In exercise of the powers conferred by sub sections
(1) and (2) of sections 27 of the [1][Tamil
Nadu] Bhoodan Yagna Act, 1956 ([2][Tamil
Nadu] Act XV of 1958) and after consultation with the Government of Tamil Nadu,
the [3][Tamil
Nadu] State Bhoodan Yagna Board hereby makes the following Regulations: These regulations may be called the [4][Tamil
Nadu] Bhoodan Yagna Regulations, 1961. In these regulations unless the context otherwise
requires, (a) "Adult" means any person who is not less than 21 years of age; (b) "Local Committee" means a local committee constituted under
sub-section (1) of section 15; (c) "Rules" means the [5][Tamil
Nadu] Bhoodan Yagna Rules, 1959; (d) all expressions not defined in the regulations but defined either in the
Act or the Rules shall have the respective meaning assigned to them in the Act,
or as the case may be, the Rules. (a) All the adult residents of Gramdan village, who hive opted for Gramdan,
shall be the members of Sarvodaya Panchayat. A register of such members shall be prepared,
revised and brought up-to-date on the 31st March of every year by the Sarvodaya
Panchayat. Any person (i) who is not a citizen of India; (ii) who is of unsound mind, dumb, deaf, and mute; and (iii) who has been convicted for any criminal offence other than of political
character or an offence involving moral delinquency, such sentence not having
been reversed or pardoned or a period of 5 years from the date of expiration of
such sentence has not elapsed, shall be disqualified for
membership in Sarvodaya Panchayat. Subject to such control of the General body
of the Sarvodaya Panchayat which may pass necessary resolution, from time to
time, the executive management of the day-to-day affairs of the villagers shall
vest in a Sarvodaya Panchayat consisting of not less than five and not more
than 15 members elected among themselves unanimously. In the event of there being more candidates than
the required number seeking for the membership of the panchayat, then, the
members of the panchayat shall be elected by casting lots. Any dispute
regarding the election shall be referred to the Chairman, State Board whose
decision in the matter is final. (1) The term of office of the Sarvodaya Panchayatdars shall, save as
otherwise expressly provided, be three years from the first April to the end of
31st March (financial year). (2) The ordinary and casual vacancy that may arise be generally filled
according to regulation 4. (3) A panchayatdar appointed in such vacancy shall hold the office only so
long as he would have been entitled to hold office if he had been elected
before the occurrence of the vacancy. (4) Any of the Panchayatdar may, at any time, tender his resignation in
writing to the Secretary of the Sarvodaya Panchayat, but such resignation
should be unconditional and shall take effect only from the date on which it
was accepted by the Sarvodaya Panchayat. After the Panchayatdars of the Sarvodaya Panchayat
are elected, they shall elect among themselves a Chairman and a Secretary
within thirty days from the date of election of the Panchayatdars. The Chairman of the Local Committee will call for
the first meeting for electing the office bearers. The Sarvodaya Panchayat
shall meet once in a fortnight or often if necessary to conduct the affairs of
the Sarvodaya Panchayat. The quorum for a meeting of the Sarvodaya Panchayat
shall be the majority of the strength fixed for the Sarvodaya Panchayat. All the questions before the panchayat shall be
decided unanimously. Should there be any difference of opinion, it shall be
decided by casting lots. A Panchayatdar who absents himself from four
meetings consecutively shall automatically cease to be a Panchayatdar of the
Sarvodaya Panchayat unless he is reinstated by a resolution of the Sarvodaya
Panchayat in the subsequent meeting by condoning such absence Subject to such resolution as the Sarvodaya
Panchayat may pass, from time to time, the several office bearers of the
panchayat shall exercise the following powers: (a) The Chairman shall exercise over all and general control over all the
affairs of Sarvodaya Panchayat and shall be the ex-officio treasurer and shall
have the custody of all the moveable properties of the Sarvodaya Panchayat. (b) The Secretary shall, subject to the control of the Chairman, be
responsible for the executive administration of the Sarvodaya Panchayat. (c) The Secretary shall be the Officer to sue or be sued on behalf of the
Sarvodaya Panchayat and all instruments and contracts by, or on behalf of, the
Sarvodaya Panchayat shall be in the name of the Secretary (d) Whenever the Secretary requires relief from work, it shall be competent
for the Chairman to grant such relief by making such suitable arrangements as
necessary for the conduct of the work by utilising the services of one or more
panchayatdars of the panchayat. Subject to the budget allotment sanctioned by the
general body of the village, it shall be competent for the Sarvodaya Panchayat
to prescribe, from time to time, the strength of the establishment and the
scale of pay and allowances admissible to each member thereof. All the members
of the establishment of the Sarvodaya Panchayat shall be appointed by the
Chairman, Sarvodaya Panchayat and the State Bhoodan Yagna Board shall be the
controlling authority. The funds of the Sarvodaya Panchayat may be raised
in any or all of the following ways and means as resolved by the general body
of the Sarvodaya Panchayat. (1) Grants, Donations, gifts, subscription loans from the State Government,
Local authority, or persons or State Board or Local Committee. (2) It may collect a levy either in cash or in kind from every family in the
Gramdan village for being utilised for purposes of common benefit to the
village. The lands gifted to the Sarvodaya Panchayat shall
be valued at least once in 3 years by an Officer authorised by the Collector on
this behalf. The borrowings of the Sarvodaya Panchayat shall not, at any time,
exceed 50% of the market value of the lands gifted. Only in exceptional cases,
the State Bhoodan Yagna Board may, after getting the approval of the
Government, grant loans to the Sarvodaya Panchayat in excess of the borrowing
power. The Sarvodaya Panchayat shall arrange for repayment of the loans on the
due dates. The receipts shall be issued by the Secretary for
all moneys paid to the Sarvodaya Panchayat. In the case of borrowings, the bond
or agreement executed by the Sarvodaya Panchayat shall be signed by 3 members
of the Sarvodaya Panchayat of whom the Chairman or the Secretary shall be one.
A form of agreement to be executed in this regard is appended (annexure). The Sarvodaya Panchayat shall submit to the State
Bhoodan Yagna Board the budget estimate for the next year and the revised
estimate for the current year before the 15th August of the year. The Sarvodaya Panchayat shall assess the financial
requirements of the Gramdan village every year in advance by the end of
February in respect of agricultural and allied operations, such as sinking of
new wells, deepening of old wells, reclamation, purchase of pumpsets purchase
of bulls, purchase of seeds and manures and cottage industries and its general
working in the nature of a Budget with reference to the overall plan prepared
for the development of the village. The budget should have the approval of the
local committee The Sarvodaya Panchayat shall be responsible for the proper
utilisation and the timely repayment of the funds involved. The Sarvodaya Panchayat shall not borrow without
the previous permission of the local committee and shall abide by the
conditions imposed by the local committees in this regard. The Services of the members of the Sarvodaya
Panchayat shall be honorary, but they may be paid travelling allowance for the
journeys performed by them in connection with the affairs of the Sarvodaya
Panchayat at the following rate provided funds are allotted in the annual
budget and available for disbursement: (1) Single III Class Railway fare for the journeys by rail plus daily
allowance of Rs. 2/- per day for the absence exceeding 8 hours from the
headquarters. (2) Actual bus fare for the journeys by bus plus daily allowance. (3) Mileage at 12 Naya paises per mile for the journeys not connected by bus
or rail. (4) A daily allowance of Rs. 2 per day provided the journeys so performed
exceeds a radius of 5 miles from the village where the Sarvodaya Panchayat is
situated. The Sarvodaya Panchayat shall maintain proper
accounts and vouchers for the funds handled by it in addition to the following
registers and records: (1) Register of lands held by the Sarvodaya Panchayat and their market value
to be revised every 3 years. (2) Register showing the adult persons in the Sarvodaya Panchayat (to be
prepared, revised and brought up-to-date on the 31st March of every year). (3) Register showing the names of the panchayat members and the date of
election and the term of office. (4) Register showing the names of the persons disqualified and the nature of
disqualification. (5) Minutes Book. (6) Receipt Book. (7) Voucher file. (8) Cash book. (9) Personal ledger of advances made to members. (10) Cultivation accounts. (11) Borrowing Ledger. (12) General Ledger. (13) Monthly statement of receipts and charges. (14) Property Register (Register of lands vested with the State Board in the
area). (15) After the expiry of the financial year ending 31st March, the Sarvodaya
Panchayat shall prepare immediately or at least within 30 days. (1) A Statement of receipts and charges for the previous year. (2) A Statement of income and expenditure for the previous year. (3) A statement of funds available and obligation to be fulfilled, (i.e.
assets and liabilities) as it stood on the last day of the previous year. (4) Such other statement as may be prescribed by the Local committee and the
State Board. These statements shall be placed before the general body and sent
to the Local committee and State Board. The accounts of the Sarvodaya Panchayat shall be
audited either by the Extension Officer (Co-operation) or Extension Officer
(Panchayat) of the block every year before the end of the month of May, free of
cost and a certificate issued by him together with the audited statements. In the case of Sarvodaya Panchayat situated outside
the blocks, the nearest block officers will attend to the audit. All funds,
which the panchayat shall be deposited in a bank approved by the Government or
the State Board. It shall be open for the general body to expel any
member from the panchayat (i) who dishonestly deceives, the Sarvodaya Panchayat by false or fraudulent
statement or in any other way; (ii) who intentionally causes or does anything detrimental to the interest of
the Sarvodaya Panchayat; and (iii) who conducts himself in such a manner as to render his removal necessary
in the interest of the Sarvodaya Panchayat. (a) The Chairman of the Local committee shall have a general control over
the administration of the local committee both general and executive. (b) The local committee shall maintain all registers prescribed for and by
the State Board in respect of its jurisdiction. (c) The accounts of the local committee shall be audited by the Local Fund
Account Department free of cost annually. Service conditions of the employees of the State
Board and the Local Committee. Head Clerk. Qualification: He should have put in not less than
three years of service as Assistant under the Bhoodan Yagna Board. Pay and allowances: He will be paid in the time
scale of pay applicable for similar post in Government service. Assistants. Qualifications: (a) They should have completed
their probation in the cadre of Junior Assistants. (b) They should have passed the test on the
District Office Manual and the Account Test for Subordinate Officers Part I. Pay and allowances: They will be Paid in the time
scale of pay applicable for similar posts in Government service. Clerks. Qualification: They should be eligible
for college course. Age: Should be not less
than 18 years and should not exceed 25 years. Pay and allowances: They will
be paid according to the scale prescribed by the Government for similar posts
in Government service. Typist. Qualification: They should be eligible for college
course and should have passed the Higher Grade Typewriting examination. Age: Should not be less than 18 years and
should not be more than 25 years. Pay and allowances: They will be paid according to
the Government scale of pay for similar posts in Government Service. Last Grade Servants. Qualification: They should be able to read and
write well in Tamil. Age: Should be not less than 18 years and should
not be more than 25 years. Pay and allowances: They will be paid according to
the scale of pay prescribed by the Government for similar posts in Government
service. Jeep Driver. Qualification: He should hold a driving licence of
a light vehicle. Age: He should be more than 18 years of age and the
age should not have exceeded 30 years. Pay and allowances: He will be paid according to
the scale of pay for similar post in Government service. Bhoodan Inspectors. Qualification. They should have at least appeared for the S.S.L.C.
Examination. They should have experience in Sarvodaya Work. Age: They should be not less than 18 years and not
more than 25 years In the case of Sarvodaya Worker, age and qualification will
be relaxed at the discretion of the Chairman, State Board. Pay and allowances. They will be paid according to the scale of pay for
lower Division Clerks in the Government Service. Explanation I.The employees of the State Board, who
appointed for the first time to the categories of Junior Assistants, Typists,
Bhoodan Inspectors and Jeep Drivers shall be on probation for a total period of
two years on duty within a continuous period of three years; and in the case of
promotion to a higher post, the period of probation shall be one year on duty
within a continuous period of two years. Explanation II. The employees of
the State Board shall, with effect on and from the 12th December 1968, be
allowed the benefits of increments and leave as in the case of Government
servants. In the matter of emoluments, leave and privileges, they shall not be
entitled to concessions or benefits in excess of those enjoyed by Government
servants of equal status and standing. Explanation III. The requirement of
probation shall be waived in the case of those who have put in not less than
three years of service in the State Board; and they shall be deemed to have
completed their probation, provided that their conduct has been found
satisfactory by the State Board. Explanation IV. The Special
Officer shall be the appointing authority for the posts of Junior Assistants,
Typists, Bhoodan Inspectors, Jeep Drivers and peons under the Statue Board.
Appointment to the said posits shall be made from among the candidates selected
by a Committee consisting of the Chairman, Secretary and the Special officer.
All appointments to the posts of Junior Assistants, Typists, Jeep Drivers and
peons in the State Board shall be made only from the list of candidate
furnished by the District Employment Exchange concerned. Explanation V. An appeal shall
lie to the Chairman of the State Board against any orders of the Special
Officer. Explanation VI. Any employees
aggrieved by the orders of the Chairman shall be entitled to prefer a revision
petition so the Government within sixty days from the date of receipt of the
orders of the Chairman. Annexure THIS AGREEMENT entered into this..................day
of ............One thousand nine hundred and................ Between The Tamil
Nadu State Bhoodan Yagna Board (hereinafter called "the Board" which
expression shall, where the context admits, include its successors and assigns)
of the one part. ...............And The................Sarvodaya Panchayat, a
Sarvodaya Panchayat, constituted under the Tamil Nadu Bhoodan Yagna Act, 1958
(Tamil Nadu Act XV of 1958), having its registered office
at..............hereinafter called The Sarvodaya Panchayat which expression
shall, where the context admits, include its successors and assigns) of the
other part; WHEREAS the Sarvodaya Panchayat has applied to the
Board for an advance of a sum of Rs. ...............for the purchase of
pumpsets/agricultural implements/Bulls/Sheep for the purpose of bee
keeping/poultry farming/handloom weaving and for deepening of wells and for
sinking of new wells AND WHEREAS the Board has agreed to advance the
said sum on and subject to the terms and conditions hereinafter contained. Now This Indenture Witnesseth As Follows: (1) In consideration of the sum of
Rs. ...............(Rupees ............only) now advanced and paid by the Board
to the Sarvodaya Panchayat (receipt where of the Sarvodaya Panchayat both
hereby acknowledge the Sarvodaya Panchayat covenants with the Board that the
Sarvodaya Panchayat shall duly and punctually repay the Board at the said sum
of Rs. .............. (Rupees................only) by equal annual payments of
the sum of Rs. ..............(Rupees................) during the period
of................years, the first of such payments to be made on
the................day of................One thousand nine hundred and
sixty........and the subsequent payments to be made on the................day
of.......... in each subsequent year. (2) The Sarvodaya Panchayat shall
utilise the a amount advanced under these presents only for the purpose herein
before stated. (3) The Sarvodaya Panchayat shall, at
all times and from time to time, furnish to the Board such information as it
may, from time to time, required by notice in writing. (4) If it shall be proved to the
satisfaction of the Board, that the whole or any part of the amount hereby
advanced has not been utilised by the Sarvodaya Panchayat for the purpose
herein before stated or if the Sarvodaya Panchayat shall be guilty of any
breach or non-observance of all or any of the covenants and conditions herein
contained and to be performed and observed by the Sarvodaya Panchayat, then,
and in any such case and without prejudice to the Board's other rights and
remedies arising on such default, and notwithstanding anything herein contained
to the contrary, the total amount due under these presents shall forthwith
become payable and it shall be lawful for the Board or its duly authorised
agents and servants at any time thereafter in addition to and without prejudice
to the other rights and remedies of the Board, to recover any amounts that may
from time to time be due and payable by the Sarvodaya Panchayat as if it were
an arrear of land revenue under the provisions of the Tamil Nadu Revenue
Recovery Act 1864, (Tamil Nadu Act II of 1864). In Witness
Whereof..............................................the three members
including the Secretary of the Sarvodaya Panchayat acting for and on behalf of
the Sarvodaya Panchayat and Sri...........the Chairman, acting for and on
behalf of the Board hath hereunto set their hands. Signed by the above named (1) Secretary of the Sarvodaya
Panchayat (2) ............................... (3) ............................... In the presence of Witnesses: (1) .............................. (2) ............................... Signed by the above named. In the presence of Chairman. The Tamil Nadu State Bhoodan Yagna Board Seal of
the Board has here unto been affixed. Witnesses: (1) ............................... (2) ............................... [1] Substituted for the word
"Madras" by the Tamil Nadu Adaptation of Laws Order, 1969 as amended
by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. [2] Substituted for the word
"Madras" by the Tamil Nadu Adaptation of Laws Order, 1969 as amended
by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. [3] Substituted for the word "Madras"
by the Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Tamil Nadu
Adaptation of Laws (Second Amendment) Order, 1969. [4] Substituted for the word
"Madras" by the Tamil Nadu Adaptation of Laws Order, 1969 as amended
by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969. [5] Substituted for the word
"Madras" by the Tamil Nadu Adaptation of Laws Order, 1969 as amended
by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.TAMIL NADU BHOODAN YAGNA REGULATIONS, 1961
PREAMBLE