The Rajasthan Municipal (Subordinate and Ministerial Service) (Revised Pay Scales) Rules, 1971

[14 April 1971]

 

In exercise of the powers conferred by clause (b) of sub-section (2) of Section 297 of the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959) read with clauses (b) and (c) of section 88 thereof, the State Government hereby makes the following Rules, namely:-

Rule - 1. Short title and commencement.?

 

(i)       These Rules may be called the Rajasthan Municipal (Subordinate and Ministerial Service) (Revised Pay Scales) Rules, 1971.

(ii)      They shall come into force after one month from the date of their publication in the Official Gazette.

Rule - 2. Definitions.?

 

In these Rules, unless there is anything repugnant in the subject or contest:-

(i)       'Appointed date' means 2-12-1963, or such other subsequent date from which the Board decided to pay the revised pay scales to the members:-

Explanation. - Where a member opts the Revised pay scales from any date subsequent to the appointed date, then such date shall be the appointed date in respect of such member.

(ii)      'Basic Pay' means the pay as defined in clause (i) of sub- rule (21) of rule 7 of the Rajasthan Service Rules, 1950 :

Provided that in respect of such Boards where dearness pay, personal pay or special pay not provided with scales was payable along with the pay on the appointed date to its servants, the basic pay will also include such dearness pay, personal pay or special pay:

(iii)     'Board' means the Municipal Board and includes a Municipal Council:

[1][(iii-A) 'Chairman' means the Chairman of a Board and includes a President of a Municipal Council.]

(iv)    'Director' means the Director of Local Bodies, Rajasthan;

(v)      'Examiner' means the Examiner, Local Fund Audit Department Rajasthan;

(vi)    'Executive Officer' means the Executive Officer of a Board and includes a Commissioner of a Municipal Council;

(vii)   'Existing pay scale' means scale of pay in force on or before the appointed date for the post held by a member;

(viii)  'Form' means the form appended to these Rules;

(ix)    'Member' means member of the service;

(x)      Present emoluments' means basic pay of a member in the existing pay scale together with dearness allowance admissible thereon;

(xi)    'Revised dearness allowance' means dearness allowance applicable on the appointed date;

(xii)   'Revised Pay Scale' means scale of pay as prescribed in this Department Notification No. F.2(36) LSG/58/70/1, dated 14-4-71;

(xiii)  'Schedule' means schedule appended to these Rules;

(xiv)  'Service' means Rajasthan Municipal Subordinate and Ministerial Service.

Rule - 3. Scope of Rules.?

 

(1)     The revised pay scales shall be payable to such member who exercises his option for the revised pay scale in accordance with the provisions contained in rule 5 below, and-

(i)       who was appointed before 23-11-63 on any post encadered in the service, or

(ii)      who holds a substantive appointment on any such post, or

(iii)     who was appointed on or after 24-11-63 temporarily but possesses requisite qualifications prescribed for the post on which he was initially appointed :

Provided that any member appointed on or after 24-11-63 temporarily without possessing qualifications prescribed for the post, to which he was initially appointed shall be eligible for the Revised Pay Scales from the date he acquires such requisite qualifications :

Provided further that the revised pay scales shall not be applicable in the following cases:-

(iv)    who are paid from the contingency, or

(v)      who have been retrenched, discharged or terminated from the Municipal Services, or

(vi)    who have been especially excluded wholly or partly by the Government from the operation of these rules, or

(vii)   who are appointed on contract or on fixed pay, and

(viii)  who are holding part time appointment.

(2)     Every Board shall, before deciding to apply the revised pay scales from the appointed date, ensure and satisfy itself that its financial resources are sufficient to meet the additional burden arising on account of payment of the revised pay scales.

Rule - 4. Repeal.?

 

On the application of the revised pay scales and opted for them by a member, in such cases this Department Notification No. Tax/F.2(36) LSG/58, dated 29-6-64 published in the Rajasthan Rajpatra, Part IV(C), dated 10-9-64, as amended from time to time shall stand superseded from the appointed date.

Rule - 5. Exercise of option.?

 

(i)       Any member who is eligible for the revised pay scale under rule 3 above may elect to continue to draw pay in his existing pay scale till the date on which he earns his next or subsequent increment in his existing pay scale or until he vacates his post or ceases to draw his pay in his existing pay scale :

Provided that if any Board resolves to make the Revised pay scales applicable from a date after 1-4-64, the member shall continue to draw pay in the scales of pay prescribed under Government Notification Tax/F.2(36) LSG/58, dated 29-6-64 as amended from time to time till the appointed date and the fixation of his pay will be done with reference to basic pay after adding due increments in the pay scale in force before 1-4-64.

(ii)      The option under sub-rule (i) shall be exercised in writing in Form 1 and submitted to the Executive Officer within a period of two months from the coming into force of these rules or the appointed date whichever is later:

Provided that-

(a)      In case any member is on leave under suspension, training or on foreign service during the said period of two months, the option shall be exercised by him within two months from the date of his return to regular duty in the service.

(b)      In case option is not received from any member within the time specified above, he shall be deemed to have elected the revised pay scale from the appointed date.

(c)      Where any member has already expired or expires before, exercising his option, within the prescribed period, he may be deemed to have exercised his option in favour of the revised pay scale or the existing pay scale whichever is advantageous to him and his pay shall be fixed accordingly.

(iii)     The option once exercised shall be final.

Rule - 6. Declaration by the member.?

 

For the safeguard of the recovery of over or excess payment made on account of some error in the fixation of pay in the revised pay scale, each member opting the revised pay scale shall give a declaration in Form II that in the event of over payment to him, recovery shall be effected from his pay.

Rule - [2][7. Preparation of fixation statement.?

 

On receipt of option under rule 5 and the declaration under rule 6 of these rules, the Executive Officer shall prepare a fixation statement in quarduplicate in Form '3' and shall furnish the same with service record to the Assistant Examiner Pre-audit in the case of Municipal Council and to the Assistant Examiner of Range Local Fund Audit Department in case of Municipal Boards for examination and checking.

If any mistake is found the concerned Assistant Examiner or the Assistant Examiner Range Local Fund Audit Department, as the case may be, may refer it back to the Executive Officer for necessary correction. After such statement is checked and found correct the Assistant Examiner or Assistant Examiner Range as the case may be, shall endorse the same to the Chairman of the Board concerned who shall thereon record his approval accordingly.]

Rule - 8. Fixation of pay.?

 

Subject to the instructions contained in Schedule I and unless in any case the Government by special order otherwise directs, the pay of a member who elects or is deemed to have elected the revised pay scale under rule 5 shall be fixed separately on the posts held by him in substantive and officiating capacity in the following manner and shall be allowed the special pay thereon as contained in Schedule III.

(a)      The pay in the revised pay scales shall be fixed at a stage to which the addition of revised dearness allowance, if any, makes total equal to the present emoluments :

Provided that if there are two stages in the revised pay scale to which the addition of the revised dearness allowance, if any, makes the total equal to the present emoluments, the pay in the revised pay shall be fixed at the higher stage.

(b)      If there is no stage or stages as indicated in clause (a) above, the pay shall be fixed at a stage to which the addition of revised dearness allowance, if any, results in minimum increase in present emoluments :

Provided that if there are two stages to which the addition of revised dearness allowance, if any, results in the minimum increase in the present emoluments, the pay shall be fixed at the higher stage.

(c)      When the basic pay in the existing scale plus the amount of dearness allowance appropriate to the basic pay is less than minimum pay of the revised pay scale, the pay shall be fixed at the minimum of the revised pay scale.

(d)      Where the basic pay in the existing pay scale plus the amount of dearness allowance appropriate to the basic pay is more than the maximum pay of the revised pay scale such difference shall be allowed as personal pay of the member.

(e)      Where the fixation of the pay in the Revised Pay Scale carries the pay beyond the stage of efficiency bar, it shall be deemed to have been crossed.

Rule - 9. Date of increment.?

 

Subject to the instructions contained in Schedule I and Schedule 11, the next increment of a member whose pay has been fixed in the Revised Pay Scale in accordance with rule 8 above shall be granted on the date on which have drawn his increment had he continued in the existing pay scale provided that where the pay is fixed at the minimum of the revised pay scale and on such fixation the revised emoluments exceed the present emoluments by the amount of first increment or more in the revised pay scale, the next increment shall be granted after completing the full increment period countable under rule 31 of the Rajasthan Service Rules, 1950.

Rule - 10. Liability of payment.?

 

Pay dearness allowance and other allowances of a member shall be paid out of the funds of the concerned Municipality where he had served or serves from time to time, as the case may be.

Rule - 11. Relaxation of Rules.?

If the Government is satisfied that the operation of any of these rules causes under hardship in any particular case it may by order relax the requirement of that rule to such extent and subject to such conditions that it may consider necessary for dealing with a case in just and equitable manner.

Rule - 12. Power of interpretation.?

 

If any question of doubt arises relating to the interpretation of these rule, it shall be referred to the Government in the Local Self Government Department whose decision thereon shall be final.

Schedule-1

(See Rule 8)

(Instructions)

(1)     The rate of revised dearness allowance admissible to municipal servants with effect from 2-12-1963 or the appointed date shall be as follows :-

(2)     The above revised rates of dearness allowance shall be in supersession of previous or existing dearness allowance in force on or before the 2nd December, 1963.

(3)     This dearness allowance shall be applicable to the employees of those Boards which resolve to adopt the revised pay scale during the period form 2-12-1963 to 31-3-1964, or from the date these revised pay scale is adopted by the Boards.

(4)     No portion of this revised dearness allowance will be treated as part of pay for any purpose.

(5)     If the Boards do not adopt the revised pay scale or the employees do not elect the revised pay scale shall continue to draw dearness allowance at the rate in force on or before 2-12-1963 so long as they continue to draw pay in existing pay scales.

(6)     Any increase in the rate of dearness allowance will also be drawn with such conditions and to the extends of the rates prescribed by the State Government for its employees provided the financial position of the Board permits to do so.

(7)     On election of the revised pay scales the portion of the existing dearness allowance, other than retained as revised dearness allowance shall be merged into pay subject to the condition that rate of such amount of dearness allowance is not more than that the amount of dearness allowance appropriate to the rate of basic pay drawn on or prior to 2nd December, 1963.

Schedule-II

(See Rule 8)

(Schedule containing instructions regarding efficiency bar, initial pay, and for regulating pay of existing employees whose pay is fixed in the Revised Pay Scales with effect from the appointed date).

(1)     Scale--65-1-70-2-90.

A person drawing salary in the existing pay scale and whose pay in the Revised Pay Scale is fixed at Rs. 84/- or less shall have his pay subsequent to reaching the stage of Rs. 84/- refixed at Rs. 90/-(instead of Rs. 86/-).

(2)     Scale-75-3-120-5-130.

(1)     A person whose pay in Revised Pay Scale is fixed at Rs. 84/- or less shall have his pay subsequent to reaching the stage of Rs. 84/-refixed at Rs. 93/- (instead of Rs. 87/-).

(2)     A person whose pay in the existing scale is less than Rs. 76/ shall on fixation at or reaching the stage of Rs. 102/- in the Revised Pay Scale entitled to draw his next increment only on the second anniversary of the normal date of increment.

(3)     Scale-75-3-90-4-110-5- 130-EB-5-160.

(1)     A person whose pay in the Revised Pay Scale is fixed at Rs. 83/-or less shall have his pay subsequent to reaching the stage of Rs. 84/ refixed at Rs. 90/ (instead of Rs. 87/-).

(2)     A person drawing pay in the existing pay scale of Rs. 60-4-80-5-130 or 80-5-125 or 80-5-175 or 75-4-95-5-104 whose pay in the Revised Pay Scale is fixed at Rs. 120/- or less shall have his pay subsequent to reaching the stage of Rs. 120/- refixed at Rs. 130/-(instead of Rs. 125/-).

(3)     A person whole pay in the existing scale is less than Rs. 74/-on fixation at or reaching the stage of Rs. 102/- in the Revised Pay Scale be entitled to draw his next increment only on the second anniversary of the normal date of increment.

(4)     A person whose pay in the existing scales of Rs. 60-4-80-5- 130 or 75-4-95-5-140 is less than Rs. 126/- shall on fixation at or reaching the stage of Rs. 150/- in the Revised Pay SCale be entitled to draw his next increment only on the second anniversary of the normal date of increment.

(4)     Scale-90-4- 102-EB 4-100-5-150.

An employee whose pay in the Revised Pay Scale is fixed at Rs. 120/- or less shall have his pay subsequent to reaching the stage of Rs. 120/- refixed at Rs. 130/- (instead of Rs. 125/-).

(5)     Scale-90-4-110-EB-5-5-155-7-?-170.

(1)     A person whose pay is fixed in the Revised Pay Scale at Rs. 120/- or less shall have his pay subsequent to reaching the stage of Rs. 120/- refixed at Rs. 130/- (instead of Rs. 125/-).

(2)     A person whose pay including special pay if any, in the existing pay scale is less than Rs. 74/- shall on fixation at or reaching the stage of Rs. 102/- in the Revised Pay Scale draw his next increment only on the second anniversary of the normal date of increment.

(3)     A person whose pay including special pay if any in the existing scale is less than Rs. 126/- shall on fixation at or reaching the stage of Rs. 150/- in the Revised Pay Scale draw his next increment only on the second anniversary of the normal date of increment.

(6)     Scale-105-5-200.

(1)     A person drawing pay in existing scales of Rs. 80-5-140 or 60 4-85-5-130 plus special pay of Rs. 10/- 8-5-150 or Rs. 90-5- 175 or Rs. 80-5-175 or 80-5-1 1-8-150 or 80-5-120-8-160 whose pay in Revised Pay Scale is fixed on Rs. 120/- or less shall have his pay subsequent to reaching the stage of Rs. 120/- refixed at Rs. 130/-(instead of at Rs. 125/-).

(2)     A person whose pay in the existing scale is less than Rs. 126/-shall on fixation at or reaching the stage of Rs. 150/- in the Revised Pay Scale draw his next increment only at the second anniversary of the normal date of increment.

(7)     Scale - 105-5-150-8-10-240.

(1)     A person whose pay in the Revised Pay Scale is fixed at Rs. 120/- or less shall have his subsequent to reaching the stage of Rs. 120/- refixed at Rs. 130/- (instead of Rs. 125/-).

(2)     Where the total emoluments of a person in the existing pay scale are Rs. 245/- his pay in the Revised Pay Scale shall be fixed at Rs. 225/-. On fixation at or reaching the stage of Rs. 220/- in the Revised Pay Scale a person shall get a personal pay of Rs. 5/- to be absorbed in future increments.

(8)     Scale - 130-5-155-10-235-250.

(1)     A person whose pay in the existing pay scale is less than Rs. 126/ shall on fixation at or on reaching the stage of Rs. 150/- in the Revised Pay Scale draw his next increment only on the second anniversary of the normal date of increment.

(2)     When the total emoluments of a person in the existing scale are Rs. 250/- or 260/- his pay in the Revised Scale shall be fixed at Rs. 225/ and Rs. 235/- respectively (i.e. resulting in total emoluments of Rs. 246/- and Rs. 255/- respectively). On fixation at these stages or on reaching them in the Revised Pay Scale, a person shall receive a personal pay of Rs. 5/-.

(9)     Scale - 140-5-150-7 ?-180-10-290.

(1)     A person whose pay in the existing scale is less than Rs. 127/-shall on fixation at or on reaching the stage of Rs. 150/- in the Revised Pay Scale draw his next increment only on the second anniversary of the normal date of increment.

(2)     Where total emoluments of a person in the existing pay scale are Rs. 245, 255, 265, 275, 285 or 295 his pay in the Revised Pay Scale shall be fixed at Rs. 220, 230, 242, 250, 260 or 270 respectively (i.e., resulting in total emoluments of Rs. 240, 250, 260, 270, 280 or 290 respectively). On fixation at these stages or on reaching them in the Revised Pay Scales or a person shall received a persona pay of Rs. 5/-.

(10)   Scale-115-5-155-10-255-EB-10-295-12 ?-320-335.

(1)     A person whose pay in the Revised Pay Scales is fixed at Rs. 120/- or less shall have his pay subsequent to reaching a stage of Rs. 120/- refixed at Rs. 130/- (instead of Rs. 125/-).

(2)     A person whose pay including special pay if any, in the existing scale is less than Rs. 126/- shall on fixation at or reaching the stage of Rs. 150/- in the new scale draw his next increment only on the second anniversary of the normal date of increment.

(11)   Scale-140-10-310-12 ?-335.

(1)     A person drawing pay in the scale of Rs. 150-10-250-12 ? 300 (without special pay) whose pay in the Revised Pay Scale is fixed at Rs. 210/- or less shall have his pay subsequent to reaching the stage of Rs. 210/- refixed at Rs. 230/- (instead of Rs. 220/-).

(2)     A person drawing pay in any of the existing scales whose pay in the Revised Pay Scales is fixed at Rs. 300/- or less shall have his pay subsequent to reaching the stage of Rs. 300/- refixed Rs. 322.50 instead of Rs. 310/-.

(12)   These instructions for fixation of pay shall be applicable only when the rate of dearness allowance was equal to Government rates applicable on 31-8-61.

Schedule-III

(See Rule 8)

Schedule of Special pay allowed to be continued with the Revised Pay Scales.

A member of the Service working on the following posts shall be eligible to receive special pay as mentioned against each:-

Note. - The employee who are required to furnish the securities shall get special pay according to the rides framed by the Board for the purpose. It shall not count for the purpose of pay fixation.

Form No. 1

Option

(See Rule 5)

(1)     I..........hereby elect the Revised Pay Scales with effect from the 2nd December, 1963.

(2)     I..........hereby elect to continue my pay in the existing pay scale on my substantive/ officiating post as mentioned below until.-

(a)      [3][the date of my next increment which falls on........

(b)      the date my subsequent increment raising my pay to Rs. ........on ...........

(c)      I vacate or cease to draw the pay in the existing pay scale.

Existing substantive officiating pay scale...........]

Attested

Commissioner/Executive Officer
Date

Form No. 2

Declaration

(See Rule 6)

I, Shri ......... designation.................... do hereby declare and undertake to refund any amount that may be overdrawn as a result of incorrect pay fixation in the Revised Pay Scale.

Attested

Commissioner/Executive Officer,

Municipal Board/Council..........

Form No. 3

Statement of fixation of Pay

(See Rule 7)

 

 

 

Certified that..

(a)      option of the employee for fixation of pay in the Revised Pay Scales have been received and pasted in the service book.

(b)      declaration have been obtained from the employee for the repayment of any overpayment made to him as a result of incorrect fixation of pay of the employee.

(c)      the entries made in this statement are on the basis of the service books of the employee and are correct.

[4][For the use of the Office of the Assistant Examiner, Pre-Audit Range.

Approved

(Name................)

&

Signature:

President, Municipal Council/Chairman, Municipal Board.]

Revised Pay Scales for the various categories of posts of the Rajasthan Municipal (Subordinate and Municipal Service) Rules, 1963-Effective from 2-12-1963 or any subsequent date as resolved by a Municipal Council/Board.

No. Tax. 2(36) L.S.G./58-7011, dated 14-4-1971, Published in Rajasthan Gazette, Part IV-C(I), Extra ordinary, dated 28-4-1971, as amended by Notification dated 17-7-1974.

G.S.R. 16.- In pursuance of Rule 32 of the Rajasthan Municipal (Subordinate and Municipal Service) Rules, 1963, the State Government hereby prescribed the following revised pay scales for the various categories of posts as embodied in the schedule annexed to the said Rules with the following conditions: -

(1)     These revised pay scales shall be applicable with effect from -21-2-1963 or any subsequent date as resolved by a Municipal Council/Board & opted by the number of the service.

(2)     The pay of the members of the service under these revised pay scales shall be fixed in accordance with the rules issued by the Government for the purpose.

(3)     The revised pay scales shall be admissible to only such municipal servants subject to such conditions and restrictions as may be laid down under the rules mentioned in clause (2) above.

(4)     In case of any Municipal Board/Council who makes these revised pay scales applicable, and are opted by the members of the service according to rules prescribed in this respect the pay scales prescribed under this Department Notification No. F. 2(36) LSG/58, dated 29-6-64 and subsequently amended from time to time shall stand superseded from the date these revised pay scales are made applicable and are opted by the member of the service.

(5)     All circulars, orders, etc. issued previous to this Notification pertaining to the revised pay scale shall stand superseded.

Note - (i) The post of Mechanical Superintendent is equated with the post of Mechanic Motor Garage re-designated as Mechanic.

(ii) The post of Senior Draftsman and Junior Draftsman respectively equated with the post of Draftsman and Surveyor.

(iii) The post of Hakim Kamela is equated with the post of Asstt. Sanitary Inspector.

(iv) The post of Mussaddi is equated with the post of Gajdhar and re-designated as Gajdhar.

(v) The Revised Pay Scale for the posts not yet encadered in any of the service rules applicable to Municipal servants, shall be prescribed by the Government separately.