 + 16880 =222801561006130069400
2578006310071500
5.Pay after multiplication by a fitment factor of 2.57 [(4) x 2.57] : 22280 x 2.57 = 57259.6 (rounded off to 57260)3595006500073600
6.Level corresponding to Grade Pay 5400 (PB-3) : Level 104613006700075800
5631006900078100
7.Revised Pay in Pay Matrix (either equal to or next higher to 57260 in Level 10) : 578006650007110080400
7670007320082800
8690007540085300
8.Revised Pay: 57800


(2) In the case of medical Officers in the Army Medical Corps, Army Dental Corps and Remount and Veterinary Corps in respect of whom Non-Practicing Allowance is admissible, the pay in the revised pay structure shall be fixed in the following manner, namely:-

(i) the existing basic pay shall be multiplied by a factor of 2.57 and the figure so arrived at shall be added to by an amount equivalent to Dearness Allowance on the pre-revised Non-Practicing Allowance admissible as on 1st day of January, 2016 and thereafter 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.



(ii) the pay so fixed under clause (i) shall be added by the pre-revised Non Practicing Allowance admissible on the existing basic pay until further decision on the revised rates of Non Practicing Allowance.

Illustration:

1.Existing Pay Band : PB-4Pay Band37400 - 67000
2.Existing Grade Pay : 8000Grade Pay800087008900
3.Existing Pay : 49500Levels12A1313A
4.Existing Basic Pay : [(2) + (3)] : 8000 + 49500=575001116700125700139600
2120200129500143800
5.25% NPA on (Existing Basic Pay + MSP @ Rs. 6000) : 158753123800133400148100
4127500137400152500
6.DA on NPA @ 125% : 19844
7.Pay after multiplication by a fitment factor of 2.57 [(4) x 2.57] : 57500 x 2.57 = 1477755131300141500157100
6135200145700161800
8.Sum of serial number 6 and 7 : 167620
9.Level corresponding to Grade Pay 8000 (PB-4) : Level 12 A7139300150100166700
8143500154600171700
9147800159200176900
10152200164000182200
11156800168900187700
10.Revised Pay in Pay Matrix (either equal to or next higher to 167619 in Level 12A) : 17130012161500174000193300
13166300179200199100
11.Revised Pay + pre-revised Non Practicing Allowance (Sr. No. 5 + 10) : 18717514171300184600205100
15176400190100211300
16181700195800217600

(3) An Officer who is on leave on the 1st day of January, 2016 and is entitled to leave salary shall become entitled to pay in the revised pay structure from the 1st day of January, 2016, or the date of option for the revised pay structure.

(4) An Officer who is on Study Leave on the 1st day of January, 2016 shall be entitled to the pay in the revised pay structure from the 1st day of January, 2016, or the date of option.

(5) An Officer 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.

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

(7) Where in the fixation of pay in the Pay Matrix under rule 7, the pay in the Pay Matrix of an Officer, who, in the existing pay structure was drawing immediately before the 1st day of January, 2016 more pay in the Pay Band than another Officer in the same arm or service, gets fixed in the revised pay structure at a stage lower than that of such junior, his pay in the Pay Matrix shall be stepped up to the same cell in the revised pay structure as that of the junior.

(8) Where an Officer 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 an Officer as personal pay, to be absorbed in future increase in pay.

(9) (i) in cases where a senior Officer promoted to a higher rank before the 1st day of January, 2016 draws less pay in the Pay Matrix in the revised pay structure than his junior who is promoted to the higher rank on or after the 1st day of January, 2016, the pay in the Pay Matrix of the senior Officer in the revised pay structure shall be stepped up to an amount equal to the pay in the Pay Matrix as fixed for his junior in that higher rank, and such stepping up shall be done with effect from the date of promotion of the junior Officer, subject to fulfilment of the following conditions, namely:-

(a) both the junior and senior Officers belong to the same arm or service and the rank to which they have been promoted are identical in the same arm or service;

(b) the existing grade pay and the revised Level in the Pay Matrix of the lower and higher ranks in which they are entitled to draw pay are identical;

(c) the senior Officer at the time of promotion is drawing equal or more pay than the junior;

(d) the anomaly is directly as a result of the application of the provisions of these rules 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 Officer by virtue of any advance increments granted to him, the provisions of this rules shall not be invoked to step up the pay in the Pay Matrix of the senior Officer.

(ii) 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.

8. Regulation of stipend of Gentlemen or Lady Cadets and pay of Junior Commissioned Officers or Other Ranks during pre-commissioning training, and fixation of pay on successful commissioning.-

(1) (i) Gentlemen or Lady Cadets at Indian Military Academy, Officers Training Academy at Chennai and Gaya, Cadets Training Wings at College of Military Engineering shall receive a fixed stipend of Rs 56,100/- per month (starting pay in Level 10) for the period of training.




(ii) On successful commissioning, the pay in the Pay Matrix of the Officer commissioned shall be fixed in first Cell of Level 10 and the period of training shall not be treated as commissioned service and arrears on account of admissible allowances, as applicable, for the training period shall be paid to cadets.

(2) The arrears of stipend shall be paid.

Explanation.- For the purpose of this sub-rule, “arrears of stipend” shall mean the difference between,-

(i) the stipend to which he is entitled on account of the revision of his stipend under these rules for the period effective from the 1st day of January, 2016; and

(ii) the stipend to which he would have been entitled (whether such stipend had been received or not) for that period had his stipend not been so revised.

(3) (i) A trainee from the ranks of Junior Commissioned Officers or Other Ranks undergoing pre-commission training shall, during the training period, continue to receive pay and allowance as applicable to the rank held at the time of commencement of training.

(ii)On successful commissioning, the difference between the amount of stipend plus dearness allowance thereon minus pay and allowances received during the period of training shall be payable in lump-sum.

(iii) In case an Officer is commissioned between the 1st day of January, 2016 and the date of notification of these rules, where the existing emoluments exceed the sum of the pay fixed in the revised pay structure and the applicable dearness allowance thereon, the difference shall be allowed as Personal Pay, to be absorbed in future increments in pay.

(4) Officers in Army commissioned in the Army Medical Corps, Army Dental Corps and Remount and Veterinary Corps as Lieutenants shall be fixed in Cell 2, i.e., Rs 57800, of Level 10. Officers in Army commissioned in the Army Medical Corps, Army Dental Corps and Remount and Veterinary Corps as Captains in Army shall be fixed in Cell 1, i.e., Rs 61300 of Level 10B.

9. Regulation of increments in the Pay Matrix.- The increment shall be as specified in the vertical Cells of the applicable Level in the Pay Matrix. 

Illustration:

A Captain in the Basic Pay of Rs. 71,100/- in Level 10B shall move vertically down the Cells in the same Level and on grant of increment, his Basic Pay shall be Rs. 73,200/-.Pay Band15600 - 39100
Grade Pay540061006600
Levels1010B11
1561006130069400
2578006310071500
3595006500073600
4613006700075800
5631006900078100
66500071100
80400
7670007320082800
8690007540085300

10. Date of increment in revised pay structure.-

(1) There shall be two dates for grant of annual increment namely, 1st January and 1st July of every year, instead of existing date of 1st July, provided that an Officer shall be entitled to only one annual increment, either on 1st January or 1st July depending on the date of his appointment or promotion or upgradation.

(2) The increment in respect of an Officer appointed or promoted or upgraded during the period between the 2nd day of January and 1st day of July (both inclusive) shall be granted on the 1st day of January and the increment in respect of an Officer appointed or promoted or upgraded during the period between the 2nd day of July and 1stday of January (both inclusive) shall be granted on 1st day of July.

Illustration:

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

Provided that in case of Officers 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 the 1st day of July 2017.

11. Revision of pay from a date subsequent to the 1st day of January 2016.-
Where an Officer who continues to draw his pay in the existing pay structure is brought over to the revised pay structure from a date later than the 1st day of January, 2016, his pay from the later date in the revised pay structure shall be fixed in the manner prescribed in accordance with rule 7.

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

(i) One increment shall be given in the Level from which an Officer is promoted or upgraded and he shall be placed at a cell equal to the figure so arrived at in the Level of the rank to which promoted or upgraded, and if no such cell is available in the Level to which promoted or upgraded, he shall be placed at the next higher Cell in that Level.




Illustration:

1.Level in the revised pay structure: Level 10BPay Band
15600 - 39100
2.Basic Pay in the revised pay structure: 67000Grade Pay540061006600
3.Granted promotion or upgraded to : Level 11Levels1010B11
1561006130069400
2578006310071500
4.Pay after giving one increment in Level 10B : 690003595006500073600
4613006700075800
5631006900078100
5.Pay in the upgraded Level i.e. Level 11 (either equal to or next higher to 69000 in Level 10B) : 694006650007110080400
7670007320082800
8690007540085300
9711007770087900

(ii) In case of Officers receiving Non-Practicing Allowance, their basic pay plus Non Practicing Allowance shall not exceed the average of basic pay of the revised scale applicable to the Level 17 and 18 i.e., Rs. 237500/-

(iii) In case of promotion of an Officer from Level 13A to Level 14, increment for promotion shall be calculated on the pay in the Level 13A being drawn immediately prior to promotion and the sum of the pay in the level 13A plus the amount of increment for promotion plus Military Service Pay shall determine the pay in the Level 14 and the figure so arrived at will be located in the next higher Level 14, and if such an identical figure corresponds to any Cell in Level 14, the same shall be the pay in the revised pay structure and if the identical figure is not available in Level 14, the pay in the Pay Matrix shall be fixed at the immediate next higher Cell in Level 14 of the Pay Matrix.

Illustration:

1.Level in the revised pay structure: Level 13ALevels1313A14
2.Basic Pay in the revised pay structure: 171700 1125700139600144200
3.Promoted to Major General in : Level 142129500143800148500
4.Pay in Level 13A after promotion increment :1769003133400148100153000
5.MSP : 155004137400152500157600
6.Adding Sr. No. 4 and 5 : 192400
7.Pay fixed in level 14 : 1938005141500157100162300
6145700161800167200
7150100166700172200
8154600171700177400
9159200176900182700
10164000182200⇘188200
11168900187700193800
12174000193300199600

13. Pay of officers commissioned with Ante Date for Pay on or after 1st day of January, 2016.- Pay of officers commissioned with ante date for Pay on or after 1st day of January, 2016 shall be fixed notionally from the date of ante date in the relevant revised Level or pre revised scale as applicable and the pay shall then be arrived at as on date of commission after adding increments at the applicable rates for the period of ante date.

14. Mode of payment of arrears of Pay.- (1) The arrears, computed after deduction of subscription at enhanced rate of Defence Services Officers Provident Fund with reference to the revised pay, shall be paid after deduction of ad-hoc arrears paid as per Government of India MoD letter No. 1(11)/2016/D (Pay/Services) dated the 10th October, 2016.

Explanation.- For the purpose of this rule, “arrears of pay” in relation to an Officer, means the difference between,-

(i) the aggregate of the pay and dearness allowance, and Military Service Pay to which he is entitled on account of the revision of his pay under these rules for the period effective from the 1st day of January, 2016; and

(ii) the aggregate of the pay and dearness allowance, and Military Service Pay to which he would have been entitled (whether such pay and dearness allowance had been received or not) for that period had his pay and dearness allowance not been so revised.

15. Overriding effect of rules.- The provisions of the Pay and Allowances Regulations (Officers), Army 1954 and existing instructions and regulations shall not save as otherwise provided under these rules, apply to cases where pay is regulated under these rules, to the extent they are inconsistent with these rules and these rules shall supersede SAI 2/S/2008 except as respects things done or omitted to be done before such supersession.

16. Power to relax.- Where the President is satisfied that the operation of all or any of the provisions of these rules shall cause undue hardship in any particular case, he may, by order, dispense with or relax the requirements of that provision to such extent and subject to such conditions as he may consider necessary for dealing with the case in a just and equitable manner.




17. Interpretation:- If any question arises relating to the interpretation of any of the provisions of these rules, it shall be referred to the Central Government for decision.

SCHEDULE

[See regulations 3(g) and 4] 


PART A


Pay Matrix


Level of Ranks of the Officers in the Navy:

[See regulation 6(2)]

[F. No. 1(8)/2016/ D (P/S)
sd/-
V. ANANDARAJAN. Jt. Secy.

Explanatory Memorandum.- The Seventh Central Pay Commission has been implemented with effect from the 1st day of January. 2016. Likewise. the Defence Personnel of the Union of India are eligible for Seventh Central Pay revision with effect from the 1st day of January. 2016. Accordingly. these Rules have been given retrospective effect with effect from the 1st day of January. 2016. It is hereby. certified that by giving retrospective to these rules no one will be adversely affected.



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