TAMIL NADU STATE
HOUSING BOARD SERVICE REGULATIONS, 1969
CHAPTER I QUALIFICATIONS AND APPOINTMENTS
Regulation - 1. Short title and commencement.
(1) These regulations shall be called
the Tamil Nadu State Housing Board Service Regulations, 1969.
(2) They shall be deemed to have come
into force on the 22nd April 1961.
Regulation - 2. Definitions.
In these regulations, unless the context otherwise
requires,
(i) "Act" means the Tamil
Nadu State Housing Act, 1961 (Tamil Nadu Act 17 of 1961);
(ii) "unit" means the
Housing Units established under section 2 of the Act;
(iii) "cadre" means the
strength of a service or part of service sanctioned as a separate Unit;
(iv) "officiate" means a
person is said to officiate in a post where he is appointed to it in accordance
with the regulations with right to probation;
(v) "act temporarily" means
a person is said to act temporarily in a permanent or temporary post when he is
appointed to it without rights to probation;
(vi) "probationer" means an
officer or servant of the Board who has been appointed to a post in accordance
with the regulations, but who has not completed his probation;
(vii) "approved probationer"
means an officer or servant who has satisfactorily completed his probation and
awaits appointment as a full member in the class or category;
(viii) "discharge of a
probationer" means, in case the probationer is a full member or an
approved probationer of another service, class or category, reverting him to
such service, class or category and in any other case, depending with his
services;
(ix) "duty" means a person
is said to be 'on duty' as a member of a service,
(a) when he is performing the duties
of outpost on the cadre of such service or is undergoing the probation,
instruction or training practised for such services; or
(b) when he is on joining time; or
(c) when he is absent from duty
during vacation or on authorized holidays or on casual leave taken in
accordance with the duty immediately before and immediately after such absence;
(x) "full member" means a
member of a service who has been appointed substantively to a permanent post
borne on the cadre thereof;
(xi) "member of a service"
means a person who has, been appointed to that service and who has not retired
or resigned, been removed or dismissed, been substantively transferred or
reduced to another service, or been discharged otherwise than for want of a
vacancy. He may be a probationer, an approved probationer or a full member of
that service;
(xii) "promotion" means the
appointment of a member of any category or grade of a service or a class of
service to a higher category or grade of such service or class;
(xiii) "recruited direct", a
candidate is said to be recruited direct to service, class, category or post
when he is not holding any post in any capacity under the Board and is not
taken on deputation; and
(xiv) "recruited by
transfer", a candidate is said to be recruited, by transfer to a service
if at the time of his first appointment, there to he is either a full member or
an approved probationer in any other service under the Board, the regulations
for which prescribe a period of probation for member thereof;
Regulation - 3. Classification of service qualification and method of recruitment.
(a) The following services shall
constitute the officers and servants of the Board.
Non-Technical Services
(I) State Housing Board Officer's
Service;
(II) State Housing Board Subordinate
Service;
(III) State Housing Board Basic
Service;
Technical Services
(I) State Housing Board Engineering
Officer's Service;
(II) State Housing Board Engineering
Subordinate Service;
(b) Classes and categories.
The classes and categories of posts constituting
each service are given below and the scales of pay, qualification and methods
of recruitment for each post shall be as in Appendix "A". The
increments for all the posts in the scales given in this Appendix shall be
annual.
Explanation 1. A probationer whose period of
probation is two years shall be entitled to draw his second increment, only
with effect from the date of satisfactory completion of probation, but the
period of his service from the date of first increment shall count for
subsequent increments.
Explanation 2.A probationer whose period of
probation is one year shall be entitled to draw increment only with effect from
the date of satisfactory completion of probation, but the period of his service
from the date of first increment shall count for subsequent increments.
Explanation 3. In cases of appointment by promotion
where certain period of service is prescribed as qualification, this period of
service shall be counted only from the date when the candidate gets in full,
the educational qualification prescribed for the post.
Explanation 4. Wherever possession of diplomas and
certificates awarded by the Technological Diploma Examination Board, Tamil Nadu
and other Institutions in Tamil Nadu, has been prescribed and requisite
qualifications for recruitment to the State Housing Board's service, possession
of similar diplomas and certificates awarded by the various Technological
Examination Boards and Institutions of other State recognised by the Government
of India or the Tamil Nadu Government, shall be considered as possession of
equivalent qualification for the purpose of recruitment for appointment to
various categories in the State Housing Board Services.
Non-technical Services.
(I) State Housing Board Officers'
Service.
(1) Secretary and Personnel Officer
to Board.
(2) Chief Accounts Officer.
(3) Administrative Officer of Unit.
(4) Deputy Secretary.
(5) Deputy Chief Accounts Officer.
(a) Personal Assistant to
Administrative Officer of Unit.
(6) Accounts Officer (Board's
Secretariat and Unit).
(7) (omitted)
7(a).(omitted)
(II) State Housing Board Subordinate
Service
(1) Public Relations Officer/Section
Officer/Assistant Revenue Officer
(a) (omitted)
(b) (omitted)
(2) Divisional Accountant.
(3) (a) Superintendent, Grade II.
(b) Social Survey Superintendent.
(c) Receptionist.
(4) Stores Superintendent.
(5) Store-Keeper, Grade I.
(6) Store-Keeper, Grade II.
(7) Assistant.
(8) Fair-copy Superintendent.
(9) Cashier.
(10) Junior Assistant.
(11) Shroff.
(12) Revenue Inspector.
(13) Social Surveyor.
(14) Telephone Operator.
(15) Personal Assistant to Board's Chairman.
(16) Personal Clerk to Chief Engineer,
Secretary and Personnel Officer to Board, Chief Account Officer and
Administrative Officer of Unit.
(17) Steno-typist.
(18) Typist.
(19) Bill Collector.
(20) Sergeant.
(21) Attender.
Technical Services
(III) State Housing Board Engineering
Officers’ Service.
(1) Chief Engineer
(A) Superintending Engineer.
(2) Executive Engineer,
(a) Liaison Officer.
(3) Architect.
(4) Town Planner.
(5) Assistant Architect.
(6) Assistant Executive Engineer.
(7) Assistant Town Planner.
(8) Chief Head Draughtsman.
(9) Assistant Engineer.
(IV) State Housing Board Engineering
Subordinate Service
Class I
Engineering Branch.
(1) Junior Engineer.
(2) Head Draughtsman.
(3) Architectural Draughtsman.
(4) Draughtsman (Grade I).
(5) Draughtsman (Grade II).
(6) Draughtsman (Grade III).
(7) Head Surveyor.
(8) Photographer.
(9) Building Inspector.
(10) Surveyor.
(11) Assistant Draughts Man.
(12) Blue Printer.
(13) Artist.
Class II
Workshop Branch
(1) Foreman.
(a) Assistant Plant Operator.
(2) Buldozer Operator, Grade I.
(3) Buldozer Operator, Grade II.
(4) Grader Driver, Grade I.
(5) Grader Driver, Grade II.
(6) Mechanic, Grade I.
(7) Mechanic, Grade II.
7(a). Assistant Plant Mechanic
II.
(8) Fitter, Grade I.
(9) Fitter, Grade II.
(10) Diesel Air Compressor Operator.
(11) Driver-Chairman's Car, State
Housing Board Station Wages.
(12) Driver-Unit Van; Lorry. Tractor.
(13) Driver-Road Roller,
(a) Wiring Inspector.
(14) Electrician, Grade I.
(15) Electrician, Grade II.
(16) Wireman.
(17) Boring Mechanic, Grade I.
(18) Boring Mechanic, Grade II.
(19) Operator-Concrete Mixer.
Asphald Mixer.
Roller Pan Mixer.
(20) Electric Lift Operator.
(21) Pump Operator (Oil and Electric
Engines).
(22) Plumber.
(23) Carpenter Maistry.
(24) Pipe Laying Fitter, Grade I.
(25) Pipe Laying Fitter, Grade II.
(V) State Housing Board Basic
Service.
(1) Duffedar.
(2) Roneo Office Assistant.
(3) Office Assistant.
(4) Watchman.
(5) Sanitary
Mazdoor-cum-Thottakkarar.
(6) Thottakkarar.
(7) Assistant Blue Printer.
(8) Chairman.
(9) Cleaner.
(10) Pump Attender.
Regulation - 4. Authorities competent to appoint.
Appointing authorities for the posts in the various
categories of the services under the Board shall be as follows:
|
Particulars of establishment Secretariat Board's.
|
Competent appointing authority.
|
|
(1)
|
(2)
|
|
(i) Non-Technical employees whose maximum monthly
pay does not exceed Rs. 100.
|
Secretary and Personnel Officer to Board.
|
|
(ii) Technical employees whose maximum monthly
salary does not exceed Rs. 100.
|
Chief Engineer.
|
|
Units:
|
|
|
(2)(i) Non-technical employees whose maximum
monthly pay does not exceed. Rs. 100.
|
Administrative officer.
|
|
(ii) Technical employees whose maximum monthly
pay does not exceed Rs. 100.
|
Chief Engineer.
|
|
General:
|
|
|
(3) Officer and servants whose maximum monthly
pay exceeds Rs. 100 but does not exceed Rs. 300.
|
Board's Chairman
|
|
1. G. O. Ms. No. 1003, H. & U. D. Department,
dated the 28th March 1983.
(4) Officers and Servants whose maximum monthly
pay exceeds Rs. 300.
|
Board
|
|
(5) Officers and Servants whose maximum monthly
pay exceeds Rs. 1,000.
|
Board subject to the approval of the Government:
|
Provided that the Chairman has delegated his powers
under section 22(2b) of the Tamil Nadu State Housing Board Act, 1961 (Tamil
Nadu Act 17 of 1961), to these officers.
Regulation - 5. Language qualification.
(a) No person shall be eligible for
appointment to any service by direct recruitment unless he possess an adequate
knowledge of the Official Language of the State, namely, Tamil:
Provided that a person being otherwise qualified
for appointment to the post to which requirement is to be made, may apply for
recruitment to the post, despite the fact that at the time of such application,
he does not possess an adequate knowledge of Tamil.
Explanation 1. For the purpose of this
regulation, a person shall be deemed to have possessed an adequate knowledge of
Tamil
(i) in the case of a post for which
the educational qualification prescribed is the minimum general educational
qualification and above, he has, passed the S.S.L.C. Public Examination with
Tamil as one of the languages or studied the High School course in Tamil Medium
and passed the S.S.L.C. Public Examination in Tamil Medium or passed the Second
Class Language Test in Tamil conducted by the Tamil Nadu Public Service
Examination;
(ii) in the case of a post for which
the educational qualification prescribed is VIII Standard and above, but below
S.S.L.C, he has studied in Tamil Medium in those standard or passed the
Languages Test in Tamil referred to in sub clause (b)(1) below.
(iii) in the case of a post for which
the educational qualification prescribed is below VIII Standard, he has studied
in Tamil Medium in those standards or passed the oral test in Tamil referred to
in sub-clause below.
Explanation 2. Every such person referred to in
the proviso above all, if selected, for appointment, pass the Second Class
Language Test in Tamil conducted by the Tamil Nadu Public Service Commission
within the period of probation and notwithstanding anything contained in
regulation 13, the period of his probation be extended to four years from the
date of appointment in order to enable him to pass the Second Class Language
Test in Tamil. Such person shall notwithstanding anything contained in the
Fundamental Rules, be granted if but for his failure to pass the said language
test, he would have been declared to have satisfactorily completed his
probation. If he fails to pass the said language test within the said period of
four years, he shall be discharged from service. Exemption from possessing the
said qualifications shall be considered in deserving cases.
(b) (i) A language test of the
standard for VIII standard shall be prescribed for whose educational
qualification is VIII standard and above, but below S.S.L.C. and for those who
do not possess an adequate knowledge of the official language of the State of
Tamil Nadu as specified below:
|
Item of Syllabus.
|
Maximum marks.
|
Minimum marks for a pass.
|
Aggregate marks for a pass.
|
Distribution of test.
|
|
1
|
2
|
3
|
4
|
5
|
|
Part 1:
|
|
|
|
|
|
Dictation of half a page typed matter.
|
60
|
24
|
|
10 Minutes.
|
|
Part II:
|
|
|
|
|
|
Reading.
|
40
|
16
|
50
|
|
(ii) An oral test of the standard for IV Standard
shall be prescribed for those, whose educational qualification is below VIII
Standard and for those who do not possess adequate knowledge of Tamil to find
out whether a person is able to converse freely and fluently in Tamil.
Note. The above tests shall be
conducted by the appointing authorities.
Regulation - 6. Tests.
Every person recruited to any post in the State
Housing Board Engineering Officers Service or to the post of Junior
Engineer, Supervisor in the State Housing Board Engineering Subordinate Service
shall pass the Account Test for Public Works Department Officers and
Subordinate conducted by the TamilNadu Public Service Commission within the
period of their probation.
Regulation - 6a. Liability to serve in the Defence Services.
Any candidate newly recruited to any of the
following posts is liable to serve for a minimum period of four years
(including the period spent on training) in the Armed Forces or on work relating
to defence effort anywhere in India or abroad, if so required by the
Government.
The liability to serve in the Armed Forces will be
limited in the first ten years of service for an officer and will not apply to
Graduate Engineers above 40 years of age.
(1) Assistant Architect.
(2) Assistant Executive Engineer.
(3) Assistant Town Planner.
(4) Assistant Engineer
(Civil/Electrical/Mechanical).
(5) Head Draughtsman.
(6) Architectural Draughtsman.
Regulation - 6b. Training.
Every Assistant shall undergo the Housing Board Accounts
Training and pass the Housing Board's Accounts Test before promotion as
Accountant.
Regulation - 6c. Conditions for promotions.
Every person appointed as Assistant shall pass the
Account Test for Public Works Department Officers and Subordinates conducted by
the Tamil Nadu Public Service Commission for qualifying himself for promotion
to the post of Superintendent Grade-II.
Regulation - 7. Age limit.
(a) The upper and lower age limits
for appointment by direct recruitment to the non-technical and technical posts
shall be as follows:
(For this purpose, the age on the last of July of
the year in which the selection for appointment is made shall be taken into
account.)
|
Category.
|
Backward Classes/ Scheduled Castes and Scheduled
Tribes.
|
Others.
|
|
Superintendent, Grade I (Loans).
|
Upper limit 35.
|
35
|
|
Other Non-Technical post.
|
28
|
26
|
|
Technical posts.
|
30
|
28
|
|
|
Lower limit.
|
|
|
Housing Board Engineer.
|
50
|
50
|
|
Architect.
|
40
|
40
|
|
Town Planner.
|
40
|
40
|
(b) The above age limit shall not
apply to retired persons recruited as Sergent.
(c) No person shall be eligible for
appointment by direct recruitment to the post of [Office
Assistant], if he has completed 28 years on the date of appointment.
(d) No person shall be eligible for
first appointment as Watchman if he has not completed 25 years or has completed
40 years.
(e) Age limit shall be relaxed in the
case of ex-serviceman or war service candidates.
(f) No application for revision of
date of birth shall be entertained after a candidate has been appointed to any
of the services of the Board.
Regulation - 7a. Reservation of appointments[14].
(a) The unit of selection for
appointment for the purpose of this regulation shall be fifty of which nine
shall be reserved for the Scheduled Castes and Scheduled Tribes and twenty-five
shall be reserved for the Backward Classes and the remaining sixteen shall be
filled on the basis of merit.
(b) The claims of members of the
Scheduled Castes and Scheduled Tribes and the Backwards Classes shall also be considered
for the sixteen appointments which shall be filled on the basis of merit; and
where a candidate belonging to the Scheduled Casts, Scheduled Tribe or Backward
Class, is selected on the basis of merit, the number of posts reserved for the
Scheduled Castes and the Scheduled Tribes or for Backward Classes, as the case
may be, shall not in any way be affected.
(c) Selection for appointment under
this regulation shall be made in the order of rotation specified in APPENDIX
"E" to this regulation.
(d) If a qualified and suitable
candidate belonging to any of the Scheduled Castes and Scheduled Tribes or
Backward Classes is not available for selection for appointment in the turn
allotted for them in the cycle, the turn so allotted to the Backward Classes
shall lapse and the vacancy shall be filled by the next turn in the order of
rotation, but however, not lapse and the number of candidates to be selected in
that recruitment shall be reduced by the number of Scheduled Castes/Scheduled
Tribes candidates not available for selection against the turn reserved for
them; the unfilled vacancies reserved for Scheduled Castes and Scheduled Tribes
shall be earned over to the next recruitment, and selection for appointment to
that post in the next recruitment shall be made first for the carried over
turns and then the normal rotation shall be followed. If qualified Scheduled
Castes/Scheduled Tribes candidates are not available even then, the carried
over turns shall lapse and the vacancy shall be filled by the next turn in the
order of rotation.
Regulation - 8. Temporary appointment.
(a) Where it is necessary in the
Board's interest owing to an emergency which has arisen, to fill immediately a
vacancy in a post borne on the cadre of service, class or category either by
direct recruitment or by recruitment by transfer or by promotion and there
would be undue delay in making such appointment in accordance with these
regulations, the appointing authority may temporarily appoint a person for a
period not exceeding three months otherwise than in accordance with these
regulations and such temporary appointments should not be continued beyond the
emergent period of three months:
Provided that the Chairman, may in cases of
emergency, appoint temporarily for a period of not exceeding three months, such
officers and servants whose maximum monthly salary exceeds Rs. 300 and the
employment of whom for any particular work has not been prohibited by any
resolution of the Board; but every such appointment so made shall be reported
by the Chairman to the Board at its next meeting.
(b) No appointment under sub-clause
(a) shall, ordinarily, be made of a person who does not possess the
qualifications, if any, prescribed for the post in such service, class or
category. Every persons who does not possess such qualifications and who has
been or is appointed under sub-clause (a) shall be replaced as soon as possible
by a person possessing the prescribed qualifications.
(c) A person appointed under clause
(a) shall not be regarded as probationer in such post and shall not be entitled
by reasons only of such appointment to any preferential claims to future
appointment to the post.
(d) The services of a person
appointed under this clause shall be liable to be terminated at any time
without notice and without any reason being assigned and without any charges
being framed. No appeal shall lie against an order of termination under this
regulation.
(e) Any person who is appointed to
the post under sub-regulation (a) shall be entitled to draw only the minimum
scale of pay of the post or his substantive pay whichever is greater.
Regulation - 9. Seniority.
(a) The seniority of a person in a
service, class or category or grade shall, unless he has been reduced to a
lower rank as a punishment, be determined by the ranking given by the
appointing authority or the date from which his services are regularised. The
seniority shall be maintained irrespective of the actual date of joining duty.
The date of commencement of probation shall be the date on which, irrespective
of seniority, he is placed on probation.
(b) The transfer of a person from one
category to another category of posts carrying the same pay or scale of pay,
shall not be treated as first appointment for the purpose of seniority. The
seniority of a person so transferred shall be determined with reference to his
ranking in the category of posts from which he was transferred. Where any doubt
or difficulty arises in applying this clause, seniority shall be determined by
the appointing authority.
(c) When an officer or servant of
category is reduced to a post in a lower class or category, he shall be placed
at the top of the latter, unless the authority ordering such reduction, directs
that he shall take rank in the lower category next below any specified member
thereof.
Regulation - 10. Transfer.
All officers and servants of the Board shall be
liable for transfer from the Board's Secretariat to the Units, between Units
and from any Unit to the Board's Secretariat. All such transfers and posting
shall be made by the Chairman or by the authority to whom the powers are
delegated.
Regulation - 11. Selection and non-selection posts.
(a) The posts under the different
services which are deemed as selection posts are specified in Appendix
"B".
(b) The promotion to selection posts
shall be made on grounds of merit and ability, seniority being considered only
where the merit and ability are approximately equal.
(c) Promotion to non-selection posts
shall be made in accordance with seniority unless for reasons of bad records it
is considered that promotion of a person to a higher post is undesirable and
against the interest of administrative efficiency.
(d) No person shall be promoted to
any post unless he is an approved probationer in the post which he is holding
at the time of such promotion.
(e) For the purposes of promotion,
the category of Clerks, Assistants, Superintendents, Grades I and II of the
Board and its Units, shall be treated as common and promotions of persons in
the Board in the posts in the Units and from those in the Units to those in
Board shall be ordered by the Chairman. If, however, any person whose turn for
promotion in the Board or Units arises, which necessitates his being posted
outside and he refuses to be promoted and posted outside that Unit, he shall be
deemed to have relinquished his right for promotion for the period of one year.
Regulation - 12. Probation.
Every person appointed to a post in a service shall
undergo
(a) every person appointed to a post
in the service, otherwise than on foreign service terms, shall be on probation
for a total period of two years on duty within a continuous period of three
years:
Provided that it shall not be necessary for persons
promoted from posts in a lower category to posts in the next higher category of
the service to undergo probation, except in cases where supervisory functions
are attached to the posts, in which case the person promoted shall be on
probation for a total period of one year within a continuous period of two
years.
(b) A person appointed to a post
shall be eligible to count for probation in that post, in his service, if any,
either temporarily or on promotion rendered subsequently in another post, the
duties, of which, involve the responsibilities of equal or greater magnitude
than those attached, to the former post for the period during which he would
have continued to hold the former post, but for his appointment to the latter
post.
(c) For members of the technical
staff side, one year of satisfactory field service rendered by Graduate
Engineers who are deputed by the State Housing Board for Army Service shall
count as two years in State Housing Board for probation and increment.
Regulation - 13. Extension of probation.
(a) The appointing authority may
extend the period of probation of any probationer in any of the services
(i) either to enable him to acquire
the special qualifications or to pass the prescribed tests, or
(ii) to enable the appointing
authority to appraise and to decide, whether the probationer is suitable for
full membership or not;
(b) The order extending the probation
shall be issued within the prescribed period of probation.
(c) The extended period of probation
shall terminate at the latest, when the probationer has, after the expiry of
the period of probation prescribed for the post in which he is on probation,
completed one year on duty in the post, in case where the probation of a
probationer extended a condition shall, unless there are special reasons to the
contrary, be attached to the order of extension of probation that the
probationer's increment shall be stopped until he is declared to have satisfactorily
completed his probation. Such stoppage of increments shall not be treated as a
penalty but only as a continuation of extension of probation and shall not have
the effect of postponing future increment after he has passed the prescribed
tests or after he is declared to have satisfactorily completed his probation.
Regulation - 14. Completion or termination of probation.
(a) At the end of the prescribed
period or extended period of probation, as the case may be, the appointing
authority shall consider the probationer's suitability for full membership in
the post in which he is a probationer.
(b) If the appointing authority
decides that a probationer is suitable for such membership, it shall issue an
order as soon as the period of probation is over declaring the probationer to
have satisfactorily completed his probation.
(c) If within the prescribed period
of probation or extended period of probation, the appointing authority decides
that a probationer is not suitable for such membership or has not acquired the
special qualifications prescribed, it may, at its discretion by order,
terminate his probation and discharge him from service after giving a
reasonable opportunity of showing cause against the proposed termination of
probation:
Provided that notwithstanding anything contained in
this sub-regulation, the appointing authority may declare the probationer to
have satisfactorily completed his period of probation under sub-regulations (a)
and (b) in the case of a person in whose case the passing of the prescribed tests
was not notified as a condition precedent to the declaration of his probation.
But, such a person shall be required to pass the said test within the period
allowed. If the person does not pass the prescribed test with in the said
period, such person's increment shall be stopped until he passed the test
within the extended time allowed. Such stoppage of increment shall not be
treated as a penalty and shall not have the effect of postponing future
increments after he has passed the prescribed test.
(d) If no order of completion for
extension or termination is issued within three months from the date of expiry
of the prescribed or extended period of probation, the probationer shall be
deemed to have completed his probation. Formal orders shall issue thereafter.
(e) Any delay in passing orders of
completion of probation shall not momentarily affect probationers and arrears
of increments shall be allowed from the date of completion of probation as a
matter of course.
(f) A special register of
probationers in the form prescribed in Appendix "C" shall be
maintained for watching the completion of probation of officers and servants of
the Board. Separate pages shall be allotted for each category of posts. Entries
shall be made in the register as soon as a person is placed on probation. The
register shall be examined once a month and all cases of probationers whose
probable date of completion falls in the next forty-five days shall be
extracted and action pursued with a view of passing orders on completion of
probation or otherwise in time.
(g) As soon as a person is appointed
to a post on probation, a probation sheet shall also be opened in the form
prescribed in Appendix "D" and entries made in columns 1 to 6. The
probation sheet shall be sent to the office in which the probationer is working
and further entries shall be made by the Head of the office in which the
probationer works. It shall be sent along with the Last Pay Certificates and
the Service Book, when the probationer is transferred from one office to
another.
(h) Every probationer, shall put up a
note to the Head, forty-five days before the end of the period of probation on
the following lines:
|
"I will be completing the prescribed period
of probation of...............years on...............in this
post...............as per details of service given below:
______________________ ______________________
______________________
______________________ ______________________
______________________
|
|
The question of declaring me to have
satisfactorily completed the probation may be considered and necessary orders
issued in time under the regulations.
|
(i) The note shall also give details
of the tests prescribed, which the probationer has passed and the date on which
he has passed them. The Head of the office shall forward the note with his
comments to the competent authority. This shall, not in any way, absolve the
authorities concerned from their responsibility to initiate action for the
declaration of probation of the individuals concerned.
(ii) In all cases in which serious
charges are pending and therefore probation cannot be declared, the Chairman or
the authority concerned shall satisfy himself or itself that the enquiry into
the charges is completed as quickly as possible. The probationers concerned
shall be informed in writing that action regarding completion of probation will
be taken up only after the charges pending against them are disposed and the
final order on probation shall be passed as expeditiously as possible and in
any case within a month after the disposal of the charges or three months after
the due date of completion of probation, whichever, is later.
Regulation - 15. Exercise of certain powers of appointing authority by higher authority.
The powers conferred on the appointing authority
may be exercised also by any higher authority to whom the appointing authority
is administratively subordinate, whether directly or indirectly, in the
following cases:
(i) Termination of probation on
grounds of unsuitability for full membership;
(ii) Discharge of a probationer on
grounds of unsuitability for full membership;
(iii) Extension or termination of
probation for failure to acquire the special qualification or pass the special
test prescribed.
Regulation - 16. Appeal against discharge.
(a) A probationer who is discharged
shall, within a period of two months from the date of order, be entitled to
appeal against such order passed by the competent authority to the authority to
which an appeal would lie against an order of dismissal passed by the competent
authority against full member of the service, class or category, as the case
may be.
(b) The authority competent to
entertain an appeal under sub-clause (a) may, either suo moto or otherwise,
revise any order extending or terminating the services of a probationer under
regulation 13 or 14 within two months from the date of the order.
(c) When an order terminating and
discharging the services of a probationer is set aside under sub-clause (b) and
the probationer is restored to duty, the period on and from the date of
discharge to the date of such restoration may be treated as on duty except for
purpose of probation. The period of probation undergone by such probationer at
the time of his discharge shall, however, count towards the period of probation
prescribed by the rules applicable to him.
Regulation - 17. Discharge of probationers.
The approved probationers and probationers shall be
discharged for want of vacancies in the category concerned in the following
order:
First - Probationers in the order of juniority.
Second - Approved probationers in the order of
juniority.
Regulation - 18. Re-appointment of probationers.
Approved probationers and probationers who have
been discharged for want of vacancies shall be re-employed in the inverse order
mentioned in regulation 17.
Regulation - 19. Appointment as full members.
(1) Subject to the provisions of
regulation 24, persons who has completed his period of probation satisfactorily
shall be confirmed according to his seniority, in any substantive vacancy.
Where the date by which seniority is determined is the same in the case of two
or more members in any class or category, the seniority inter se shall be
determined by the order of ranking, if any, previously laid down in these
cases, and if no such order of ranking has been laid down or in case of doubt,
seniority shall be determined by the Chairman.
(2) 50% of the permanent vacancies
which have arisen or may arise in the categories of Assistant Executive
Engineer, Assistant Engineer and Junior Engineer, respectively, during the
National Emergency shall be kept unfilled for being filled up by those who were
deputed by State Housing Boards to Army Service in preference to others who have
not rendered such Army Services.
Regulation - 20. Revision of orders of promotion to selection posts.
An order promoting a member of a service to a
selection post made by the competent authority may be revised by an authority
to which an appeal would lie against an order of dismissal passed on a full
member of the service. Such revision may be made by the appellate authority
aforesaid, either suo moto at any time, or on a petition submitted by any
aggrieved member within two months from the date of passing the order. The
delay, if any, in submitting the appeal may be condoned by the appellate
authority if sufficient cause is shown for the delay.
Regulation - 21. Resignation.
(a) A member of the service shall, if
he resigns his appointment, forfeit not only the service rendered by him in the
particular post held by him at the time of resignation, but also his previous
service under the Board.
(b) The re-appointment of such a
person to any post shall be treated in the same way as a first appointment to
such post and all regulations governing such appointment shall apply and, on
such re-appointment, he shall not be entitled to count any portion of his
previous service for any benefit or concession admissible under any regulation
or order.
Regulation - 22. Appointment in place of members dismissed, removed or reduced.
Where person has been dismissed or removed from
service or substantially reduced to a lower post, no vacancy caused thereby
shall be substantively filled up to the prejudice of such person until the
appeal, if any, preferred by him' against such dismissal, removal or reduction
is decided and except in conformity with such decision, or until the time
allowed for preferring an appeal has expired, which ever is later.
Regulation - 23. Members absent from duty.
The absence of a member of a service from duty,
whether on leave, or on foreign service, or on deputation or for any other
reason, and whether his lien in a post is suspended or not, shall not, if he is
otherwise fit, render him ineligible in his turn:
(i) for re-appointment to a
substantive or officiating vacancy in the post in which he may be a probationer
or approved probationer;
(ii) for promotion from a lower to a
higher category in such service, he shall be entitled to all privileges in
respect of appointment, seniority, probation, etc., which he would have enjoyed
but for his absence, subject to his completing satisfactorily the period of
probation on his return.
Regulation - 24. Reduction of full members.
If any full member of any service, class or
category is substantively reduced to a lower service, class or category, he
shall be deemed to be a full member of the latter and the permanent cadre there
of shall, if there is no vacancy in which he could be absorbed, be deemed to be
increased by one:
Provided that against every such addition, a
temporary vacancy, if any, in such lower service, class or category, shall be
kept unfilled and such addition shall be absorbed in the first permanent
vacancy that subsequently arises in such lower service, class or category, as
the case may be.
Regulation - 25. Full Member of more than one service.
No person shall be, at the same time, a full member
of more than one service.
A probationer, approved probationer or full member
of one service who is appointed to be a full member of another service shall
cease to be a member to the former service.
Regulation - 26. Re-employment of retired persons.
The Board may re-employ for a period not exceeding
one year at a time persons who have retired from service. The re-employment of
such a person in any class of service shall not be regarded as a first
appointment to that class of service, on such re-employment, the pay of the
person in the new post shall be so fixed that the pay plus his pension and the
pension equivalent of gratuity drawn does
not exceed the pay last drawn by him before retirement. If, however, the pay
last drawn by him before retirement, is less than the minimum pay of the post
in which he is re-employed, he shall be paid the minimum pay of that post
including pension. If the pay last drawn is greater than the maximum pay of the
post to which he is appointed, he shall be paid only the maximum pay of the
post including pension.
Regulation - 27. Regulation of appointment, of officer and servants taken from the former City Improvement Trust.
Persons holding posts in a substantive capacity or
as probationers, approved probationers, in the former City Improvement Trust on
or before the 22nd April 1961 and taken over to the Board shall be deemed to
have been regularly appointed in the respective categories or nearly equivalent
categories under the Board.
Note. For this purpose, the post of
Trust Engineer or Additional Trust Engineer shall be deemed to be equivalent to
the post of Executive Engineer.
Regulation - 28. Application of other rules.
(a) In matters in respect of which no
provision is made in these regulations, the Fundamental Rules and the
Subsidiary Rules there under, the Tamil Nadu Leave Rules, 1933, the Tamil Nadu
State and Subordinate, Services Rules and
the Tamil Nadu Civil Services (Disciple and Appeal.) Rules, applicable to
Government servants under the rule making control of the Government of Tamil
Nadu as also the instructions and rulings there under shall apply to the
officers and servants of the Board, subject to the modification, that the
powers assigned to the Government under Fundamental Rules shall be exercised by
the Board and that the powers assigned to the Head of the Department in the
said Rules shall be exercised by the Chairman.
(b) Similarly, the provisions
contained in the Manual of Special Pay and Allowances of the Government of
Tamil Nadu shall apply to the officers and servant of the Board subject to any
modification that may be made by the Board in respect of any category
of posts. Such modification shall be made subject to the approval of the
Government.
(c) The Board shall fix, from time to
time, the rates of conveyance allowances to any category of posts:
Provided that in the case of Government servants
lent to the State Housing Board, the rates of pay and allowances shall be
governed by the foreign service terms fixed by the Government.
(d) Notwithstanding anything
contained in these regulations or in any of the rules mentioned in these
regulations, the Board shall have powers to deal the case of any persons or
class of persons (inclusive of those on foreign service terms) serving under
the Board or any candidates or class of candidates for
appointment/promotion/absorption to a service in such manners as may appear to
it to be just and equitable subject to the prior approval of the Government:]
Provided that where any such regulations or rules
is applicable to the case of any person or class of persons, the case shall not
be dealt with in any manner less favourable to him or them than that provided
in that regulation or rule.
Regulation - 29. Savings.
(a) Unless a contrary intention is
expressly indicated therein, nothing contained in these regulations shall
adversely affect any person who is already in the service of the Board.
(b) Any person who is adversely
affected by the scales of pay prescribed in regulation 3(b) shall have the
option to continue to draw pay in the scales applicable to his post before the
issue of the regulation for such period as he desires.
Regulation - 30. Terms and conditions of service of deputationists.
(a) Nothing contained in these
regulations shall apply to persons who are appointed to hold posts in the State
Housing Board by deputation from other offices and they shall be governed by
the terms and conditions of their deputation.
(b) Notwithstanding anything
contained in the foregoing regulations the appointing authority, with the
concurrence of the authority who has sanctioned his deputation, shall be
competent to promote a deputation is to a category in the Board's services
higher to the one to which he was first appointed and in respect of his
services in that category he shall be governed by these regulations except in
regard to disciplinary matters, but he shall not be entitled for appointment as
full member in the category to which he has been promoted unless he resigns his
post in the Department from which he was deputed.
Regulation - 31. Appeal against alteration in condition of service.
Every member of a ser-vice shall be entitled to an
appeal to the Board or the Government, as the case may be, against any order
issued by an authority subordinate to the Board or by the Board which
(a) alters to his disadvantage his
conditions of service, pay and allowances as laid down in the regulations or in
a contract of service; or
(b) interprets to his disadvantage
the provisions of any rules or regulations or terms of contract of service
whereby his conditions of service, pay and allowances are regulated.
CHAPTER II PUNISHMENTS AND APPEALS
Regulation - 32. Nature of penalties.
The following punishments may, for good and
sufficient reasons, and as hereinafter provided, be imposed upon members of the
services under the Board, namely:
(1) Censure.
(2) Fine.
(3) Withholding of increment with or
without cumulative effect.
(4) Debarring from promotion.
(5) Recovery from pay of the whole to
any part of pecuniary loss caused to the Board by negligence or breach of
orders.
(6) Reduction to a lower post or to a
lower stage in the time-scale.
(7) Compulsory retirement.
(8) Removal from service.
(9) Dismissal from service.
Explanation.
(i) The discharge
(a) of a person appointed on
probation before the expiry or at the end of the prescribed or extended period
of probation, or
(b) of a person engaged under
contract, in accordance with the terms of his contract, or
(c) of person appointed otherwise
than under contract to hold a temporary appointment on the expiration of the
period of appointment does not amount to removal or dismissal within the
meaning of this regulation.
(ii) The removal of a person from the service
of the Board shall not disqualify him from future employment, but dismissal
shall disqualify him from future employment.
Regulation - 32a. Employees to maintain integrity and devotion to duty.
Every employee of the Board shall, at all times,
maintain absolute integrity and devotion to duty and shall do nothing which is
unbecoming of an employee of the Board.
Any break of the Board's reputation entail any of
the punishments specified under regulation 32 above.
Regulation - 33. Fines.
On whom to be Imposed.
The penalty of a fine not exceeding Rs. 25 at
a time may be imposed on the members of the Last Grade Service as well as Bill
Collectors, Building Inspectors and crew of the tools and plants inclusive of
Drivers, Chairman, Lorry Mazdoors and Mazdoors.
Regulation - 34. Authorities competent to award punishments.
The authorities to suspend officers and to award
penalties specified above shall be as follows:
|
Particulars of Establishments Boards Secretariat.
|
Competent Authority.
|
|
(1)
|
(2)
|
|
1. (i) Non-technical employees whose maximum
monthly pay does not exceed Rs. 100.
|
Secretary and Personnel Officer to Board.
|
|
(ii) Technical employees whose maximum monthly
salary does not exceed Rs. 100.
|
Chief Engineer.
|
|
Units:
|
|
|
2 (i) Non-technical employees whose maximum
monthly pay does not exceed Rs. 100.
|
Administrative Officer.
|
|
(ii) Technical employees whose maximum monthly
pay does not exceed Rs. 100.
|
Chief Engineer.
|
|
General:
|
|
|
3. Officers and servants whose maximum monthly
pay exceeds Rs. 100 but does not exceed Rs. 300.
|
Board's Chairman.
|
|
4. Officers and servants whose maximum monthly
pay exceeds Rs. 300.
|
Board.
|
|
5. Officers and servants whose maximum monthly
pay exceeds Rs. 1000.
|
Board, subject to the approval of the Government:
|
Provided that the Chairman or Managing Director,
had delegated his powers under section 22(2) of the Tamil Nadu State Housing
Board Act, 1961 (Tamil Nadu Act 17 of 1961).
Regulation - 35. Appellate authorities.
The appellate authority in
respect for penalties awarded by
(i) the Board shall be the
Government;
(ii) the Chairman, shall be the Board;
(iii) the Secretary and Personal
Officer (or) Chief Engineer, shall be the Chairman.
Regulation - 36. When an officer or servant can be suspended.
(a) An officer or servant may be placed
under suspension when
(i) an enquiry into grave charges of
suspected disobedience or malpractice, misappropriation is contemplated or is
pending or during enquiry his continuance in service is considered to be
detrimental to the interest of the Board; or
(ii) a complaint against him of any
criminal offence involving moral turpitude is under investigation or trial and
if such suspension is necessary in the public interests.
(b) An employee of the Board who is
detained in police custody whether on a criminal charge or otherwise for a
period longer than forty-eight hours shall he deemed to have been suspended
under this regulation.
(c) An order of suspension under
clause (a) may be revoked at any time by the authority making the order or by
any authority to which it is subordinate.
Regulation - 37. Procedure for awarding penalties.
(a) Minor penalties.
In case where it is proposed to impose any of the
following penalties on any officer or servant, shall he given a reasonable
opportunity or making any representation that he desires to make, and such
representation, if any, shall be taken into consideration before the order
imposing the penalty is passed.
(1) Censure.
(2) Fine.
(3) Withholding of increment.
(4) Debarring of promotion.
(5) Recovery from pay of the whole or
any part of pecuniary loss caused to the Board by the negligence or breach of
orders.
(b) Major Penalties.
(i) No order of
(1) reduction to a lower post or to a
lower stage in the time scale of pay; or
(2) compulsory retirement; or
(3) removal from service; or
(4) dismissal from service, shall be
passed on an officer or a servant (other than an order based on facts which
have led to his conviction in a Criminal Court) unless he has been informed in
writing of the grounds on which it is proposed to take action and has been
afforded an adequate opportunity to defend himself. The grounds on which it is
proposed to take action shall be reduced to the form of a definite charge or
charges which shall be communicated to the person charged together with a
statement of the allegations on which each charge is based and of any other
circumstances, which it is proposed to take into consideration in passing
orders on the case. He shall be required within a reasonable time to put in a
written statement of his defence and to state whether he desires, an oral
enquiry or only to be heard in person. If he so desires, or if the authority
concerned so directs, an oral enquiry shall be held. At that enquiry, oral
evidence shall be heard as to such of the allegations as are not admitted and
the person charged, shall be entitled to cross-examine the witness, to give
evidence in person and to have such witness called as he may wish, provided
that the officer conducting the enquiry, may for special and sufficient reasons
to be recorded in writing, refuse to call a witness. After the enquiry has been
completed, the person charged shall be entitled to put in, if he so desires,
any further statement of his defence. If no enquiry is held and if he had
desired to be heard in person, a personal hearing shall be given to him. The
proceeding shall contain a sufficient record of the evidence and the statement
of the findings and the grounds thereof.
(ii) After the inquiry or personal
hearing referred to in clause (1) has been completed, and if the authority
competent to impose the penalty mentioned in that clause, is of the opinion, on
the basis of the evidence adduced during the inquiry, that any of the penalties
specified therein should be imposed on the officer or servant, it shall make an
order imposing such penalty and it shall not be necessary to give the person
charged any opportunity of making representation on the penalty proposed to be
imposed:
Provided that in case of a person appointed to a
post in a temporary department by recruitment by transfer from any other class
or service, the Board may, at any time before the appointment of the said
person as a full member to the said post, revert him to such other class or
service either for the event of his becoming surplus to requirements or if
Board is satisfied that he has not got the necessary aptitude for work in the
said post, without observing the formalities prescribed in this sub-regulation:
Provided that, in every case, where it is proposed,
after considering the representation, if any, made by the officer or servant,
to with hold increments of pay and such withholding of increments is likely to
affect adversely the amounts of pension payable to the officer or servant or to
withhold increments of pay without cumulative effect for a period exceeding 3
years or to withhold increment or pay with cumulative effect for any period,
the procedure laid down in sub-regulation (b) shall be followed before making
any order imposing on the officer or servant any such penalty.
Explanation. An opportunity to show cause
against the imposition of any of the penalties referred to in this
sub-regulation shall be given, after the authority competent to impose the
penalty arrives at a provisional conclusion in regard to the penalty to be
imposed, either by such authority himself or under his direction by a
subordinate authority who is superior in rank to the officer on whom it is
proposed to impose the penalty.
(c) The requirements of
sub-regulations (a) and (b) shall not apply where it is proposed to impose on a
member of a service any of the penalties mentioned in regulation 33 or 34 on
the basis of facts which have led to his conviction in a Criminal Court or by a
Court Martial or where the officer concerned has absconded or where it is for
other reasons impracticable to communicate with him.
(d) All or any of the provisions of
sub-regulations (a) and (b) may, in exceptional cases, for special and
sufficient reasons to be recorded in writing, be waived where there is
difficulty in observing exactly the requirements of the sub-regulations and
those requirements can be waived without injustice to the person charged.
(e) If any question arises whether it
is reasonably practicable to follow the procedure prescribed in sub-regulation
(b), the decision thereon of the authority empowered to dismiss or remove such
person or reduce, him in rank, as the case may be, shall be final.
Regulation - 38. Records to be maintained in disciplinary cases.
(a) The authority imposing any
penalty under these regulations shall maintain a record showing
(i) the allegations upon which action
was taken against the person punished;
(ii) the charges framed, if any;
(iii) the personal representations, if
any, and the evidence taken, if any;
(b) All orders of punishment shall
state the grounds on which they are based and shall be communicated in writing
to the person against whom they are passed.
Regulation - 39. Punishment of Lent Officers.
A servant of the Central or State Government or of
a local authority whose services have been lent to the Board shall not be
punished except by an authority who would have been competent to do so, if his
services had not been so lent, but the Chairman, Managing Director, or the Board
(or the authority delegated with powers of punishment), as the case may be,
shall be entitled to make an enquiry and to report against such servant to such
authority (Vide proviso to section 18 of the Act).
Regulation - 40. Disposal of appeals.
(1) In the case of an appeal
against an order imposing any penalty specified in regulations 32 and 37, the
appellate authority shall consider
(a) whether the facts on which the
order was based have bee established;
(b) whether the facts established
afford sufficient ground for taking action; and
(c) whether the penalty is excessive,
adequate or in inadequate and pass orders
(i) confirming, enhancing, reducing
or setting aside the penalty; or
(ii) remitting the case to the
authority which imposed the penalty or to any other authority with such
direction as it may deem fit in the circumstances of the case:
Provided that
(i) if the enhanced penalty which the
appellate authority proposes to impose is one of the penalties specified in
regulations 37(b)(i) and 5 of regulation 37(a) and Nos. 2, 3, and 4 of
Regulation 37(b) and an enquiry under sub rule (b) of Regulation 37 has not
already been held in the case, the appellate authority shall, subject to the
provisions of sub-rule (c) of regulation 37 itself hold such inquiry or direct that
such inquiry be held in accordance with the provisions of sub-rule (b) of
Regulation 37 and, thereafter, on a consideration of the proceedings of such
inquiry make such order as it may deem fit;
(ii) if the enhanced penalty which the
appellate authority proposes to impose is one of the penalties specified in
regulation 37(c) (1), 37(a), 5, 37(b), 2, 3 and 4 and an inquiry under sub-rule
(b) of Regulation 37 has already been held in the case, the appellate authority
shall make such orders as it may deem fit, and
(iii) no order imposing an enhanced
penalty shall be made in any other case unless the appellant has been given a
reasonable opportunity, as far as may be in accordance with the provisions of
sub-rule (b) of Regulation 37 of making representation against such enhanced
penalty.
(2) Any error or defect in the procedure followed in imposing a penalty
may be disregarded by the appellate authority if such authority considers, for
reasons to be recorded, that error or defect was not material and has neither
caused injustice to the persons concerned nor affected the decision of the
case.
Regulation - 41. Who should appeal.
Every officer or servant preferring an appeal shall
do so separately and in his own name.
Regulation - 42. Time limit for appeal.
No appeal preferred under these regulations shall
be entertained unless it is preferred within one month from the date on which
the appellant received the order appealed against:
Provided that the appellate authority may entertain
an appeal after the expiration of such period if he is satisfied that there was
reasonable cause for the delay.
Regulation - 43. Modification of punishment.
The order of punishment issued by an authority or
by its predecessors shall not be modified without the previous sanction of the
appropriate appellate authority.
Regulation - 44. Procedure for appeal.
Every appeal preferred under these regulations
shall contain all material statements and arguments relied on by the appellant,
shall contain no disrespectful or improper language and shall be complete
itself. Every such appeal shall be addressed to the authority to whom the
appeal is preferred and shall be submitted through the authority against whose
order the appeal is preferred.
Regulation - 45. When appeals are withheld.
An appeal may be withheld by an authority not lower
than the authority against whose order it is preferred, if
(i) it does not comply with the
provision of regulations 42 or 44;
(ii) it is a repetition of a previous
appeal and is made to the same appellate authority by which such an appeal has
been decided and no new facts or circumstances are adduced which afforded
grounds for a reconsideration of the case; or
(iii) it is addressed to an authority
to whom no appeal lies under these regulations:
Provided that in any case in which an appeal has
withheld, the appellant shall be informed of the fact and the reasons for it:
Provided further that an appeal withheld on account
of failure to comply with the provisions of regulation 44 may be resubmitted at
any time within one month of the date on which the appellant has been informed
of it.
If the re-submitted appeal complies with all
regulations, it may be considered.
A list of appeals withheld shall be submitted to
the Board every half-year.
Regulation - 46. Appeals against withholding.
No appeal shall lie against the withholding of an
appeal by the competent authority.
Regulation - 47. Procedure for forwarding appeals.
Every appeal which is not withheld under these
regulations shall be forwarded to the appellate authority by the authority against
whose order the appeal is preferred without an expression of opinion.
Regulation - 48. Powers of appellate authority to call for withheld appeals.
An appellate authority may call for any appeal
admissible under these regulations which has been withheld by a subordinate
authority and may pass such orders thereon, as it considers fit.
Regulation - 49. Savings.
Nothing in these regulations shall operate to
deprive any person of any right of appeal which he would have if these
regulations had not been made, in respect of any order passed before they came
into force.
An appeal pending at the time when these
regulations come into force shall be deemed to be an appeal under these
regulations and disposed of accordingly.