Chapter-III
PAY STRUCTURE
3.1 Before commencing its deliberations, the commission called on the Union Home Minister on the 22nd December, 1977 for a general discussion when the Chairman of the Commission, inter alia, observed that though the pay structure as such was not explicitly listed in the terms of reference, some reference to this aspect would necessarily have to be made while dealing with matters relating to the living and working conditions of police personnel. This issue is accordingly dealt with the Commission for evolving some general principles which should govern the determination of pay and emoluments of police personnel, particularly the constabulary, having regard to the importance of the general pay structure for sustaining the morale and efficiency of the police force in their interaction with the public as also the other public services in States.
Desborough Committee
3.2 The Desborough Committee (1919-20) of United Kingdom have admirably summed up some characteristics which distinguish members of the police from other State employees and have observed as follows :—
"(i) A candidate for the police must not only reach certain standards of height and physical development, but must have a constitution, which is sound in every way. The duties the police have to perform are varied and exacting, they are increasingly and will probably increase in variety and complexity, and a man cannot make a good policeman unless his general intelligence, memory and powers of observations are distinctly above the average. His character should be unblemished, he should be humane and courteous and generally he should possess a combination of moral, mental and physical qualities not ordinarily required in other employment. Further when be becomes a Constable, he is entrusted with powers which may gravely affect the liberty of the subject, and he must at all times be ready to act with tact and discretion and on his own initiative and responsibility, in all sorts of contingencies. The burden of individual discretion and responsibility placed upon a Constable is much greater than that of many other public servants of subordinate rank.
(ii) The police also stand in a special relationship to the community. Each Constable on appointment becomes one of the duly constituted guardians of law and order for and on behalf of the citizens as a whole. He undertakes special responsibilities in regard to the prevention and detection of crime, and while he does not relieve the citizen from all responsibility for the protection of his own property and for bringing offenders to justice, he claims to be and is the principal agent in the prevention and detection of crime of all kinds, and generally holds a position of trust which it is important he should be able to maintain. We consider it essential that the sense of obligation to the public should be preserved in the police, and the reason we dwell on those considerations at some length is that they are fundamental to the views we have formed as to the status of the Police and the pay they should receive. A number of Police witnesses have urged that in various ways a constable is subject to social disabilities by reason of his employment. Moreover he must at all times both on and off duty maintain a standard of personal conduct befitting his position, and this does impose upon him certain restrictions which do not exist in ordinary employments and hardly apply in the same degree even in the case of other public servants. He is liable to be called for duty at any time in an emergency, and, in order that he may be available for unexpected calls he may be restricted in his choice of a residence. The special temptations to which a Constable is exposed "are obvious and, as any lapse must be severely dealt with, it is only just that his remuneration should be such as will not add to any temptations, the difficulties and anxieties incidental to an inadequate rate of pay.
(iii) The Policeman is also put to certain special expenses by reason of his employment, for example, he not only requires good and sustaining food but the cost of his house keeping is increased by the irregularity of the hours at which he has to take his meals and the frequent necessity of cooking specially for him and it is generally, and quite correctly, a condition of service that he cannot be concerned directly or indirectly in any trade or business so that he is precluded from supplementing his wages by undertaking employment for profit in his spare time."
We consider that the fundamental position of the Indian Policeman remains the same as described by the Desborough Committee and the basic principles would apply equally well to the present Indian situation.
Second and Third Central Pay Commissions
3.3 The Second Central Pay Commission (1959) which went into the question of the pay structure of the police under the Central Government had fixed the pay scale of a Constable at a level equal to that of 'lower semi-skilled' worker. The Third Central Pay Commission (1973) upgraded the status of the Constabulary by taking them out of Class-IV category and fixed their pay scales at a slightly higher level, without specifically expressing an opinion whether or not a Constable should be rated as a skilled worker. The observations of the Third Pay Commission regarding the Constabulary are reproduced below :—
"From the stand-point of authority and personal responsibility, the police personnel stand apart from the other Government employees. The very nature of police work requires that considerable authority should be vested in even the lowest ranks. The Code of Criminal Procedure, the Police Act and various other special Acts clothe police officers with powers of arrest and search and these powers in certain circumstances can be exercised without a warrant or order of a Magistrate. Wide powers are also given to the police for prevention of crime and maintenance of public peace and tranquility. The personnel of armed police and security forces are subject to certain hazards and dangers which are specially marked during operations along the border and in hostile areas. The standards of discipline required of the police necessarily have to be high. This imposes certain restrictions upon the policemen and empowers superior officers to punish misconduct and offence more quickly and severely than is usual in the case of other civilian employees. There are certain other drawbacks in the life of a policeman. Generally, his social and family life is more disturbed than that of persons in other occupations. Personnel in the CRP are frequently moved to trouble spots at short notice. They, as also men of the BSF, have to remain separated from their families for long periods of time. In the civil police too, personnel are not able to participate fully in the social and other activities of the community due to the peculiar nature of their work. Uncertainty of working hours, liability to work at night and on gazetted holidays, arc all inseparable features of police work. In combination, they result in a degree of social segregation, to which attention has also been drawn by the Royal Commission on the Police (U. K.)
Certain fundamental changes have taken place since Independence in the role and functions of police personnel. The public is now more vigilant about the way in which the police behave and exercise their authority. On occassions ordinary lapses on the part of the police can result in ugly situations leading to riots, lathi-charges and even firing. The tasks of the civil police have become more complex in several ways. In recent years we have witnessed widespread violence, destruction of Government property and use of firearms and explosives on a large-scale against the police in various parts of the country. In the investigation of crime, there has been a significant change since Independence. Besides the increase in the volume of crime, the nature of offences has undergone a qualitative change with industrialisation, urbanisation, increase in economic activity and the proliferation of controls and licences. There is now greater need and scope for the application of scientific techniques in the detection of crime and collection of security.It also calls for a higher degree of intelligence to comprehend the modus operandi of sophisticated criminals, to thwart their designs, or to bring them to book, specially where economic offences are involved."
3.4 Having appreciated the qualitative change in the duties performed by the Constabulary, the Third Pay Commission merely expressed their views that they were "in general agreement with the views which seek to improve the level of remuneration of the Constabulary and other ranks. A reasonably well-paid and contented police force is essential to good order, internal security and stability. We feel that in the changed circumstances the remuneration of police personnel needs to he fixed after altering the internal relativities in their favour."
3.5 Despite these favourable observations, the pay structure ultimately fixed for the Constabulary, did not secure for them a satisfactory relative position vis-a-vis other employees in public services as would be seen in the comparative statement in Appendix II.
3.6 This statement shows the comparison of emoluments (pay and D.A. only) of unskilled, semi-skilled and skilled workers of Public Sector Undertakings, with the emoluments of Constables. The unskilled, semiskilled and skilled workers of the five Public Sector Undertakings, viz, Bharat Heavy Electricals Limited, H.S.L., H.M.T., H.A.L. & H.E.C. get much more than a Delhi Police Constable. A maximum amount of Rs. 522/is drawn by the skilled worker of H.M.T. and H.A.L. The minimum of Rs. 421/is drawn by an unskilled worker of B.H.E.L. against Rs. 328.70 of a Constable.
3.7 Another statement showing the total emoluments per month at the minimum and maximum of the scale in some organisations as in June 1977 is furnished in Appendix III. On perusal it appears that the minimum pay of a peon in Chemical/Engineering Organisations is much more than the minimum pay of a Delhi Constable. Similarly the minimum pay of a driver who happens to be a skilled worker far exceeds the minimum pay of a Police Constable. A driver of the Nationalised Bank draws Rs. 690/per month. Again the clerk in Chemical Organisation draws a minimum salary of Rs. 730/per month. So a police Constable gets much less than a Clerk/Driver and Peon of some organisations. The prevailing minimum wages (Basic and DA) in different industries/sectors is shown in Appendix IV. The highest minimum wage is Rs. 495/in H.M.T. The pay and DA of Delhi Police Constable totals to Rs. 328.70 per month, which is much below the minimum wages prevalent in different industries/sectors, except EIL, Sugar Industries and Central Government employees. The minimum emoluments of employees in certain selected industries/undertakings in the organised sectors January, 1978 are given in Appendix V. The total emoluments of Constables are much less than the minimum emoluments of an employee in Railway Workshop, Bombay, Nationalised Banks, Bombay, Public Sector enterprises at Bangalore, Engineering companies at Calcutta/Faridabad and Textile Mill at Ahmedabad. The maximum amount of Rs 723/is drawn by an employee of Public Sector enterprises at Bangalore.
3.8 It may be relevant in this connection, to refer to the Royal Commission formula for fixing pay of Constables in the U.K. The Royal Commission of the United Kingdom of I960 in its interim report presented to the British Parliament dealt with the fixation of the salary of a Constable elaborately and have evolved the following formula :—
(i) They began with a factor which they called 'A' as their starting point which according to them was the minimum or standard time rate of wages paid to skilled worker in a wide range of indus tries representing several millions of employees.
(ii) To this, a second factor called 'B' which was 45% of factor 'A' was added. This was intended to take into account the hardships and privations which a policeman's work entailed in comparison with the work of skilled industrial worker. This, the Commission thought would fully compensate the constable for his liability to work in shifts, at night during week ends or on holidays without extra payment. It was also intended to take into account the fact that a police constable is not permitted to add to his emoluments by taking up extra professional overtime work which is inseparable from police life.
(iii) The Commission further went on to state that to the total of the two factors 'A' and 'B' they must add another factor representing the value of the constables' work to this community because of the nature of his duties and the responsibilities which he had to shoulder and also the risks in his exposure to danger, his subjection to discipline and the degree of social segregation which is forced upon him. This third factor 'C' was based on a qualitative judgement of the value of the constable's work, his responsibilities, his way of life, his knowledge, his professional skill and his physical and personal traits. This factor they assessed at 25% of the sum total of the first two factors.
The Commission considered that the total of the three factors would be an appropriate overall remuneration for the constable at the end of his incremental scale. But, as the constable received some part of his remuneration in the form of subsidiary benefits such as free housing, free uniforms etc., the overall remuneration should be reduced by the amount paid as his house-rent allowance in order to arrive at the correct figure of his pay. The present arrangement for the review of police pay in the United Kingdom is based on the Royal Commission's Report, 1960 and an agreement reached at the Police Council in 1962. Very broadly it can be said that the former determined the basis and level of pay and established a relativity with other work people; and that the latter produced an agreed formula to govern future adjustments of pay at two-yearly intervals having regard to wage fluctuations in outside industry generally.
The pay structure in the Japanese police system provides for extensive allowances amounting nearly to two thirds of the basic pay of a policeman. These allowances include supplements for dependents, housing, commuting, assignment to supervisory position, overtime and compensation for working at nights and on holidays. The largest item is a bonus amounting to about 40% of the basic pay and paid in three instalments during the year. The average salary of all Japanese policeman-basic pay plus bonus and allowance—is 48% above the average for all industrial workers.
It had been argued earlier before different pay Commissions that the Constable should be rated on par with a skilled worker for purposes of pay fixation. On the genaral question of categorising Government employees as 'semi-skilled', 'skilled', 'highly skilled' and 'supervisory', the first Central Pay Commission of 1946 did not lay down any rigid criteria that could be applied to all personnel. The following extract from their report is relevant in this connection :—
"............The assignment of a particular worker to one category or another must largely be a matter
of opinion based on standards recognised in industry. It seems to us that it will be convenient if each important industrial establishment will constitute a Board, say of three of its officers, to determine the class in which every worker in that establishment is to be based. The classification will of course be reviewed from time to time. In a matter of this kind, no differentiation can be made between the industrial employees of Government and those employed in private industry. The differentiation between the skilled and the highly skilled is again a matter of degree, depending to a certain extent also upon experience and purposeful training. The extent to which a man can be trusted to work by himself or required direction or guidance is also a material ingredient".
The Second Central Pay Commission-1957-59, more or less endorsed the views of the First Pay Commission and did not evolve any separate criteria. The Third Central Pay Commission of 1973 dealt with this question a little more" elaborately. Most of the Heads of Police Organisations had, directly or indirectly, asked for the Constable's pay to be equated to that of 'skilled' industrial worker. The Third Central Pay Commission was concerned with the pay structure of the police personnel under the Central Government and, while evolving their views in this matter, they were conscious of the possible repercussions of the pay scales adopted by the Centre for police personnel on the State Governments. They did not specifically deal with the basic question whether a Constable should be rated as 'skilled' worker, but went on to give their recommendation regarding pay structure having regard to other relevant aspects. Extracts of paragraphs 37 to 46 of Chapter 29 of Vol. II (Part-1) of the Third Central Pay Commission's report are furnished in Appendix VI.
We feel that the present time is appropriate for evolving a considered view whether or not a Constable should be rated as a 'skilled worker'. This issue has not been squarely tackled so far by the Central Pay Commissions. Punjab Police Commission, 1961-62 had said that "the nearest equivalent to the constable is the 'skilled' artisan". The Delhi Police Commission of 1966-68 were of the view that the formula adopted by the Royal Commission of UK was a very reasonable and rational one. The Royal Commission had proceeded on the basis that the starting point for determining the overall pay and emoluments of a constable was the minimum standard time rate of wages paid to a skilled worker supplemented by further compensatory payments relatable to the hardships, privations, risks etc. involved in the Constable's job.
3.13 Notification No. S-32019(7)/75-WC(MW) dated 8-9-1976 issued by the Government of India in the Ministry of Labour defines the 'unskilled', 'semi-skilled', 'skilled' and 'highly skilled' categories of employees for the purpose of fixing the minimum rates of wages, as follows :—
(a) 'Unskilled work, means work which involves simple operation requiring little or no skill or experience on the job ;
(b) 'Semi-skilled work' means work which involves some degree of skill or competence acquired through experience on the job and which is capable of being performed under the supervision or guidance of skilled employees, and includes unskilled supervisory work ;
(c) 'skilled work' means work which involves skill or competence acquired through experience on the job or through training as an apprentice or in a technical or vocational institute and the performance of which calls for initiative and judgement;
(d) 'Highly skilled work' is one which calls for a high degree of perfection and full competence in the performance of certain tasks, acquired through intensive technical or professional training, or practical work-experience for long years and also requires of a worker to assume full responsibility for the judgement or decision involved in the execution of these tasks.
Constable to be rated as skilled worker
3.14 The minimum qualification for recruitment of a Constable in many States is now fixed as matriculation. Recruitmet is followed by a period of intensive training in specialised skills including a course in law which is very important for a police functionary. The duties on which a Constable is even now employed call for considerable initiative and exercise of judgment. In fact, in the revised Police set up we are visualising a role for the Constabulary which will require a lot more initiative and capacity to exercise judgment in dealing with public situations. He will also be required to perform a part of the investigational duties that devolve at the police station level. In many situations he has to function by himself, exercising his judgment of the situation and acting according to its needs under the law. A thorough knowledge of law is now required on the part of every constable and will be required in greater measure for satisfactory performance of his duties. All these requirements of the role and duties of a Constable clearly make out a case for rating him as an operative somewhere between a highly skilled worker and skilled worker, having regard to the definition mentioned in the Labour Ministry's notification of September, 1976.
3.15 We feel that full justice has not been done in the past to policemen in regard to his pay structure vis-avis other services. Despite the relatively low status accorded to him in public services, the policeman has time and again shown commendable loyalty to the call of duty and has always been principally instrumental in maintaining public order even in the most trying situations. In times of crisis brought about by strikes in important and vital sectors of Government as well as Public Undertakings like Railways, civilian employees in Central Government, etc., it is the police that stand by the side of law and maintain order despite severe handicaps and restraints. We strongly feel that the case of the policeman for a rational pay structure should not be deferred any longer but should be resolved in fair and just manner to sustain police morale which is most important in the context of growing developments in the country. The base of all progress in a country is peaceful existance of law and order and no country can afford to ignore the needs of the machinery and personnel responsible for the maintenance of law and order except at considerable peril to orderly progress.
3.16 We are aware that some authorities are inclined to draw a comparison between Army and Police personnel while considering questions of pay and other emoluments. While this comparison may be valid to some extent in regard to Army and Para-Military Forces like Border Security Force, Central Reserve Police Force and Indo-Tibetan Border Police which work in close proximity to Armed Forces in the same field of operation, we consider that there is no rational basis for such comparison between Army and the regular Police. The two services work in entirely different milieu and the styles of their functioning are quite different. Police personnel function openly very much in public view and constantly vulnerable to criticism. Whenever they act in any situation they do so with full awareness that the legal propriety and administrative correctness of every step that they take will be subject to subsequent check and scrutiny by courts and other relevant agencies. This circumstance places a far greater restraint on police action than can be said to be the case in regard to the Defence forces. Unlike Defence forces, Police personnel have always to be on duty-in fact on a twenty four hour call every day of every week during war or peace. The normal working hours of a policeman are about 13 hours a day, day in and day out. Problems of internal security get new dimensions during war time and to that extent impose additional responsibilities on the police during that period. On a careful consideration of the various factors which attend the working of the two services, we feel that there is no rational basis for comparing one with the other. The requirements of each have to be dealt with on its own merits without any comparison as such.
3.17 As for the Armed Police, the Third Pay Commission while fixing the pay of an armed police Constable had observed that—
"in arriving at these conclusions, we have kept in mind the desirability of giving a slight edge to the infantry soldier over the constable in the armed police force after taking into account the various allowances and benefits admissible to the soldiers and the personnel in the armed police and security forces. We feel that this consideration would remain valid in future also unless there is any alteration in the role assigned to any force or in the recruitment and qualifications".
We have carefully examined the qualitative change in the role performed by the armed police in the recent years. Public order situations have increasingly drawn armed police battalions to be on duty on the roads, streets and lanes alongside the civilian police for interacting with the public and maintaining order. In the pre-Independence days, the armed police could afford to take a ruthless view of any situation and maintain order more by the use of force than by persuasion, argument and appeal. Armed police battalions in the present times have to be as much skilled as the civilian police in dealing with public in a manner which will not exacerbate or ruffle their temper or feelings on any issue. Armed policemen are put through several courses of intensified training both at the time of recruitment and later while in service to acquire the necessary skills for crowd control work. Association of armed policemen with civilian police in the present times is not so much for providing arms to the civil police but for providing greater number of police personnel, trained and equipped equally well to deal with civilian public on civilian terms. We are also separately examining a revised scheme for promotion which would facilitate internal movement from the armed police to the civilian police for their promotional career, particularly at the level of constabulary. We, therefore, feel that the basis for the observations of the Third Pay Commission regarding armed police Constable has substantially changed now. There are no longer any ground to hold that the armed police Constable should be rated lower than the civil police Constable. We feel that an armed police Constable as well as a civil police Constable should be rated at the same level with regard to their qualifications for recruitment, professional training and subsequent assessment for further promotion. Having regard to considerations analysed earlier, we recommend that the police Constable, both on the civil side as also the armed side, should be rated as 'skilled worker' for determining his pay structure vis-avis other public services in the States.
Compensation for the additional demands of duty on the policemen
3.18 Having expressed our views on the question of equation between the constable and the skilled worker regarding determination of pay, we would now like to deal with the following aspects of the constable's work which stand out prominently when compared with other services and would, therefore, entitle him for some compensation for the handicaps and privations suffered by him on account of these distinctive factors:—
(i) An obligation to work even on Sundays which is normally a day off for all workers;
(ii) An obligation to work on all other gazetted holidays also which are notified as public holidays and are usually occasions for enjoyment and rest by the community at large. Such occasions invariably call for additional deployment of policemen for law and order duties for containing the exuberance of the holidaying public;
(iii) Inability to avail the normal entitlement of leave every year, being called on to remain on duty to meet the ever increasing demands of manpower for incessant law and order duties;
(iv) Long and arduous hours of work on every day of duty, very much in excess of the normal eight hours;
(v) Physical hazards and risks involved in the performance of his duties, the enormous degree of mental stress and strain under which he functions, the nature of responsibility that devolves on his job and the manner in which he deals with the public in any given situation, the constant exposure to criticism and a very strict evaluation of his performance by the public, and the consequent social degradation which his family suffers in the estimate of people in the neighbourhood etc.
3.19 The obligation to work even on Sundays should be compensated by having a strict system of giving one day off in a week by rotation among the constabulary in any working unit. This system is in vogue in some States like Tamil Nadu, Kerala etc. The idea underlying this system is to ensure a day of compulsory rest for every constable once a week. On extraordinary occasions when this is denied to him during one week, this should be given to him in the succeeding week, in addition to that week's rest day. In any case, denial of this off day and compensating him by paying him extra allowance for that day is to be strictly discouraged.
3.20 The obligation to work on other gazetted holidays and inability to avail normal entitlement of leave every year should be compensated by entitling a Constable to 15 days additional leave every year besides what he is normally entitled to in common with other Government servants, and further enabling him to encash the entire leave (including this additional leave) if he is denied Leave in 'public interest'.
Overtime Allowance
3.21 We have carefully examined the question of compensating the policemen for their long and arduous hours of work. The system of overtime allowance provides this compensation to employees in the industrial sector-and the civilian staff under the Central Government who come under a prescribed definition of office staff. A policeman has every right to be considered for similar compensatory payment for the enormous load of overtime work he bears in the normal course of discharge of his duties. We feel it would be grossly unfair to him to hold that under the law he is on a 24 hour call of duty and therefore the matter ends there. It would be invidious to deny him the concept of overtime allowance, while large sections of his brother employees under the government are allowed this facility. We are, however, aware of the practical difficulties that are likely to crop up in working out the overtime allowance system for the police personnel on the same lines as now implemented for the civilian staff. Prior authorisation of overtime work by individual policemen on a day to day basis may not always be practicable because the extent of overtime work is often determined by the developing needs of a growing situation, particularly in the enforcement of public order, as also during investigations of serious crimes which require prolonged pursuit of clues without any let up. We are also aware of the scope for malpractices in the system of maintaining registers and computing overtime allowance on the basis of actual hours of performance of an individual's work from day-to-day. We are anxious that, as a law enforcement agency, police should be particularly guarded against such malpractices creeping into their system. We, therefore, feel that a different methodology has to be adopted for making this overtime payment to police personnel.Rates of overtime allowance to Central Government employees in different pay scales are specified in Government of India, Ministry of Finance, Department of Expenditure O.M. No. 15011/2/E.II(B)/76 dated llth August, 1976. The normal ceiling for the total overtime allowance payable to a Central Government Servant in terms of these orders is one-third of his monthly emoluments, including all allowances like D.A., winter allowance, hill station compensatory allowance, etc., but excluding house rent allowance. Overtime allowance is not payable for work done on Sundays and other gazetted holidays which should be compensated by the grant of compensatory leave on some other days.
A job analysis conducted by the National Productivity Council has shown that working hours of the subordinate police officers i.e. from Inspector of Police downwards, range from 10 to 16 hours every day of seven days in a week. A recent computerised survey conducted by the Tamil Nadu Police has shown that an average Constable works for about 14 hours every day without any respite. For computing the quantum of reasonable overtime allowance, we may adopt the figure of 13 hours as the normal working time put in every day by average subordinate police officer employed on public order or crime investigational duties. On this reckoning a subordinate police officer is entitled on the analogy of the orders mentioned in para 22 above to be paid overtime for 4 hours every day, deducting the first hour in excess of 8 hours, for which no payment is due. Deducting 4 Sundays and 2 gazetted holidays (on an average) every month, he is entitled to be paid at this rate for 24 days. If we take the Delhi Police as a sample unit, the pay scale of a Constable is Rs. 210-4-250-5-270. His average pay may be taken as Rs. 240, taking into account the fact that most of the Constables are likely to be at different stages in the pay scale. The pay scale of a Head Constable is Rs. 260-6-326-8-350 and his average pay may therefore be taken as Rs. 305. The following table shows the total emoluments, rate of overtime allowance, the total amount payable on that account and the ceiling for payment of overtime allowance in respect of Delhi Policemen.
Rank
Basic/average pay
.
Total emoluments including DA, ADA &CCA.
Rate of overtime allowance admissible per hour
Total OTA payable in a month (Col. 4 multiplied by 4X24)
Ceiling for payment of OTA (one-third of emoluments).
1
1
3
4
5
6
Constable Rs. 210 Constable Rs. 240 Head constable Rs. 260 Head constable Rs. 305
Rs. 343.35 Rs. 392.40 Rs. 424.40 Rs. 491.30
Rs. 1.55 Rs. 1.80 Rs. 1.80 Rs. 2.35
Rs. 148.80 Rs. 172.80 Rs. 172.80 Rs. 225.60
Rs. 114.45 Rs. 130.80 Rs. 141.47 Rs. 163.77
It may be seen from the above table that if the calculations presently admissible to the civilian staff are adopted for the Constabulary—as they should rightly be—each of them would be drawing one-third of his emoluments (including D.A. and CCA) as overtime allowance every month. For the reasons already mentioned, we feel that payment of overtime allowance for Policemen need not be individually determined on the basis of registers and computation of hours of work put in day after day, but may straightway be fixed as 30% of his total emoluments, including DA and CCA. This additional payment, which may be designated as "Overtime Pay", may be stipulated as payable to all police personnel from the rank of Constable upto and inclusive of the rank of Inspector working in police units which deal with public order situations and crime investigations. Having regard to the nature of duties and responsibilities of the different branches of the Police, the State Government may notify from time to time the police branches to which the above system of overtime pay will be admissible. Apart from such notified branches, individual posts in other branches may also be notified for this purpose if the duties attached to the post would entail appreciable overtime work by the subordinate police personnel holding that post. It may further be clarified that the 'overtime pay' as specified above would be in the nature of an allowance only and would not count for pension or other similar matters which are linked with regular pay.
As regards the physical hazards and risks involved in the performance of duties and the other disabilities from which the Constable and his family suffer because of his official situation, we feel that the compensatory arrangement should be through adequate provision of housing, insurance, extra family pension. and similar welfare measures. Our detailed recommendations in this regard are being made separately.
3.25 We further recommend that the facility for encashment of un-availed leave during a year should be extended to the Constabulary in States where the arrangement is not in force now. We notice that in most States the facility for encashment of leave on the date of retirement on superannuation already exists for all police personnel in common with the other Government servants subject to a maximum of 180 days. We would recommend that the maximum be increased to 180 days in all States and that this facility be also made available in cases of retirement on any ground, earlier than the date of superannuation.
3.26 We notice that the conveyance allowance and washing allowance paid to the Constabulary are very low and unrealistic in some States. We would recommend that each of these allowances to the Constabulary be raised to Rs. 10 per month.
Special Qualification pay
3.27 The Constabulary should also be provided with financial incentives for acquiring special qualifications as they progress in service which could be useful for bettering their professional performance. For example, knowledge of driving a motor vehicle and motor mechanism is a distinct advantage for a policeman and would help him to perform his duties more efficiently in certain situations. Even now there is a system of paying some additional allowance to policemen who are employed as drivers and cleaners in two motor vehicles branch but we find that the allowances paid are very low and disproportionate to the importance of the professional skill acquired by the policemen. Civilian drivers get paid handsomely when employed on any public duty like Election Bandobust, Festival Bandobust etc., but police personnel employed on similar duties get much less pay and allowances. We, therefore, recommend that a special qualification pay should be paid to policemen who acquire the following skills or technical/academic knowledge :—
I (i) proficiency in driving and motor mechanism;
(ii) Proficiency in handling wireless equipment for transmitting and receiving messages ;
(iii) proficiency in handling computers and electronic data processing machinery;
(iv) acquiring a University degree higher than what he had already secured at the time of entering service in a subject which would be of professional use to him. For example, criminology, forensic sciences etc.The quantum of special pay payable to each of these categories may be determined realistically, having regard to the pay and emoluments drawn by similarly qualified personnel working in other services or the Private Sector in the States.