Archive for January 2011

Unearned Leave on Medical Certificate – Availing of Unearned Leave on Medical Certificate by Government servants on transfer – Procedures to be followed – Orders – Issued.

GOVERNMENT OF TAMIL NADU
ABSTRACT
Leave – Unearned Leave on Medical Certificate – Availing of Unearned Leave on Medical Certificate by Government servants on transfer – Procedures to be followed – Orders – Issued.

 PERSONNEL AND ADMINISTRATIVE REFORMS (FR.III) DEPARTMENT.
 G.O.Ms.No.267                                                                                                                                                                Dated 3.11.1998.
Read:

  1. G.O.Ms.No.41, Personnel and Administrative Reforms (FR.II) Department, dated 5.4.1980.
  2. Orders of Tamil Nadu Administrative Tribunal in O.A.No.489/92, dated 26.11.1992.
  3. From the Director of Medical Education, Chennai-5, Letter No.12399/H & D.1/94, dt.10.4.95.
  4. From the Principal Commissioner and Commissioner for Land Administration, Chennai-5, Letter No.A2/42643/94, dt.18.5.95.
  5. From the Director of Medical and Rural Health Services, Chennai-6, D.O.Letter No.74560/IC1/3/97, dt.4.12.97.
 ORDER:

According to rule 9A(i)(c) in Annexure II, Part I in Section III under Fundamental Rule 74, when a Government Servant applies for Unearned Leave on Medical Certificate after orders transferring him to another post, place etc. are issued to him, the recommendation of Medical Committee should be compulsorily obtained before sanction of leave irrespective of the period of leave applied for.  In sub-rule (v) under the above said rule it is laid down that in the case of inpatients in Government Hospitals admitted for treatment, the reference to medical committee is not necessary.  However the superintendent of the hospital concerned should issue required certificate to that effect. 
2.While passing orders in the O.A.No.489/92, dt.26.11.92, the Tamil Nadu Administrative Tribunal, has made the following observations:- 
”This case highlights the need for examination of the entire procedure for grant of leave on Medical grounds.  The certification by a Medical Attendant does not appear to really serve the purpose of exercising a check on the genuineness or otherwise of the illness and whether the illness is such that the person cannot attend to duty.  Prima facie when such illness arises immediately following the transfer and the individual has been attending to his duty till then, there is considerable room for doubting the bonafides of the illness and its certification considering the facility with which medical certification is obtained, the distinction between the earned leave and medical leave may as well be dispensed with and the period of Medical Leave permitted under the rules may be managed with Earned Leave, as that would avoid what in effect is the formality of Medical Certificate.  An alternative is to prescribe that leave on Medical grounds would be available only for hospitalization, beyond the composite leave entitlement merging to an extent the present eligibility for Medical Leave with Earned Leave.  It is for the Government to consider suitable safeguards to avoid misuse of provisions relating to sanction of leave on Medical grounds and also issue suitable instructions regarding the procedure and action to be taken in such cases where leave sought for is prima facie not proper.” 
3. The observations in para 2 above, have been examined in detail in consultation with the Director of Medical Education, Director of Medical and Rural Health Services and the Principal Commissioner and Commissioner of Land Administration.  After careful consideration, the Government direct that the following procedure be followed when a Government servant apply for Unearned Leave on Medical Certificate,  after issue of orders of transfer. 
(i)                 The Government servants applying for Unearned Leave on Medical Certificate after issue of transfer order should be referred to Medical Committee immediately irrespective of the period of leave applied for.
(ii)               The Medical Committee should fix up the earliest possible date to have the Government servant medically examined based on the Medical Certificate furnished by him.
(iii)             The Medical Committee should recommend whether the Unearned Leave on Medical Certificate applied for by the Government servant may be sanctioned to him or not. It should also specify the date on which he should rejoin duty if it recommends for the grant of leave on Medical Certificate.
(iv)              The Unearned Leave on Medical Certificate should be granted immediately to the Government servant for the period recommended by the Medical Committee and the former should be directed to rejoin duty as per the fitness certificate given by the Medical Committee at the place of transfer if it is still vacant or at the place posted subsequently.
(v)                If the Medical Committee has not recommended for the grant of Unearned Leave on Medical Certificate, then the Government servant should be directed to report for duty at the place of his transfer and after joining in the new post, period of absence should be regulated as leave to which he is eligible other than Unearned Leave on Medical Certificate.
(vi)              If the Government servant does not resume for duty even after specific direction to rejoin duty based on the recommendation of the Medical Committee than necessary disciplinary action should be initiated against him without any loss of time by following the procedure laid down under Tamil Nadu Civil Services (Disciplinary and Appeal) Rules.
(vii)            If the Government servant is admitted in the Government Hospital as inpatient for taking treatment, then the matter has to be informed to the authority concerned and he should furnish the particulars regarding date of admission and date of discharge from the Superintendent of the Hospital concerned when he rejoins duty.  In that case the period from the date of admission to the date of discharge should be regulated as Unearned Leave on Medical Certificate after he had rejoined duty in the new place as per the orders issued by the competent authority.
(viii)          If the Government servant is admitted in a Private Hospital, then he has to be referred to the Medical Committee and the leave has to be sanctioned based on the recommendation of Committee only. 
4. All Heads of Departments are requested to bring the above orders to the notice of the subordinates under their administrative control for future compliance.  The Heads of the Medical departments are requested to communicate a copy of this order to all Medical Officers under their administrative control for following the orders scrupulously in future.
 (BY ORDER OF THE GOVERNOR)
 D.PRAKASH
SECRETARY TO GOVERNMENT.
To
All Secretaries to Government, Madras-9.
All Departments  of Secretariat(OP), Chennai-9.
All Heads of Departments including District Collectors / District Collectors / District Judges.
The Principal Commissioner and Commissioner of Land Administration, Chennai-5.
The Director of Medical Education, Chennai-5.
The Director of Medical and Rural Health Services, Chennai-6.
The Registrar, High Court, Madras-104.
The Registrar, Tamil Nadu Administrative Tribunal, Chennai-104.
The Secretary, Tamil Nadu Public Service Commission, Madras-2.
The Accountant-General.(Audit-I), Madras-35.
The Accountant-General(A&E), Madras-18
The Accountant General(CAS), Madras-9.
The Pay and Accounts Officer(North), Madras-79.
The Pay and Accounts Officer(South), Madras-35.
The Pay and Accounts Officer(East), Madras-5.
The Senior Standing Counsel, Tamilnadu Administrative Tribunal, Chennai-6.
Copy to:
Chief Minister’s Office, chennai-9.
The Health and Family Welfare (Z1) Department, Chennai-9.
All Sections in Personnel and Administrative Reforms Department, Chennai-9.
All Officers in Personnel and Administrative Reforms Department, Chennai-9.

Special Casual Leave – Eligibility to Office bearers of Recognised Service Association – Guidelines – Fixed.

GOVERNMENT OF TAMIL NADU
  ABSTRACT
Service Associations – Special Casual Leave – Eligibility to Office bearers of Recognised Service Association – Guidelines – Fixed.

            PERSONNEL AND ADMINISTRATIVE REFORMS(PER.K) DEPARTMENT
   G.O.Ms.No.1294                                                                                                                                                                   Dated: 27.10.77.
ORDER:
  The Government have been sanctioning from time to time Special casual leave to Office-bearers of recognised Service Associations to enable them to attend to organizational affairs of the Associations.  More and more Associations have been approaching the Government for sanction of Special Casual Leave to their Office bearers, for more number of Office-bearers and also for larger number of days. At present, there are no norms for regulating the grant of Special Casual Leave to Office-bearers of recognized Service Associations.  The Government, therefore, examined the matter in detail after ascertaining the position in respect of norms prescribed, the number of days of special casual leave granted for such purpose for them, and the number of Office-bearers given such privilege, obtaining in other States in the Southern Region and also in the Government of India.  The Government have now decided to formulate a procedure for the grant of special casual leave to office-bearers of the recognised Service Associations specifying the number of days of special casual leave and the number of office-bearers eligible for such leave.  They accordingly prescribe the following guidelines for fixing the eligibility of office-bearers of recognised Service Associations for grant of special casual leave to enable them to attend to the organizational affairs of the Association.
(i)                 Recognised Service Associations with an effective membership of 10,000 and above, with an annual turn over of the order of  Rs.10,000/- and above, having branches throughout the State and whose Office-bearers had undertaken tour of not less than 15 days in the preceding year in connection with the affairs of the associations, will be treated as major associations.  The Office bearers of such associations will be eligible for grant of 15 days special casual leave in a calendar year. (The annual turnover of Rs.10,000/- and above has been taken as criterion for submission of statements of accounts of Service Associations duly audited by Registered Auditors).
(ii)               Associations with an effective membership of 3,000 and above, having a minimum number of six branches in the districts and  whose Office-bearers had undertaken tour of not less than seven days in the preceding year in connection with the affairs of the associations, will be treated as smaller associations, irrespective of their annual turn over.  The Office bearers of  such days’ special causal leave in a calendar year.
(iii)             Office bearers of all other associations, irrespective of the number Of members and their annual turn over, will not be eligible for any Special casual leave.
(iv)              The quantum of special casual leave mentioned in items No.(i) and (ii) above may be granted to a maximum of five office  bearers of each eligible association, as may be chosen by it.
  2. The Government direct that the guidelines prescribed in the preceding para be applicable not only for fixing eligibility of special casual leave to the Office bearers of recognised Service Associations in future but also to regulate the eligibility of special casual leave to office-bearers of recognised Service Associations in whose case the quantum of special causal leave has already been fixed.
3. The norms should be adhered to strictly while sanctioning special casual leave to office bearers of recognized Service Association in future.
(BY ORDER OF THE GOVERNOR)
                                                            C.V.R. PANIKAR,     
                                    
SECOND SECRETARY TO GOVERNMENT.
To
Xxx       xxxxx             xxxx
  /True copy/ Forwarded/By order/
                                                                           
                                                                  SECTION OFFICER.

Slaughter House Rules

· Posted in


NOTIFICATION
New Delhi, the 26th March, 2001
S.O.270(E) - Whereas the draft Prevention of Cruelty to Animals (Slaughter House) Rules, 2000 were published, as required by sub-section (1) of section 38 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), under the notification of the Government of India in the Ministry of Social Justice and Empowerment number S.O. 1165 (E) dated the 26th December, 2000 in the Gazette of India, Extraordinary, Part II, Section 3, Sub Section (ii) dated the 27th December, 2000 inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of the period of sixty days from the date on which copies of the Gazette containing the said notification are made available to the public.
And, whereas copies of the said Gazette were made sufficient for livestock subject to veterinary inspection available to the public on the 1st January 2001.
And, whereas no objection or suggestion has been received from the public in respect of the said draft rules by the Central Government.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (2) of section 38 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), the Central Government hereby makes the following rules, namely :
1. Short title and commencement: (1) These rules may be called the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001
(2) They shall come into force on the date of their publication in the Official Gazette
2. Definitions - In these rules unless the context otherwise requires -
a) "Act" means the Prevention of Cruelty to Animals Act, 1960 (59 of 1960);
b) "Slaughter" means the killing or destruction of any animal for the purpose of food and includes all the processes and operations performed on all such animals in order to prepare it for being slaughtered.
c) "Slaughter house" means a slaughter house wherein 10 or more than 10 animals are slaughtered per day and is duly licensed or recognised under a Central, State or Provincial Act or any rules or regulations made thereunder.
d) "veterinary doctor' means a person registered with the Veterinary Council of India established under the Indian Veterinary Council Act, 1984 (52 of 1984).
3. Animals not to be slaughtered except in recognised or licensed houses - (1) No person shall slaughter any animal within a municipal area except in a slaughter house recognised or licensed by the concerned authority empowered under the law for the time being in force to do so.
(2) No animal which -
(i) is pregnant, or
(ii) has an offspring less than three months old, or
(iii)is under the age of three months or
(iv) has not been certified by a veterinary doctor that it is in a fit condition to be slaughtered.
(3) The municipal or other local authority specified by the Central Government for this purpose shall, having regard to the capacity of the slaughter house and the requirement of the local population of the area in which a slaughter house is situated, determine the maximum number of animals that may be slaughtered in a day.
  1. Reception area or resting grounds - (1) The slaughter house shall have a reception area of adequate size sufficient for livestock subject to veterinary inspection.
(2) The veterinary doctor shall examine thoroughly not more than 12 animals in an hour and not more than 96 animals in a day.
(3) The veterinary doctor after examining the animal shall issue a fitness certificate in the form specified by the Central Government for this purpose.
(4) The reception area of slaughter house shall have proper ramps for direct unloading of animals from vehicles or railway wagons and the said reception area shall have adequate facility sufficient for feeding and watering of animals.
(5) Separate isolation pens shall be provided in slaughter house with watering and feeding arrangements for animals suspected to be suffering from contagious and infectious diseases, and fractious animals, in order to segregate them from the remaining animals.
(6) Adequate holding area shall be provided in slaughter house according to the class of animals to be slaughtered and the said holding area shall have water and feeding facilities.
(7) The resting grounds in slaughter house shall have overhead protective shelters.
(8) Ante-mortem and pen area in slaughter house shall be paved with impervious material such as concrete non-slippery herring-bone type suitable to stand wear and tear by hooves, or brick, and pitched to suitable drainage facilities and the curbs of said impervious material 150 to 300 mm high shall be provided around the borders of livestock pen area, except at the entrances and such pen shall preferably be covered.
5. Lairages - (1) Every animal after it has been subjected to veterinary inspection shall be passed on to a lairage for resting for 24 hours before slaughter.
(2) The lairage of the slaughter house shall be adequate in size sufficient for the number of animals to be [aired;
(3) The space provided in the pens of such lairage shall be not less than 2.8 sq.mt. per large animal and 1.6 sq.mt. per small animal
(4) The animals shall be kept in such lairage separately depending upon their type and class and such lairage shall be so constructed as to protect the animals from heat, cold and rain
(5) The lairage shall have adequate facilities for watering and post-mortem inspection.
6. Slaughter - (1) No animal shall be slaughtered in a slaughter house in sight of other animals
(2) No animal shall be administered any chemical, drug or hormone before slaughter except drug for its treatment for any specific disease or ailment.
(3) The slaughter halls in a slaughter house shall provide separate sections of adequate dimensions sufficient for slaughter of individual animals to ensure that the animal to be slaughtered is not within the sight of other animals.
(4) Every slaughter house as soon as possible shall provide a separate space for stunning of animals prior to slaughter, bleeding and dressing of the carcasses
(5) Knocking section in slaughter house may be so planned as to suit the animal and particularly the ritual slaughter; if any and such knocking section and dry landing area associated with it shall be so built that escape from this section can be easily carried out by an operator without allowing the animal to pass the escape barrier.
(6) A curbed-in bleeding area of adequate size as specified by the Central Government shall be provided in a slaughter house and it shall be so located that the blood could not be splashed on other animals being slaughtered or on the carcass being skinned.
(7) The blood drain and collection in a slaughter house shall be immediate and proper
(8) A floor wash point shall be provided in a slaughter house for intermittent cleaning and a hand-wash basin and knife sterilizer shall also be provided for the sticker to sterilize knife and wash his hands periodically.
(9) Dressing of carcasses in a slaughter house shall not be done on floor and adequate means and tools for dehiding or belting of the animals shall be provided in a slaughter house with means for immediate disposal of hides or skins;
(10) Hides or skins shall be immediately transported from a slaughter house either in a closed wheelbarrow or by a chute provided with self-closing door and in no case such hides or skins shall be spread on slaughter floor for inspection
(11) Floor wash point and adequate number of hand wash basins with sterlizer shall be provided in a dressing area of a slaughter house with means for immediate disposal of legs, horns, hooves and other parts of animals through spring load floor chutes or sidewall doors or closed wheelbarrows and in case wheelbarrows or trucks are used in a slaughter house, care shall be taken that no point wheelbarrow or truck has to ply under the dressing rails and a clear passage is provided for movement of the trucks.
12. Adequate space and suitable and properly located facilities shall be provided sufficient for inspection of the viscera of the various types of animals slaughtered in a slaughter house and it shall have adequate facilities for hand washing, tool sterilisation and floor washing and contrivances for immediate separation and disposal of condemned material.
13. Adequate arrangements shall be made in a slaughter house by its owner for identification, inspection and correlation of carcass, viscera and head.
14. In a slaughter house, a curbed and separately drained area or an area of sufficient size, sloped 33 mm per metre to a floor drain, where the carcasses may be washed with a jet of water, shall be provided by the owner of such slaughter house.
7. Slaughter house building - The different construction of a slaughter house shall be built and maintained by its owner in the manner as specified below, namely :
a) Plant Building - (i) Materials used shall be impervious, easily cleansable, and resistant to wear and corrosion. (ii) Materials such as wood, plaster board, and porous acoustic-type boards, which are absorbent and difficult to keep clean shall not be used.
b) Floors - The floors shall be non-absorbent and nonslippery with rough finish and shall have suitable gradient for drainage.
c) Coves - Coves with radii sufficient to promote sanitation shall be installed at the juncture of floors and wall, in all rooms and which shall not be less than 100 mm
(d) Interior Walls - (i) interior walls shall be smooth and flat and constructed of impervious materials such a glazed brick, glazed tile, smooth surface Portland cement plaster, or other non-toxic, non-absorber material applied to a suitable base. (ii) Walls shall b provided with suitable sanitary type bumpers to prevent damage by hand trucks, carcass shunks, and the like. (iii) The interior walls shall have washable surface up to the height of 2 meters from the floor so that the splashes may be washed and disinfected.
(e) Ceilings - (i) Ceilings shall be of the height of 5 mts or more in workrooms and so far as structure conditions permit, ceilings shall be smooth and flat (ii) Ceilings shall be constructed of Portland cement plaster, large size cement asbestos boards with join sealed with a flexible sealing compound, or other acceptable impervious material and finished so as minimise condensation, mould development, flaking and accumulation of dirt. (iii) The walls above glazed type portion and ceiling shall be painted with water resistant paint to maintain them clean.
(f) Window Ledges - Window ledges shall be sloped 45 degrees to promote sanitation and to avoid damage to glass in windows from impact of hand trucks and similar equipment, the windowsills shall be 1200 mm above the floor level with proper ventilation through mechanical venting or through working vents shall be provided in the roof structure.
(g) Doorways and Doors - (i) Doorways through which product is transferred on rails or in hand trucks shall be at least 1500 mm high and shall be atleast 1500 mm wide. (ii) Doors shall either be of rust-resistant metal construction throughout, or if made with rust resistant metal having tight softwood, they shall be clad on both sides with soldered or welded seams. (iii) Doorjambs shall be clad with rust-resistant metal securely affixed so as to provide no crevices for dirt or vermin and the juncture at which the door joins the walls shall be effectively sealed with a flexible sealing compound.
(h) Screens and Insect control - All windows, doorways and other openings that may admit flies shall be equipped with effective insect and rodent screens and 'Fly chaser' fans and ducts or air curtains shall be provided over doorways in outside wall of food handing areas that are used for dispatch or receiving.
(i) Rodent-Proofing-Except in the case of solid masonry, walls constructed of glazed tile, glazed brick, and the like, expanded metal or wire mesh not exceeding 12.5 mm mesh, shall be embedded in walls and floor at their junction and such mesh shall extend vertically and horizontally to a sufficient distance to exclude the entrance of rats and other rodents.
(j) Vehicular areas for Trucks - (i) Concrete paved areas, properly drained and extending at least 6 metres from building, loading docks or livestock platforms shall be provided at places where vehicles are loaded or unloaded. (ii) Pressure washing jets and disinfection facilities for trucks carrying animals shall also be provided at such places.
(k) Drainage - (i) All parts of floors where wet operations are conducted shall be well drained and as far as possible, one drainage inlet shall be provided for each 37 metre square of floor space (ii) A slope of about 20 mm per metre to drainage inlets shall be provided for usual conditions and it shall be ensured that the floor slopes uniformly to drains with no low spots, which collect liquid. (iii) Floor drains shall not be provided in freezer rooms or dry storage areas and when floor drains are installed in rooms where the water seal in traps is likely to evaporate without replenishment, they shall be provided with suitable removable metal screw plugs.
(l) Traps and vents on drainage lines - (i) Each floor drain, including blood drains, shall be equipped with a deep seal trap (P-, U-, or S-shape) (ii) Drainage lines shall be properly vented to the outside air and be equipped with effective rodent screens.
(m) Sanitary drainage lines - Drainage line from toilet pans and urinals shall not be connected with other drainage lines within the plant and s6l not discharge into a grease catch basin and such lines shall be installed so that if leakage develops, it shall not affect the product or the equipment.
(n) Lighting and ventilation - (i) Unrefrigerated work rooms shall be provided with adequate direct natural light and ventilation or ample artificial light and ventilation by mechanical means. (ii) Uncoloured glass having a high transmissibility of light shall be used in skylights and windows (iii) The glass area shall be approximately one-fourth of the floor area of a workroom and such ratio shall be increased where there are obstructions, such as adjacent buildings, overhead catwalks, and hoists, which interfere with the admittance of direct natural light. (iv) Distributed artificial lighting of much quality and at such distances as may be specified by the Central Government shall be provided at all places where adequate natural light is not available or is insufficient.
(o) Every abattoir shall be provided with distributed artificial light of an overall intensity of not less than 200 lux at the distances as may be specified by the Central Government throughout the slaughter hall and workrooms and at places where meat inspection is carried out, the overall intensity of artificial light shall be not less than 500 lux.
(p) every abattoir shall be provided with suitable and sufficient means of ventilation to the outside air and the construction of the slaughter hall shall be so arranged that the dressed carcasses are not exposed to direct sunlight;
(q) a sufficient, safe, potable and constant supply of fresh water shall be available at adequate pressure through the premises.
(r) the pressure for the general purpose of floor washing may preferably be 200 to 330 kPa for through floor cleaning
(s) for thorough and efficient washing of carcasses, a higher pressure between 1000 kPa to 1 700 kPa shall be maintained.
(t) floor washing point shall be provided preferably for minimum 37 meter square on slaughter floor and working departments
    1. a constant supply of clean hot water shall be available in the slaughter hall and workrooms during working hours and the hotwater required for frequent sterilising of equipment shall not be less than 82 degree celsius
    2. where necessary for sanitary maintenance, equipment shall be constructed and installed so as to be completely self-draining.
    3. the following materials shall not be used in an abattoir, namely –
(i) copper and its alloys in equipment used for edible products.
(ii) cadmium in any form in equipment handling edible products
(iii) equipment with painted surface in product zone
(iv) enamel containers or equipment is not desirable and
(v) lead
(x) all permanently mounted equipment shall either be installed sufficiently away from walls (minimum 300 mm) to provide access for cleaning and inspection.
(y) all permanently mounted equipment shall either be installed sufficiently above the floor (minimum 300 mm) to provide access for cleaning and inspection or be completely sealed (watertight) to the floor area.
8. Engagement in slaughter house - (1) No owner or occupier of a slaughter house shall engage a person for slaughtering animals unless he possesses a valid license or authorisation issued by the municipal or other local authority.
(2) No person who has not attained the age of 18 years shall be employed in any manner in a slaughter house.
(3) No person who is suffering from any communicable or infectious disease shall be permitted to slaughter an animal.
9. Inspection of slaughter house - (1) The Animal Welfare Board of India or any person or Animal Welfare Organisation authorised by it may inspect any slaughter house without notice to its owner or the person incharge of it at any time during the working hours to ensure that the provisions of these rules are being complied with.
(2) The person or the Animal Welfare Organisation authorised under sub rule (1) shall after inspection send its report to Animal Welfare Board of India as well as to the municipal or local authority for appropriate action including initiation of legal proceedings if any, in the event of violation of any provisions of these rules.
(F.No.19/1/2000-AWD)
DHARMENDRA DEO, A. Secy.

Tamilnadu Government Servants’ Conduct Rules, 1973 – Transactions in sale and purchase of shares and debentures etc. Instructions – Issued.

GOVERNMENT OF TAMIL NADU
Letter No.38199/Per-A/92-7,
Personnel and Administrative
Reforms (Per-A) Department,
Secretariat, Chennai-600 009.
Dated : 07.06.1993.
From
THIRU.M. AHMED, I.A.S.,
Secretary to Government.
 To
All Secretaries to Government.
All Departments of Secretariat, Madras-9.
All Heads of Departments including District Collectors, District Judges and Chief Judicial Magistrates.
The Registrar, High Court, Madras.
The Registrar, Tamilnadu Administrative Tribunal, Madras.
 
Sir,
            Sub :Tamilnadu Government Servants’ Conduct Rules, 1973 –  Transactions in sale and purchase of shares and debentures etc.   Instructions – Issued.
***********
            As per sub-rule (4) of rule 7 of the Tamilnadu Government Servants’ Conduct Rule, 1973 the Government of any authority or Officer empowered by them in this behalf or the prescribed authority may, at any time, by general or special order, require a Government servant to submit within a period specified in the order a full and complete statement of such movable or immovable property held or acquired by him or by any member of his family as may be specified in the order.  Such statement shall, if so required by the Government or by the authority or Officer so empowered or the prescribed authority  include details of the means by which or the source from which such property was acquired.
            2.  Sub-rule (1) of rule 6 of the above rules also provides that no Government servant shall speculate in any stock, share or other investment.  It ha also been explained that habitual purchase or sale or both of shares, securities or other investments shall be deemed to be speculation within the meaning of this sub-rule.
            3.  With a view to enable the administrative authorities to keep a watch over the Central Government employees investing in shares, securities and debentures etc. frequently, the Government of India have since issued orders that the Central Government employees should send an intimation to the prescribed authority in the prescribed proforma in the following cases:
(i)                 Group “A” and “B” Officers – If the total transactions in shares, securities, debentures or mutual funds schemes etc. exceeds Rs.50,000/- during the calendar year.
(ii)               Group “C” and “D” Officers – If the total transactions in shares, securities debentures or mutual funds scheme etc exceeds Rs.25,000/- during the calendar year.
4.  The Government after careful examination, have decided to issue similar orders to the State Government employees.  The Government accordingly direct that intimation in the enclosed proforma to the prescribed authority be furnished by the Government servants in the following cases :           
(i)                 Group “A” and “B” Officers – If the total transactions in shares, Securities, debentures or mutual funds schemes etc. exceeds Rs.50,000/- during the calendar year.
(ii)               Group “C” and “D” Officers – If the total transactions in shares, securities, debentures or mutual funds scheme etc. exceeds Rs.25,000/- during the calendar year.
5.  It is clarified that since shares, debentures, etc. are treated as movable property for the purpose of rule 7(2) of the Tamilnadu Government Servants’ Conduct  Rules, 1973, if an individual transaction exceeds the amount prescribed in rule 7(2), the intimation to the prescribed authority would still be necessary.  The intimation prescribed in para 4 will be in addition to this, where cumulative transactions, i.e., sale, purchase or both in shares, securities, debentures or mutual funds etc. in a year exceed the limits indicated in para 4.
6.  All Departments of Secretariat/Heads of Departments are directed to circulate the above instructions to their subordinates under their control for information and adherence.
                                                                                    Yours faithfully,
                                                                                    (Sd.)
 A.SURIYAKUMARI,
           
                                         for Secretary to Government.
Copy to :
All Sections in Personnel and  Administrative Reforms Department.

Public Services – Government servants – Availing of Housing Loan from Public Sector undertakings including companies and Banks through office – Instructions – Issued.

GOVERNMENT OF TAMIL NADU
Letter No.15373/Per-A/92-2,
Personnel and Administrative
Reforms (Per-A) Department,
Secretariat, Madras-600 009.
Dated : 26.2.1992.
From
THIRU.T.V. VENKATARAMAN, I.A.S.,
Chief Secretary to Government.
 To
All Secretaries to Government, Madras-600 009.
All Heads of Departments including Collectors, District Judges/Chief Judicial Magistrates.
The Secretary, Tamil Nadu Public Service Commission, Madras-600 002.
The Registrar, High Court, Madras-600 102.
The Registrar, Tamil Nadu Administrative Tribunal, Madras-600 006.
The Registrar of Co-operative Societies, Madras-600 005.
The Chief Executive Officer, Tamil Nadu Khadi & Village Industries Board, Madras-600 108.
The Managing Director, Tamil Nadu Small Industries Corporation Ltd., Madras.
 Sir,
            Sub :    Public Services – Government servants – Availing of Housing Loan from Public Sector undertakings
                        including companies and Banks through office – Instructions – Issued.
            Ref :1. Government Lr.No.92440/90-1, P.&.A.R. (Per-A)   Department,  Dated 1.11.1990.
           
        2. Government Lr.No.5557/91-1, P.&.A.R. (Per-A)  Department,  dated 25.1.1991.
*************
As per the instructions issued in the Government letter first cited, the Departments of Secretariat / Heads of Departments should ensure that Office Procedure / Establishment sections under them do not involve themselves in financial transactions of Government servants by giving undertakings etc. for recovery of monthly installments, except in the case of loans obtained from Co-operative Banks, Co-optex and Tamil Nadu Khadi and Village Industries Board which are extending credit facilities.  Subsequently, in the Government letter second cited, it was ordered that the instructions issued in para 2 of the Government letter first cited will not apply to Tamil Nadu Small Industries Corporation Limited also.
 2.  In view of the inadequacy of housing loans allowed by Government to its employees and the high and escalating cost of real estate it was considered that an exception to the orders issued in the Government letter first cited be made in respect of loans for housing purposes.  To ease this situation, if loan installments and interests are permitted to be recovered from salaries, financial institutions will show greater interest in sanctioning loan.  This will also reduce the pressure on the Government to provide housing loans.  The matter was discussed at the monthly meeting of Secretaries to Government held on 26.11.1991.  The suggestion was agreed to in principle.  It was felt to restrict the provision initially to the Public Sector Undertakings including the companies and Banks and that flats may also be covered by the scheme.
3.  Accordingly, in partial modification of the instructions in para 2 of the Government letter first cited, the Government direct that the instructions contained in the letter first cited will not apply to housing loans afforded by the Public Sector Undertakings including the companies and the Banks either for constructions of a house or for the purchase of a ready built flat.
 4.  Orders regarding the modalities and the procedure to be followed in the matter will be issued separately from the Finance Department.
                                                                       Yours faithfully,
                                                                                                (Sd.)
M.SIVAGURU,
                                               
for Chief Secretary to Government. 
  

Lending and Borrowing money from private individuals – Previous sanction of Government necessary

GOVERNMENT OF TAMIL NADU
ABSTRACT
Tamil Nadu Government Servants Conduct Rules, 1973 – Lending and Borrowing money from private individuals – Previous sanc;tion of Government necessary – Rule 6 and Rule 7 of the Tamil Nadu Government Servants Conduct Rules, 1973 – Amendments – Issued

PERSONNEL AND ADMINISTRATIVE REFORMS (PER.A) DEPARTMENT
G.O.Ms.No.434.                                                                                                                                            Dated : 12.10.90.
Pramodhutha, Purattasi 26
Thiruvalluvar Aandu 2021.
ORDER :
According to Explanation I(b) under sub-rule (2) of Rule 7 of the Tamil Nadu Government Servants Conduct Rules, 1973, if the loans advanced by or to any Government servant whether secured or not, exceeds Rs.5000/- then he should report the matter to the prescribed authority within one month from the date of such transaction.
2.  It is now considered that lending and borrowing money to from the private individuals would place the Government servant under pecuniary obligation to such persons and that this kind of transaction should, therefore, be discouraged.
3.  The Government, therefore, direct that the Government servant should obtain prior sanction of the Government in respect of transaction concerning lending or borrowing money with the private individuals if the amount exceeds Rs.5000/-
4.  The following Notification will be published in the Tamil Nadu Government Gazette :-
NOTIFICATION
In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Tamil Nadu hereby makes the following amendments to the Tamil Nadu Government Servants’ Conduct Rules, 1973.
AMENDMENTS
In the said Rules,--
(1)    in rule 6, in sub-rule (4), after clause (a), the following clause shall be inserted, namely :-
“(aa)  No Government servant shall, either himself or through any member of his family or any other person acting on his behalf, except with the previous sanction of the Government, lend or borrow money to or from any private individual any amount exceeding Rs.5000/- (Rupees five thousand only)”;
(2)    in rule 7, in sub-rule (2), in Explanation I clause (b) shall be omitted.
(BY ORDER OF THE GOVERNOR)
                                                                           R. SHANMUGAMANI,
SECRETARY TO GOVERNMENT.
To
All Secretaries to Government, Madras-9.
All Departments of Secretariat, Madras-9.
All Heads of Departments.
All Collectors including District Judges, District Magistrates (Judicial).
The Secretary, Tamil Nadu Public Service Commission, Madras-2.
The Registrar, High Court, Madras-104.
The Director of Stationery & Printing (for publication of the Notification in the Tamil Nadu
Government Gazette).
Copy to :
All Officers in P.&.A.R. Department.
/FORWARDED / BY ORDER/
                                                                             (Sd.)
SECTION OFFICER.

Government Servants appearing for Examinations privately for acquiring additional qualifications – Prior permission.

GOVERNMENT OF TAMIL NADU
PERSONNEL & ADMINISTRATIVE REFORMS (PER-A) DEPARTMENT
Letter No.99147/Per-A/92-4, dated 22.06.1993.
From
THIRU.M. AHMED, IAS.,
Secretary to Government.
 
To
All Secretaries to Government.
All Departments of Secretariat.
All Heads of Departments including District Collectors,
District Judges, Chief Judicial Magaistrates.
Sir,
            Sub  :    Public Services – Government Servants appearing for       
                       
 Examinations privately for acquiring additional qualifications –

                       
 Prior permission.
            Ref :   1. G.O.ms.No.362, Personnel and Administrative Reforms (Per-A)
                        
 Department, dated 4.11.92.
                      2. From the Director of Agriculture, Madras, Letter No.MES-3/                               
                       
 293451/92, dated 9.12.92.
*********
            According to the orders issued in the G.O. cited, a Government servant desirous or acquiring higher qualifications by appearing privately should get prior approval of the Head of the Department.  The Director of Agriculture, in his letter cited has stated that Agriculture Department is a vast Department and if more number of applications are received at Heads of Department level, it will be an additional burden to the Head of Department.  He has therefore requested the Government to consider whether the permission to Government servants for appearing privately for acquiring higher qualifications may be delegated to the District Controlling officer like Joint Director of Agriculture of that Department.  The Inspector General of Prisons, has also enquired whether the Heads of Offices could grant permission in the matter as was done in the case of permission to join correspondence course.  The above question has been examined.  It is considered that there can be no objection if a Head of the Department choses to delegate this power to the Officers subordinate to him.
            2.  I am, therefore, to inform that the power to grant permission to Government servants who are desirous of acquiring higher qualifications by appearing privately, now vested with the Heads of Department as per the orders in the Government Order referred to above may be delegated to the District Controlling Officers like Joint Director/Deputy Director, as the case may be.
            3.  The Heads of Offices shall, however ensure that the grant of such permission to the staff will be without detriment to the normal functioning of the Offices concerned.
                                                                                                Yours faithfully,
                       
                                                                         (Sd.)
                       
                                                for  SECRETARY TO GOVERNMENT.
  

Deposits Made in N.S.C., N.S.S., U.T.I., Fixed Deposit in banks



GOVERNMENT OF TAMIL NADU
Personnel and Administrative
Reforms (A) Department,
Secretariat, Chennai-9.
Letter No.9546/A/97-1, dated 29.5.1997.
From
Thiru.K.A. NAMBIAR, IAS.,
Chief Secretary to Government.
To
All Secretaries to Government, Chennai-9.
All Departments of Secretariat (OP Sections), Chennai-9.
All Heads of Departments.
All Collectors, District Judges and Judicial Magistrates (Judicial)
The Registrar, High Court, Chennai-104.
The Secretary, Tamil Nadu Public Service Commission, Chennai-2.
The Registrar, Tamil Nadu Administrative Tribunal, Chennai-104.
Sir,
            Sub :      Tamil nadu Government Servants’ Conduct Rules, 1973 - Deposits
                         Made in N.S.C., N.S.S., U.T.I., fixed deposit in bank etc.-
                         Clarifications – Issued.
            Ref  :    1.Government Letter No.68618/89-2, Personnel & Administrative
                           Reforms (Per.A) Department, dated 28.9.89.
                        2.G.O.Ms.No.149, Personnel and Administrative Reforms (A)
                           Department, dated 15.3.96.
                        3.Letter No.2548/96/C2(369), dated 3.2.97 from the Additional
                           Registrar, High Court, Chennai.
In the Government letter first cited, it has been clarified that,-
(i)                 a member of the service should submit a report to the prescribed authority while taking an insurance policy if the annual premium of it exceeds Rs.5000/-.  However, if the annual premium first determined is less than Rs.5000/- but on conversion, it exceeds Rs.5000/-, a report to the prescribed authority is necessary at that stage.  When he receives the sum assured as survival benefit on maturity of the policy, he need not submit any report to the prescribed authority under rule 7(2) of the Tamil Nadu Government Servants’ Conduct Rules, 1973.
(ii)               a member of the service need not report to the prescribed authority while taking an insurance policy, the annual premium of which is less than Rs.5000/-.  He should however submit a report to the prescribed authority at the time of receiving the sum assured as survival benefit on maturity of the policy.
2.  A question has arisen whether in any of the Small Savings Schemes and fixed deposits in a bank by a Government servant require intimation to the Prescribed Authority.  The Additional Registrar, High Court, Madras in his letter third cited has also sought clarification whether the deposit made in N.S.S., N.S.C., U.T.I., CANPEP exceeding the value of Rs.5000/- have to be reported as per rule 7(2) of Tamil Nadu Government Servants’ Conduct Rules, 1973.
3.  After careful examination, the Government clarify the above points as follows :
(i)                 The transaction in any of the Small Savings Schemes and Fixed Deposits in a bank by a Government servant from out of his salary are exempted from the operation of the rule 6(4)(a) of the Tamil Nadu Government Servants’ Conduct Rules, 1973.  However, in regard to Fixed Deposit with banks, post office or with a public limited company of standing duly authorized to conduct banking business, a report should be made to the prescribed authority under rule 7(2) of the Tamil Nadu Government Servants’ Conduct Rules, 1973, if the monetary limit of Rs.5000/- laid down therein is exceeded.  The encashment of such Fixed Deposits on maturity need not be reported to the prescribed authority.  But, the day to day saving bank transaction either with a bank or with a post office would not come within the purview of rule 7(2) of the Tamil Nadu Government Servants’ Conduct Rules, 1973.  But, such items should be included in the assets and liabilities return submitted by the Government servants to the prescribed authority as per rule 7(3) of the Tamil Nadu Government Servants’ Conduct Rules, 1973.
(ii)               The purchase of N.S.S., N.S.C., U.T.I., etc. are investment of unspeculative nature involving practically no element of hazard.  Therefore, the purchase of N.S.S., N.S.C.,Units of U.T.I. etc. exceeding the monetary limits (now Rs.5000/- laid in rule 7(2) of the Tamil Nadu Government Servants’ Conduct Rules, 1973 shall be reported to the prescribed authority.  Encashment of such certificates however, is not required to be reported as this is not a separate transaction but is a consequence to the initial transaction of the purchase of these certificates.
4.  I am, directed to request you to bring the above clarifications to the notice of the subordinates under your administrative control for information and strict adherance.
                                                                                    Yours faithfully,
                                                                                    (Sd.)
                                                            for CHIEF SECRETARY TO GOVERNMENT.
Copy to :-
All Sections in Personnel and Administrative Reforms Department, Chennai-9.
All Officers in Personnel and Administrative Reforms Department, Chennai-9.
The Additional Registrar, High Court, Chennai-104.

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