Puducherry Combined Common Revenue Service for Municipalities and Commune Panchayats (Conditions of Service) …

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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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▪   2018 } | 3 { No. 22 Poudouchéry Jeudi 3 Mai 2018

No. Puducherry Thursday 3rd May 2018

(13 Vaisakha 1940)

GOVERNMENT OF PUDUCHERRY

LOCAL ADMINISTRATION SECRETARIAT

(G.O. Ms. No. 02/LAS/2018, Puducherry, dated 24th April 2018)

NOTIFICATION

In exercise of the powers conferred by sub-section (2) of section 113

read with sub-section (1) of section 440 of the Puducherry Municipalities

Act, 1973 (Act No. 9 of 1973) and sub-section (2) of section 71 read with

sub-section (1) of section 318 of the Puducherry Village and Commune

Panchayats Act, 1973 (Act No. 10 of 1973), the Government hereby makes

the following rules to regulate the method of recruitment, conditions of

service, pay and allowances and discipline and conduct in respect of the

Combined Common Revenue Service for Municipalities and Commune

Panchayats in the Union territory of Puducherry, namely:-

[405] 406 LA GAZETTE DE L'ETAT [PART–II

1. Short title and commencement.—(1) These rules may be called the Puducherry Combined Common Revenue Service for Municipalities and Commune Panchayats (Conditions of Service) Rules, 2018.

(2) They shall come into force on and from the date of their

publication in the Official Gazette.

2. Definitions.—In these rules, unless the context otherwise

requires -

(1) "Act" means the Puducherry Municipalities Act, 1973 (Act No. 9 of 1973) or the Puducherry Village and Commune Panchayats Act, 1973 (Act No. 10 of 1973) as the case may be;

(2) "Appointed to Service" means a person, who is said to be appointed to a Service in accordance with these rules, or in accordance with the rules applicable at the time, as the case may be, he discharges for the first time the duties of a post borne on the cadre of such service or commences the probation, instruction or training, if any, prescribed for members thereof;

(3) "Appointing Authority" means the authority specified under rule 21 of these rules, who is empowered to make appointment for the posts included in rule 3 of these rules;

(4) "Approved candidate" means a person who is said to be an approved candidate for the Puducherry Combined Common Revenue Service for the Municipalities and Commune Panchayats, if, his name appears in the authoritative list of candidates, selected for appointment to the aforesaid service, class or category;

(5) "Approved probationer" means a Member of the aforesaid service, class or category who has satisfactorily completed his probation and awaits appointment, as a Full Member of the service, class or category;

(6) "Cadre" means the strength of a service or a part of the

service sanctioned as a separate unit;

(7) "Cadre Post" means any post specified in rule 3 and includes temporary posts carrying the same designation as that of any of the posts specified in that rule and the scale of pay of which is identical to that attached to the service and any other temporary post declared as Cadre Post by the Government;

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(8) "Director" means the Director of the Local Administration

Department;

(9) "Direct recruit" means a person is said to be direct recruit,

when he is not already a member of the service, to which the Direct

Recruitment is made;

(10) "Discharge of a member of a service", means dispensing

with his service, for want of a vacancy;

(11) "Duty" means, if person is said to be "on duty" as a

Member of the service-

(a) when he is performing the duties of a post, borne on the

cadre of such service or is undergoing the probation,

instruction or training if any, prescribed for the service;

(b) when he is on joining time; or

authorized holidays or on casual leave taken in

accordance with the instructions regularizing such leave

issued by the Government, having been on duty

immediately before and immediately after such absence;

(12) "Full Member" means a Member of that service who has

been appointed substantively, to a permanent post, borne on the cadre

thereof;

(13) "Government" means the Government of Puducherry;

(14) "Head of Office" means the Commissioner of Municipality

or Commune Panchayat concerned as the case may be;

(15) "Head of Department" means the Director of the Local

Administration Department;

(16) "Initial Recruitment" means the first recruitment and initial

appointment made to the service;

(17) "Local Fund Examiner", means an officer appointed by the

Government as Local Fund Examiner to audit the accounts of the

Municipalities and Panchayats;

408 LA GAZETTE DE L'ETAT [PART–II

(18) "Member of a Service" means a person who has been appointed to the Service and has not retired or resigned or has been removed or dismissed or has been discharged otherwise than for want of a vacancy. He may be a probationer, an approved probationer or a Full Member of the service;

(19) "Municipality" shall mean and include every Municipality, constituted under the Puducherry Municipalities Act, 1973 (Act No. 9 of 1973);

(20) "Panchayat", shall mean an institution of Self-Government constituted under the Puducherry Village and Commune Panchayats Act, 1973 (Act No. 10 of 1973) for the rural areas called "Village Panchayat" at the Panchayat Village Level and "Commune Panchayat Council" at the Commune level;

(21) "Probation" means testing of a person's conduct, work and character, before he is admitted to regular appointment or full membership of the service;

(22) "Probationer" means a Member of the service, who has not

completed his probation;

(23) "Promotion" means the appointment of a Member of any category of a service or a class of service, to a higher category of such service or class;

(24) "Recruiting Authority", shall mean the Authority Competent to recruit or select candidates for appointment to the Service, class or category, as prescribed in the Recruitment Rules;

(25) "Reversion" shall mean the reversion of a Member of a class or category of a Service to a lower class or category of such service, for want of a vacancy;

(26) "Scheduled Caste" means the list of castes notified by the

Government from time to time;

(27) "Selection Committee" shall mean the committee mentioned

in rule 20 of these rules;

(28) "Service" means the Puducherry Combined Common

Revenue Service for Municipalities and Commune Panchayats;

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PART–II] LA GAZETTE DE L'ETAT

(29) "Selection Posts" means the post to which appointment is made, on ground of merit and ability, the seniority being counted where merits are approximately equal only;

(30) "Transfer" shall mean the posting of a person, holding a post under Municipal Council or Commune Panchayat Council, to an identical post, under another Municipal Council or Commune Panchayat Council.

3. Constitution of service and its classification.— (1) The Puducherry Combined Common Revenue Service for Municipalities and Commune Panchayats shall consist of the following categories, namely:-

GROUP 'B'

Category I - (i) Revenue Officer

(ii) Assistant Revenue Officer Grade-I

(iii) Assistant Revenue Officer Grade-II

GROUP 'C'

Category II - (i) Revenue Inspector

(ii) Bill Collector Grade-I

(iii) Bill Collector Grade-II

(iv) Bill Collector Grade-III

(2) This "The Puducherry Combined Common Revenue Service for the Municipalities and Commune Panchayats" is constituted, by absorbing the existing officers in the Revenue Wing, in all the Municipalities and Commune Panchayats, in the categories of Bill Collector (Gr. I/Gr. II/Gr. III), Revenue Inspector, Assistant Revenue Officer Gr. I/Gr. II) and Revenue Officer.

(3) With effect from the date of notification of these rules in the Official Gazette, the Officers in the categories of Bill Collector (Gr. I/Gr. II/Gr. III), Revenue Inspector, Assistant Revenue Officer (Gr. I/Gr. II) and Revenue Officer, in all the Municipalities and Commune Panchayats, shall suo motu, be absorbed into the aforesaid service.

4. Selection post.— All the posts mentioned under rule 3 are

selection posts.

410 LA GAZETTE DE L'ETAT [PART–II

5. Creation of posts.— (1) The Government may create from time

to time, as many cadre posts, as may be necessary.

(2) The Government may create temporary posts in the service and such posts shall be filled, in the same manner, as permanent posts.

6. Pay and allowances.— Every Member of the service shall be paid pay and allowances, as admissible, to the corresponding category/ post, in Government Service.

7. Bonus.— The Members of the service shall draw ad hoc bonus, as applicable, to the corresponding categories of Government Servants.

8. Source of Funds for payment of Pay and Allowances, Bonus, etc.— The Members of the service shall draw pay, allowances, bonus etc. from the own funds of the respective Municipality or Commune Panchayat, to which they are posted.

9. Reservation.— The reservation of posts shall be in accordance with the rules and orders issued by the Government, from time to time, as applicable to Government service.

10. Method of appointment, qualification and age.— The method of recruitment to the said posts, age-limit, qualifications and other matters except composition of Selection Committee and Appointing Authority, relating thereto, shall be as specified in the existing Recruitment Rules for the respective posts.

11. Disqualifications.— (l) No person, -

(a) who has entered into or contracted a marriage with a

person having a spouse living or

(b) who having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to the said posts;

Provided that the Government may, if satisfied that such marriage is permissible under the personal law applicable to such a person and the other party to the marriage and there are other grounds for so doing, exempt any person from the operation of this rule.

(2) No person shall be eligible for appointment to any posts,

unless he is a citizen of India.

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PART–II] LA GAZETTE DE L'ETAT

12. Ad hoc or temporary appointments or promotion.— Notwithstanding anything contained in these rules, the Government may fill up any vacancy in the service by making ad hoc appointment or ad hoc promotion, thereto.

13. Appointment on contract.— Notwithstanding anything contained in these rules, wherever it is necessary in the interest of the administration or in the public interest, to appoint a person to any service, class or category, otherwise than in accordance with the rules, the Government may appoint any person on contract, for a period not exceeding three years at a time. A person, who is so appointed, shall not be regarded as a Member of the service, to which he is appointed.

14. Appointment on Deputation.— Notwithstanding anything contained in these rules, appointment to the service may also be made by the Government by deputation of a person holding analogous post in Government service, for a period not exceeding three years.

Provided that, such person on deputation shall draw the pay,

as per the terms and conditions governing the deputation.

15. Re-employment of Pensioners.— The orders and instructions issued by the Government, regarding re-employment of pensioners, from time to time, shall be made applicable.

16. Appointment on Compassionate grounds.— Notwithstanding anything contained in these rules, the Government may appoint the son or the unmarried daughter or the wife or the husband of the employee, who died in harness, while in service or retired on medical grounds from a post, subject to terms and conditions, as may be specified by Government, by a general or special order in this regard.

17. Unit of Appointment.— The unit of appointment to the categories included in the Puducherry Combined Common Service for Municipalities and Panchayats is the Union territory of Puducherry, which includes all the Municipalities and Commune Panchayats and all the outlying regions, are being taken together as a single unit.

18. Notification of vacancies.— In the case of filling up of posts by direct recruitment, the Director of the Local Administration Department shall notify the vacancies through the Employment Exchange, as well as, through the leading newspapers both in English and in Tamil.

412 LA GAZETTE DE L'ETAT [PART–II

19. Intimation of vacancies to the Selection Committee.— Whenever vacancies arise, in respect of the posts covered under this

service, the Director of the Local Administration Department shall send necessary proposal, to the Chairperson of the Selection Committee, for

selection of eligible and suitable candidates, for filling up of the respective post.

20. Composition of the Selection Committee.— (1) Selection of candidates for appointment to all the categories or cadres included in this

common service by direct recruitment or promotion shall be made by the Selection Committee consisting of the officials, as follows:-

Cadre/Category Composition of the Committee

Category I

(i) Secretary to Government . . Chairman

(Local Administration).

(ii) Director of Local . . Member

(i) Revenue Officer Administration Department.

(ii) Assistant Revenue (iii) Deputy Director (Municipal . . Member

Officer Gr. I (iii) Assistant Revenue

Administration), Local Administration Department.

Officer Gr. II

(iv) Deputy Director (Rural . . Member Development), Local Administration Department.

Category II

(i) Director of Local . . Chairman Administration Department,

(i) Revenue Inspector

(ii) Deputy Director (Municipal . . Member Administration), Local

(ii) Bill Collector Gr. I Administration Department.

(iii) Bill Collector Gr. II

(iii) Deputy Director (Rural . . Member (iv) Bill Collector Gr. III Development), Local Administration Department.

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PART–II] LA GAZETTE DE L'ETAT

(2) The Chairman of the Committee may co-opt any officer of

the Government to be a Member of the Selection Committee.

(3) The Selection Committee, if considers necessary, may

conduct any written test, for selection of candidates, for any post

mentioned in rule 3 of these rules.

(4) The selection made by the Selection Committee shall be

given effect to, after it is being duly approved by the Appointing

Authority.

21. Appointing Authority.— All appointments in respect of all the

posts, included under Categories I and II mentioned above, shall be made

by the Secretary to Government (Local Administration), in accordance

with the selection made by the Selection Committee.

22. Initial appointment to the Service.— All initial appointments

to the service shall be made by the Appointing Authority from a list of

approved candidates. Such list shall be prepared by the Selection

Committee, in accordance with the provisions made under these rules.

Where, the candidates in such list are arranged in their order of merit,

appointments to the service shall be made in such order.

23. Medical fitness.— The direct recruits shall have to produce

before initial appointment, a medical certificate of physical fitness for

Government servants, from the Resident Medical Officer of the

Government General Hospital.

24. Prescription of Departmental Tests.— (1) The Government

may, by special or general order, prescribe any Departmental tests for any

category of posts.

(2) A person, who has already commenced probation, in a

category, before the commencement of these rules, may also be required

to pass such Departmental tests, if any, prescribed, before the end of his

probation period.

(3) The Government may, by general or special order, exempt

any class or category of persons from passing the Departmental Tests.

414 LA GAZETTE DE L'ETAT [PART–II

25. Conduct and discipline.— (1) The Members of the service

shall, in respect of conduct and discipline be governed by the Central

Civil Services (Conduct) Rules, 1964 and Central Civil Services

(Classification, Control and Appeal) Rules, 1965.

Provided that the following are the authorities for the purpose

of these rules:-

Cadre/Category Disciplinary Appellate Reviewing

Authority Authority Authority

Category I

Commissioner Director, Local Secretary to

(i) Revenue Officer

of the Administration Government (ii) Assistant Revenue respective Department. (Local Officer Gr. I

Municipality Administration).

or Commune

(iii) Assistant Revenue Panchayat

Officer Gr. II concerned.

Category II

Commissioner Director, Local Secretary to

(i) Revenue Inspector

of the Administration Government respective Department. (Local

(ii) Bill Collector Gr. I Municipality Administration).

(iii) Bill Collector Gr. II

or Commune

(iv) Bill Collector Gr. III

Panchayat concerned.

(2) Notwithstanding anything contained in the above-mentioned

rules, the Commissioner of Municipality/Commune Panchayat may place

any person included in this common service under suspension.

Provided, the Commissioner shall forthwith, report to the

Disciplinary Authority/Appointing Authority, the circumstances, in

which the suspension order was made.

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PART–II] LA GAZETTE DE L'ETAT

26. Probation.— (1) Any person appointed to this service, shall from the date on which he/she joins duty, be on probation for a period of two years on duty.

Provided that, the Government may extend the period of

probation for a further period of one year.

Provided that, a person who has already commenced probation in a category, before the commencement of these rules, shall complete his/her probation.

Provided further that, any decision for extension of a probation period, shall be taken ordinarily within eight weeks, after the expiry of the previous probationary period and communicated in writing to the concerned officer, together with the reasons, for doing so, within the said period.

(2) On completion of the period of probation or any extension thereof, officers shall, if considered fit for permanent appointment, be retained in their appointments, on regular basis and be confirmed in due course against the available substantive vacancies, as the case may be.

(3) If, during the period of probation or any extension thereof, as the case may be. Government is of the opinion that an Officer is not fit for permanent appointment, Government may discharge or revert the officer to the post held by him, prior to his appointment in the Service, as the case may be.

(4) During the period of probation, or any extension thereof, candidates may be required by the Government to undergo such courses of training and instructions and to pass examinations and tests as Government may deem fit, as a condition of satisfactory service.

(5) In respect of other matters relating to probation, the members of the Service will be governed by the rules applicable to Government employees and instructions issued by the Government in this regard, from time to time.

27. Date of Commencement of Probation of person appointed or promoted temporarily.— If, a person who is appointed or promoted temporarily is subsequently appointed thereto, it shall be open to the

Appointing Authority to allow such person to commence his probation, 416 LA GAZETTE DE L'ETAT [PART–II

from the date of such appointment or promotion or from an earlier date, such date not being earlier to the date of his first temporary appointment or promotion as the Appointing Authority may, in his discretion, decide.

Provided that, it shall not be construed as authorizing the appointment or promotion on probation of a person, from a date on which he did not possess the qualification prescribed for such appointment or promotion.

28. Training and Departmental test.— Every person appointed to any category of posts, may be required to undergo any training or test or both for any specific period relating to Revenue cadre either during the probation period or after the probation period.

29. Appointing Authority to consider suitability for full membership.— As soon as a probationer in any class or category of the service has completed his prescribed period of probation or the extended period of probation, as the case may be, the Appointing Authority shall consider his suitability for full membership to the class or category as the case may be, provided he has passed the tests, if any, which he should pass during the period of his probation.

If, Appointing Authority is satisfied that the probationer is suitable for full membership, he shall pass an order declaring him to be an approved probationer.

30. Confirmation.— Any person, who is appointed against any category of posts included in rule 3 of these rules, may be confirmed in the service only after satisfactory and successful completion of the period of his/her probation.

31. Seniority.— The rank and seniority of a person appointed to any class or category shall be determined with reference to his rank, in the list of approved candidates or promotion panel, as the case may be, and the principles as laid down by the Government and the general instruction issued by the Government, from time to time, shall be applicable.

Provided that the rank and seniority of a person who was already a Member of the service of the respective Municipality or Commune Panchayat, on the date of enforcement of these rules, shall be determined with reference to the date of his first appointment on regular basis to that service, class or category thereto.

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PART–II] LA GAZETTE DE L'ETAT

Provided further that if a common direct recruitment was made

in respect of any category of posts mentioned under rule 3, then the

relative seniority of all such direct recruits shall be determined by the

order of merit list, in which they are selected for appointment, on the

recommendations of the Selection Committee.

31-A. Determination of relative seniority of direct recruits and

promotees.— The principles as laid down by the Government and

general instructions issued by the Government, from time to time, shall

be applicable.

32. Promotion.— Every promotion to a class or category of

service, to which promotion should be made on the ground of merit and

ability, seniority being taken into account, only where merit and ability

are approximately equal, shall be made only from a promotion panel drawn

up by the Selection Committee.

33. Leave.— (1) (a) Every Member of the service shall in respect of

leave, leave allowance and encashment of leave, be governed by the same

rules and orders, as are for the time being applicable, corresponding to the

category or classification of Government servants of the Union territory

of Puducherry.

(b) Every such Member shall, in addition, be eligible to casual

leave in accordance with the rules or orders applicable to

Government Servants, from time to time. The Commissioner of the

Municipality or Commune Panchayat shall be the authority

competent to sanction casual leave.

(2) In granting leave of all kinds (except Study Leave) or leave

allowances, the powers exercisable by the Head of the Department/

Offices under the CCS (Leave) Rules, 1972 shall be exercised by the

Commissioner of the Municipality or Commune Panchayat, as the case

may be. In the case of grant of Study Leave, sanction of the Government

shall be obtained.

34. Postings and transfers.— (a) A Member of the service may be

required to serve in any of the Municipalities or Commune Panchayats.

418 LA GAZETTE DE L'ETAT [PART–II

(b) All transfers and postings shall be made by the following

Authorities:-

Cadre/Category Authority

Category I

(i) Revenue Officer

Secretary to Government

(ii) Assistant Revenue Officer Gr. I

(Local Administration) (iii) Assistant Revenue Officer Gr. II

Category II

(i) Revenue Inspector

Director,

(ii) Bill Collector Gr. I

Local Administration

(iii) Bill Collector Gr. II

Department.

(iv) Bill Collector Gr. III

35. Joining Time.— Every Member of the service shall in respect

of Joining Time, be governed by the Central Civil Services (Joining Time)

Rules, 1979 and orders, as are for the time being applicable to the

corresponding category or classification of Government servants of the

Union territory of Puducherry. The Commissioner of Municipality or

Commune Panchayat, as the case, shall be the authority competent to

allow the joining time, as per the time-limit prescribed in the rules. In

cases of extension of joining time beyond 30 days, sanction of the

Government shall be obtained.

36. Travelling Allowance.— (1) Every Member of the service shall

in respect of claiming of travelling allowance be governed by the same

rules and orders, as are, for the time being applicable to the

corresponding category or classification of Government Servants of the

Union territory of Puducherry.

(2) The orders issued by the Government from time to time,

under travelling allowance rules, regulating the claims of the traveling

allowance by the Government servants, shall mutatis mutandis be

applicable to the Members of the service.

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PART–II] LA GAZETTE DE L'ETAT

(3) The Director or any other officer duly authorized in this

behalf, shall be the Controlling Officer, for the purpose of admitting the

claims of traveling allowance of the Members of the service.

37. Non-entitlement of Leave Travel Concession.— The Members

of this service are not entitled for Leave Travel Concession.

38. Medical Attendance.— (1) Every Member of the service shall

in respect of reimbursement of medical expenses, be governed by the

same rules and orders, as are, for the time being applicable to the

corresponding category of classification of government servants of the

Union territory of Puducherry.

(2) The Director or any other officer duty authorized in this

behalf shall be the Controlling Officer, for the purpose of admitting the

claims for reimbursement of the medical expenses.

(3) The orders issued by the Government from time to time,

under Medical Attendance Rules, prescribing the authorized Medical

Attendants, fees for consultation, etc. shall mutatis mutandis be

applicable to the Members of the service.

39. Provident Fund.— (1) Every Member of the service who has

joined the Municipal or Commune Panchayat service prior to 01-01-2004

shall, in respect of Provident Fund benefits, be governed by the

provisions of the General Provident Fund (Central Services) Rules, 1960

as are for the time being applicable to the Government servants of the

Union territory of Puducherry.

(2) The Local Fund Examiner shall be the Accounts Officer, for

the purposes of maintenance of Provident Fund Accounts, in respect of

the members of the service.

(3) The Examiner, Local Fund Accounts shall immediately, after

enforcement of these rules, open a personal deposit account, in the name

of the Examiner, Local Fund Accounts under "Local Self-government

Combined Common Revenue Service Personnel Provident Fund Personal

Deposit Account" in the State Bank of India (Main Branch), Puducherry.

All the Municipal Councils and Commune Panchayat Councils shall

immediately transfer the amount standing at the credit of the respective

Members of the service in various banks, to the State Bank of India 420 LA GAZETTE DE L'ETAT [PART–II

(Main Branch) and credit them into the "Local Self-Government

Combined Common Revenue Service Personnel Provident Fund Personal

Deposit Account". All sums deducted from the pay bills of the Members

of the service as provident fund deduction and other amounts relating

to the provident fund shall be credited into the abovesaid account.

(4) The Local Fund Examiner may, in consultation with the

Government, may withdraw such portion of the amount, at such intervals,

from the Savings Bank Account for investment of the said amount,

as fixed term deposit of any kind as the case may be decided by the

Government, from time to time.

(5) Any interest earned from the Savings Bank Account, viz.,

"Local Self-Government Combined Common Revenue Service Personnel

Provident Fund Personal Deposit Account" and the fixed/term deposits,

shall be credited into a separate Savings Account viz., "Provident Fund

Interest Account" to be opened in the same Bank.

(6) The savings bank account and deposits shall be in the name

of Examiner, Local Fund Account and it shall be operated by him.

(7) The Examiner, Local Fund Accounts shall pay to the credit

of the Account of a subscriber, interest at such rate as may be

determined for each year, in consultation with the Government.

(8) The orders, decisions and instructions issued by the

Government, from time to time under the General Provident Fund (Central

Services) Rules, 1960 shall mutatis mutandis be applicable to the

Members of the service.

(9) The Commissioner of the Municipality or the Commune

Panchayat shall be the sanctioning authority, for the purpose of

advances and withdrawals to the subscribers under sub-rule (1) of rule

12 of the General Provident Fund (Central Service) Rules, 1960.

40. Loans and Advances.— (1) The Commissioner of the

Municipality or the Commune Panchayat may sanction short-term and

interest free advances (except Advance of LTC) to the members of the

service from the own funds of the Municipality or Commune Panchayat,

as the case may be, subject to the eligibility, financial limit, procedures 421

PART–II] LA GAZETTE DE L'ETAT

and conditions as laid down in the relevant rules, as are, for the time

being applicable to the corresponding categories of government

employees. The amount recoverable from the Member of the service, on

account of such advance shall be remitted into the respective Municipal

or Commune Panchayat Fund.

(2) The Commissioner of the Municipality or the Commune

Panchayat may, with the approval of the Municipal Council or Commune

Panchayat Council, sanction long-term and interest bearing advances to

the Members of the service, from the own Funds of the Municipality or

Commune Panchayat. As the case may be, subject to the eligibility,

financial limit, procedures and conditions as laid down in the relevant

rules, as are, for the time being applicable to the corresponding

categories of Government employees. The amount recoverable from the

Member, of the service on account of such advance sanctioned, shall be

remitted into the respective Municipal or Commune Panchayat Fund.

41. Insurance scheme.— All the Members of the service shall be

covered under the Group Savings Linked Insurance Scheme (GSLIS) of

Life Insurance Corporation, as applicable to the employees of

Municipalities and Commune Panchayats.

42. Payment of immediate relief to the family of a Member of the

service who dies while in service.— The families of the Members of the

service, who die while in harness, may be sanctioned immediate relief by

the Commissioners of Municipalities or Commune Panchayats in

accordance with the orders, as are applicable to the corresponding

categories of government employees.

43. Age of superannuation.— Every Member of the service shall

retire on superannuation on attaining the age-limit as applicable to the

corresponding categories of employees in the Government.

44. Resignation.— Every Member of the service shall, in respect

of resignation, be governed by the provisions of the same rules, as are,

for the time being applicable to the corresponding categories or

classification of the Government servants of Government of Puducherry.

For the purpose of acceptance of resignation, the following are the

Competent Authorities:-

422 LA GAZETTE DE L'ETAT [PART–II

Cadre/Category Authority

Category I

(i) Revenue Officer

Secretary to Government

(ii) Assistant Revenue Officer Gr. I

(Local Administration) (iii) Assistant Revenue Officer Gr. II

Category II

(i) Revenue Inspector

Director,

(ii) Bill Collector Gr. I

Local Administration

(iii) Bill Collector Gr. II

Department.

(iv) Bill Collector Gr. III

45. Dismissal/removal.— Every Member of the service shall,

in respect of dismissal/removal, be governed by the provisions of the

same rules, as are, for the time being applicable to the corresponding

categories or classification of the Government servants of the Union territory

of Puducherry. For the purpose of dismissal/removal, the following are

the Competent Authorities:-

Cadre/Category Authority

Category I

(i) Revenue Officer

Secretary to Government

(ii) Assistant Revenue Officer Gr. I

(Local Administration) (iii) Assistant Revenue Officer Gr. II

Category II

(i) Revenue Inspector

Director,

(ii) Bill Collector Gr. I

Local Administration

(iii) Bill Collector Gr. II

Department.

(iv) Bill Collector Gr. III 423

PART–II] LA GAZETTE DE L'ETAT

46. Pension, Gratuity, encashment of leave and other retirement benefits.— (1) Every Member of the service shall, in respect of Pension, Gratuity and other retirement benefits, be governed by the provisions of the same rules, as are, for the time being applicable to the corresponding categories or classification of the Government servants of Government of Puducherry.

(2) The Commissioner of the Municipality or Commune Panchayat shall be the pension sanctioning Authority, for the purpose of sanctioning of pension, gratuity and other retirement benefits to the Members of the service.

47. Constitution of Pension Fund for the purpose of grant of pension, encashment of leave and other retirement benefits to the Members of the service who joined prior to 01-01-2004.— (1) A pension fund shall be constituted for the purpose of grant of pension, encashment of leave and other retirement benefits to the Members of the service who joined service prior to 01-01-2004 out of the contribution paid by the Municipalities and Commune Panchayats at such rate as may be fixed by the Government from time to time,

(2) The Examiner, Local Fund Accounts shall immediately after enforcement of these rules shall open a Personal Deposit Account in the name of the Examiner. Local Fund Accounts under "Local Self-Government Combined Common Ministerial Service Personnel Pension Fund Personal Deposit Account" in the State Bank of India (Main Branch), Puducherry.

(3) Any interest earned from the Savings Bank Account, viz., "Local Self-Government Combined Common Ministerial Service Personnel Pension Fund Personal Deposit Account" of Examiner of Local Fund Accounts" and the fixed/term deposits, shall be credited into a separate Savings Account viz., "Local Self-Government Combined Common Ministerial Service Personnel Pension Fund" to be opened in the same Bank.

(4) The Savings Bank Account and deposits shall be in the name

of Examiner, Local Fund Account and it shall be operated by him.

48. Application of New Pension Scheme.— Every Member who enters into the service on or after 01-01-2004 shall be covered by the New Pension Scheme, as are for the time being applicable to the Government Servants of the Union territory of Puducherry.

424 LA GAZETTE DE L'ETAT [PART–II

49. Delegation of powers.— (1) Notwithstanding anything contained in these rules, the Government may authorize any officer, to exercise any one or more powers vested in them and in the like manner to withdraw the same.

(2) The exercise of the powers delegated above shall be subject to such restrictions and conditions as may be prescribed and also subject to control and revision by the Government or by such officers, as may be empowered by them, in this behalf. The Government shall also have power to control and revise the acts or proceedings of any officers empowered.

50. Application of other rules.— All rules regulating the service conditions of the employees of the Government, from time to time, under any law shall be applicable to the members of this service.

51. Power to relax.— Where the Government is satisfied that if, any undue hardship is caused by these rules in any particular case, it may by order, dispense with or relax the requirement of these rules, to such extent and subject to such condition, as may consider necessary, for dealing with the case in a just and equitable manner.

(By order)

L. MOHAMED MANSOOR, Additional Secretary to Government (Local Administration).

————

GOVERNMENT OF PUDUCHERRY

LOCAL ADMINISTRATION SECRETARIAT

(G.O. Ms. No. 04/LAS/2018, Puducherry, dated 24th April 2018)

NOTIFICATION

In exercise of the powers conferred by sub-section (2) of section 113, read with sub-section (1) of section 440 of the Puducherry Municipalities Act, 1973 (Act No. 9 of 1973) and sub-section (2) of section 71, read with sub-section (1) of section 318 of the Puducherry Village and Commune Panchayats Act, 1973 (Act No. 10 of 1973), the Government hereby makes the following rules to regulate the method of recruitment, conditions of service, pay and allowances and discipline and conduct in respect of the Combined Common Ministerial Service for Municipalities and Commune Panchayats in the Union territory of Puducherry, namely:-

425

PART–II] LA GAZETTE DE L'ETAT

1. Short title and commencement.—(1) These rules may be called the Puducherry Combined Common Ministerial Service for Municipalities and Commune Panchayats (Conditions of Service) Rules, 2018.

(2) They shall come into force on and from the date of their

publication in the Official Gazette.

2. Definitions.—In these rules, unless the context otherwise

requires -

(1) "Act" means the Puducherry Municipalities Act, 1973 (Act No. 9 of 1973) or the Puducherry Village and Commune Panchayats Act, 1973 (Act No. 10 of 1973) as the case may be;

(2) "Appointed to Service" means a person, who is said to be appointed to a Service in accordance with these rules, or in accordance with the rules applicable at the time, as the case may be, he discharges for the first time, the duties of a post borne on the cadre of such service or commences the probation, instruction or training, if any, prescribed for Members thereof;

(3) "Appointing Authority" means the authority specified under rule 21 of these rules, who is empowered to make appointment for the posts included in rule 3 of these rules;

(4) "Approved candidate" means a person who is said to be an approved candidate for the Puducherry Combined Common Ministerial Service for the Municipalities and Commune Panchayats, if, his name appears in the authoritative list of candidates selected, for appointment to the aforesaid service, class or category;

(5) "Approved probationer" means a Member of the aforesaid service, class or category who has satisfactorily completed his probation and awaits appointment, as a full Member of the service, class or category;

(6) "Cadre" means the strength of a service or a part of the

service sanctioned as a separate unit;

(7) "Cadre Post" means any post specified in rule 3 and includes temporary posts carrying the same designation as that of any of the posts specified in that rule and the Scale of Pay of which is identical to that attached to the service and any other temporary post declared as Cadre Post by the Government;

426 LA GAZETTE DE L'ETAT [PART–II

(8) "Director" means the Director of the Local Administration

Department;

(9) "Direct recruit" means a person is said to be direct recruit,

when he is not already a Member of the service, to which the Direct

Recruitment is made;

(10) "Discharge of a Member of a service" means dispensing

with his service for want of a vacancy;

(11) "Duty" means, if, a person is said to be "on duty" as a

Member of the service -

(a) when he is performing the duties of a post, borne on the

cadre of such service or is undergoing the probation,

instruction or training, if any, prescribed for the service;

(b) when he is on joining time; or

authorized holidays or on casual leave taken in

accordance with the instructions regularizing such leave

issued by the Government, having been on duty

immediately before and immediately after such absence;

(12) "Full Member" means a Member of that service who has

been appointed substantively, to a permanent post, borne on the cadre

thereof;

(13) "Government" means the Government of Puducherry;

(14) "Head of Office" means the Commissioner of Municipality

or Commune Panchayat concerned as the case may be;

(15) "Head of Department" means the Director of the Local

Administration Department;

(16) "Initial recruitment" means the first recruitment and initial

appointment made to the service;

(17) "Local Fund Examiner" means an officer appointed by the

Government as Local Fund Examiner to audit the accounts of the

Municipalities and Panchayats;

427

PART–II] LA GAZETTE DE L'ETAT

(19) "Municipality" shall mean and include every Municipality, constituted under the Puducherry Municipalities Act, 1973 (Act No. 9 of 1973);

(20) "Panchayat" shall mean an Institution of self-Government constituted under the Puducherry Village and Commune Panchayats Act, 1973 (Act No. 10 of 1973) for the rural areas called "Village Panchayat" at the Panchayat Village Level and "Commune Panchayat Council" at the Commune level;

(21) "Probation" means testing of a person's conduct, work and character, before he is admitted to regular appointment or full membership of the service;

(22) "Probationer" means a Member of the service, who has not

completed his probation;

(23) "Promotion" means the appointment of a Member of any category of a service or a class of service, to a higher category of such service or class;

(24) "Recruiting Authority" shall mean the Authority Competent to recruit or select candidates for appointment to the Service, class or category, as prescribed in the Recruitment Rules;

(25) "Reversion" shall mean the reversion of a Member of a class or category of a Service to a lower class or category of such service, for want of a vacancy;

(26) "Scheduled Caste" means the list of castes notified by the

Government from time to time;

(27) "Selection Committee" shall mean the Committee mentioned

in rule 20 of these rules;

(28) "Service" means the Puducherry Combined Common

Ministerial Service for Municipalities and Commune Panchayats;

428 LA GAZETTE DE L'ETAT [PART–II

(29) "Selection Posts" means the post to which appointment is made, on ground of merit and ability, the seniority being counted where merits are approximately equal only;

3. Constitution of service and its classification.— (1) The Puducherry Combined Common Ministerial Service for Municipalities and Commune Panchayats shall consist of the following categories, namely:-

GROUP 'B'

Category I - (i) Deputy Commissioner

(ii) Assistant Commissioner

(iii) Office Manager

(iv) Assistant

(v) Stenographer (Senior Grade)

GROUP 'C'

Category II - (i) Upper Division Clerk

(ii) Stenographer (Junior Grade)

(iii) Lower Division Clerk

(2) This "The Puducherry Combined Common Ministerial Service for the Municipalities and Commune Panchayats" is constituted, by absorbing the existing officers in the Ministerial Wing in all the Municipalities and Commune Panchayats, in the categories of Lower Division Clerk, Stenographer (Junior Grade), Upper Division Clerk, Stenographer (Senior Grade), Assistant, Office Manager, Assistant Commissioner and Deputy Commissioner.

(3) With effect from the date of notification of these rules in the Official Gazette, the Officers in the categories of Lower Division Clerk, Stenographer (Junior Grade), Upper Division Clerk, Stenographer (Senior Grade), Assistant, Office Manager, Assistant Commissioner and Deputy Commissioner in all the Municipalities and Commune Panchayats, shall suo motu, be absorbed into the aforesaid service.

429

PART–II] LA GAZETTE DE L'ETAT

4. Selection post.— All the posts mentioned under rule 3 are

selection posts.

5. Creation of posts.— (1) The Government may create from time

to time as many cadre posts, as may be necessary.

(2) The Government may create temporary posts in the service and such posts shall be filled, in the same manner, as permanent posts.

6. Pay and allowances.— Every Member of the service shall be paid Pay and Allowances, as admissible, to the corresponding category/ post, in Government Service.

7. Bonus.— The Members of the service shall draw ad hoc bonus, as applicable, to the corresponding categories of Government servants.

8. Source of Funds for payment of Pay and Allowances, Bonus, etc.— The Members of the service shall draw pay, allowances, bonus, etc., from the own funds of the respective Municipality or Commune Panchayat, to which they are posted.

9. Reservation.— The reservation of posts shall be in accordance with the rules and orders issued by the Government from time to time, as applicable to Government service.

11. Disqualifications.— (l) No person, -

(a) who has entered into or contracted a marriage with a

person having a spouse living or,

(b) who having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to the said posts;

Provided that the Government may, if satisfied, that such marriage is permissible under the personal law applicable to such a person and the other party to the marriage and there are other grounds for so doing, exempt any person from the operation of this rule.

(2) No person shall be eligible for appointment to any posts,

unless he is a citizen of India.

430 LA GAZETTE DE L'ETAT [PART–II

Provided that, such person on deputation shall draw the pay, as

per the terms and conditions governing the deputation.

15. Re-employment of Pensioners.— The orders and instructions issued by the Government, regarding re-employment of pensioners, from time to time, shall be made applicable.

16. Appointment on compassionate grounds.— Notwithstanding anything contained in these rules, the Government may appoint the son or the unmarried daughter or the wife or the husband of the employee, who died in harness, while in service or retired on medical grounds from a post, subject to terms and conditions, as may be specified by Government, by a general or special order in this regard.

431

PART–II] LA GAZETTE DE L'ETAT

19. Intimation of vacancies to the Selection Committee.— Whenever vacancies arise, in respect of the posts covered under this

service, the Director of the Local Administration Department shall send necessary proposal, to the Chairperson of the Selection Committee, for

selection of eligible and suitable candidates, for filling up of the respective post.

20. Composition of Selection Committee.— (1) Selection of candidates for appointment to all the categories or cadres included in this

common service by direct recruitment or promotion shall be made by the Selection Committee consisting of the officials as follows:-

Cadre/Category Composition of the Committee

Category I

(i) Secretary to Government . . Chairman

(i) Deputy

(Local Administration).

Commissioner

(ii) Director of Local . . Member

(ii) Assistant Administration Department.

Commissioner (iii) Deputy Director (Municipal . . Member

(iii) Office Manager (iv) Assistant

Administration), Local Administration Department.

(v) Stenographer

(iv) Deputy Director (Rural . . Member (Senior Grade)

Development), Local Administration Department.

Category II

(i) Director of Local . . Chairman

Administration Department, (i) Upper Division Clerk

(ii) Deputy Director (Municipal . . Member (ii) Stenographer

Administration), Local Administration Department.

(Junior Grade)

(iii) Deputy Director (Rural . . Member

(iii) Lower Division Clerk Development), Local Administration Department.

432 LA GAZETTE DE L'ETAT [PART–II

(2) The Chairman of the Committee may co-opt any officer of

the Government to be a Member of the Selection Committee.

(3) The Selection Committee, if considers necessary, may

conduct any written test, for selection of candidates, for any post

mentioned in rule 3 of these rules.

(4) The selection made by the Selection Committee shall be

given effect to, after it is being duly approved by the Appointing

Authority.

21. Appointing Authority.— All appointments in respect of all the

posts, included under Categories I and II mentioned above, shall be made

by the Secretary to Government (Local Administration), in accordance

with the selection made by the Selection Committee.

22. Initial appointment to the Service.— (1) All initial

appointments to the service shall be made by the Appointing Authority

from a list of approved candidates. Such list shall be prepared by the

Selection Committee, in accordance with the provisions made under

these rules. Where, the candidates in such list are arranged in their order

of merit, appointments to the service shall be made in such order.

23. Medical fitness.— The direct recruits shall have to produce

before initial appointment, a medical certificate of physical fitness for

Government servants, from the Resident Medical Officer of the

Government General Hospital.

24. Prescription of Departmental Tests.— (1) The Government

may, by special or general order, prescribe any Departmental tests for any

category of posts.

(2) A person who has already commenced probation, in a

category before commencement of this order, may also be required to

pass such Departmental tests, if any, prescribed, before the end of his

probation period.

(3) The Government may, by general or special order, exempt

any class or category of persons from passing the Departmental Tests.

433

PART–II] LA GAZETTE DE L'ETAT

25. Conduct and discipline.— (1) The Members of the service

shall, in respect of conduct and discipline be governed by the Central

Civil Services (Conduct) Rules, 1964 and Central Civil Services

(Classification, Control and Appeal) Rules, 1965.

Provided that the following are the authorities for the purpose

of these rules:-

Cadre/Category Disciplinary Appellate Reviewing

Authority Authority Authority

Category I

Commissioner Director, Local Secretary to

(i) Deputy

Commissioner of the Administration Government (ii) Assistant

respective Department. (Local

Commissioner Municipality Administration).

or Commune

(iii) Office Manager (iv) Assistant

Panchayat

(v) Stenographer (Senior Grade) concerned.

Category II

Commissioner Director, Local Secretary to

(i) Upper Division

of the Administration Government Clerk

respective Department. (Local (ii) Stenographer

Municipality Administration).

(Junior Grade)

or Commune

(iii) Lower Division

Panchayat

Clerk concerned.

(2) Notwithstanding anything contained in the above-mentioned

rules, the Commissioner of Municipality/Commune Panchayat may place

any person, included in this common service under suspension.

Provided, the Commissioner shall forthwith, report to the

Disciplinary Authority/Appointing Authority, the circumstances, in

which the suspension order was made.

434 LA GAZETTE DE L'ETAT [PART–II

26. Probation.— (1) Any person appointed to this service, shall from the date on which he/she joins duty, be on probation for a period of two years on duty.

Provided that, the Government may extend the period of

probation for a further period of one year.

Provided that a person who has already commenced probation in a category, before the commencement of these rules shall complete his/ her probation.

Provided further that, any decision for extension of a probation period shall be taken ordinarily within eight weeks, after the expiry of the previous probationary period and communicated in writing to the concerned officer, together with the reasons, for doing so within the said period.

(2) On completion of the period of probation or any extension thereof, officers shall, if considered, fit for permanent appointment, be retained in their appointments, on regular basis and be confirmed in due course against the available substantive vacancies, as the case may be.

(3) If, during the period of probation or any extension thereof, as the case may be. Government is of the opinion that an officer is not fit for permanent appointment, Government may discharge or revert the officer to the post held by him, prior to his appointment in the Service, as the case may be.

(5) In respect of other matters relating to probation, the Members of the Service will be governed by the rules applicable to Government employees and instructions issued by the Government in this regard, from time to time.

27. Date of Commencement of Probation of person appointed or promoted temporarily.— If, a person who is appointed or promoted temporarily is subsequently appointed thereto, it shall be open to the Appointing Authority to allow such person to commence his probation, 435

PART–II] LA GAZETTE DE L'ETAT

28. Training and Departmental test.— Every person appointed to any category of posts, may be required to undergo any training or test or both for any specific period relating to Ministerial Cadre either during the probation period or after the probation period.

If, the Appointing Authority is satisfied that the probationer is suitable for full membership, he shall pass an order declaring him to be an approved probationer.

436 LA GAZETTE DE L'ETAT [PART–II

Provided further that if, a common direct recruitment was made

in respect of any category of posts mentioned under rule 3, then the

relative seniority of all such direct recruits shall be determined by the

order of merit list, in which they are selected for appointment, on the

recommendations of the Selection Committee.

31-A. Determination of relative seniority of direct recruits and

promotees.— The principles as laid down by the Government and

general instructions issued by the Government, from time to time, shall

be applicable.

32. Promotion.— Every promotion to a class or category of service

to which promotion should be made on the ground of merit and ability,

seniority being taken into account, only where merit and ability are

approximately equal, shall be made only from a promotion panel drawn

up by the Selection Committee.

33. Leave.— (1) (a) Every Member of the service shall in respect

of leave, leave allowance and encashment of leave, be governed by the

same rules and orders, as are for the time being applicable corresponding

to the category or classification of Government servants of the Union

territory of Puducherry.

(b) Every such Member shall, in addition, be eligible to casual

leave in accordance with the rules or orders applicable to

Government Servants from time to time, The Commissioner of the

Municipality or Commune Panchayat shall be the authority

competent to sanction casual leave.

(2) In granting leave of all kinds (except Study Leave) or leave

allowances the powers exercisable by the Head of the Department/

Offices under the CCS (Leave) Rules, 1972 shall be exercised by the

Commissioner of the Municipality or Commune Panchayat, as the case

may be. In the case of grant of Study Leave, sanction of the Government

shall be obtained.

34. Postings and transfers.— (a) A Member of the service may be

required to serve in any of the Municipalities or Commune Panchayats.

437

PART–II] LA GAZETTE DE L'ETAT

(b) All transfers and postings shall be made by the following

Authorities:-

Cadre/Category Authority

Category I

(i) Deputy Commissioner

(ii) Assistant Commissioner

Secretary to Government

(iii) Office Manager

(Local Administration)

(iv) Assistant (v) Stenographer (Senior Grade)

Category II

(i) Upper Division Clerk

Director,

(ii) Stenographer (Junior Grade)

Local Administration Department.

(iii) Lower Division Clerk

35. Joining Time.— Every Member of the service shall in respect

of Joining Time, be governed by the Central Civil Services (Joining Time)

Rules, 1979 and orders, as are for the time being applicable to the

corresponding category or classification of Government servants of the

Union territory of Puducherry. The Commissioner of Municipality or

Commune Panchayat, as the case shall be the authority competent to

allow the Joining Time as per the time-limit prescribed in the rules. In

cases of extension of joining time beyond 30 days, sanction of the

Government shall be obtained.

36. Travelling Allowance.— (1) Every Member of the service shall

in respect of claiming of travelling allowance be governed by the same

rules and orders, as are, for the time being applicable to the

corresponding category or classification of Government Servants of the

Union territory of Puducherry.

(2) The orders issued by the Government from time to time,

under Travelling Allowance rules, regulating the claims of the traveling

allowance by the Government servants, shall mutatis mutandis be

applicable to the Members of the service.

438 LA GAZETTE DE L'ETAT [PART–II

(3) The Director or any other officer duly authorized in this

behalf, shall be the controlling officer, for the purpose of admitting the

claims of traveling allowance of the Members of the service.

37. Non-entitlement of Leave Travel Concession.— The Members

of this service are not entitled for Leave Travel Concession.

38. Medical Attendance.— (1) Every Member of the service shall

in respect of reimbursement of medical expenses, be governed by the

same rules and orders, as are, for the time being applicable to the

corresponding category of classification of Government Servants of the

Union territory of Puducherry.

(2) The Director or any other officer duly authorized in this

behalf shall be the controlling officer, for the purpose of admitting the

claims for reimbursement of the medical expenses.

(3) The orders issued by the Government from time to time under

Medical Attendance Rules, prescribing the authorized Medical

Attendants, fees for consultation, etc., shall mutatis mutandis be

applicable to the Members of the service.

39. Provident Fund.— (1) Every Member of the service who has

joined the Municipal or Commune Panchayat service prior to 01-01-2004

shall, in respect of Provident Fund benefits, be governed by the

provisions of the General Provident Fund (Central Services) Rules, 1960

as are for the time being applicable to the Government servants of the

Union territory of Puducherry.

(2) The Local Fund Examiner shall be the Accounts Officer, for

the purposes of maintenance of Provident Fund accounts, in respect of

the Members of the service.

(3) The Examiner, Local Fund Accounts shall immediately, after

enforcement of these rules, open a Personal Deposit Account, in the

name of the Examiner, Local Fund Accounts under "Local Self-Government

Combined Common Ministerial Service Personnel Provident Fund

Personal Deposit Account" in the State Bank of India (Main Branch),

Puducherry. All the Municipal Councils and Commune Panchayat

Councils shall immediately transfer the amount standing at the credit of

the respective Members of the service in various Banks to the State Bank 439

PART–II] LA GAZETTE DE L'ETAT

of India (Main Branch) and credit them into the "Local Self-Government

Combined Common Ministerial Service Personnel Provident Fund

Personal Deposit Account". All sums deducted from the Pay Bills of the

Members of the service as provident fund deduction and other amounts

relating to the Provident Fund shall be credited into the above said

Account.

(4) The Local Fund Examiner may, in consultation with the

Government, may withdraw such portion of the amount, at such intervals,

from the Savings Bank Account for investment of the said amount, as

fixed term deposit of any kind as the case may be decided by the

Government, from time to time.

(5) Any interest earned from the Savings Bank Account, viz.,

"Local Self-Government Combined Common Ministerial Service Personnel

Provident Fund Personal Deposit Account" and the fixed/term deposits,

shall be credited into a separate Savings Account viz., "Provident Fund

Interest Account" to be opened in the same Bank.

(6) The Savings Bank Account and deposits shall be in the name

of Examiner, Local Fund Account and it shall be operated by him.

(7) The Examiner, Local Fund Accounts shall pay to the credit of

the Account of a subscriber, interest at such rate as may be determined

for each year, in consultation with the Government.

(8) The orders, decisions and instructions issued by the

Government from time to time under the General Provident Fund (Central

Services) Rules, 1960 shall mutatis mutandis be applicable to the

Members of the service.

(9) The Commissioner of the Municipality or the Commune

Panchayat shall be the sanctioning authority, for the purpose of

advances and withdrawals to the subscribers under sub-rule (1) of rule 12

of the General Provident Fund (Central Service) Rules, 1960.

40. Loans and Advances.— (1) The Commissioner of the

Municipality or the Commune Panchayat may sanction short-term and

interest free advances (except Advance of LTC) to the Members of the

service from the own Funds of the Municipality or Commune Panchayat,

as the case may be, subject to the eligibility, financial limit, procedures 440 LA GAZETTE DE L'ETAT [PART–II

and conditions as laid down in the relevant rules, as are, for the time

being applicable to the corresponding categories of Government

employees. The amount recoverable from the Member of the service, on

account of such advance shall be remitted into the respective Municipal

or Commune Panchayat Fund.

(2) The Commissioner of the Municipality or the Commune

Panchayat may, with the approval of the Municipal Council or Commune

Panchayat Council, sanction long-term and interest bearing advances to

the Members of the service, from the own Funds of the Municipality or

Commune Panchayat. As the case may be, subject to the eligibility,

financial limit, procedures and conditions as laid down in the relevant

rules as are for the time being applicable to the corresponding categories

of Government employees. The amount recoverable from the Member of

the service, on account of such advance sanctioned, shall be remitted

into the respective Municipal or Commune Panchayat Fund.

41. Insurance scheme.— All the Members of the service shall be

covered under the Group Savings Linked Insurance Scheme (GSLIS) of

Life Insurance Corporation, as applicable to the employees of

Municipalities and Commune Panchayats.

42. Payment of immediate relief to the family of a Member of the

service who dies while in service.— The families of the Members of the

service, who die while in harness, may be sanctioned immediate relief by

the Commissioners of Municipalities or Commune Panchayats in

accordance with the orders, as are applicable to the corresponding

categories of Government employees.

43. Age of superannuation.— Every Member of the service shall

retire on superannuation on attaining the age-limit as applicable to the

corresponding categories of employees in the Government.

44. Resignation.— Every Member of the service shall, in respect

of resignation, be governed by the provisions of the same rules, as are,

for the time being applicable to the corresponding categories or

classification of the Government servants of Government of Puducherry.

For the purpose of acceptance of resignation, the following are the

Competent Authorities:-

441

PART–II] LA GAZETTE DE L'ETAT

Cadre/Category Authority

Category I

(i) Deputy Commissioner

(ii) Assistant Commissioner

Secretary to Government

(iii) Office Manager

(Local Administration)

(iv) Assistant

(v) Stenographer (Senior Grade)

Category II

(i) Upper Division Clerk

Director,

(ii) Stenographer (Junior Grade)

Local Administration Department.

(iii) Lower Division Clerk 45. Dismissal/Removal.— Every Member of the service shall, in respect of dismissal/removal, be governed by the provisions of the same rules, as are, for the time being applicable to the corresponding categories or classification of the Government servants of Union territory of Puducherry. For the purpose of dismissal/removal, the following are the Competent Authorities:-

Cadre/Category Authority

Category I

(i) Deputy Commissioner

(ii) Assistant Commissioner

Secretary to Government

(iii) Office Manager

(Local Administration)

(iv) Assistant

(v) Stenographer (Senior Grade)

Category II

(i) Upper Division Clerk

Director,

(ii) Stenographer (Junior Grade)

Local Administration Department.

(iii) Lower Division Clerk 442 LA GAZETTE DE L'ETAT [PART–II

46. Pension, Gratuity, Encashment of leave and other retirement

benefits.— (1) Every Member of the service shall, in respect of Pension,

Gratuity and other retirement benefits, be governed by the provisions of

the same rules, as are, for the time being applicable to the corresponding

categories or classification of the Government servants of Government

of Puducherry.

(2) The Commissioner of the Municipality or Commune

Panchayat shall be the Pension Sanctioning Authority, for the purpose

of sanctioning of pension, gratuity and other retirement benefits to the

Members of the service.

47. Constitution of Pension Fund for the purpose of grant of

pension, encashment of leave and other retirement benefits to the

Members of the service who joined prior to 01-01-2004.— (1) A pension

fund shall be constituted for the purpose of grant of pension, encashment

of leave and other retirement benefits to the Members of the service who

joined service prior to 01-01-2004 out of the contribution paid by the

Municipalities and Commune Panchayats at such rate as may be fixed by

the Government from time to time.

(2) The Examiner, Local Fund Accounts, shall immediately after

enforcement of these rules shall open a Personal Deposit Account in the

name of the Examiner, Local Fund Accounts under "Local Self-Government

Combined Common Ministerial Service Personnel Pension Fund Personal

Deposit Account" in the State Bank of India (Main Branch), Puducherry.

(3) Any interest earned from the Savings Bank Account, viz.,

"Local Self-Government Combined Common Ministerial Service Personnel

Pension Fund Personal Deposit Account" of Examiner of Local Fund

Accounts" and the fixed/term deposits shall be credited into a separate

Savings Account viz., "Local Self-Government Combined Common

Ministerial Service Personnel Pension Fund" to be opened in the same

Bank.

(4) The Savings Bank Account and deposits shall be in the name

of Examiner, Local Fund Account and it shall be operated by him.

443

PART–II] LA GAZETTE DE L'ETAT

48. Application of New Pension Scheme.— Every Member who

enters into the service on or after 01-01-2004 shall be covered by the

New Pension Scheme, as are for the time being applicable to the

Government Servants of the Union territory of Puducherry.

49. Delegation of powers.— (1) Notwithstanding anything

contained in these rules, the Government may authorize any officer, to

exercise any one or more powers vested in them and in the like manner

to withdraw the same.

(2) The exercise of the powers delegated above shall be subject

to such restrictions and conditions as may be prescribed and also

subject to control and revision by the Government or by such officers,

as may be empowered by them, in this behalf. The Government shall also

have power to control and revise the acts or proceedings of any officers

empowered.

50. Application of other rules.— All rules regulating the service

conditions of the employees of the Government, from time to time, under

any law shall be applicable to the Members of this service.

51. Power to relax.— Where the Government is satisfied that if,

any undue hardship is caused by these rules in any particular case,

it may by order, dispense with or relax the requirement of these rules,

to such extent and subject to such condition, as may consider necessary,

for dealing with the case in a just and equitable manner.

(By order)

L. MOHAMED MANSOOR,

Additional Secretary to Government

(Local Administration).

online publication at "http://styandptg.puducherry.gov.in" Published by The Director, Government Press Printed at: Government Central Press, Puducherry. Posted at: Puducherry HPO on every Tuesday