GOVERNMENT OF TAMIL NADU

Personnel and Administrative
Reforms (A) Department,
Secretariat, Chennai-600 009.

Letter No.13676/A/98-9, Dated : 7.1.2000.

From

TMT. SHEELA BALAKRISHNAN, I.A.S.,
Secretary to Government.

 To

All Secretaries to Government, Chennai-9.
All Departments of Secretariat (O.P. Sections), Chennai-9.
All Heads of Department.
All Collectors, District Judges and District Judicial Magistrates.
The Registrar, High Court, Chennai-104.
The Registrar, Tamil Nadu Administrative Tribunal, Chennai-104.
The Secretary, Tamil Nadu Public Service Commission, Chennai-2.

Sir,

            Sub :     Tamil Nadu Government Servants’ Conduct Rules, 1973 – Issue of
                        ‘No Objection Certificate’ to obtain or renewal of passport and for
                        undertaking trip to foreign countries – Consolidated instructions – Issued.

            Ref :     1. G.O.Ms.No.1288, Finance (F.R.) Department, dated 28.12.76.
                        2.Government Letter No.70790/A/85-3, P.&.A.R., dated 14.10.85.
                        3.Government Letter No.42138/93-2, Personnel and Administrative
                           Reforms (A) Department, dated 5.7.93.
                        4.G.O.Ms.No.230, Commercial Taxes and Religious Endowment
                           Department, dated 22.7.94.
                        5.Government Letter No.80097/A/94-10, P.&.A.R., dated 30.1.96.
                        6.Government Letter No.1410/A/96-1, P.&.A.R., dated 19.2.96.
                        7.Government Letter No.1410/A/96-2, P.&.A.R., dated 14.3.96.
                        8.Government Letter No.63616/A/94-13, P.&.A.R., dated 5.2.96.
                        9.G.O.Ms.No.288, Personnel and Administrative Reforms (A)
                           Department, dated 4.12.97.
                      10.G.O.ms.No.146, Personnel and Administrative Reforms (A)
                              Deparment, dated 19.6.97.
                      11.G.O.Ms.No.93, Backward Classes and Most Backward Classes
                           Welfare Department, dated 4.9.1998.

***************

            Under rule 24-A of the Tamil Nadu Government Servants’ Conduct Rules, 1973, ‘No Objection Certificate’ is granted to Government Servants to apply for grant or renewal of passport or for undertaking trip to foreign countries.

            2.    Subsequently, several instructions have been issued from time to time.  For the sake of convenience, all the instructions, for the grant of ‘No Objection Certificate’ to obtain or renewal of passport or to undertake trip abroad have been consolidated.

            3.  I am directed to request you to follow the guidelines and format annexed to this letter scrupulously.

                                                                                                Yours faithfully,
                                                                                                            (Sd.)
                                                                        for SECRETARY TO GOVERNMENT.    

ANNEXURE – I

Guidelines for issue of ‘No Objection Certificate for obtaining passport by Group ‘B’,  ‘C’ and ‘D’.

            It should be ensured that,-

1. (i)    no disciplinary proceedings are pending or contemplated against the individual under rule 17(b) of Tamil Nadu Civil Services (Discipline and Appeal) Rules :
2. (ii)   no vigilance case is pending or contemplated against the individual :
3. (iii)   there are no grounds to believe that the applicant could figure adversely on the security records of the Government : and
4. (iv)  the decision for the grant of ‘No Objection Certificate’ should be taken by the Heads of Department himself / herself.  The ‘No Objection Certificate’ should also be signed by him / her.

(Government Letter No.70790/A/85-3, Personnel and Administrative Reforms (Per.A) Department, dated 14.10.85.)

(Government Letter No.80097/A/94-10, Personnel and Administrative Reforms (A) Department, dated 30.1.96.)

(G.O.ms.No.288, Personnel and Administrative Reforms (A) Department, dated 4.12.97).

| TRUE COPY |

                               (Sd.)
SECTION OFFICER.

ANNEXURE – II

Guidelines for issue of ‘No Objection Certificate’ to undertake trip to abroad It has to be ensured that –

1. (i)    no disciplinary proceedings are pending or contemplated against the individual under rule 17(b) of Tamil Nadu Civil Services (Discipline and Appeal) Rules :
2. (ii)   no vigilance case is pending or contemplated against the individual :
3. (iii)   there are no grounds to believe that the applicant could figure adversely on the security records of the Government; and
4. (iv)   the administrative department shall obtain orders of Hon’ble Chief Minister in the cases of Heads of Department undertaking foreign trip.  However, for the Government servants working in the departments under the control of the Chief Minister / Ministers / orders in circulation from the Hon’ble Chief Minister / Ministers concerned should be obtained as the case may be.  Orders at the level of the Secretary to Government can be issued only if the Chief Minister / Ministers concerned has delegated such powers to the Secretary to Government by means of Standing Orders under the Business Rules.

(Government Letter No.70790/A/85-3, Personnel and Administrative Reforms (Per.A) Department, dated 14.10.85).

(Government Letter No.80097/A/94-10, Personnel and Administrative Reforms (A) Department, dated 30.1.96).

(Government Letter No.63616/A/94-13, Personnel and Administrative Reforms (A) Department, dated 5.2.96).

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                                                                     (Sd.)
                                                            SECTION OFFICER.

ANNEXURE – III

Guidelines for issue of ‘No Objection Certificate’ to take up employment abroad.

1. 1.   Government employees desirous of seeking jobs abroad, irrespective of categories to which they belong – technical, non-technical or clerical be permitted to apply and secure employment abroad either through the Overseas Manpower Corporation Limited, or other available sources.  However, such of those scarce categories of staff / officers whose services are considered essential to this Government, shall not be permitted to secure jobs abroad.
2. 2.    The period of employment abroad shall normally be three years, which can be extended for a further period of two years.
3. 3.   The period of absence during employment abroad will be treated as leave for employment abroad without pay and allowances but such period of absence will not be construed as a break in service.  It will not be counted for service benefits such as increment, pay, leave etc.. However, if contribution towards pension is paid by the foreign employer or employee such periods will count for pension.
4. 4.   On return from abroad such officials shall not claim any preference over others in their parent departments for promotion or higher pay by virtue of the experience gained in foreign employment nor shall they claim exemption from working experience or other qualifications required under the rules.

While issuing the ‘No Objection Certificate’ expeditiously on the basis of selection report of the Overseas Manpower Corporation Limited or other sources the administrative departments of Secretariat should ensure the following :-

1. i.            No enquiry or investigation is pending or is contemplated in the Directorate of Vigilance and Anti-Corruption against the government employee ;
2. ii.            Nothing adverse against the Government employee in the records of Special Branch, C.I.D.(Security), Chennai;
3. iii.            No disciplinary case is pending or contemplated against the Government servant;
4. iv.            No prosecution is pending or contemplated in a Court of Law against the Government servant;
5. v.            The Government employees should not have any subsisting contractual obligation to serve the Government for a
            specified period;
6. vi.            No Government dues are pending recovery from the Government servant;
7. vii.            The Government servant is eligible for sanction of leave for employment abroad without pay and allowance for the period applied for, restricted to five years.

(G.O.ms.No.196, Personnel and Administrative Reforms (F.R.II) Department, dated 20.5.91).

(Government Letter No.93945/91-2, Personnel and Administrative Reforms (F.R.II) Department, dated 24.3.92).

(G.O.Ms.No.220, Personnel and Administrative Reforms (F.R.II) Department, dated 12.8.94).

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                                                                                    (Sd.)
                                                                                    SECTION OFFICER.

ANNEXURE – IV

APPLICATION FOR ‘NO OBJECTION CERTIFICATE’ FOR APPLYING PASSPORT / FOR RENEWAL / TO UNDERTAKE FOREIGN TRIP

(To be filled by the applicant)

1.         Name, designation, office                            :
            address and scale of pay (If selection
            grade, indicate respective ordinary grade
            scale of pay).

2.         Date of Retirement                                        :

3.         Name of Contries proposed to visit, and            :
            duration.

4.            Purpose of visit                                         :

5.         Source of funds to meet the cost of the            :
            proposed foreign travel.

6.         State whether any criminal prosecution            :
            is contemplated or pending against you;
            and whether your presence as witness
            would be needed in any criminal case
            under investigation or trial.

CERTIFICATE

            I undertake that I will uphold the honour and dignity of our Nation and will not indulge in any act prejudicial to the integrity and sovereignty of our Country during my travel and stay abroad.

                                                                        SIGNATURE OF THE APPLICANT.

(TO BE FILLED BY THE HEADS OF THE DEPARTMENT)

7.         Are the particulars furnished by the       :
            applicant correct as per information
            available with the department?

8.         Whether any Government dues are             :
            pending recovery if so, the details thereof

9.         Whether any disciplinary action pending            :
            under Rule 17(b) of Tamil Nadu Civil
            Services (Discipline and Appeal) Rules.

10.        Whether a certificate has been obtained             :
            from Special Branch C.I.D. (Security)
            that the applicant does not figure
            adversely on the security records of the
            Government.

11.       Whether any corruption charges or             :
            Vigilance enquiry is pending against the
            Applicant.

12.       Is there any contractual obligation to be        :
            discharged by the applicant (applicable
            in case of travel for employment only).

13.       Recommendation of the Heads of the   :
            Department.

SIGNATURE OF THE HEADS OF            |            SIGNATURE OF THE HEADS
OFFICE (for passport for Group                |            OF DEPARTMENT.(for
‘B’,  ‘C’ & ‘D’).                                         |            passport for ‘A’ group and for
                                                              |            trips for group ‘A’, ‘B’, ‘C’ and ‘D’)

(Government Letter No.1410/A/96-1, Personnel and Administrative Reforms (A) Department, dated 19.2.96).

(Government Letter No.1410/A/96-2, Personnel and Administrative Reforms (A) Department, dated 14.3.96).

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                                                                        (Sd.)
                                                                        SECTION OFFICER.

ANNEXURE – V

Sl.                    Group                         Purpose            Authority granting ‘No Objection

1.         ‘B’, ‘C’ & ‘D’                           Passport                 Heads of Departments

2.         ‘A’                                           Passport              Government (Administrative
                                                                                      Department in the Secretariat).

3.         ‘A’, ‘B’, ‘C’ & ‘D’                     Undertaking            Government (Administrative
                                                        trip and for              Department in the Secretariat).
                                                        sanction of
                                                         leave

(G.O.Ms.No.288, Personnel and Administrative Reforms (A) Department, dated 4.12.97).

(G.O.Ms.No.1288, Finance (F.R) Department, dated 28.12.76).

FOOT NOTE :

            The Hajj Pilgrims who are undertaking trip through State Hajj Committee on Pilgrim Pass are exempted from obtaining International Passport and ‘No Objection Certificate’ to undertake pilgrimage to Hajj.  The Leave Sanctioning Authority is empowered to sanction leave and grant permission to undertake trip based on the “Pilgrim Pass” issued by the Tamil Nadu State Hajj Committee.

(G.O.Ms.No.230, Commercial Taxes and Religious Endowment Department, dated 22.7.94).

(G.O.Ms.No.93, Backward Classes and Most Backward Classes Welfare Department, dated 4.9.98).

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                                                                        (Sd.)
                                                                        SECTION OFFICER.