7th Pay Commission Army Pay Rules 2017 for PBOR – Definitions

7th Pay Commission Army Pay Rules 2017  for PBOR – Personnel Below Officer Rank – Gazette Notification Ministry of Defence dated 03.05.2017

Gazette Notification for Defence regarding 7th Pay Commission Army Pay Rules 2017 for PBOR

[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 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  by or under  this rule, these  rules  shall  apply  to Honorary Commissioned Officers, Junior Commissioned Officers, Non-Commissioned Officers, and Other Ranks of the Army, Defence Security Corps (DSC), Territorial Army  (TA)  [when  embodied],  and  Army  Postal  Service  (APS),  who  were  on  the effective strength of the Army, DSC, TA (embodied), and APS, as the case may be.

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

(a)      “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;

(b)      “existing   Pay   Band   and   Grade   Pay”      in   relation   to   Junior Commissioned Officers/ Other Ranks 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 rules, in a substantive capacity;

Explanation.– For the purposes of clauses (a) & (b) the expressions “existing basic pay”, “existing Pay Band and Grade Pay” in respect of a Junior Commissioned Officer/ Other Rank 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 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 Army or on leave or on foreign service or as the case may be, but for his officiating in that rank;

(c)      “existing pay structure” in relation to a Junior Commissioned Officer/ Other Rank 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 rules, in a substantive capacity;

(d)  “existing  Military  Service  Pay”  in relation  to  a  Junior  Commissioned Officer/ Other Rank means the amount of Military Service Pay applicable to the rank held by him as on the date immediately before coming into force of these rules;

(e)  “existing Group ‘X’ pay” in relation to Junior Commissioned Officer/ Other Rank means the amount of Group ‘X’ Pay applicable to him as on 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; (iii) existing Group X Pay; and, (iv) existing dearness allowance at the index average as on the 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;

(h)      “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;

(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 a Junior Commissioned Officer/ Other Rank means the Military Service Pay applicable to the rank held by him on drawal of pay in the prescribed Level in the Pay Matrix;

(k)      “Group ‘X’ pay” in relation to a Junior Commissioned Officer/ Other Rank means the Group ‘X’ pay applicable to him on drawal  of pay in the prescribed Level in the pay matrix;

(l)       “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);

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

(n)      “revised  emoluments”  means  the  sum  of  (i)  basic  pay;  (ii)  Military Service Pay; and, (iii) Group ‘X’ Pay; and

(o)      “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 and the Level in pay matrix corresponding to the rank of a Junior Commissioned Officer/ Other Rank is specified in Part B of the Schedule.

5.      Drawal of pay.– (1) Save as otherwise provided in these rules, a Junior Commissioned Officer/ Other Rank 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 Junior Commissioned Officer/ Other Rank 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 Junior Commissioned Officer/ Other Rank has been placed in a higher grade pay between the 1st  day of January 2016 and the date of notification of these rules 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 purpose of this rule the option to retain the existing pay structure shall be admissible only in respect of one existing Pay Band and Grade Pay.

(ii) The aforesaid option shall not be admissible to any Junior Commissioned Officer/ Other Rank 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 a compensation for the various intangible aspects linked to the special conditions of service in Army;

(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 Junior Commissioned Officers/ Other Ranks; and

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

(3)  (i) Group ‘X’ Pay is a fixed amount admissible to a Junior Commissioned Officer/ Other Rank of Group ‘X’, because of his higher educational qualification vis-à-vis a Junior Commissioned Officer/ Other Rank 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) 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

(b) 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 Education;

(iii) when a Junior Commissioned Officer/ Other Rank 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 Junior Commissioned Officer/ Other Rank is re-mustered from Group ‘Y’ to Group ‘X’, he shall be admissible Group ‘X’ Pay as applicable under sub–clause (ii) above; and

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