Personnel and Administrative Reforms Department 

Policy Note- 2004 - 2005

Demand No. 34

 

The Tamil Nadu Government constituted the State Administrative Reforms Commission in the year 1973 keeping in line with the recommendations made by the Central Administrative Reforms Commission.  The State Administrative Reforms Commission recommended that a separate Department should be created to cope with the enormous increase in the activities of the Government and substantial expansion of staff. Accordingly, the Personnel and Administrative Reforms Department was created on 6th November, 1976. There are two wings in this department, one of which is under the administrative control of the Secretary, Personnel and Administrative Reforms Department, and the other is under the administrative control of the Secretary, Personnel and Administrative Reforms (Training) Department.

2. The major functions of this Department are of the following  nature:-

     (i)  Advisory ;

    (ii) Statutory;  and

    (iii) Administrative.

3. ADVISORY FUNCTIONS:

        As envisaged in the  "Tamil Nadu Government  Business Rules and Secretariat Instructions", the Personnel and Administrative Reforms    Department is functioning as an advisory  department on  the  subjects   detailed  below:  

 (i)   Arriving at the  estimate  of  vacancies  for various posts in the Tamil Nadu State and Subordinate Services  and   the preparation of  panels  for  promotion/ appointment to higher posts in  a Service.

(ii)    Proposals for relaxation of relevant Special Rules / General Rules for   regularisation of service and declaration of probation of Government Servants.

(iii)  Under the provisions of the Fundamental Rules, advice is given on the following proposals, namely:-

(a)    

Fixation of pay [Fundamental Rule 22]

(b)    

Sanction of annual increment  
[Fundamental  Rule 27]

(c)

Fixation of pay, under ruling 17 of Fundamental Rule 27, on restoration of Seniority

(d)    

Sanction of study leave [Fundamental Rule 84]

(e)    

Sanction of leave for employment  abroad  [Tamil Nadu Leave Rules] ( section  II-A )

(f)    

Voluntary retirement [Fundamental Rule 56(3)]

(g)    

Compulsory retirement [Fundamental Rule 56(2)]

(h)    

Deputation on foreign service  terms and conditions  [Fundamental Rule 110-114]

(i)    

Sanction of advance increment on acquiring higher qualification (Fundamental Rule 31)

(j)    

Regulation of suspension period  [Fundamental Rule 54]

(k)    

Regulation of compulsory wait in respect of Government servants [Fundamental Rule 9]

 

(iv)   Issue of specific orders on confirmation of service of an approved probationer in the entry level post, immediately after the declaration of probation under General      Rule 31.

(v)  Acceptance of resignation of Government  servants  under   Rule 41A of  the  General  Rules  for the  Tamil Nadu State and  Subordinate  Services.

(vi)   Acceptance of relinquishment of service rights  by Government servants under Rule  47  of  the General Rules for the Tamil  Nadu  State & Subordinate Services.

(vii)  Examining  proposals   relating   to  revision of seniority as per the provisions under  Rule  35  of the General Rules for  the Tamil  Nadu State & Subordinate Services.

(viii) Maintenance of  personal files with  reference to existing instructions.

 (ix)  Placing the proposals relating to equivalency/ recognition of the qualification   before   the Recognition Committee constituted by the Tamil Nadu Public Service Commission and issue of orders based on the recommendations of the Committee for appointment in Government Services.

 4.STATUTORY FUNCTIONS:

The following Statutory Rules and Regulations relating to service matters are administered in the  Personnel  and Administrative Reforms Department :-

(a)  Rules governing all categories of State Government Servants under various Departments (excluding All India Services):-

(i)   The Tamil Nadu State and Subordinate  Services Rules   (Parts I & II) ;

(ii)  The Tamil Nadu Government Servants' Conduct Rules, 1973;

(iii)  The Fundamental Rules of the Tamil Nadu Government;

(iv)  The Tamil Nadu Civil Services (Discipline and  Appeal)  Rules;

(v)   The Tamil Nadu Civil Services (Disciplinary Proceedings Tribunal) Rules, 1955.

(b)   Rules governing certain specified categories common to all   the Departments of  Government:-

(i) Special Rules for The Tamil Nadu Ministerial  Service;

(ii) Special Rules for The Tamil Nadu Basic  Service;

(iii)Special Rules for The Tamil Nadu General Subordinate Service – Class XXII.

 

(c)  Secretariat Service:-

 

(i)    Special Rules for The Tamil Nadu Secretariat Service ;

(ii)   Special Rules for The Tamil  Nadu  General  Service - Classes XII and XII-A.

 

(d) Tamil Nadu Public Service Commission:- 

Tamil Nadu Public Service Commission Regulations, 1954.

 

5. ADMINISTRATIVE FUNCTIONS : 

This Department deals with the establishment matters of all the staff members of the Secretariat up to the level of Under Secretaries to Government who come under the "One Unit system". The Tamil Nadu Public Service Commission and the Tamil Nadu Administrative Tribunal are under the administrative control of this Department.

6.  BUSINESS OF THE GOVERNMENT:

The business of the Government of Tamil Nadu at the Secretariat level is carried on in accordance with

(i)   the Business Rules contained in  the Tamil Nadu Government Business Rules, 1978,  issued by the Governor of Tamil Nadu in exercise of the powers conferred by Clauses (2) and (3) of Article 166 of the Constitution of India;

(ii)   the Tamil Nadu  Government Secretariat  Instructions issued under Rule 63 of the Tamil Nadu Government Business Rules;

(iii)   the Standing Orders of the Hon'ble Chief Minister from  time to time; and

(iv)   Tamil Nadu Secretariat Office Manual.

 

7. SERVICE ASSOCIATIONS: 

This Department deals with the grant of recognition for all Service Associations besides conducting Tamil Nadu Government Servants Civil Services Joint Council Meetings.

8. ADMINISTRATIVE REFORMS:

Reforms are a continuous process.  The administration  has to equip itself with modern procedures to meet the challenges of the changing times and the  ever increasing demands of the public.Timeworn procedures and time-consuming practices have to be replaced by prompt and efficient delivery of services.  The Government has therefore constituted a  'Secretaries Committee'.  The Development Commissioner and Secretary to Government,  Finance Department, is the Chairman of the above Committee. This Committee has been entrusted with the work of studying the various functions of the State Government and streamlining the administrative procedures, so as to achieve an efficient, honest, accountable and people friendly Civil Service. Besides this,  issues like Human Resources Development, introduction of Information Technology and Office modernisation have also been entrusted to the Committee. Based on the recommendations of the aforesaid Committee, the Government has introduced specific guidelines / procedures for adoption. They are as follows:- 

(a) 'Level Jump' has been introduced to reduce the time factor in processing the files. This system would help to submit files to higher officials, avoiding intermediary levels.

 (b) "Single file system" has been introduced between the Departments of the Secretariat and the Heads of Departments located in Chennai City so as to avoid unnecessary delay by way of correspondence. This system covers the following subjects:- 

(i)

Schemes,

(ii)

Postings and Transfers,

(iii)

Preparation of panels for promotions,

(iv)

Permission under Government Servant's Conduct Rules,

(v)

Fixation and revision of pay,

(vi)

Further continuance / permanent retention of temporary posts,

(vii)

Review under FR 56(2) on compulsory retirement of officers under the control of Heads of Departments.

            

In all these matters, the Secretary of the administrative department shall circulate such files to the respective Minister without a regular note for circulation.

(c) File closing  week:

With a view to maintaining transparency to ensure a clean and efficient administration, instructions have been issued that grievance petitions received should be acknowledged within five days and the result of action taken shall be informed to the petitioners within ninety days. The District Collectors have been instructed to conduct file closing weeks on the analogy of  'Public Grievance Day'.

9.  Information Booths: 

(i) Information-cum-Facilitation Counter : 

All the Departments of the Secretariat and the District Collectors have been instructed to open Information-cum-Facilitation Counters to enable people to understand Government procedures and also to get information regarding the latest stage of their request for services. These counters are functioning at all Collectorates and offices of Heads of Departments.  

(ii) It is the bounden duty of the Government Departments to provide information to the public on the details of Government welfare schemes and the procedures adopted to implement the schemes. With a view to introducing simplified procedures, this information has been fed into the computers through the National Informatics Center. Information booths have also been opened and they are functioning at Chennai. 

(iii)  Citizen's Charter : 

The Citizen's  Charter has been formulated by each Department of the Government :- 

(a)   to ensure accountability and transparency in regard to the services available to the people.

 (b)  to increase the awareness of the general public of their rights and of the standards that public services aim to achieve    and

 (c) to help the Department to update the principles of good public service underlying the programme.

 

To keep track of the Citizen's Charter on the above objectives, a Booklet viz.“Guide” has been supplied to all  the Departments of the Secretariat. The Citizen's Charters are updated by each Department and they are also available in the NICNET/ INTERNET on the website  www.tn.gov.in.

The following  Departments have been exempted from preparing a Citizen's Charter due to lack of direct public interface viz: Personnel and Administrative Reforms Department, Planning  Development and Special Initiatives Department, Prohibition and Excise Department, Public Department and Law Department.

10. USE OF COMPUTERS :

(i)   The use of computers is widespread in Government offices.  The maximum use of computers is being made by the Personnel and Administrative Reforms Department. All the Service Rules have been computerised.  Amendments, if any issued, are carried out immediately.  A `Reference Bank’ has been created therefor;

 (ii) This Department’s Annual Budget proposals, Revised Estimates, Final Modified Appropriations and Part II Schemes are co-ordinated with the Finance Department ;

 (iii) All Establishment lists of Non-IAS Additional Secretaries to Government, Joint Secretaries to Government, Deputy Secretaries to Government, Under Secretaries to Government, and Section Officers, Private Secretaries, Personal Assistants, Assistant Section Officers, Assistants and Typists have been computerized ;

 (iv) Data regarding Service Rules, Amendments, Government Orders, Pay Bills, Cadre Strength category wise (A, B, C, D), have been computerised and maintained  ;

 (v)  Government Orders which are of  interest to the Public and Government Servants, Letters, Service Rules, etc., are  fed into the Secretariat Network and also into the Tamil Nadu Government  “WEBSITE” ;

 (vi)  A separate "WEBSITE" for the Personnel & Administrative Reforms Department, with the technical assistance of the National Informatics Centre is to be launched shortly .

 (vii) The Secretariat Knowledge System is proposed to be introduced in this Department as a pilot study : 

11. THE TAMIL NADU ADMINISTRATIVE TRIBUNAL: 

(a)

The   Tamil   Nadu    Administrative   Tribunal was established   as provided under section 4(2) of the Tamil Nadu Administrative Tribunal Act  on  12.12.1988  with One Bench.   The  Second Bench was  constituted on 20.7.1990.

 

(b)  In the light of the judgment of the  Supreme Court of  India in 1997, the orders of the Tribunal are subject to judicial  scrutiny   by the High Court.  Accordingly,  there are three  fora  on  service matters  (Tribunal,  High Court and  Supreme  Court).   This Government  has  now decided that it would  be enough if    there are two fora (High  Court and Supreme  Court)  on  service matters and, therefore, took a policy  decision  during  June, 2001, to abolish the  Tribunal  by amending  the  Administrative Tribunal Act, 1985.  The Government of India has accordingly been addressed on 12th June, 2001, to amend the said Act so as to abolish the Tribunal. The Government of India in its letters dated 25.7.2002 and 21.1.2003 has informed that the above proposal of this Government has been approved by the Central Cabinet and has sent the draft bill to this Government for comments. The draft bill is under consideration of the Government.