THE KERALA HEREDITARY VILLAGE OFFICES (ABOLITION) RULES, 1961

[1][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:-

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,

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.

[2][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)

[3][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.

[4][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,

[5]((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.