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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:-
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(a)
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Fixation of pay
[Fundamental Rule 22]
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(b)
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Sanction of annual
increment
[Fundamental Rule 27]
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(c)
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Fixation of pay, under
ruling 17 of Fundamental Rule 27, on restoration of Seniority
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(d)
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Sanction of study leave
[Fundamental Rule 84]
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(e)
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Sanction of leave for
employment abroad
[Tamil Nadu Leave Rules] ( section
II-A )
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(f)
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Voluntary retirement
[Fundamental Rule 56(3)]
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(g)
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Compulsory retirement
[Fundamental Rule 56(2)]
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(h)
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Deputation on foreign
service terms and conditions
[Fundamental Rule 110-114]
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(i)
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Sanction of advance
increment on acquiring higher qualification (Fundamental Rule 31)
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(j)
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Regulation of suspension
period [Fundamental Rule 54]
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(k)
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Regulation of compulsory
wait in respect of Government servants [Fundamental Rule 9]
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(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:-
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(i)
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Schemes,
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(ii)
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Postings and Transfers,
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(iii)
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Preparation of panels for
promotions,
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(iv)
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Permission under Government
Servant's Conduct Rules,
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(v)
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Fixation and revision of pay,
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(vi)
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Further
continuance / permanent retention of temporary posts,
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(vii)
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Review under FR 56(2) on
compulsory retirement of officers under the control of Heads of
Departments.
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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:
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(a)
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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.
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(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.
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