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TAMIL NADU ABOLITION OF POSTS OF PART-TIME VILLAGE OFFICERS (PAYMENT OF AMOUNT) RULES, 1983
TAMIL NADU ABOLITION OF POSTS OF PART-TIME VILLAGE OFFICERS (PAYMENT OF AMOUNT) RULES, 1983
No. SRO A-113/83 – In exercise of the powers conferred by sub-section (1) of section 12 of the Tamil Nadu Abolition of Posts of Part-time Village Officers Act, 1981 (Tamil Nadu Act 3 of 1981), the Governor of Tamil Nadu hereby makes the following rules -
CONTENTS
1. Short title and application
2. Definitions.
3. Application to the competent authority for payment of amount.
4. Determination of amount by competent authority.
5. Payment of amount.
6. Appeal to District Collector.
RULES
1. Short title and application – (1) Theses rule may be called the Tamil Nadu Abolition of Posts of part-time Village Officers (Payment of Amount) Rules, 1983.
(2) These rules shall apply to every person who ceased to hold the post of part time Village Officers by reason of section 3 of the Act except those who have been selected for appointment to the post of Village Administrative Officer.
2. Definition – In these rules, unless the context otherwise requires, -
(a) “Act” means the Tamil Nadu Abolition of posts of part-time Village Officers Act, 1981 (Tamil Nadu Act 3 of 1981);
(b) “erstwhile Village Officer” means a person to whom these rules apply;
(c) “Form” means a Form appended to these rules; and
(d) “section” means a section of the Act.
3. Application to the competent authority for payment of amount, - (1) Every application for the amount payable under section 5 shall be made by the erstwhile Village Officer, or in the event of the death of such officer subsequent to 14th November 1980, 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 date of the publication of these rules in the Tamil Nadu Government Gazette.
(Added by G.O.Ms.575, SRO No.A88/85 dt. 12.4.85.) [Provided that the competent authority, may, for just and sufficient cause, condone any delay in this regard.
(2) On receipt of the application under sub-rule (1), 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 his 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 verify the correctness of the particulars furnished in the application, the Tahsildar shall make a through search for such records to make necessary enquires in his office or elsewhere and send the report to the competent authority within sixty days from the date of receipt of the application from the competent authority.
4. Determination of amount by competent authority – (1) On receipt of the report from the Tahsildar, the competent authority shall determine the amount payable under section 5 after taking into account the total service put in by the erstwhile Village Officer. Out of the amount so determined, the amount actually paid to the erstwhile Village Officer towards honorarium for the period commencing on and from the 14th November 1980 and ending with the 15th April 1982 shall be deducted.
(2) The Competent authority shall after arriving at the amount as specified under sub-rule (1), issue a notice in Form B to the erstwhile Village Officer.
(3) After Considering the representation, if any, of the erstwhile Village Officer, the competent authority shall pass an order determining the amount in from C.
(4) In case where the amount liable for deduction under sub-rule (1) exceeds the amount determined under sub-section (2) of section 5, the excess amount shall not be recovered.
5. Payment of amount – Based on the order of the competent authority determining the amount payable under section 5, the Tahsildar concerned shall, within the period specified under sub-section (4) of Section 5, pay the amount to the application by demand draft.
6. Appeal to District Collector – (1) Any person aggrieved by the order of the competent authority passed under rule 4 determining the amount payable under section 5, 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.
(2) On receipt of the appeal under sub-rule (1), 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.
FORM A
[See rule 3(1)]
Application (in duplicate for payment of amount.
1. (a) Name of the applicant and his present /permanent address.
(b) If the applicant is a legal heir, name of the erstwhile part-time village Officer.
2. Designation of the part-time post held previously (Village Headman or Additional Village Headman Karnam or Additional Karnam/Triune Officer) with particulars of name of the village and taluk.
3. Date from which the applicant/erstwhile part-time Village Officer was holding the post.
4. Total Service rendered in the post excluding the period on leave other than Casual Leave or absent without authorisation or under suspension. (Year, month and date to be correctly specified.)
5. Total amount of monthly emoluments (including honorarium, Panchayat Development Allowance and one twelfth of the consolidated annual Travelling Allowance) for the year ending 31st March 1980.
6. Amount of half monthly total emoluments claimed as per the Act.
7. Amount of honorarium received for the period from 14th November 1980 to 15th April 1982.
8. Net amount claimed.
I hereby certify that the particulars furnished above are true to the best of my knowledge. I request that the amount specified in column (8) may be sanctioned and paid to me.
Station:
Date:
Signature of Applicant.
FORM B
[See rule 4 (2)]
NOTICE
Pursuant to section 5 of the Tamil Nadu Abolition of posts of part-time Village Officers Act 1981 (Tamil Nadu Act 3 of 1981). It is proposed to make payment of a sum of Rs. As indicated below to Thiru ………….. erstwhile Village Headman/Karnam/Triune Officer of …….. village.
1. Total service put in by the erstwhile Village Headman/Karnam/Triune Officer (in number of years and portion thereof)
2. Monthly emoluments of the erstwhile Village Headman/Karnam/Triune Officer
Rs. P.
i. Honorarium
ii. Panchayat Development Allowance.
iii. One-twelfth of the consolidated annual Travelling Allowance. --------------
Total
---------------
3. Amount due to the erstwhile Village Headman/Karnam/Triune Officer.
4. Honorarium amount received by the erstwhile Village Headman/Karnam/Triune Officer for the period from 14th November 1980 to 15th April 1982.
5. Net amount payable.
(Rupees (in words)
Please take notice that the application for payment of amount has been posted for hearing on …….(day) at ………..A.M./P.M. before the ………… (Competent authority) You are required to appear before the …….. (Competent authority) on the date, time and place either in person or through your authorised representative, with all documentary evidence in support of your claim. If no appearance is made either by you or your authorised representative on your behalf it will be presumed that you have no representation to make and orders will be passed on the merits of the case
Competent authority.
To
Erstwhile/Village Headman/Karnam/Triune Officer
Address:
(By registered post with acknowledge due)
FORM C
[See rule 4(3)]
Proceedings of the competent authority.
[Under section 5(3) of the Tamil Nadu Abolition of posts of part-time Village Officers Act, 1981]
R.Dis.No. Dated
Present
Designation:
Subject: Village Officers --- District Taluk --- Village -----
Part-time Village Officers – Post abolished by the Tamil Nadu Act 3 of 1981—Payment of amount under section 5(3) of the Act ----
Reference ----
(1) Application, dated from Thiru …….
(2) Letter No.
Tahsildar ………
In his application first cited, Thiru ……. Son of ………. Village Headman/Karnam/Triune Officer ……….. village ……..taluk …… has applied for payment of rupees …….. under section 5 (3) of the Tamil Nadu Abolition of posts of part-time Village Officers Act, 1981. From the report of the Tahsildar …… Second cited, it is seen that he is the person/legal heir to the person who has ceased to hold the post of part-time Village Officers by reason of section 3 of the Act. The erstwhile part-time Village Officer had actually put in years of service excluding the period of leave, other than Casual Leave absence without authorisation and under suspension. Accordingly, the applicant/erstwhile Village Officer is entitled for payment of Rs …. (in words). The applicant/erstwhile Village Officer has actually received Rs …… (in words) towards honorarium for the period from 14th November 1980 to 15th April 1982 (both days inclusive). After deducting the amount actually received by him towards honorarium, he is eligible for payment of Rs. (in words). in the circumstances, under section 5(3) of the Tamil Nadu Abolition of the posts of part time Village Officers Act, 1981.
I hereby sanction Rs. (Rupees) to Thiru erstwhile Village Headman/Karnam/Triune Officer of Village.
The applicant is further informed that if the amount sanctioned is afterwards found to be in excess of that to which he is entitled under the rules, he will be called upon to refund such excess.
2. The expenditure will be debited to the following Head Account.
“253. A. District Administration ---A.D. Other Establishment-I. Non-plan –A.D. Ryotwari Village Services – 26. Other charges –7. Payment of amount under the Tamil Nadu Abolition of posts of part-time Village Officers (Payment of amount) rules, 1983” (DP Code 253 AAB AD 2677).
3. The tahsildar, ………… Taluk, is directed to draw the amount and send it to the applicant by Demand Draft within a month on proper acknowledgment and file the receipt for the payment.
Competent Authority.
To
Thiru
Erstwhile Village Headman/Karnam/Triune Officer.
Address:
Copy to the Tahsildar concerned taluk for claim and payment
Copy to the sub-Treasury Officer concerned
Copy to Bills.
