Tamil Nadu Village Servant Service Rules, 1980 Complete Act - Bare Act

CONTENTS

1. Short title, commencement extent and application.

2. Definitions.

3. Method of recruitment.

4. Appointing Authority.

5. Qualifications

6. Temporary Appointments.

7. Appointment in place of members dismissed or removed.

8. General qualification relating to age.

9. Appeals against the orders of Appointment.

10. Revision.

11. Probation.

12. Transfer.

13. Tenure of Office

14. Amount to be paid on retirement.

15. Resignation.

16. Fundamentals rules and the Tamil Nadu Leave-Rules 1933, etc. not to apply.

17. Residence.

18. Rules not to apply to certain persons referred to in sub-rule (1) of rule 5.

No. SRO B-72/81.- In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and of all other powers hereunto enabling and in suppression of the Tamil Nadu Village Officers Service Rule, 1970 and of the Tamil Nadu Village Officers (Appointed under Board's Standing Orders) Service Rules, 1978, the Governor of Tamil Nadu hereby makes the following rules. "

1. Short title, commencement extend and application. " (1) These rules may be called the Tamil Nadu Village Servants Service Rules, 1980.

(2) They shall come into force on the date of their publication in the Tamil Nadu Government Gazette.

(3) They extend to the whole of the State of Tamil Nadu.

(4) They shall apply to all Village Servants:-

(i) appointed on or after the coming into force of these rules;

(ii) appointed under the Madras Proprietory Estates' Village Service Act, 1894 (Madras Act II of 1894) of the Madras Hereditary Village Officers Act, 1895 (Madras Act III of 1895) and who continue to hold office by virtue of sub-section (3) of section 2 of the Tamil Nadu Proprietory Estates' Village Services and the Tamil Nadu Hereditary Village Officers (Repeal) Act. 1968 (Tamil Nadu Act 20 of 1968) or under.

(iii) the Tamil Nadu Village Officers (Appointed under the Board's Standing Orders) Service Rules, 1978; and

(iv) under the Tamil Nadu Village Officers Service Rules, 1970 on the date of coming into force of these rules.

2. Definitions. " (Substituted by G.O. Ms. 1495 Rev., 1.9.1984. SRO B.338/84.) [(a) In these rules, "Village Servant" means any person appointed as talayari vetti or Nirganti.

(b) "Competent authority" means.-

i) in the Madras district, the personal Assistant (General) to the Collector of Madras and

ii) in other districts, the Revenue Divisional officer having jurisdiction over the revenue village within his jurisdiction]

3. Method of recruitment. " Appointment to the posts shall be made by direct recruitment.

4. Appointing Authority. " The appointing authority for the posts shall be the tahsildar or the Deputy Tahsildar in independent charge, within his jurisdiction.

5. Qualification. "

(1) No Person shall be eligible for appointment to the post of a Village Servant unless he possesses the qualification, specified below, namely:-

(i) knowledge to read and write tamil; and

(ii) knows cycling and is physically fit.

(2) The appointing authority shall also take into consideration the following factors, namely;-

(i) whether the applicant is a resident of the charge village;

(ii) Whether the applicant is a person belonging to one of the communities included in the list of Backward Classes recognized by the Government of Tamil Nadu;

(iii) whether the applicant is a person belonging to Schedule Castes/Schedule Tribes; and

(iv) whether the applicant is an ex-serviceman.

(3) In making appointments under these rules, the appointing authority shall take into consideration the character and antecedents of the applicants.

6. Temporary appointments.- Where it is necessary in public interest to fill immediately a vacancy of a Village Servant and there would be undue delay in making such appointment in accordance with these rules, the appointing authority may temporarily appoint a person otherwise than in accordance with these rules. No such temporary appointments shall be continued except for special reasons beyond a period of three months.

7. Appointment in place of members dismissed or removed.- the temporary appointment of a Village Servant in a vacancy arising from dismissal, removal or suspension of the previous incumbent shall terminate automatically on the return of the previous incumbent to duty "

(i) on the revocation of the order of dismissal or removal on appeal or revision by the appropriate authority or by orders of a Court of Law or

(ii) on the revocation or the expiry of the period of suspension.

8. General qualification relating to age "

(1) No person shall be eligible for appointment to the post of a village Servant unless he has completed the age of twenty-one years and has not completed the age of forty years on the date noticed as the last date for the receipt of application;

Provided that in case of candidates belonging to Schedule Castes and Schedule Tribe, the upper age-limit shall be forty-five years.

NOTES

Remand order by Revisional authority directing authorities below to reconsider and for fixing date of birth of Thalayari " failure to carryout directions order quashed 1987 Writ L.R. 389.

9. Appeals against the orders of appointment. " (1) Any Person aggrieved by an order of an appointing shall be entitles to appeal to the Revenue Divisional Officer having jurisdiction within one month from the date of receipt of the order appealed against:

Provided that it shall be open to the appellate authority concerned to entertain an appeal beyond time, if the appellate authority is satisfied that the delay is due to just and sufficient causes.

(2) The Revenue Divisional Officer may, pending exercise of his powers under sub-rule (1), stay the execution of any order which is the subject-matter of appeal under the said rule.

(3) The decision of the Revenue Divisional Officer on an appeal under sub-rule(1) shall, subject to the provisions of rule 10, be final:

Provided that no order rejudicial to any person shall be passed unless such person has been given a reasonable opportunity of making his representation against such order.

10. Revision.- (1) Notwithstanding anything contained in rule 9, the Collector may, of his own motion or on the applicant of the person aggrieved call for and examine the records relating to any order passed by the Revenue Divisional Officer for reasons to be recorded in writing, annual, modify, reverse or remit for reconsideration such order on any of the grounds specified in sub-rule (2) below.

(2) The grounds on which any order shall be annulled, modified, reversed or remitted for reconsideration shall be as follows:-

(i) if the order is incorrect, or is vitiated by illegality or material irregularity or improperity, or obvious error resulting in miscarriage of justice or want of jurisdiction, or

(ii) the authority concerned had failed to exercise the jurisdiction vested in it under the rules or had exceeded such jurisdiction:

Provided that no order prejudicial to any person shall be passed unless such person has been given a reasonable opportunity of making his representation against such order:

(3) An application for revision under this rule shall be made by the person aggrieved within three months from the date of receipt of the order sought to be revised:

Provided that it shall be open to the revisionary authority to entertain a revision petition beyond time on being satisfied that the delay is due to just and sufficient cause.

(4) the revisionary authority may, pending exercise of the powers of revision under this rule, stay the execution or suspend the operation of any order which is the subject-matter of revision under this rule.

11. Probation.- There shall be no probation for persons appointed to the post of a Village Servant.

12. Transfer.- (1) Village Servant may be transferred either on administrative grounds or on request amounting to mutual transfer within the district but such transfer shall be made on valid grounds to be recorded in writing.

(2) Any transfer under sub-rule (1) shall be made by the Revenue Divisional Officer within a taluk and the District Collector within the district.

13. Tenure of Office.- (1) Village Servant on attaining the age of sixty years, shall retire and shall not be retained in service.

Provided that the Government may a Village Servant to retire at any time after he has completed thirty years of service provided that the appointing authority shall give in this behalf a notice in writing to the Village Servant at least three months before the date on which he is required to retire.

(2) Village Servants are permitted to avail themselves of a maximum period of twenty day's casual leave in a year of which not more than three day's casual leave can be availed of at a time. Village Administrative Officers are empowered to grant casual leave to the Village Servant, provided suitable alternative arrangements are made for the performance of the work.

(3) The appointing authority may grant leave without honorarium and other allowances to Village Servants for period not exceeding six months at a time subject to a maximum of five years during the tenure and may appoint a person temporarily under rule 6, in his place during leave vacancy.

(Ins. By G.O. Ms. No. 1495, Rev., dt. 1.9.1984. S.R.O.B.338/84.) [14. Amount to be paid on retirement.- (1) Every person who ceases to hold the post of part-time village servant by reason of sub-rule (i) of rule 13, shall be paid an amount for the total service put in by him as part-time Village Servant and such amount shall be determined in accordance with the provision of sub-rule (2).

(2) The amount referred to in sub-rule (1) shall be calculated at the rate of one-half of the monthly emoluments for every year of total service put in by the person referred to in sub-rule (1).

Explanation.- For the purpose of this rule.-

(a) Where the total services.-

(i) includes a period which is a portion of a year, or

(ii) is a period less than a year the amount payable for the period referred to in sub-clause (i) or (ii) as the case may be, shall be an amount bearing to the amount payable for one year of total service, the same portion as the said period bears to a period of one year of total service;

(b) "monthly emoluments" shall mean.-

(i) Honorarium;

(ii) Panchayat Development Allowance, which were payable to the part-time Village Servant for the whole of the calendar month immediately proceeding the date of his retirement, and

(iii) an amount equal to one-twelfth of the consolidated annual other Travelling Allowance for the year ending with the 31^st March of the year of retirement:

Provided that where the part-time Village Servant was on leave other than casual leave or was absent without authorization, or was under suspension, during the whole or part of the month preceeding his retirement the monthly emoluments shall mean.-

(i) Honorarium; and

(ii) Panchayat Development Allowances, which would have been payable to him for the whole of the said month preceding his retirement but for such leave, absence or suspension; and

(iii) an amount equal to one twelfth of the consolidated annual Travelling Allowance for the year ending with the 31^st March of the year of retirement;

(c) "total service" shall not include any period during which a part-time Village Servant was

(i) on leave other than casual leave, or

(ii) absent without authorization, or

(iii) under suspension.

(3) (a) The competent authority shall, on an application made determine by an order in writing the amount to be paid under sub-rule (1) and such order shall, subject to an appeal under sub-rule (6), be final;

(b) (i) The application referred to in clause (a) shall be made by the person, referred to in sub-rule (1), or in the event of death of such person by his legal heir or heirs, in Form-A. It shall be made in duplicate and sent to the competent authority within sixty days from the of retirement of the person referred to in sub-rule (1):

Provided that the competent authority, may, for just and sufficient cause, condone any delay in this regard.

(ii) On receipt of the application under clause (a) the competent authority shall forward one copy of the application to the Tahsildar concerned and obtain his report regarding the correctness of the particulars furnished in the application. The Tahsildar shall send this report to the competent authority within thirty days from the date of receipt of the application from the competent authority. Where records are not readily available to cerify the correctness of the particulars furnished in the application, the Tahsildar shall make a through search for such records, make necessary enquires in his office or elsewhere and send the report to the competent authority within sixty days from the date of the application from the competent authority.

(4) Determination of amount by competent authority:-

(i) On receipt of the report from the Tahsildar, the competent authority shall determine the amount payable under this rule after taking into account, the total service put in by the part-time Village Servant.-

(ii) the competent authority shall, after arriving at the amount under sub-rule (1), issue a notice in Form-B to the part-time Village Servant or his legal heir/heirs.

(iii) after considering the representation, if any of the part-time Village Servant or his legal heir/heirs, the competent authority shall pass an order determining the amount to be in Form C.

(5) Payment of amount.- Based on the order of the competent authority determining the amount payable under this rule, the Tahsildar concerned shall, cause the amount to be paid within a period of three months.-

(a) in case where there is no appeal, from the date of the order of the competent authority under sub-rule (4);

(b) in case where there is appeal, from thet date of the order of the District Collector under sub-rule (6).

(6) Appeal to District Collector.-

(1) Any person aggrieved by the order of the competent authority, passed under sub-rule (4), determining the amount payable under this Rule, may prefer an appeal to the District Collector concerned enclosing a copy of the order appealed against, within thirty days from the date of receipt of the order of the competent authority.

(ii) On receipt of the appeal under clause (i) the District Collector shall call for a report and connected records from the competent authority and, after giving a reasonable opportunity of being heard to the appellant, pass an order on the appeal.

(7) The order passed by the District Collector under Sub-Rule (6) shall be final".]

(Renumbered by G.O. Ms. No.1495, Rev., dt.1.9.1984) [15. Registration.- (1) A Village Servant may resign the post by submitting his resignation to the appointing authority.

(2) The resignation shall take effect on acceptance thereof by the appointing authority and it shall not thereafter be withdrawn.

16. Fundamentals rules and the Tamil Nadu Leave Rules, 1933, etc., not to apply.- (1) The provision of the Fundamental Rules and the Tamil Nadu Leave Rules, 1978, shall not apply to the Village Servants.

(2) The posts are non-pensionable

17. Residence.- The Village Servant shall reside in the Village under his charge.

18. Rules not to apply to certain persons referred to in sub-rule (1) of rule 5.- Nothing contained in these rules shall adversely affect a person holding the post on the date of coming into force these rules.