396
DEMA
PICORD OFFICE
Peference
1111C.O.882/12
ALEY WITHOUT PERMISSION OF THE COPYRIGHT PHOTOGRAPH-NOT TO| PEPRODUCED PHOTOGRAPHIC - |
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| PUBLIC RECORD OFFICE, LONDON:
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terms and conditions of service are regulated by formal written agreements effective only for a defined period of time.
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Salary means the remuneration drawn by a public servant in respect of the ,office or offices held by him inclusive of officiating pay or remuneration in the nature of officiating pay but exclusive of fees and of allowances other than pensionable allowances or allowances which constitute the regular and principal means of official remuneration of the public servants to whom they are paid or allowances expressly granted to public servants to enable them to engage the service of clerks, messengers, or other employees :-
Explanatory notes:-Remuneration in the nature of officiating pay. In certain exceptional cases the officiating salary ordinarily grantable under G.O. 111 to officers acting in an oflice higher than their own or performing the duties of two offices is regarded as unnecessarily liberal where the officer may not be fully qualified to perform with complete adequacy the duties of the higher or the additional office; in such cases it is the practice to grant, with the approval of the Secretary of State, a bonus which is in effect remuneration in the nature of officiating salary. A bonus of this kind will be subject to the levy along with the substantive part of the officer's remuneration.
Pensionable allowances are included in salary because in the cases in which they are granted they represent remuneration in respect of the office or offices held by the officer concerned. The diet allowance payable to the nursing staff of the Department of Medical and Sanitary Services, to which under Section 9 (iii) of the Pension Minute a pension value is attached, is not a pensionable allowance in the sense contemplated by the definition as it is an allowance which if necessary could be paid in kind; nor does the value of quarters "which under the same section is pensionable for this group of employees come within the scope of the intended meaning of pensionable allowance'""" "Allowances which constitute the regular and principal means of remuneration of the public servants to whom they are paid." This phrase is primarily intended to bring minor headmen within the scope of the levy though there may be other not dissimilar cases in which it has been convenient to describe the remuneration of an officer as an allowance.
Allowances expressly granted to public servants to enable them to engage the services of clerks, messengers, or other employees.-Under this provision the allowances for clerical assistance and the messenger allowances drawn by Chief Headmen will be subject to the levy; also the allowance for clerical assistance drawn by the Medical Registrar, Maradana. For the purpose of calculating the amount due under the levy these allowances should be detached from the recipient's salary and regarded as the remuneration of a third party or parties, e.g., if a Chief Headman is in receipt of Rs. 70 per mensem as an allowance for two clerke the appropriate percentage deduction should be determined with reference to the fact that two clerks are paid from the allowance.
Net salary
means the actual amount of salary due to a public servant after the sum, if any, due from him under Ordinance No. 1 of 1898 or Ordinances No. 13 of 1906 has been deducted.
Explanatory note:-The object of defining net salary in these terms is to ensure that the contributions duo from pensionable officers to the Widows' and Orphans' Pension Fund or Scheme are not subject to the levy,
2. (1) Subject to the exceptions and provisions contained in this order a levy will be imposed on the salaries of all public servants with effect from 1st February, 1932, and will continue to be effective unless previously revoked until the 31st January, 1933. This levy will be a percentage of net salary as defined in the preceding paragraph and will be imposed according to the following scale :---
(i) Ten per cent. will be levied on the net salaries of public servants in receipt
of salaries of Rs. 4,800/- per annum and over.
(ii) Seven and a-half per cent. will be levied on the net salaries of public servants in receipt of salaries less than Rs. 4,800 per annum but not less than Rs. 900 per annum.
(iii) Five per cent, will be levied on the net salaries of public servants in receipt of salaries less than Rs. 900 per annum but not less than Rs. 400 per annum. (iv) Two and a-half per cent. will be levied on the net salaries of public servants
in receipt of salaries less than Rs. 450.
(2) Wherever a public servant in one of three lower categories specified in the preceding Sub-Section of this paragraph would receive as a result of the imposition of the appropriate percentage levy a reduced salary exceeding the reduced salary payable to a public servant in the next higher category who occupies the same status under the Minutes on Pensions, such further amount will be levied on the net salary of the former public servant as will ensure that his reduced salary does not exceed the reduced salary of the latter.
Explanatory notes:-The object of Sub-Section (2) of the preceding paragraph is to ensure that an officer in a lower category does not draw more than an officer in a higher category as obviously would happen without such a provision. Category "in these regula- tions refers exclusively to the categories specified in Sub-Section (1) of the paragraph. It
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is not sufficient that an officer in a lower category should not draw more than an officer belonging to the sarue service but in a higher category. His case is to be considered not with reference to the case of n colleague of the same service, but with sole reference to the possibly hypothetical case of an officer drawing the minimum salary of the next higher category and accupying the same status under the Pension Minute. The reference" to the same status under the Pension Minute" is necessary because a non-pensionable officer does not contribute to the Widows' and Orphans' Pension Fund or Scheme and it would not be correct to reduce a non-pensionable officer's salary to the minimum of the pensionable officers in the next higher category. A non-pensionable officer will draw more in reduced salary than a pensionable officer on the same (pensionable) salary, but as without the levy he draws more in substantive salary than does a pensionable officer on the same salary this is only proper. The practical effect of the working of Sub-Section (2) will be as follows:-
(a) The reduced salary of a pensionable officer in category (ii) cannot exceed Rs.4,147.20 per annum.
The reduced salary of a non-pensionable officer in the same category cannot excveil Rs.4,320 per annum.
(6) The reduced salary of a pensionable officer in category (iii) cannot exceed Rs.799.20 per annum.
The reduced salary of a non-pensionable officer in the same category cannot exceed Rs.832.50.
(c) The reduced Salary of a pensionable officer in category (iv) cannot exceed Rs.410.40 per annum.
The reduced salary of a non-pensionable officer in the same category cannot exceed Rs.427.50.
The ranges along which the additional levies operate are really the necessary ranges within which the percentage of a higher entegory is graded down to the percentage of the category next below it; thus a pensionable officer in category (ii) whose reduced salary after a levy of 7 per cent, exceeds Rs. 4,147.20 must forego the excess, thereby contributing an additional percentage which added to the original levy may bring the total levy to something not exceeding 10 per cent.
3. For the purpose of this order the category of a public servant in receipt
of uncommutated half-pay will be determined for so long as he remains on half-pay
by the amount of his half-salary and not by the amount of his full salary.
Explanatory note:-Thus an officer whose substantive salary is Rs. 6,000 per annum will on going on uncommuted half-pay leave pass into category (ii) and will remain in that category for so long as he is in receipt of half-pay.
4. In order to determine for the purposes of this order the category in which
an employee on daily or on hourly pay should be placed the wages due to him for the month of payment should be multipled by twelve.
of
Explanatory notes:-As the earnings of daily or hourly paid employees may be variable from month to month, it is equitable that their category should be determined with reference to their actual earnings in any particular month. If the levy were made on the authorized daily or hourly rate without reference to actual earnings the reduction effected in the case of a workman on a high rate of wages but working short time would be disproportionate to his actual earnings. It is proper that actual and not potential earnings should be the basis of the levy.
5. No levy shall be recovered from the wages of casual labourers whose rate pay is subject to the maxima prescribed in the schedule of Provincial labour rates or is otherwise governed by local market conditions but officers engaging such labour are responsible for fixing the rates of wages at the irreducible minimum consistent with market conditions and with due regard to the reduced rates payable under this order to Government workmen whose employment is not on a casual basis.
Explanatory notes:-Casual labourers are for the purpose of this section non-factory labourers who are not in the regular employment of Government and who are temporarily engaged for particular works and discharged as a matter of course on completion of works. Workmen employed under factory conditions and remunerated at approved scheduled rates are not casual labourers in the sense contemplated by this Section even though they may in present conditions be working short time: the case of workmen on short time is dealt with in Section 6.
6. The levy shall not be recovered in respect of any particular pay period from the wages of workmen employed under factory conditions and remunerated at approved scheduled rates unless during the pay period in question such workmen have been given employment for five-sevenths of the normal working time falling within that period.
Explanatory notes:-This section has been framed with particular reference to the cases of those employees of the Government Factory and the Public Works Department stores who have been placed on short time as a result of the reduction in works services. The earnings of these employees are appreciably below their normal level and it is equitable to take this fact into account to the extent indicated.
7. No levy shall be recovered from the remuneration of additional or substituted employees engaged for purely temporary service, but the normal rate of remuneration
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