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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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2012 } ∂¬º¶V√Ï | 5 {

No. 39 Poudouchéry

Mercredi

5

Octobre

2012

No.

Puducherry

Wednesday

5th

October

2012

(13 Asvina 1934)

GOVERNMENT OF PUDUCHERRY

HOME DEPARTMENT

(G.O. Ms. No. 51, dated 3rd October 2012)

NOTIFICATION

The Lieutenant-Governor, Puducherry is pleased to approve the

following notification published by the Home Department, and

Rajya Sainik Board, Puducherry which contains the organisation,

composition, responsibilities, scope and functioning of “Sainik

Welfare Board” is hereby amalgamated

322

LA GAZETTE DE L'ETAT

[PART–II

PART-I

2. (a) Short title and commencement.— These bye-laws may be called

“The Puducherry Sainik Welfare Board Bye-laws”. These bye-laws are

to be implemented by the Department of Sainik Welfare, Puducherry.

2. (b) They shall come into force with immediate effect.

3. Composition of Puducherry Sainik Welfare Board.— The Puducherry

Sainik Welfare Board is an apex body of the Department of Sainik

Welfare, which formulates policies for resettlement, rehabilitation and

welfare of Ex-servicemen and their families. The board shall have the

following composition:-

Chairman

. . His Excellency the Lieutenant-Governor of

Puducherry.

Vice-Chairman

. . Chief Minister/Minister in-charge of

Department of Sainik Welfare.

Ex-officio members . . All Hon'ble Ministers of Union territory of

Puducherry.

Chief Secretary to Government, Puducherry

All Secretaries to Government of Puducherry

Union Territory.

GOC-in-C Southern Command HQ ATNK

and K Area, Chennai.

Director-General of Police, Puducherry

Collector, Puducherry

Collector, Karaikal

Regional Administrator, Mahe

Regional Administrator, Yanam

Additional/Joint/Deputy/Under Secretary (Home)

NCC Group Commander

Non-official members . . Four Ex-servicemen having interest in the

welfare of the Ex-servicemen nominated by

the Government of Puducherry from

Puducherry/Karaikal/Mahe/Yanam regions.

323

PART–II]

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Co-opted members . . The Board has been empowered to co-opt

any other Government Officer whose

membership may, in the opinion of the

board, be of use to the board.

Member-Secretary . . Director, Sainik Welfare will be the

Member-Secretary of the Board.

4 (1). The Board shall have powers to co-opt any other persons

as members but such co-opted members will have no right to vote.

4 (2). The board should hold minimum of one meeting in a year.

4 (3). The terms of office of the non-official members is 2 years

which may be renewed from time to time.

5. Power to relax.– Any rules/regulations said in the bye-law may

be relaxed by the patron as per the recommendation by the First Vice-

Chairman i.e. Chief Secretary to Government of Puducherry.

6. Staff.— The staff of the Department of Sainik Welfare consists

of Assistants, Welfare Organiser, Lower Division Clerks, Driver, Peon,

and Part-time Sanitary Assistant which strength is subject to variation

depending on the exigency. The expenditure on account of staff and

other incidental items is borne by the Government of Puducherry and

reimbursement of 50% share of the above expenditure will be borne by

the Kendriya Sainik Board, New Delhi on yearly basis, against the

authorised heads of expenditure by the Kendriya Sainik Board.

7. Conduct of business.— The Sainik Welfare Board may meet for

the conduct of business, adjourn and otherwise regulate its meetings

and proceedings as may be determined by the bye-laws. The quorum

for a meeting of the Sainik Welfare Board shall be 50% of members

personally present at the meeting. A meeting of the Sainik Welfare Board

at which a quorum is present shall be competent to exercise all or any

of the functions of the fund.

7 (1). The meeting shall be presided over by the Chairman or in

his absence by the First Vice-Chairman of the Management Committee.

Every matter shall be determined by a majority of votes of the members

present and voting. The Member-Secretary (Director, Sainik Welfare),

and the co-opted members who are not members, shall have no right to

324

LA GAZETTE DE L'ETAT

[PART–II

vote. In case of equality of votes, the matter shall be decided according

to the casting vote of the Chairman of the committee or meeting as the

case may be.

7. (2) The meeting of the committee shall be held at least once in

a year or as and when necessary as prescribed by the Board and

thirty days notice of every meeting shall be sent to each member, in advance.

8. Members of the Sainik Welfare Board not entitled to

remuneration.— The members of the Sainik Welfare Board shall not be

entitled to any remuneration.

PART-II

9. Definition.— In these bye-laws, unless the context otherwise

requires,—

9 (1). ‘Board’ means the Sainik Welfare Board, Puducherry, as per

the composition given above.

9 (2). ‘Department’ means the Department of Sainik Welfare,

Puducherry, the executive body for the Office of the Sainik Welfare Board

and the Management Committee of Armed Forces Flag Day Funds.

9 (3). ‘Member-Secretary’ means the Director, Department of

Sainik Welfare who is the Member-Secretary, Sainik Welfare Board and

the Executive Officer of bye-laws of Sainik Welfare Board.

9 (4). ‘Union Territory’ means the Union territory of Puducherry.

9 (5). ‘Director’ means the Director, Department of Sainik Welfare

who is the Member-Secretary of Sainik Welfare Board and Executive

Officer of these bye-laws of the Sainik Welfare Board.

9 (6). 'Scheme’ means the schemes under which various grants

and financial assistance and other privileges are extended to the

Ex-Servicemen/widows and their dependants by the Government of

Puducherry.

9 (7). ‘Financial Assistance’ means the financial assistance granted

to the Ex-servicemen and their dependants by the Government of

Puducherry.

9 (8). ‘ Family’ means the Ex-serviceman, his wife, non- earning and

unmarried sons below 25 years of age, non-earning and unmarried or

widowed/divorced daughters and non-earning parents of the

Ex-serviceman actually dependent on the Ex-serviceman.

325

PART–II]

LA GAZETTE DE L'ETAT

9 (9). ‘Dependent’ means the wife, non-earning and unmarried sons

below the age of 25 years and non-earning and unmarried or widowed/

divorced daughters, and non-earning parents of the Ex-serviceman

actually dependent on him.

9 (10). 'Ex-Serviceman' means the retired/released Defence

personnel whose status of Ex-servicemen is governed by the definition

as laid down by Department of Personnel and Training, Government of

India, New Delhi. The definition has been undergoing changes from time

to time. The following is the broad categorisation:—

(a) Those released before 1st July 1968.— Any person who had

served in any rank (whether as combatant or not) in the Armed Forces

of the Union and has been released from there other than by way of

dismissal or discharge on account of misconduct or inefficiency.

(b) Those released on or after 1st July 1968 but before

1st July 1979.— Any person who had served in any rank (whether as a

combatant or not) in the Armed Forces of the Union for a continuous

period of not less than six months after attestation and released from

there other than by way of dismissal or discharge on account of

misconduct or inefficiency.

(c) Those released on or after 1st July 1979 but before

1st July 1987.— Any person who has served in any rank (whether

as a combatant or as non-combatant) in the Armed Forces of the

Union, including the armed forces of the former Indian States but

excluding the Assam Rifles, Defence Security Corps, General Reserve

Engineer Forces, Lok Sahayak Sena and Territorial Army, for a

continuous period of not less than six months after attestation; and

(i) has been released, otherwise than at his own request or

by way of dismissal or discharge on account of misconduct or

inefficiency, or has been transferred to the reserve pending such

a release; or

(ii) has to serve for not more than six months for completing

the period of service requisite for becoming entitled to be

released or transferred to the reserve as aforesaid; or

(iii) has been released at his own request, after completing

five years service in the Armed Forces of the Union.

326

LA GAZETTE DE L'ETAT

[PART–II

(d) Those released on or after 1st July 1987.— Any person, who

has served in any rank whether as a combatant or non-combatant

in the Regular Army, Navy and Air Force of the Indian Union; and—

(i) who retired from such service after earning his/her

pension; or

(ii) who has been released from such service on

medical grounds attributable to military service or circumstances

beyond his control and awarded medical or other disability

pension;

(iii) who has been released, otherwise than on his own

request, from such service as a result of reduction in

establishment; or

(iv) who has been released from such service after completing

the specific period of engagements, otherwise than at his own

request or by way of dismissal or discharge on account of

misconduct or inefficiency, and has been given a gratuity, and

includes personnel of the Territorial Army of the following

categories, namely:–

(aa) Pension holders with continuous embodied service;

(ab) Persons with disability attributable to military service ; and

(ac) Gallantry award winners.

(e) The Territorial Army personnel will however be treated as

Ex-servicemen with effect from 15-11-1986.

(f) Recruits/Officer Cadet who are boarded out/released on

medical grounds and granted medical/disability pension will also

be covered under the category of Ex-servicemen for all practical

purposes.

(g) The eligibility of the person to the status of Ex-servicemen

will be governed by the definition in vogue at the time of his

discharge and will not be affected by the changes in the definition

subsequent to his discharge.

(h) Armed Forces of the Union mean the Army, Navy and

Air Force of the Indian Union including Armed Forces of the

former Indian States but exclude the persons who have served in

Defence Security Corps, General Reserve Engineering Force,

Lok Sahayak Sena and Para Military Forces (PMF).

327

PART–II]

LA GAZETTE DE L'ETAT

10. ‘Registration’ means registration of an Ex-serviceman with the

Department of Sainik Welfare, Puducherry provided he fulfills any one

of the above conditions and subject to his producing the following

documents :-

(i) Discharge Certificate (Address mentioned in the Discharge

Certificate must of Puducherry Union Territory);

(ii) Pension Payment Order, payable at anywhere in the Union

territory of Puducherry;

(iii) Three stamp size, two passport size and one passport size

photograph with spouse;

(iv) 5 years continuous Residence Certificate in respect of

those who are not permanent resident (native) of Union territory

of Puducherry in addition to defence record certification in

Discharge Certificate.

10 (a). Posthumous registration.— If an Ex-serviceman dies in

harness or after his discharge, posthumous registration will be done on

receipt of an application from a member of his family subject to the

condition that the Ex-serviceman was the permanent resident (native)

of the Union Territory or the applicant is a permanent resident of the

Union Territory and has been continuously residing in the

Union Territory for not less than five years on the date of such

application as per certificate issued by an officer not below the rank of

Deputy Tahsildar of Revenue Department.

10 (b). Registration of Ex-servicemen from other States.—

(i) Residential Certificate for not less than five years obtained from

Revenue authorities not below the rank of Deputy Tahsildar.

(ii) Cancellation/No objection certificate from his previous

Board.

(iii) A copy of Ration Card/Voter’s Identity Card obtained from

Government of Puducherry.

(iv) Pension Payment Order payable at any bank anywhere in

the Union territory of Puducherry.

10 (c). Registration of widow of other States.— (i) Death Certificate

of her husband;

328

LA GAZETTE DE L'ETAT

[PART–II

(ii) Discharge Certificate of her husband or service particulars

of widow issued by the respective defence records ;

(iii) Three stamp size latest photographs;

(iv) Family Pension Payment Order payable at any bank

anywhere in the Union territory of Puducherry.

(v) Documentary evidence that her family had stayed in

Puducherry for not less than five years continuously before his

death (certificate to this effect to be obtained from Revenue

authorities).

10 (d). Registration of employment card.— Ex-Servicemen who

have already registered will be issued with an employment card for his

reemployment purpose, if he desires. Registration card will be supplied

to him from the Employment Cell maintained exclusively for

Ex-servicemen by the Department of Sainik Welfare. The Employment

Cell will also recommend for registration in the National Employment

Exchange, Puducherry. Ex-Serviceman has to renew his employment card

once in three years with a grace period of three months. Otherwise his

name will be deleted from the live register. The following documents are

required for employment registration:-

(a) Original educational/technical qualification certificates

and certificates issued by the defence records.

(b) Two set of photocopies of certificates duly attested by

a Gazetted Officer.

(c) One copy of passport size photograph.

10 (e). Not eligible for registration.— The following personnel are

not eligible for registration:-

(a) Not having any proof for permanent residence ( native) of

Union territory of Puducherry issued by the Revenue Department.

(b) Not having continuous period of five years residency

certificate duly issued by the Revenue Department of Puducherry

Union Territory.

(c) Not having documentary evidence that deceased

Ex-serviceman had stayed in Puducherry for not less than five

years continuously before his death issued by the Revenue

Department.

329

PART–II]

LA GAZETTE DE L'ETAT

PART - III

GENERAL WELFARE SCHEMES FOR EX-SERVICEMEN

11. Horizontal reservation of vacancies in Group ‘C’ and ‘D’

posts for Ex-Servicemen.— 20% in Group ‘D’ posts and 10% in

Group ‘C’ posts shall be reserved for Ex-servicemen for their

reemployment in the Union territory of Puducherry.

12. Priority through the Employment Exchange.— Wives of

Serving Defence Personnel of this Union Territory shall be given

Priority II (One year relaxation in seniority) in filling up of vacancies

through Employment Exchange.

13. State Legal-aid/police protection.— Police Authorities shall

provide protection to the families of defence serving personnel who

are natives of this Union Territory/Ex-servicemen from anti-social

elements.

13 (1). State Legal-aid Cell shall offer free legal assistance to

Defence Serving Personnel who are natives of this Union Territory/

Ex-servicemen and their families.

14. Horizontal reservation in higher education.— Reservation of

1% of seats for admission in Government recognised medical colleges

through CENTAC, Puducherry shall be allowed to the wards of Defence

Serving Personnel who are natives of this Union Territory and

Ex-servicemen/widows who have registered their names in the

Department of Sainik Welfare.

14 (1). Reservation of 3% of seats for admission in all other

Government recognised higher educational institutions including

admissions made through CENTAC, Puducherry shall be allowed to the

wards of Defence Serving Personnel who are natives of this

Union Territory and Ex-servicemen/widows who have registered their

names in the Department of Sainik Welfare.

14 (2). Such personnel having continuous period of five years

study of the ward of Ex-Servicemen in any school/college of Puducherry

Union Territory for availing facility of ex-servicemen quota for higher

education from Puducherry Union Territory.

330

LA GAZETTE DE L'ETAT

[PART–II

15. Exemption from payment of examination fees.— The

Ex-servicemen shall be exempted from payment of application/

examination fees for recruitment to Group ‘C’ posts, provided that they

were discharged and awarded with Defence pension.

16. Exemption from payment of stamp duty.— Ex-servicemen shall

be exempted from stamp duty for executing of attorney by ex-

members of Defence Services or their heirs or dependents in favour of

their agents or representatives for the purpose of representing them

at the hearing of their appeals under the Pension Appeal Tribunal

Rule, 1946.

17. Exemption from appearing for physical efficiency test for

recruitment in uniformed services.—Ex-servicemen who were discharged

and awarded with Defence pension shall be exempted from appearing

for physical efficiency test for recruitment to uniformed service viz.,

Police, Fire Service and Jail Department of this Union Territory.

18. Reinstatement of Pannayal after release.— Any Pannayal who

was enrolled as a member of the Armed Forces may on discharge or

retirement from service or on being sent to reserve shall be entitled to

be reinstated as a Pannayal with all the rights enjoyed by him in respect

of the lands before his enrolment as a member of the Armed Forces.

19. Priority in medical treatment at Government hospitals.—

Priority in treatment and admission for Ex-servicemen/widows shall be

given by the Government Medical Institutions and JIPMER Hospital, if

recommended by the Department of Sainik Welfare.

20. Age concession.— The Ex-servicemen shall enjoy age

concession of 3 years more in addition to the period of service rendered

by them in defence services for reemployment in Central and State

Government and other Public Sector Undertakings.

21. Assignment of agricultural land or free house site.—

Pondicherry Land Grants Rules, 1975 provide assignment of agricultural

lands to Ex-servicemen/widows according to the following priority as a

measure of rehabilitation subject to availability of land for disposal.

331

PART–II]

LA GAZETTE DE L'ETAT

(a) Families of servicemen killed in action;

(b) Ex-servicemen who have been disabled in action;

(c) Other Ex-servicemen;

(d) Widow of Ex-servicemen.

22. Reservation of 3% in allotment of house site/plot /flat through

Puducherry Housing Board/Societies.— 3% reservation shall be

admissible for allotment of house site/plot/flat on sale to Ex-servicemen/

widows through the Puducherry Housing Board/Housing Societies.

23. Cash grant to gallantry and distinguished service award

winners.— Cash incentive, cash in lieu of land and annuity to Armed

Forces personnel honoured with gallantry and distinguished service

awards as per Gazette of Puducherry No. 87, dated 26-10-1999.

24. Grant-in-aid for welfare of Ex-Servicemen.— Grant-in-aid shall

be released from the State Budget every year for payment of Subsistance

Allowance and implementation of other welfare schemes in Ex-Servicemen

and their dependents, as approved by the Government of Puducherry

from time to time.

25. Sainik rest-house (Jawan Bhavan).—Whenever any Defence

Serving Personnel or any Ex-Servicemen/widows from other States/Union

Territories visit Puducherry for any purpose individually or with their

family member, they may stay in the Sainik rest-house (Jawan Bhavan),

Puducherry as the laid down concessional rates to the Government of

Puducherry Union Territory.

26. Exemption from payment of house tax.— Ex-servicemen/widows

shall be exempted from the payment of house-tax for their single

dwelling buildings as per G. O. Ms. No. 9/LAS/2005, dated 17-6-2005 and

G. O. Ms. No.70/LAS/2007, dated 31-10-2007 issued by the Local

Administration Department, Puducherry. This exemption shall be

admissible to all such buildings registered in the name of the

Ex-servicemen or their dependents without any restriction on coverage

of built-up area.

332

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[PART–II

27. Assitance sanctioned to be reported to the Managing

Committee.— All financial assistance sanctioned under these bye-laws

shall be reported by the Member-Secretary (Director, Sainik Welfare) to

the Managing Committee in its meeting held next, after the sanctioning

of the assistance.

(By order of the Lieutenant-Governor)

PANKAJ KUMAR JHA,

Additional Secretary to Government.

————

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