[THE KERALA HEREDITARY VILLAGE
OFFICES (ABOLITION) RULES, 1961]
PREAMBLE
In exercise of the powers conferred by S. 8 of the
Kerala Hereditary Village Offices (Abolition) Ordinance, 1961 (Ordinance No, 5
of 1961), the Government of Kerala hereby make following rules: -
Rule - 1.
(1)
These rules may be called the Kerala Hereditary Village
Offices (Abolition) Rules, 1961.
(2)
They shall extend to the whole of the Malabar district
referred to in sub-section (2) of S. 5 of the States Reorganization Act, 1956
(Central Act 37 of 1956).
(3)
They shall come into force on the 1st day of September,
1961.
Rule - 2.
In
these rules, unless the context otherwise requires.
(i)
"the Ordinance" means the Kerala Hereditary
Village Offices (Abolition) Ordinance, 1961;
(ii)
"section" means a section of the Ordinance.
(iii)
"Form" means a form appended to these rules
(iv)
The terms used in the rules shall have the same meaning
as that given in the Ordinance.
Rule - 3.
In
holding the enquiry referred to in S. 4 (1), the District Collector may require
a report to be furnished by the Tahsildar of the Taluk or the Revenue
Divisional Officer of the division or any other officer under the District
Collector not below the rank of Revenue Inspector and take into consideration
their reports also. The final orders of the District Collector shall be in
writing and shall contain the reasons for the decision. Copy of the order shall
be communicated to the parties affected.
Rule - 4.
The
appeal under sub-section (2) of S. 4 shall be presented within sixty days of
the date of the decision or order appealed against.
Rule - 5.
On
receipt of an appeal, the Board of Revenue may call for the connected records
from the District Collector and also require a report to be furnished by him.
Rule - 6.
No
Appeal shall be decided without giving the parties concerned an opportunity of
being heard.
Rule - 7.
The
decision on the appeal shall be communicated to the parties in writing.
Rule - 8.
Adhikaries,
Menons, potails and Shanbogues who have attained fifty five- years of age and
above and Kolkarans, Thalaharis and Ugranis who have attained sixty years of
age and above will be compulsorily retired on 1 -9-1961.
Rule - 9.
Those
persons absorbed in the Government service under S. 5 will be governed from the
date of their absorption by the Service and Conduct Rules and other rules,
regulations, orders, etc., including liability to transfer and prohibition from
acceptance of other employment issued from time to time, applicable to other
Government servants.
Rule - 10.
Those
who are not willing to agree to the new conditions of service will be allowed
to retire from service.
Rule - 11.
Holders
of hereditary village offices other than those who are compulsorily retired
under rule 8 or allowed to retire under rule 10 will be appointed to the extent
possible in the corresponding posts mentioned below in the order of seniority
with references to the length of their continuous service in a permanent
vacancy:-
|
Existing
hereditary Village Offices
|
Corresponding
posts in which holders of offices in Col. (1) may be appointed
|
|
(1)
|
(2)
|
|
Adhikaries and
Potails
Menons and
Shanbogues
Kolkarans,
Thalayaris and Ugranis
|
Village Officers
Village
Assistants
Villagemen
|
Holders
of hereditary village offices shall be deemed to be qualified to be so
appointed in the corresponding posts notwithstanding the fact that they do not
possess the qualifications prescribed for such posts.
Rule - 12.
For
deciding the seniority for purposes of absorption under rule 11, district shall
be the unit.
Rule - 13.
Those
holders of hereditary village offices who cannot be absorbed in Government
service for want of vacancies will be retrenched, the junior most according to
continuous service, permanent or temporary, being retrenched first.
Rule - 14.
The
District shall be the unit for purposes of retrenchment also.
Rule - 15.
Those
holders of hereditary village offices, who are retained in Government service
will be given scales of pay as shown below with the usual dearness and other
allowances admissible from time to time,
|
Village Officers
|
Rs.
40-4-60-5-120
|
|
Village
Assistants
|
Rs.
40-3-55-4-75-5-100
|
|
Villagemen
|
Rs. 30-1-40
|
The
Dearness Allowance, Special Dearness Allowance and the interim relief allowed
to them before their absorption in Government service will be discontinued.
Rule - 16.
(i)
Those, retiring under rules 8 and 10 and those retrenched
under rule 13 will be paid gratuity under S. 5 in accordance with the following
sub-rules.
(ii)
Gratuity will be paid at the rate of one month's average
pay for every year of completed service after regular appointment after
selection in accordance with the procedure then in force acting or permanent in
a permanent vacancy.
(iii)
One month's average pay means the average of the monthly
pay for three years or the actual period, whichever is less, immediately
proceeding the retirement or retrenchment.
[Explanation
I:- Average pay shall be calculated for the period of 3 years or lesser period
immediately prior to the rate of commencement of leave in respect of those who
have been on leave for the entire period of three years immediately preceding
the date of their retirement, or retrenchment, and in the case of those who
have been on leave for part of the period of three years immediately preceding
the date of their retirement or retrenchment, the average pay shall be
calculated after excluding the period spent on leave and after including equal
period prior to the aforesaid three years.
Provided
that where the period of service prior to the aforesaid three years is less
than the period spent on leave, only the actual period of service prior to the
aforesaid three years shall be included for the purpose of calculating the
average pay.
Explanation
2:- If the period of service including the period of leave is equal to, or less
than three years; for the purpose of calculating the average pay, the period of
leave, if any, shall be excluded].
(iv)
The pay and the ordinary Dearness Allowance shall be
reckoned for the purpose of calculating the average of the monthly pay; the
special dearness allowance and the interim relief shall be excluded.
(v)
Gratuity shall in no case exceed fifteen month's average
pay calculated according to sub-rule (iv)
[Note:- x xx x]
Rule - 17.
Application
for gratuity shall be presented to the Taluk Tahsildar within thirty days of
the date of retirement or retrenchment.
[Provided
that the Tahsildar may, if he is satisfied that the applicant was prevented by
sufficient case from presenting the application within that period' admit an
application presented after the expiry of that period].
Rule - 18.
The
application shall be made in triplicate in Form No. 1
Rule - 19.
On
receipt of the application for gratuity the Tahsildar shall verify the contents
of the application with reference to the records available and also through
such enquiries, as may be necessary and make his recommendation in Form No. 2
to the District Collector through the Revenue Divisional Officer of the
division. Two copies of the application will be forwarded to the Revenue
Divisional Officer and the other copy retained by the Tahsildar for record in
his office.
Rule - 20.
The
Revenue Divisional Officer, on receipt of the application from the Tahsildar
with his report shall scrutinize the contents and forward one copy of the
application to the District Collector with his own recommendations. The other
copy will be retained in office of the Revenue Divisional Officer.
Rule - 21.
The
District Collector, on receipt of the report of the Revenue Divisional Officer,
shall sanction the gratuity in accordance with the foregoing rules.
Rule - 22.
The
order of the District Collector should be communicated to the applicant, the
Revenue Divisional Officer, the Tahsildar and the Treasury Officer concerned
and the Accountant General.
Rule - 23.
On
receipt of sanction from the District Collector, the Tahsildar shall prepare
the necessary bill, draw the amount from the treasury and make payment to the
claimant on proper acquittance.
Rule - 24.
The
order of the District Collector shall be communicated in Form No. 3
Rule - 25.
An
appeal shall lie to the Board of Revenue from the order passed by the District
Collector under rule 21 within sixty days of communication of the order
appealed against, and the decision of the Board of Revenue on such appeal shall
be final.
Rule - 26.
The
procedure prescribed in rules 4 to 7 shall apply to the appeals preferred under
rule 25.
Rule - 27.
Until
rules are made in this behalf the following rules shall apply with regard to
those absorbed in Government service:-
(1) The district
shall be the unit for the purpose of appointment transfer and discharge for
want of those holders of hereditary village offices who are absorbed in
Government service,
((2)
The Revenue Divisional Officer shall be the appointing authority in respect of
Village Officers, Village Assistants and Village men. The District Collector
shall make the allotments for appointment as Village Officers, Village
Assistants and Villageman. The District Collector shall be competent to
transfer them anywhere within the district. The Revenue Divisional Officer
shall be Competent to transfer them within their respective Divisions and the
Tahsildars within their respective Taluk. ]
(3) The Government
or the Board of Revenue may for administrative reasons transfer any of them one
district to another.