Notification of Pay Rules, 2017 in respect of PBORs of the Defence Force (Navy)

Notification of Pay Rules, 2017 in respect of PBORs of the Defence Force (Navy)

[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 section 184 of the Navy Act, 1957 (62 of 1957), the Central Government hereby makes the following regulations, namely:–

1.Short title and commencement:–

(1) These regulations may be called Navy Pay Regulations,

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

2. Application

(1) Save as otherwise provided by or under this regulation, these shall apply to Honorary Commissioned Officers, Master Chief Petty Officer I/II, Chief Petty Officer, Petty Officer, Leading Seaman, and Seamen I/II, and includes Artificers or Mechanicians, who were on the effective strength of the Navy as on 1 January 2016; and recruits in Navy undergoing training.

3.Definitions

In these regulations, unless the context otherwise requires.

  • existing basic pay” means pay drawn in the prescribed existing Pay Band and Grade Pay but it does not include any other types of pay like Special Pay, Military Service Pay, Group ‘X’ Pay etc;
  • “existing Pay Band and Grade Pay” in relation to a Sailor means the Pay Band and the Grade Pay applicable to the rank held by him (including under Modified Assured Career Progression) as on the date immediately before the notification of these regulations, in a substantive capacity;

Explanation.– For the purpose of these rules, the expressions “existing basic pay”, “existing Pay Band and Grade Pay” in respect of a Sailor who, on the 1st day of January, 2016, was on deputation out of Indian Navy or on leave or on foreign service, or who would have on that date officiated in one or more lower ranks but for his officiating in the higher rank, shall mean such basic pay, Pay Band and Grade Pay in relation to the rank which he would have held but for his being on deputation out of Indian Navy or on leave or on foreign service or as the case may be, but for his officiating in that rank;Also Read : Notification of Pay Rules, 2017 in respect of PBORs of the Defence Force Navy Officers

  • “existing pay structure” in relation to a Sailor means the present system of Pay Band and Grade Pay as per Sixth Central Pay Commission applicable to the rank held by him (including under Modified Assured Career Progression) as on the date immediately before the coming into force of these regulations, in a substantive capacity;
  • existing Military Service Pay” in relation to a Sailor means the amount of Military Service Pay applicable to the rank held by him as on date immediately before coming into force of these regulations;
  • existing Group ‘X’ Pay” in relation to a Sailor means the amount of Group ‘X’ Pay applicable to him as on date immediately before coming into force of these regulations;
  • “existing emoluments” mean the sum of (i) existing basic pay; (ii) existing Military Service Pay; (iii) existing Group X Pay; and, (iv) existing dearness allowance at the index average as on 1st day of January, 2016;
  • 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;
  • “Level” in the Pay Matrix, means the Level corresponding to the existing Pay Band and Grade Pay specified in the Part A of the Schedule;
  • “pay in the Level” means the pay drawn in the appropriate Cell of the Level as specified in Part A of the Schedule;
  • Military Service Pay” in relation to a Sailor means the Military Service Pay applicable to the rank held by him on drawal of pay in the prescribed Level in the Pay Matrix;
  • “Group ‘X’ pay” in relation to a Sailor means the Group ‘X’ pay applicable to him on drawal of pay in the prescribed Level in the Pay Matrix;
  • “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 of the rank (including under Modified Assured Career Progression);
  • basic pay” in the revised pay structure means the pay drawn in the prescribed Level in the Pay Matrix;
  • revised emoluments” means the sum of (i) basic pay; (ii) Military Service Pay; and, (iii) Group ‘X’ Pay; and; Also Read: Notification of Pay Rules, 2017 in respect of PBORs of the Defence Force (Air Force )
  • “Schedule” means a schedule appended to these Rules.

4.Level of ranks

The Level of ranks shall be determined in accordance with the various Levels as assigned to the corresponding existing Pay Band and Grade Pay (including under Modified Assured Career Progression) as specified in the Pay Matrix. The Level in Pay Matrix corresponding to the rank of a Sailor is specified in Part B of the Schedule.

5.Drawal of pay

 Save as otherwise provided in these regulations, a Sailor shall draw pay in the Level in the revised pay structure applicable to the rank to which he is appointed (including under Modified Assured Career Progression);

Provided that a Sailor 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 a Sailor has been placed in a higher grade pay between 1st day of January 2016 and the date of notification of these regulations on account of promotion, he may elect to switch over to the revised pay structure from the date of such promotion;

Explanation

(i) For the purposes of these rules the option to retain the existing pay structure under the provisions of these regulations shall be admissible only in respect of one existing Pay Band and Grade Pay.

(ii) The aforesaid option will not be admissible to any Sailor appointed to a post on or after the 1st day of January, 2016, whether for the first time in government service or by transfer from another post and he shall be allowed pay only in the revised pay structure.

2.(i) Military Service Pay is compensation for the various intangible aspects linked to the special conditions of service in Navy;

(ii)Military Service Pay shall be admissible on drawal of pay in the prescribed Level in the Pay Matrix, at the rate of Rs 15,500 for Honorary Commissioned Officers, and Rs 5,200 for all other Sailors;

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

3.(i) Group ‘X’ Pay is a fixed amount admissible to a Sailor of Group ‘X’ only, because of his higher educational qualification vis-à-vis a Sailor of Group ‘Y’;

(ii) The Levels for same ranks in trade Group ‘X’ and trade Group ‘Y’ shall be same. Group ‘X’ Pay shall be admissible on drawal of pay in the prescribed Level in the Pay Matrix at;

  • a higher rate of Rs 6,200, for Group X’ trades which requires a qualification equivalent to a diploma recognised by All India Council for Technical Education; and,
  • a lower rate of Rs 3,600, for other Group ‘X’ trades, but not having a technical qualification recognised by All India Council for Technical

(iii)when a Sailor in relevant Group ‘X’ trades drawing a lower rate of Group ‘X’ Pay acquires a higher technical qualification equivalent of a diploma recognised by All India Council for Technical Education, he shall be admissible to higher rate of Group ‘X’ Pay with the approval of concerned Competent Authority;

(iv) when a Sailor is re-mustered from Group ‘Y’ to Group ‘X’, he shall be admissible Group ‘X’ Pay as applicable under clause (ii).

(v)Group ‘X’ Pay shall be counted as pay for the purpose of computation of dearness allowance

6.Exercise of option.– (1) The option under the provisions to regulation 5 shall   be exercised in writing in the form appended to these regulations so as to reach the Naval Pay Office Mumbai within one hundred and eighty days of the date of notification of these regulations, or where revision in the existing pay structure is made by any order subsequent to the date of notification of these regulations, within one hundred and eighty days of the date of such order.

Provided that;

  • in the case of a Sailor 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 Naval Pay Office Mumbai within one hundred and eighty days of the date of his taking charge of his post in India; and,
  • where a Sailor 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- regulation.

(2).The option, along with an undertaking appended to these regulations, shall be intimated by a Sailor to the Naval Pay Office

(3)If the intimation regarding option is not received by the Naval Pay Office Mumbai within one hundred and eighty days of the date of notification of these regulations, the Sailor 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. Sailors 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- regulation(1).

Note 2.  Sailors 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 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 Commodore Bureau of Sailors/Naval Pay Office, Mumbai as appropriate.

Note 3.     Sailors 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-regulation(1).

7.Fixation of pay in the revised pay structure

(1) The pay of a Sailor who elects, or is deemed to have elected under regulation 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,

  • 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.
  • if the minimum pay or the first Cell in the applicable Level is more than the amount arrived at as per sub-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–1

 

Pay Band

 

5200 –20200

 

Grade Pay

 

2000

 

2400

 

2800

 

Levels

 

3

 

4

 

5

1.

21700

25500

29200

2

22400

26300

30100

3

23100

27100

31000

4.

23800

27900

31900

5.

24500

28700

32900

6.

25200

29600

33900

7.

26000

30500

34900

8.

26800

31400

35900

9.

27600

32300

37000

10.

28400

33300

38100

11.

29300

34300

39200

12.

30200

35300

40400

13.

31100

36400

41600

14.

32000

37500

42800

15.

33000

38600

44100

16.

34000

39800

45400

2.

Existing Grade Pay : 2400

3.

Existing Pay : 10160

 

4.

Existing Basic Pay [(2)+(3)=(4)] : 2400 + 10160 = 12560

5.

Pay after multiplication by a fitment factor of  2.57 [(4) x2.57] : 32279.2 (rounded off to 32279)

 

6.

Level corresponding to Grade Pay 2400 (PB–1) : Level 4

7.

Revised Pay in Pay Matrix (either equal to or next higher to 32279 in Level 4)  32300

8.

Revised Pay in Pay Matrix:32300

(2).A Sailor who is on leave on the 1st 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.

(3).A Sailor 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.

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

(5)Where in the fixation of pay in the Pay Matrix under regulation 7, the pay in the Pay Matrix of a Sailor, who, in the existing pay structure was drawing immediately before the 1st of January, 2016 more pay in the Pay Band than another Sailor 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.

(6).Where a Sailor is in receipt of Personal Pay immediately before the date of notification of these regulations, which together with his existing emoluments exceed the revised emoluments, then the difference representing such excess shall be allowed to such a Sailor as Personal Pay, to be absorbed in future increase in Pay.Also Read : Pay Matrix Table for Navy PBORs

(7).In case of Sailors who are in receipt of Personal Pay for passing Hindi Pragya, Hindi Typewriting, Hindi shorthand and such other examinations under the “Hindi Teaching Scheme” or on successfully undergoing training in cash and accounts matters prior to – January, 2016, while the Personal Pay shall not be taken into account for purposes of fixation of initial pay in the revised pay structure, they shall continue to draw Personal Pay after fixation of their pay in the revised pay structure on and from the – day of January 2016 or subsequently for the period for which they would have drawn it but for the fixation of their pay in the revised pay structure and the quantum of such Personal Pay would be paid at the appropriate rate of increment in the revised pay structure from the date of fixation of pay for the period for which they would have continued to draw it.

Explanation.– For the purpose of this sub-rule, “appropriate rate of increment in the revised pay structure” means the difference with respect to the next immediate higher Cell in the applicable Level of the Pay Matrix, from the stage at which the pay of the Sailor is fixed in the revised pay structure.

(i)In cases where a senior Sailor promoted to a higher rank before the 1st 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 of January, 2016, the pay in the Pay Matrix of the senior Sailor 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 Sailor, subject to fulfilment of the following conditions, namely:–

(a)both the junior and senior Sailors belong to the same group or branch and the rank to which they have been promoted are identical in the same group or branch.

(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 Sailor 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 this regulation or any other regulation or order regulating pay fixation on such promotion in the revised pay structure.

Provided that if the junior Sailor was drawing more pay in  the  existing  pay structure than the senior Sailor by virtue of any advance increments granted to him, the provisions of these regulations shall not be invoked to step up the pay in the Pay Matrix of the senior Sailor.

(ii)  The senior Sailor 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 a recruit undergoing training and fixation of his  pay after successful attestation or mustering.

  • A recruit undergoing training on or after 1st day of January 2016 shall draw a stipend of Rs. 14,600 per month.
  • On successful attestation/ mustering, the pay of a recruit shall be fixed after adding increments, as may be admissible, to the first Cell in the Level to which he is recruited. For such fixation, the first annual increment shall be reckoned from his date of enrolment.Also Read: Level  of Ranks in the pay matrix for Navy PBORs
  • On successful attestation or mustering, a recruit shall be paid “lump-sum amount”. For the purpose of this sub-regulation, “lump-sum amount” shall mean the difference between:

(a)the aggregate of pay in the Level, Group ‘X’ Pay, allowance of the trade to which allotted, and dearness allowance, to which he would have been entitled had he been successfully mustered or attested from his date of enrolment; and

(b)the stipend to which he is entitled during training (whether such stipend had been received or not).

(4.)The “arrears of stipend” shall be paid. For the purpose of this sub-regulation, “arrears of stipend” shall mean the difference between:

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

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.

A Leading Seaman in the Basic Pay of Rs. 29,600/– in Level 4 will move vertically down the Cells in the same Level and on grant of increment, his Basic Pay will be Rs. 30500/–.

 

Pay Band

 

5200 –20200

 

Grade Pay

 

2000

 

2400

 

2800

 

Levels

 

3

 

4

 

5

1.

21700

25500

29200

2

22400

26300

30100

3

23100

27100

31000

4.

23800

27900

31900

5.

24500

28700

32900

6.

25200

29600

33900

7.

26000

30500

34900

8.

26800

31400

35900

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 a Sailor or a recruit 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, or enrolment, as the case may be.

(2)The increment in respect of a Sailor appointed or promoted or upgraded or in respect of a recruit enrolled 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 a Sailor appointed or promoted or upgraded or in respect of a recruit enrolled 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)Leading Seaman X gets promoted to Petty Officer on 1st of September, 2016. In this case, the first increment shall accrue to Leading Seaman X on the 1st day of July, 2017 and thereafter it shall accrue after one year on annual basis.

(b)Chief Petty Officer Y gets promoted to the rank of Master Chief Petty Officer II on 15th of June, 2016, and will, therefore, not draw annual increment on the 1st of July, 2016. In this case, 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 case of a Sailor 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 a Sailor 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 regulation 7.

12.Fixation of pay on promotion or upgradation on or after 1st day of January, 2016

 For the fixation of pay in case of promotion or upgradation from one Level to another in the revised pay structure, one increment shall be given in the Level from which a Sailor 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 4

 

Pay Band

 

5200 –20200

 

Grade Pay

 

2000

 

2400

 

2800

 

Levels

 

3

 

4

 

5

1.

21700

25500

29200

2

22400

26300

30100

3

23100

27100

31000

4.

23800

27900

31900

5.

24500

28700

32900

6.

25200

29600

33900

7.

26000

30500

34900

8.

26800

31400

35900

9.

27600

32300

37000

2.

Basic Pay in the revised pay structure : 28700

3.

Granted Promotion/financial Upgradation Level 5

 

4.

Pay  after giving one increment in Level 4 : 29600

5.

Pay in the upgraded Level  i.e, Level 5 (either equal to or next higher to 29600 in Level  5): 30100

 

13.Mode of Payment of Arrears of Pay

(1) The arrears, computed after deduction of subscription at enhanced rate of AFPP Fund with reference to revised pay, shall be paid after deduction of adhoc arrears paid as per GoI MoD letter No 1(11) 2016/D(Pay/Services) dated  10/ 10/2016.

Explanation.– For the purpose of this regulation, “arrears of pay” in relation to Sailor, means the difference between,–

  • the aggregate of the pay, dearness allowance, Group ‘X’ Pay and Military Service Pay to which he is entitled on account of the revision of his pay under this Regulation for the period effective from the 1st of January, 2016; and;
  • the aggregate of the pay, dearness allowance, Group ‘X’ Pay 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.

14.Overriding effect of regulations.

 The provisions of the Pay and Allowances Regulations for Navy 1966, and existing instructions and regulations shall not save as otherwise provided under this Regulation, apply to cases where pay is regulated under this Regulation, to the extent they are inconsistent with this Regulation and these Regulations shall supersede Special Navy Instructions 1/S/2008 except as respects things done or omitted to be done before such supersession.

15.Power to relax.– Where the President is satisfied that the operation of all or any of the provisions of this regulation causes 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.

16.Interpretation.– If any question arises relating to the interpretation of any of the provisions of the regulations contained in these Regulations, it shall be referred to the Central Government for decision.

SCHEDULE

[See regulations 3(g) and 4]

PART A

Pay Matrix

 

Pay Band

5200–20200

9300–34800

15600–39100

Grade Pay

2000

2400

2800

3400

4200

4600

4800

5400

5400

6100

Level

3

4

5

5A

6

7

8

9

10

10B

1

21700

25500

29200

33300

35400

44900

47600

53100

56100

61300

2

22400

26300

30100

34300

36500

46200

49000

54700

57800

63100

3

23100

27100

31000

35300

37600

47600

50500

56300

59500

65000

4

23800

27900

31900

36400

38700

49000

52000

58000

61300

67000

5

24500

28700

32900

37500

39900

50500

53600

59700

63100

69000

6

25200

29600

33900

38600

41100

52000

55200

61500

65000

71100

7

26000

30500

34900

39800

42300

53600

56900

63300

67000

73200

8

26800

31400

35900

41000

43600

55200

58600

65200

69000

75400

9

27600

32300

37000

42200

44900

56900

60400

67200

71100

77700

10

28400

33300

38100

43500

46200

58600

62200

69200

73200

80000

11

29300

34300

39200

44800

47600

60400

64100

71300

75400

82400

12

30200

35300

40400

46100

49000

62200

66000

73400

77700

84900

13

31100

36400

41600

47500

50500

64100

68000

75600

80000

87400

14

32000

37500

42800

48900

52000

66000

70000

77900

82400

90000

15

33000

38600

44100

50400

53600

68000

72100

80200

84900

92700

16

34000

39800

45400

51900

55200

70000

74300

82600

87400

95500

17

35000

41000

46800

53500

56900

72100

76500

85100

90000

98400

18

36100

42200

48200

55100

58600

74300

78800

87700

92700

101400

19

37200

43500

49600

56800

60400

76500

81200

90300

95500

104400

20

38300

44800

51100

58500

62200

78800

83600

93000

98400

107500

21

39400

46100

52600

60300

64100

81200

86100

95800

101400

110700

22

40600

47500

54200

62100

66000

83600

88700

98700

104400

114000

23

41800

48900

55800

64000

68000

86100

91400

101700

107500

117400

24

43100

50400

57500

65900

70000

88700

94100

104800

110700

120900

PART B

Level of Ranks:

Sl.

No.

Rank

Level in Pay Matrix

(a)

Seaman I/II

3

(b)

Leading Seaman

4

(c)

Petty Officer

5

(d)

Mechanicians and Artificers

5A

(e)

Chief Petty Officer

6

(f)

Master Chief Petty Officer II

7

(g)

Master Chief Petty Officer I

8

(h)

Honorary Second Lieutenant

10

(i)

Honorary Lieutenant

10B

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