TWAD Board Act and Regulations
TWAD Board Act and Regulations
TWAD Board Act and Regulations
Corrected up to 31.12.2011
INDEX
REGULATIONS, 1972.
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THE CHAIRMAN, THE MANAGING DIRECTOR
AND THE NON- OFFICIAL DIRECTORS OF THE
TAMIL NADU WATER SUPPLY AND DRAINAGE 175 – 177
BOARD
(QUALIFICATIONS, TERMS OF OFFICE, PAYMENT
OF TRAVELLING ALLOWANCE AND OTHER
TERMS AND CONDITIONS OF SERVICE) RULES
7 TAMIL NADU WATER SUPPLY AND DRAINAGE
BOARD ( ASSOCIATION OF PERSONS WITH THE
178 – 180
BOARD AND APPOINTMENT OF PERSONS OF
COMMITTEES) REGULATIONS, 1971.
ARRANGEMENT OF SECTIONS.
SECTIONS:
CHAPTER I
PRELIMINARY
1. Short title and Commencement
2. Definitions.
CHAPTER II
6. Term of office and conditions of service of the Chairman, the Managing Director
and the non official Directors.
CHAPTER III
11A. Common service cadre for employees of Board and the Madras Metropolitan
Water Supply and Sewerage Board.
CHAPTER IV
CHAPTER V
CHAPTER VI
21. Publication of approval of the draft scheme in the Tamil Nadu Government
Gazette
24. Power of Government to direct the Board to prepare and execute any scheme
25. Power of the Board to agree or refuse to prepare and execute the scheme
CHAPTER VII
28. Transfer of assets and liabilities of the Public Health Engineering and Municipal
Works Department to the Board
30. Transfer of officers and staff of Public Health Engineering and Municipal Works
Department to the Board.
33. Government to credit the leave salary and pensionary contributions in respect of
the officers and servants transferred to Board’s Service.
CHAPTER VIII
FINANCE, ACCOUNTS AND AUDIT.
39. Estimates of income and expenditure of the Board to be laid annually and
considered before the Board.
CHAPTER IX
CHAPTER V
MISCELLANEOUS
55. Emergency powers of Managing Director
56. Powers Managing Director as to institution composition etc, of legal proceedings
and obtaining legal advice.
CHAPTER XI
Received the assent of the President on the 24th March 1971, first published in
the Tamil Nadu Government Gazette, Extraordinary on the 25th March 1971
(Chaitra 4 1893).
An Act to provide for the establishment of Water Supply and Drainage Board
and the regulation and development of drinking water and drainage in the State of
Tamil Nadu except the Madras Metropolitan Area.
CHAPTER I
PRELIMINARY
1. Short title and Commencement.- 1. The Act may be called the “Tamil
Nadu Water Supply and Drainage Board Act 1970’
(2) It shall come into force on such date as the Government may, by
notification, appoint
(1) “Board” means the Tamil Nadu Water Supply and Drainage Board
constituted under section 4
(4) “ Director” means the Director of the Board and includes its Chairman
and Managing Director:
(5) “Drainage” means the device for carrying off sewage, offensive
matter, polluted water, waste water, rain water or sub-soil water:
(6) “Government” means the State Government:
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CHAPTER II
(a) a Chairman;
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(i) Finance;
(ii) Health, Indian Medicine and Homeopathy and Family Welfare;
(iii) Municipal Administration and Water Supply;
(iv) Public Works;
(v) Rural Development;
(d) the Managing Director. Madras Metropolitan Water Supply and Sewerage
Board, ex-officio;
(g) a person with wide experience in the field of public health engineering
with reference to water supply drainage or disposal of industrial waster who is not
employed by the Government or a local authority or a corporation owned on
controlled by the Government.
(2) The Chairman, the Managing Director, the Joint Managing Director, the
Finance Director and the Engineering Director shall possess such qualifications as
may be prescribed. The Directors other than those referred to in clauses (d) (e) and
(f) of sub-section (1) shall be appointed by the Government.
(3) If for any reason the Director referred to in clause (d) of sub-section (1)
is unable to attend any meeting of the Board , he may depute any officer subordinate
to him to attend such meeting. The officer so deputed shall have the right to take part
in the discussions of the Board, but shall not have the right to vote.
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(2) Any Director may resign his office by giving notice in writing to the
Government, but he shall continue in office until his resignation is accepted by the
Government.
(a) has been sentenced for any offence involving moral turpitude, such sentence
not having been reversed;
(b) is an undischarged insolvent;
(c) is of unsound mind;
(d) is an officer or servant of the Board;
(e) has directly or indirectly, by himself or by any partner, employer or employee,
any share or interest in any contract or employment with, by or on behalf of, the
Board;
(2) A person shall not be disqualified under clause (e) or clause (f) of sub-section
(1) or be deemed to have any share or interest in any contract or employment within
the meaning of those clauses, by reason only of his, or the incorporated company of
which he is a Director, Secretary, Manager, or other officer, having a share or interest
in -
(ii) any agreement for the loan of money or any security for the payment of
money only;
(iii) any newspaper in which any advertisement relating to the affairs of the
Board is inserted.
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(iv) The occasional sale to the Board, if the sum paid as consideration does not
exceed two thousand rupees in any one year, of any article in which he or the
incorporated company regularly trades.
(3) A person shall not also be disqualified under clause (e) or clause (f) of sub-
section (1) or be deemed to have any share or interest in any incorporated company
which has any share or interest in any contract or employment with, by or on behalf
of, the Board, by reason only of his being a shareholder of such company;
Provided that such person discloses to the Government the nature and extent
of the shares held by him.
Explanation.- For the purposes of clause (d) of sub-section (1), the Chairman
or the Managing Director or any Director shall not be deemed to be an officer
or servant of the Board.
8. Removal of the Chairman and other non-official Directors.- (1) If at any time it
appears to the Government that the Chairman has shown himself to be unsuitable for
his office, or has been guilty of any misconduct or neglect which renders his removal
expedient, they may, by notification remove him from office after giving him a
reasonable opportunity of showing cause.
(2) The Government may, by notification, remove any non-official Director from
office after giving him a reasonable opportunity of showing cause-
(a) If, he has, without the permission of the Board been absent from the
meetings of the Board for a period of three consecutive months reckoned from the
date of commencement of his term of office, or of the last meeting which he attended,
as the case may be, or within the said period, less than three meetings have been held,
been absent from three consecutive meetings held after the said date;
(b) If he, being a legal practitioner, acts or appears on behalf of any person
other than the Board in any civil, criminal or other legal proceedings in which the
Board is interested, either as a party or otherwise; or
(3) A non-official Director removed under any of the provisions of clauses (a)
and (b) of sub-section 2 shall unless otherwise directed by the Government be
disqualified for appointment as a Director for a period of three years from the date of
his removal.
(4) A non official Director removed under Clause (c) of sub section (2) shall not
be eligible for reappointment until he is declared by an order of the Government to be
no longer ineligible.
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CHAPTER III
Provided that the Board shall not without the previous approval of the
Government, sanction the creation of, or appoint any person to, any post the
maximum time scale of pay of which exceeds the limit prescribed by the Government
from time to time.
(a) the Managing Director may appointing, temporarily, for a period not
exceeding three months such officers or servants as may in his opinion, be required
for the purpose of this Act, and the employment of whom for any particular work had
not been prohibited by any resolution of the Board; and
(b) every appointment made under clause (a) shall be reported by the
Managing Director to the Board at its next meeting.
10. Maintaining schedule of establishment.- (1) The Board shall prepare and
maintain a schedule of establishment showing the number, designation and grades of
the officers and servants (other than the employees who are paid by the day or whose
pay is charged to temporary work), whom it consider necessary and proper to employ
for the purposes of the Act, and also the amount and the nature of the salary, fees and
allowances to be paid to each such officer or servant and contributions payable under
section 33 in respect of each officer and servant.
(2) The schedule referred to in sub-section (1) shall be revised every year before
the first May of the year and shall contain the particulars mentioned in that sub-
section, of the officers and servants of the Board employed on the 31 st March
immediately preceding.
11A. Common service cadre for employees of Board and the Madras
Metropolitan Water Supply and Sewerage Board.- Notwithstanding anything
contained in this Act or in any other law for the time being in force or in any contract
or other instrument, the Board may, with the concurrence of the Madras Metropolitan
Water Supply and Sewerage Board constituted under the Madras Metropolitan Water
Supply and Sewerage Act, 1978, establish common service cadres and service
conditions for the staff employed by either Board and thereupon such staff shall be
liable to be posted or transferred to the service of either Board;
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CHAPTER IV
Provided that the Board shall meet atleast once in three months.
(2) The Chairman or in his absence, the Managing Director shall preside at a
meeting of the Board.
(3) All questions at any meeting of the Board shall be decided by a majority of
the votes of the Directors present and voting and in the case of an equality of votes,
the Chairman or in his absence the Managing Director presiding, shall have and
exercise a second or casting vote.
Provided that the number of persons so associated shall not be more than four.
(2) The Board may invite any person to offer his views on any subject
discussed at any meeting of the Board.
(3) A person associated with the Board under sub-section (1) or invited for a
discussion under sub-section (2) for any purpose shall have the right to take part in the
discussions of the Board relevant to that purpose, but shall not have the right to vote
at a meeting of the Board.
14. Appointment and functions of Committees.- (1) The Board may, from time to
time, appoint Committees consisting of such number of persons as it may think fit for
the purpose of discharging such duties or performing such functions, and on such
terms and conditions as may be prescribed by regulations.
(2) The Chairman or such other person as he may nominate in this behalf shall be
the President of the Committee and the Committee shall observe such rules of
procedure in regard to transaction of business at its meetings as may be prescribed by
regulations.
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(a) of any vacancy or defect in the constitution of the Board or the Committee; or
(c) of any defect or irregularity in such act or proceeding not affecting the merits
of the case.
CHAPTER V
(i) investigating the nature and type of schemes that can be implemented in
the area of any local authority for the provision of drinking water and drainage
facilities.
(iii) executing such schemes under a phased programme for the provision of
drinking water and drainage facilities within the areas of local authorities to which
such schemes relate;
17. General powers of the Board.- The Board shall, for the purpose of
carrying out its functions under this act, have the following powers namely:-
(i) to acquire and hold such movable and immovable property as it deems
necessary and to lease, sell or otherwise transfer any such property subject to such
conditions as may be prescribed.
(ii) to acquire under the Land Acquisition Act, 1894 (Central Act 1 of 1894)
any land or any interest therein required by the Board for implementing any scheme;
(iii) to incur expenditure and undertake any work in any area in the State for
the preparation and execution of such schemes as it may consider necessary for the
purpose of carrying out the provisions of this Act, or as the case may be, the
functions entrusted to it by the Government;
(v) to do all things necessary for the purpose of carrying out the provisions of
this Act
CHAPTER VI
ways and means by which the cost of the scheme is proposed to be borne by such
local authority.
20. Approval of the scheme by the Government.- As soon as may be, after the
submission of the draft scheme under sub-section (3) of section 19, the Government
shall within such time as may be prescribed, either approve the said draft scheme or
approve it with such modifications, as they may consider necessary or return the said
draft scheme to the Board to modify the draft scheme or to prepare a fresh draft
scheme in accordance with such directions as the Government may issue in this behalf
and resubmit it to the Government for approval.
21. Order of approval of draft scheme.- (1) The Government in the case of
draft scheme the cost of which exceeds Ten crores rupees and the Board in case the
cost of the draft scheme is Ten Crores Rupees and below shall, by an order, accord
their or its approval to the draft scheme.
(2) An order issued under sub-section (1) shall be the conclusive evidence
that the scheme has been duly made and approved. The scheme shall thereupon
become final and shall be hereinafter called the “approved scheme”.
22. Execution of approved scheme by the Board.- As soon as the order under
section 21 is issued, the Board shall execute the approved scheme in the areas of the
local authority or authorities concerned.
23. Recovery of the cost of the scheme. - (1) The cost relating to the
preparation and execution of any scheme by the Board including all incidental
expenses connected therewith incurred by the Board shall be borne by the local
authorities concerned on whose behalf such scheme was prepared and executed by the
Board. In cases where the scheme was prepared and executed for more than one local
authority, the cost of such scheme shall be borne by the local authorities concerned in
such proportion as may be determined by the Board.
(2) The cost relating to the investigation, preparation and execution of any
scheme by the Board including all incidental expenses connected therewith incurred
by the Board shall be recoverable by the Board from the local authority concerned in
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such manner and in such number of installments and at such time or times as may be
prescribed.
(3) In the event of any failure on the part of any local authority to pay the cost
of the scheme to the Board, the Government shall pay to the Board, such cost or so
much thereof as is remaining due and shall recover the same from the local authority
concerned in such manner and in such number of instalments at such time or times as
may be prescribed.
(4) The Board may include in the cost of investigation, preparation and
execution of any scheme or any other work undertaken by it, the supervision and
centage charges at such rates as may be prescribed.
24. Power of Government to direct the Board to prepare and execute any
scheme.- Notwithstanding anything contained in this Act or in any other law for the
time being in force, if in the opinion of the Government, it is expedient in the public
interest to investigate, prepare and execute any scheme in any area of a local
authority, or where any local authority wilfully refuses or fails to pass any resolution
for the execution of any scheme by the Board under section 19 and such refusal or
failure in the opinion of the Government is without sufficient reasons, then, they may,
by general or special order direct the Board to investigate, prepare and execute any
scheme in any area of local authority. The provisions of sections 19 to 22(both
inclusive) shall, so far as may be, apply to the preparation and execution of the
scheme by the Board under this section. The cost relating to the investigation,
preparation, and execution of the scheme by the Board under this section shall be paid
by the Government to the Board and the same shall be recovered by the Government
from the local authority concerned in such manner and in such number of instalments
and at such time or times as may be prescribed.
25. Power of the Board to agree or refuse to prepare and execute the
scheme.– (1) In the case of schemes proposed by a local authority, the Board may
agree to prepare and execute the scheme if it is satisfied that such scheme is necessary
and feasible. The Board may refuse to prepare and execute such scheme if it is
satisfied that such scheme is either unnecessary or not feasible or that it is otherwise
unexecutable.
(2) Any local authority deeming itself aggrieved by the refusal of the Board
under sub-section (1) may, within two months from the date of receipt of the order of
such refusal, appeal to the Government who may pass such orders thereon as they
think fit and it shall be the duty of the Board or local authority to give effect to such
orders accordingly.
26. Local authority to provide adequate facilities to the Board.- It shall be the
duty of the local authority concerned to which any scheme relates to provide
necessary assistance to the Board for the proper execution of any approved scheme
within the territorial limits of such local authority.
under any law for the time being inforce and the special grade municipalities, shall
without the approval of the Board investigate, prepare or execute any scheme.
Provided that no such approval shall be necessary for any local authority to
undertake work connected with hand pump, extension of pipeline and development of
existing water sources by power pumps.
(b) for the benefit of, a local authority (being an existing authority within
the meaning of the aforesaid Act) in the said area, on and from the date on which the
assets and liabilities of such local authority are transferred under section 26 of that
Act.
CHAPVER VII
29. Transfer of property to the Board.- The Government may transfer to the
Board any building, land or other property movable or immovable for the use of, and
management by the Board on such conditions and subject to such limitations as may
be imposed by the Government.
(1) Every person who immediately before the notified date is serving in
connection with the affairs of the Department of Public Health Engineering and
Municipal Works including the office of the Chief Engineer (Public Health
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Engineering and Municipal Works) under the Government shall as from that date be
deemed to have been allotted to serve in connection with the affairs of the Board and
shall cease to be an employee of the Government:
a. been allotted to serve in connection with the affairs of the Board, and
(b) With effect on and from the date specified in the order under clause (a) the
persons specified in such order shall become employees of the Board and shall cease
to be employees of the Government.
(2) The Board shall as soon as may be after the notified date constitute
in respect of the moneys and other assets which are transferred to and vested in it
under sub-section (1) a similar fund and may invest the accumulations under the fund
in such securities and subject to such conditions, as may be specified by the Board
with the approval of the Government.
CHAPER VIII
(2) The Board may accept loans, grants, subventions, donations and gifts
from the Central or State Government or a local authority or any individual or body or
organisation whether incorporated or not for all or any of the purpose of this Act.
(3) All moneys received by or on behalf of the Board by virtue of this Act,
all proceeds of land or any other kind of property sold by the Board, all charges, all
interest, profits and other moneys accruing to the Board shall constitute the fund of
the Board.
(4) All moneys and receipts specified in the foregoing provisions and
forming part of the fund of the Board shall be deposited into the public accounts of
the Government under such detailed head of accounts as may be prescribed,
or in -
(a) the Reserve Bank of India constituted under the Reserve Bank
of India Act, 1934 )Central Act II of 1934), or
(b) the State Bank of India constituted under the State Bank of
India Act, 1955 (Central Act 23 of 1955), or
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Provided that the Board may invest any sums not required for
immediate use in such securities or debentures as may be approved by the
Government.
35. Subventions, loans and grants to the Board.- The Government may,
from time to time, make subventions, and grants or advance loans to the Board or any
local authority for the purposes of this Act on such terms and conditions as the
Government may, in each case determine.
36. Power of the Board to borrow and lend.- (1) Subject to the provisions of
this Act and the rules made thereunder and subject to such conditions as may be
specified by the Government by a general or a special order issued in this behalf by
them and with their previous approval, the Board may, from time to time, borrow
money required for the purposes of this Act by any one or more of the manners
specified below-
(a) raising loans from any Bank or other financing institutions or the Life
Insurance Corporation established under section 3 of the Life Insurance Corporation
Act, 1956 (Central Act 31 of 1956): or
(b) raising loans from any Corporation owned or controlled by the Central
or the State Government ; or
(c) raising loans from the public by issue of bonds or debentures or stocks
or otherwise in the form and manner approved by the Government.
(2) Subject to the provisions of this Act and to such conditions and
limitations as may be prescribed, the Board may out of its funds grant loans and
advances on such terms and conditions as it may determine, to any local authority for
the provision, regulation or development of any scheme relating to the water supply
and drainage.
Provided that the Government shall, so long as any such guarantees are in
force, lay before both Houses of the Legislature in every year during the Budget
session, a statement of the guarantees, if any given during the current year and an up-
to-date account of the total sums, if any, which have been paid out of the
Consolidated Fund of the State by reason of any such guarantees or paid into the said
Fund towards repayment of any money so paid out.
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(3) The holder of any debenture in any form specified under sub-section
(1) may obtain in exchange therefor a debenture in any other form specified in the
manner provided in sub-section (1) and upon such terms as the Board may determine.
(5) All coupons attached to debentures issued by the Board shall bear the
signature of the Managing Director and such signature may be engraved, lithographed
or impressed by any mechanical process.
a) a revised estimate if any, for the current year including all the
expenditure not covered in the original budget estimate, and
(2) Every such estimate shall make provision for the due fulfillment of
the liabilities of the Board, and for the efficient administration of this Act.
(3) Every such estimate shall differentiate capital and revenue funds, and
shall be prepared in such form and shall contain such details, as the Board may, from
time to time, specify.
(4) Every such estimate shall be compiled and a copy thereof sent, by post
or otherwise, to each Director atleast ten clear days before the date of the meeting at
which the estimate is to be laid before the Board.
(5) "Omitted"
(6) The Board shall consider every estimate so laid before it and shall
approve the same, either without modifications or with such modifications as it may
think fit, subject to the guidelines and instructions, if any issued by the Government,
from time to time, in this regard. (Vide Board’s
Lr.No.18814/Estt(Per)/A1/2006/Dated. 26.8.2010).
41. Supplementary estimate.- (1) The Board may, at any time, during the year
for which any estimate has been sanctioned, cause a supplementary estimate to be
prepared and laid before it at a special meeting.
(2) The provisions of sub-section (3), (4) and (6) of section 39 shall apply to
every supplementary estimate.(Vide Boards’s Lr.No.18814/Estt(Per)/A1
/2006/Dated.26.8.2010)
42. Repayment of loans by the Board. - Every loan taken by the Board
shall paid by the Board within the period agreed upon by the Board by such of the
following methods as may be approved by the Government, namely -
(a) from a sinking fund established under section 43 in respect of the loan:
(d) partly from the sinking fund established under section 43 in respect of
the loan, and partly from money borrowed for the purpose; or
(e) from any other source, with the prior permission of the Government.
43. Establishment and maintenance of sinking and other funds.- The Board
may constitute a sinking fund, depreciation reserve fund and a development fund in
such manner and in such form as may be prescribed by regulations. Such funds shall
be invested in such manner as may be determined by the Board with the approval of
the Government.
44. Annual reports statistics and returns. - (1) The Board shall, as soon as
may be after the end of each year, prepare and submit to the Government before such
date and in such form as may be prescribed a report giving an account of its activities
during the previous year and the report shall also give an account of the activities, if
any, which are likely to be undertaken by the Board in the next year and the
Government shall cause every such report to be laid before the state Legislature as
soon as may be after it is received by the Government.
(2) The Board shall furnish to the Government at such times and in such
form and manner as may be prescribed or as the Government may direct, such
statistics and returns and such particulars in regard to any proposed or existing
scheme as the Government may from time to time require.
45. Accounts and Audit.- (1) The accounts of the Board shall be maintained
in such manner and in such form as may be prescribed by regulations. The Board
shall prepare an annual statement of accounts in such form as may be prescribed.
(2) The accounts of the Board shall be audited once in a year by such
auditor as the Government may appoint in this behalf.
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(3) The auditor appointed under sub-section (2) shall, in connection with
such audit, have such rights, privileges and authority as may be prescribed and in
particular, the right to demand the production of books, accounts, connected vouchers
and other documents and to inspect any of the offices of the Board.
(4) The Secretary shall cause the report of the auditor to be printed and
forward a printed copy thereof to each Director and shall bring such report before the
Board for consideration at its next meeting.
(5) The Board shall remedy, forthwith, any defects or irregularities that
may be pointed out by the auditor and submit a report thereon to the Government.
46. Remuneration of Auditor.- The Board shall pay to the said auditor such
remuneration as it may decide.(Vide Board’sLr.No.18814/Estt(Per)/A1/2006
/dated.26.8.2010).
(a) cause the accounts of the Board together with the audit report thereon
forwarded to them under sub-section (1) to be laid annually before the State
Legislature; and
48. Powers to write off irrecoverable amount.- The Board may write off any
amount whatsoever due to it, whether under a contract or otherwise or any sum
payable in connection herewith, if, in its opinion, such amount of sum is
irrecoverable;
Provided that the Board shall before writing off any such amount or sum
exceeding twenty-five thousand rupees, obtain the sanction of the Government.
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CHAPTER IX
(b) removes any mark set up for the purpose of indicating any level or
direction necessary to the execution of works authorised by this Act or any rule or
regulation made or scheme sanctioned thereunder.
51. Penalty for breach of the provisions of the Act, etc. - Whoever
contravenes any of the provisions of this Act or of any rule or regulation or scheme
made or scheme sanctioned thereunder, shall if no other penalty is provided for such
contravention, be punishable -
(a) with fine which may extend to one hundred rupees ; and
52. Prosecution and trial of offence. - (1) No court shall take cognizance of
any offence punishable under this act or any rule or regulation or scheme made
thereunder unless complaint of such offence is made by the Board or any officer
authorised by it in this behalf within six months next after the commission thereof.
*According to clause (a) and (c) of sub-section (3) of section 3 of the Code of
Criminal Procedure, 1973 (Central Act 2 of 1974), any reference to a Magistrate of
the first class shall be construed as a reference to a Judicial Magistrate of the first
class and any reference to a Presidency Magistrate shall be construed as a reference to
a Metropolitan Magistrate with effect on and from 1st April 1974; Provided, however
that any reference to a Judicial Magistrate of the first class shall, by virtue of section 3
(2) (a) of the Tamil Nadu References to Magistrates in laws (Special Provision )Act,
1980 (Tamil Nadu Act 33 of 1980), be construed as a reference to a District Munsif-
cum-Judicial Magistrate exercising the powers of a Judicial Magistrate of the first
class.
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53. Arrest of offenders. - (1) Any police officers not below the rank of a head
constable, may arrest any person who commits in his presence, any offence against
this Act or any rule or regulation or scheme made thereunder, if the name or address
of such person be unknown to him and if such person on demand declines to give his
name or address, or gives a name or address which such officer has reason to believe
to be false.
(2) No person so arrested shall be detained in custody after his true name
and address are ascertained or for any longer time than is necessary for bringing him
before a magistrate and in no case shall such detention exceed twenty-four hours from
the time of arrest without the orders of a magistrate.
Provided that nothing contained in this sub-section shall render any such
person liable to any punishment provided in this Act, if he proves that the offence was
committed without his knowledge, or that he exercised all due diligence to prevent the
commission of the offence.
CHAPTER X.
MISCELLANEOUS.
55. Emergency Powers of Managing Director. - The Managing Director
may, in cases of emergency, direct the execution of any work or the doing of any act
which requires the sanction of the Board if the immediate execution or the doing of
which is, in his opinion, necessary for the service or safety of the public and may also
26
direct that the expenses of executing the work or of doing the act shall be paid from
the funds of the Board:
Provided that -
(a) he shall not act under this section in contravention of any direction of
the Board or the Government prohibiting the execution of any particular work or the
doing of any particular act;
(b) he shall report the action taken by him under this section and the
reasons therefor to the Board at its next meeting and shall also submit a copy of his
report to the Government and the Board or the Government may issue, such directions
as it or they may deem fit on such report.
(b) compound any offence against this Act or any rules or regulations made
thereunder which, under any law for the time being in force or the rule prescribed by
the Government, may lawfully be compounded;
(c) admit, compromise or withdraw any claim made under this Act or any
rules or regulations or schemes made thereunder; and
(d) obtain such legal advice and assistance as he may, from time to time,
think it necessary or expedient to obtain, or as may be desired by the
Board to obtain, for any of the purposes referred to in the foregoing
clauses of this section, or for securing the lawful exercise or discharge
of any power or duty vested in or imposed upon the Board or any
Officer or servant of the Board.
3) The exercise of any power delegated under sub-section (1) or sub-section (2)
shall be subject to such restrictions and conditions as may be specified in the order and
also to control and revision by the Government or by such officer as may be
empowered by the Government in this behalf or as the case may be by the Board or
such officer as may be empowered by the Board in this behalf.
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4) The Government or the Board, as the case may be, shall also have the
power to control and revise the act or proceedings of any officer so empowered.
58. Power of the Government to issue orders and directions to the Board or
local authorities:- The Government may issue to the Board or to the local authority
concerned such orders and directions as in their opinion are necessary or expedient for
carrying out the purposes of this Act and the Board or such local authority, as the case
may be, shall give effect to all such orders and directions.
59. Duties of police officers:- (1) It shall be the duty of every police officer-
(a) to co-operate with the Board for carrying into effect and enforcing the
provisions of this Act or any rule or regulation or scheme made thereunder;
(c) to assist the Board or any officer or servant of the board reasonably
demanding the aid of such police officer for the lawful exercise of any power vesting
in the Board or any such officer or servant under this Act or any rule or regulation or
scheme made thereunder.
(2) Any police officer who omits or refuses to perform any duty imposed
on him by this Act, shall be deemed to have committed the offence under section 10
or under section 44 of the Tamil Nadu District Police Act, 1859 (Central Act XXIV of
1859).
60. Adjudication of disputes between the Board and local authorities.- (1)
when a dispute exists between the Board and one or more than one other local
authority or among local authorities in regard to any matter arising under the
provisions of this Act, and the Government are of the opinion that the parties are
unable to settle it amicably among themselves, they may take cognizance of the
dispute and decide it themselves.
(2) The decision of the Government thereon shall be binding on the Board
and the local authorities concerned and shall not be liable to be questioned in any
Court of law.
61. Effect of other laws.- (1) The provisions of this Act shall be in addition
to and not in derogation of any other law for the time being in force, regulating any
of the matters dealt with in this Act;
Provided that nothing in this Act shall be deemed to prevent the local
authority from discharging its duties in regard to the making, altering, repairing or
renewing any water course or other work in respect of any area within the jurisdiction
of that local authority under any law for the time being in force.
28
(2) Save as otherwise provided in this Act the provisions of this Act shall
have effect notwithstanding anything inconsistent therewith contained in any other
law for the time being in force or any custom, usage or contract or decree or order of a
court or other authority.
62. Notice of suit against Board, etc.- No suit shall be instituted against
the Board, or any Director, or any officer or servant of the Board, or any person
acting under the direction of the Board, or of the Chairman or Managing Director or
of any officer or servant of the Board, in respect of any act done or intended to be
done under this Act or any rule or regulation or scheme made thereunder until the
expiration of sixty days next after written notice has been delivered or left at the
Board’s office or the place of abode of such officer, servant or person, stating the
cause of action, the name and place of abode of the intending plaintiff, and the relief
which he claims, and the plaint must contain a statement that such notice has been so
delivered or not.
63. General power of the Board to pay compensation.- In any case not
otherwise expressly provided for in this Act, the Board may pay reasonable
compensation to any person who sustains damage by reason of the exercise of any
of the powers vested by or under this Act in the Board or the Chairman or the
Managing Director or any officer or servant of the Board.
2) The magistrate shall record and consider any cause which such person
may show and if the magistrate, after making such inquiry as he may think fit, is
satisfied that such person is liable to pay compensation, may direct that compensation
to such amount as he may determine, be paid by such person to the Board.
68. Power of entry.- (1) The Managing Director or any person either
generally or specially authorized by the Managing Director in this behalf may, with
or without assistance of workmen, enter into or upon any land, in order –
(e) to mark such levels, boundaries and lines by placing marks and cutting
trenches;
(f) to place and maintain pipes, drains and other installations upon, along,
across or under any land; or
Provided as follows:-
(c) sufficient notice shall, in every instance, be given even when any
premises may otherwise be entered without notice, to enable the inmates of any apartment
appropriated to women to remove themselves to some part of the premises where their
privacy will not be disturbed.
(d) due regard shall always be had, so far as may be compatible with the
exigencies of the purpose for which the entry is made to the social and religious usages of the
occupants of the premises entered
30
(2) No suit or other legal proceeding shall lie against the Government, the
Board or any Committee thereof, for any damage caused or likely to be caused by
anything which is, in good faith, done or intended to be done in purusuance of this
Act or of any rule or order or scheme made thereunder.
70. Officers and servants of the Board to be public servants.- All officers
and servants of the Board, and any person entrusted with the execution of any function
under this Act, shall be deemed to be public servants within the meaning of section 21 of
the Indian Penal Code (Central Act XLV of 1860).
71. The Board to be a local authority under central Act I of 1894 and
Central Act IX of 1914.- The Board shall be deemed to be a local authority for the
purposes of the Land Acquisition Act, 1894 (Central Act 1 of 1894), and the Local
Authorities Loans Act, 1914 (Central Act IX of 1914).
CHAPTER XI
72. Power to make rules.- (1) The Government may make rules for the
purpose of carrying into effect the provisions of this Act
(b) the qualifications for appointment of, and the grant of leave of absence
to, the Chairman the Managing Director, the Joint Managing Director, the Finance
Director and the Engineering Director of the Board.
(c) the term of office and the terms and conditions of service of the
Chairman, the Managing Director, the Joint Managing Director, the Finance Director,
the Engineering Director and the non-official Directors including the payment of any
honorarium or sitting fees for attending the meetings of the Board and any other
31
allowances and the manner of filling casual vacancies in the offices of the non-official
Directors of the Board;
(e) the conditions of the acquisition, transfer, etc, of any property by the
Board;
(f) the time-limit within which the resolutions of the local authority, for the
preparation, execution, etc., of schemes by the Board will have to be passed and
communicated to the Board;
(g) the time-limit within which the approval of the Government to the draft
schemes prepared and forwarded by the Board, will have to be given;
(h) the manner in which and the number of instalments and the time or times
at which, the cost of the schemes shall be recovered;
(j) the mutual relationship of the Board and other local authorities in any
matter in which they are jointly interested;
(l) the condition and limitations for the grant of loans and advances by the
Board to the local authorities;
(m) the form in which the reports of the Board will have to be prepared by
the Board and the form and manner and the time-limit for the submission of statistics
and returns by the Board to the Government;
(n) the rights, privileges and authority of auditors appointed under this Act;
(o) the manner in which the accounts of the Board will have to be
published.
(3) All rules made under this Act shall be published in the Tamil Nadu
Government Gazette, and unless they are expressed to come into force on a particular
day, shall come into force on the day on which they are so published.
(4) Every rule made under this Act shall, as soon as possible after it is
made, be placed on the table of both Houses of the Legislature, and if, before the
expiry of the session in which it is so placed or the next session both Houses agree in
making any modification in any such rule or both Houses agree that the rule should
not be made, the rule shall thereafter have effect only in such modified form or be of
no effect, as the case may be, so however, that any such modification or annulment
shall be without prejudice to the validity of anything previously done under that rule.
32
(5) All regulations made under this Act shall be published in the Tamil Nadu
Government Gazettee and unless they are expressed to come into force on a particular
day, shall come into force on the day on which they are so published.
R. RAMASUBRAMANIAM
Secretary to Government, Law Department.
33
drainage facilities to urban and rural areas alike has been engaging the attention of the
Government for quite some time past. At present, matters connected with drinking
water supply and drainage schemes are being dealt with by several Departments. The
Government considered that for effective planning and execution of drinking water
and drainage schemes, it was essential that these were brought under the purview and
water supply and drainage schemes. Accordingly, the Government constituted the
Tamil Nadu Water Supply and Drainage Board to achieve the above object.
resources from financing institutions and in the open market, with a view to providing
drinking water and drainage facilities to urban and rural areas in the State of Tamil
Nadu within the shortest possible time. The Bill provides for the constitution of an
autonomous Tamil Nadu Water supply and Drainage Board to be entrusted with
powers and functions to investigate, prepare and execute water supply and drainage
The provisions of the Bill are explained in detail in the notes on clauses.
M. Karunanidhi
Chief Minister.
34
36
1. Short title and commencement:- (a) These regulations shall be called “The
Tamil Nadu Water Supply and Drainage Board Service Regulations, 1972”.
(b) They shall be deemed to have come into force on the 14th of April 1971.
2. Application:- (1) These Regulations shall apply to the holders of all the
posts under the Board (other than those employed occasionally or subject to discharge
without notice) whether temporary or permanent except to the extent otherwise
expressly provided:-
(a) by or under any orders for the time being in force: or(b) in respect of any
member of the Board Service by a contract or agreement subsisting between such
member and the Board.
(3) The Board may by notification, with the previous, sanction of the
State Government, exempt wholly or in part from the operation of these regulations,
the holder of any post or the holders of any class or category of posts.
(i) “The Act” means the Tamil Nadu Water Supply and Drainage Board
Act, 1970.
(ii) “Board” means the Tamil Nadu Water Supply and Drainage Board.
35
(a) When he is performing the duties of a post borne on the cadre of such
service or is undergoing the probation, instruction on training prescribed by the Board
for such service:
(8) “Full member” of a service means a member of that service who has been
appointed substantively to a permanent post borne on the cadre thereof:
(9) “Member of the Service” means a person who has been appointed to the
service of the Board and who has not retired or resigned, been removed or dismissed,
been substantively transferred or reduced to any other category or class or reverted to
Government service or been discharged otherwise than for want of vacancy. He may
be a probationer, an approved probationer or a full member in the Board’s Service.
36
(10) “Military duty” means, the duty declared as such from time to time by the
Government of Tamil Nadu.
(12) “Probationer” in the Board’s service means a member of that service who
has not completed his probation.
(15) “War Service” means such service as has been recognized as war service
from time to time by the Government of Tamil Nadu.
4. Classification of Services.- The Services under the Tamil Nadu Water Supply
and Drainage Board shall be classified as Class I, Class II, Class III and Class IV as
detailed below:
Class I - All Officers the minimum of whose scale of pay is Rs.1,150 or above.
Class II - All Officers the minimum of whose scale of pay is Rs.750 and above and
less than Rs.1,150 and these posts specifically classified by the Board as
such.
37
Class III - All staff the minimum of whose scale of pay is Rs.350 or above and less
than Rs.750 and also those posts specifically classified by the Board as
such.
Class IV - All other posts whose scale of pay is below Rs. 350 specifically classified
by the Board as such.
5. Constitution.- (a) The following services shall be constituted for the officers
and servants of the Board.-
II. Tamil Nadu water Supply and Drainage Board Engineering Service.
IV. Tamil Nadu water Supply and Drainage Board Ministerial Service.
(B.P.Ms.No. 141, dt. 4.3.86)
VI. Tamil Nadu water Supply and Drainage Board Accounts Service.
VII. Tamil Nadu water Supply and Drainage Board accounts Subordinate
Service (B.P.Ms.No. 321, dt. 2.7.84).
VIII. Tamil Nadu water Supply and Drainage Board General Subordinate
Service.
II. Tamil Nadu water Supply and Drainage Board Engineering Service.
Category.- 1. Chief Engineer.
2. Superintending Engineer.
3. Executive Engineers (including Deputy Chief Engineer)
4. Assistant Executive Engineers.
(B.P.Ms.No.124, dt.6.4.1988)
40
38
IV. Tamil Nadu water Supply and Drainage Board Ministerial Service:-
Category:- 1. Superintendents
2. Managers
3. Office Assistants
4. Assistants.
5. Confidential Stenographer
6. Upper Division Stenographer (Camp Clerk to
Chief Engineer)
7. Junior Assistants
8. Typists including Steno-typists
9. Store keepers.
10. Receptionist-cum-Telephone Operator
13. Programmer
14. Console Operator } B.P.(Ms).No.7 Estt.(per)
dt.9.1.08
Category:- 1. Daffedar
2. Basic Servants and
3. Basic workers including watchman, Lascars, Gardeners and
Sweepers.
40
39
VI. Tamil Nadu water Supply and Drainage Board Accounts Service:-
(B.P.Ms.No. 321, dated 2.7.84)
VII. Tamil Nadu water Supply and Drainage Board Accounts Subordinate
Service:- (B.P.Ms.No. 321, dated 2.7.84)
VIII. Tamil Nadu water Supply and Drainage Board General subordinate
Service.-
Category. 1. Driver including Jeep, Van, Lorry, Rigs and tractor Driver;
and
2. Record Clerk.
IX. Tamil Nadu water Supply and Drainage Board Mechanical Subordinate
Service:- (B.P.Ms.No. 141, dated 4.3.1986)
7. Turner
8. Welder Grades I and II
9. Smith
10. Machinist
11. Tinker
12. Auto Electrician
13. Painter
14. Tool Room Attender
15. Tool keeper
16. Drilling Supervisor
17. Driller
18. Assistant Driller; and
19. Air Compressor Operator including Air
Compressor Mechanic.
6. Cadre.- The permanent cadre strength of each class, category and grade of the
Board Service shall be fixed by the Board. The necessity or otherwise for permanent
retention of temporary posts will as a rule, be examined by the Board after a period of
five years from the date of creation of the post concerned.
(i) the proportion or order in which the vacancies may be filled by persons
recruited direct and by promotes shall be as may be prescribed by the Board.
(ii) nothing in this regulation shall adversely affect any person who on the
date of issue of these regulations was a probationer in such class of service, category
or grade, as the case may be.
(a) The unit of selection for appointment for the purpose of this regulation
shall be one hundred of which eighteen shall be reserved for the Scheduled Castes and
Scheduled Tribes and thirty one shall be reserved for the Backward Classes and the
remaining fifty one shall be filled on the basis of merit.
(b) The claims of members of the Scheduled Casts and Scheduled Tribes and
the Backward Classes shall also be considered for the fifty one appointments which
shall be filled on the basis of merit; and where a candidate belonging to a Scheduled
Castes, Scheduled Tribes or a Backward Classes is selected on the basis of merit the
number of posts reserved for Scheduled Castes and the Scheduled Tribes or for
Backward Classes, as the case may be, shall not in any way be affected.
(c) Appoints under this regulation shall be made in the order of rotation as
prescribed by the Government of Tamil Nadu from time to time.
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41
9. Mode of Recruitment.- The Board shall notify all vacancies for posts to be
filled up by direct recruitment to the local employment Exchange as provided for in
the Employment Exchanges (Compulsory Notification of Vacancies) Act 1959
(Central Act No. 31 of 1959) and the rules made thereunder. If the local Employment
exchange is unable to sponsor the required number of qualified and eligible
candidates and gives a certificate to that effect, the Board shall advertise the
remaining vacancies in at least one English daily newspaper and one Tamil Daily
newspaper having wide circulation in the area. The selection of candidates shall be
made from among the candidates sponsored by the Employment Exchange and or
who responded to the advertisement as the case may be. The selection shall be made
by a Selection Committee to be constituted by the Board consisting of the Chairman,
the Managing Director and one more member to be nominated by the Board.
(B.P.Ms.No. 401, dated 28.9.76). The Chairman shall be the Chairman of the
Selection Committee so constituted shall function for one year from the date of its
constitution. The Board may direct the Selection Committee to make the selection on
the results of a written examination or interview or of both as it considers suitable.
The lists of candidates selected and arranged in the order of preference for a Class I
Service shall be submitted to the Board for approval. All appointments by direct
recruitment shall be made only from the list thus approved by the Board. In case the
Board disagrees with the recommendations of the Selection Committee, the Board
shall cause the matter to be referred back to the Selection Committee for
reconsideration in the light of the views expressed by the Board. The Selection
Committee’s recommendations shall be final for posts in Class II and Class III and
appointments by direct recruitment to the classes made with reference to the
recommendations of the Selection Committee be reported to the Board for
information.
will select and appoint the candidates in respect of the post of Executive Engineers.
In respect of Superintending Engineers, the Managing Director will made his
recommendations to the Board for selection, and based on the selection by the Board
he will issue appointment orders. (B.P.Ms.No. 320, dated 1-.9.98). The appointment
of Chief Engineer of the Board will be made subject to the approval of the
Government.
(5) No appeal shall lie against the decision of the Selection Committee in
regard to direct recruitment. All appeal shall however, lie to the Board for
appointments made by promotion on the basis of the recommendations of the
Selection Committee and the Board shall dispose of such appeals on merits and its
decision shall be final. With regard to appointment by promotion approved by the
Board, a revision shall lie to Government.
11. (a) Candidates included in more than one approved list:- Where a
candidate’s name has been included in the list of approved candidates for more than
one class or category of service, the appointing authority who proposes, to appoint
such a candidate first shall require him to elect the class or category of service to
which he wishes to be appointed. On such selection, the candidate’s name shall be
removed from the list of approved candidates for the class or category of service or
services to which he does not wish to be appointed.
(b) An approved candidate for any class or category of service who joins
the Armed Forces in connection with the National Emergency before he is appointed
to the class or category for which he has been selected or a person who while on such
military duty is selected and included in the list of approved candidates for
appointment to a class or category of service under the Board, shall be appointed to
such class or category on his due turn with effect from the date on which he would
have been so appointed but for his absence on military duty. With effect from the
date on which he is so appointed, he shall be entitled to count the period of his
military duty towards probation in his post under the Board. He shall be deemed to
have entered the time scale applicable to the post with increments which he shall be
eligible in the time scale applicable to the post with effect from the same date. The
military duty shall count for increments to which he shall be eligible in the time-scale
in the same manner in which they would have been admissible, if he had not taken up
the military duty. On discharge from military duty, he shall within a period of six
43
months from the date of such discharge, take up his post under the Board, and
thereafter, undergo such portion of the period of probation as remain after counting
the period of military duty under the sub-regulation. He shall also undergo such
training and pass such tests as may have been prescribed in these regulations for the
said post within a period equal to the prescribed period of probation or such other
period as may have been prescribed in these regulations from the date of joining the
post after discharge from military duty.
Provided that the time – limit of six months referred to in this sub-
regulation shall not apply to a person who is wounded while on military duty or as a
result of such duty is otherwise rendered unfit to take up his post within that time. he
may take up his post after he is declared on medical examination to be fit for duty,
within a period of two years or such further period as may be granted by the
appointing authority from the date of his discharge from military duty.
(b) Office of the Chief engineer, Circle, Division and Subordinate offices,
Tamil Nadu water Supply and Drainage Board.
case may be, from the list of approved candidates or as the case may be from the list
to probationers or approved probationers by an order of that authority. In the case of
approved probationer, such order shall be passed after observing the prescribed
procedure mentioned in the Discipline and Appeal Regulations. An approved
candidate, a probationer or an approved probationer whose name has been removed
from the list of approved candidates or as the case may be from the list of
probationers or approved probationers by an order so passed by the competent
authority shall not be eligible for appointment against on the basis of the inclusion of
his name in the same list.
Competent Authority.- For the purposes of the above Regulation, the competent
authority shall be the Managing Director in the case of Board’s Secretariat, the Chief
Engineer, TAmil Nadu water Supply and Drainage Board for the office of the Chief
Engineer, Tamil Nadu Water Supply and Drainage Board and the Superintending
Engineers concerned for Circle Offices.
15. Transfers.- All officers and servants of the Board are subject to transfer
from the Board’s Secretariat to the unit between the Units and from any unit to the
Board’s Secretariat. All such transfers and postings shall be made by the authority
competent to order such transfers or by the authority to whom powers are delegated.
(b) A candidate who has rendered war service shall be eligible for
appointment to posts for which the minimum general educational qualification
referred to in clause (a) above has been prescribed, if he has appeared for the
Secondary School Leaving Certificate Examination of the State and has been declared
eligible for the college course.
NOTE:- An employee in regular service who does not possess the minimum general
educational qualification but who is certified by the competent authority to be
deserving of appointment as full member or promotion or transfer from one post to
another in the same class of service or from one class of service to another, shall be
deemed to possess the minimum general educational qualification if he appears for the
examination of the S.S.L.C. standard conducted by the Tamil Nadu Public Service
45
Scheduled Other
castes and Commu
scheduled nities.
Tribes
17. General conditions for appointment.- (a) No person shall be eligible for
appointment to any class of service by direct recruitment unless he has attained the
age of 18 years on the first day of July of the year in which the selection for
appointment is made and satisfies the Board or the Selection Committee or the
appointing authroity, as the case may be.
(i) that he is of sound health, active habits and free from any bodily defect
or infirmity unfitting him for such service.
(ii) that his character and antecedents are such as to qualify him for such
service; and
(iii) that such person does not have more than one living wife/husband.
(b) A candidate for appointment to a post under the Tamil Nadu Water Supply
and Drainage Board must be.-
(v) a Tibetan refugee who came over to India before the 1st, January 1962
with the intention of permanently settling in India; or
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48
(vi) a person of Indian origin who has migrated from Pakistan, Burma,
Ceylon or any of the East African countries of Kenya, Uganda or the United Republic
or Tanzania (formerly Tanganyika and Zanzibar) with the intention of permanently
settling of India.
Provided that a candidate belonging to categories (iii), (iv), (v) and (vi) shall be
a person in whose favour a certificate of eligibility has been given by the Government
of Tamil Nadu and if he belongs to category (vi) the certificate of eligibility will be
issued for a period of one year, after which such a candidate will be retained in
service subject to his having acquired Indian Citizenship.
(c) The upper age limit prescribed in these regulations shall not apply:-
(d) In the case of a candidate who has rendered war service the period of his
war service shall be excluded in computing his age for appointment. Such person
shall, if invalidated from war service be entitled to deduct from his age the period
from the time when he was invalidated upto the 1st April 1946.
47
19. Appointment.- (1) Appointment to the posts specified in column (1) of the table
below shall be made by the methods specified in the corresponding entries in
48
50
THE TABLE
(2) (a) Appointment to the categories specified in column (1) of the Table
below shall be made by the methods specified in the corresponding entries in column
(2) thereof:-
(b) The post of Chief Engineer, Superintending Engineers, and Executive Engineers
including Deputy Chief Engineers shall be selection posts and promotions to these
posts shall be made on grounds of merit and ability, seniority being considered only
where merit and ability are approximately equal.
(ii) So far as suitable and qualified candidates are available out of every four
vacancies successively arising other wise than substantively among Assistant
Executive Engineers, the first three vacancies shall be filled or reserved to be filled by
recruitment by promotion from among the Assistant Engineers of the Tamil Nadu
Water Supply and Drainage Board Engineering Subordinate Service:-
1 Possessing the B.E. Degree and who have rendered not less than five
years of service.
(A) Junior Engineers of the Tamil Nadu Water Supply and Drainage Board
Engineering Subordinate Service having put in not less than 10 years of
service.
(B) Junior Engineers of the Tamil Nadu Water Supply and Drainage Board
Engineering Subordinate Service promoted from the rank of Draughtsman in
the same service with U.S. or L.C.E. or L.S.E. Diploma of College of
Engineering, Guindy or State Board of Technical Education and Training,
Madras or a pass in sections A and B of A.M.I.E (India) Examination having
put in not less than 15 years of service or with L.S. qualification having put in
not less than 18 years of service.
(C) Draughtsman, I Grade and Head Draughtsman of the Tamil Nadu water supply
and Drainage Board Engineering Subordinate Service possessing the Upper
Subordinate or L.C.E. Diploma of the College of engineering, Guindy or
L.C.E. or L.S.E of the State Board of Technidal Education and Training,
Madras or a pass in Sections A and B of the A.M.I.E (India)Examination
(D) Draughtsman, I Grade and Head Draughtsman of the Tamil Nadu Water
Supply and Drainage Board engineering Subordinate Service with L.S.
qualification having put in not less than 18 years of service out of which
atleast one year must have been spent on out-door field work.
52
54
(3) (a) Appointment to the categories specified in column (1) of the Table below
shall be made by the method specified in the corresponding entries in column (2)
thereof:-
III. TAMIL NADU WATER SUPPLY AND DRAINAGE BOARD
ENGINEERING SUBORDINATE SERVICE
(b) Promotion to the posts of Head Draughtsman and Draughtsman Grade I, II and
III shall be made on ground of merit and ability, seniority being considered only
where merit and ability are approximately equal.
(4) Appointment to the categories specified in column (1) of the Table below
shall be made by the methods specified in the corresponding entries in column (2)
thereof.
Note.- The seniority of a person in the category of Assistant appointed from the
category of typists or steno-typists, shall be determined by the date of his regular
appointment as Junior Assistant. A confidential stenographer is eligible for
appointmen5 as Assistant, if he is otherwise qualified and suitable for such
appointment.
(5) Typists including Steno- Direct recruitment and for special reasons
typist recruitment by transfer from any other service.
(5) Appointment to the categories specified in Column (1) of the Table below
shall be made by the methods specified in the corresponding entries in column (2)
thereof.
(6) Appointment to the categories specified to column (1) of the table below shall be
made by the method specified in the corresponding entries in column (2) thereof.
(7) Appointment to the categories specified in Column (1) of the Table below
shall be made by the method specified in Column (2) thereof.
(8) Appointment to the categories specified in Column (1) of the table below shall be
made by the methods specified in the corresponding entries in column (2) thereof.
(10) Work Inspector Grade-II i. Recruitment by transfer from any other service;
including Head Mazdoor or
ii. Direct recruitment
(1) Junior Water Analyst i. Recruitment by transfer from any other service;
including Laboratory or
Assistant and Chemist. ii Direct recruitment
(9) Appointment to the categories specified in column (1) of the Table below shall be
made by the method specified in the corresponding entries in Column (2) thereof.
20. Appointing Authority.- The appointing authorities for the categories and posts
mentioned in Column (1) of the Table below shall be the authorities specified in the
corresponding entry in Column (2) thereof.
Provided that the Board shall not without the previous approval of Government
appoint any person to any post the maximum salary of which exceeds one thousand
and six hundred rupees.
TABLE
1. Secretary Board
1. Chief Engineers under the Board Board with the previous approval of
Government.
6. Municipal Engineers of all grades Managing Director with the previous approval
of Government.
4. Draughtsman, Grade-I, II and III Deputy Chief Engineer, Tamil Nadu water
Supply and Drainage Board in respect of
appointments in the Office of Chief Engineer,
Tamil Nadu water Supply and Drainage
Board.
5. Assistant Draughtsman Superintending Engineer, Tamil Nadu water
Supply and Drainage Board concerned in
respect of appointment in his Circle.
7.Work assistant including Technical Chief Engineer, Tamil Nadu water Supply
Assistant. and Drainage
Board.
8. Water Works Superintendent Chief Engineer, Tamil Nadu water Supply
including Electrical superintendent. and Drainage
Board.
(i) Office of the Tamil Nadu Water Supply and Drainage Board Secretariat.
(ii) Office of the Chief Engineer Tamil Nadu Water Supply and Drainage Board
U.D. Stenographer (Camp Clerk to Chief Engineer, Tamil Nadu water Supply
Chief engineer) and Drainage Board.
Assistants, Junior Assistants, Typists Deputy Chief Engineer, Tamil Nadu water
including Steno-typists. Supply and Drainage Board.
Store – keepers, Junior Assistant, First appointment and transfer within the
Typists including Steno-typists and division – Executive Engineer concerned.
Works Clerk Appointment of full members, promotion and
transfer from one division to another –
Superintending Engineers concerned.
Daffedars, Basic Servants, Basic Secretary, Tamil Nadu Water Supply and
Workers including Watchman, Drainage Board
Lascars, Gardeners and Sweepers in
the office of the Tamil Nadu water
Supply and Drainage Board
Secretariat.
Office of the Chief Engineer, Tamil Senior Deputy Chief Engineer Tamil Nadu
Nadu Water Supply and Drainage Water Supply and Drainage Board.
Board.
Office of the Executive Engineer and Executive Engineer Tamil Nadu Water
Assistant Executive Engineer Tamil Supply and Drainage Board. (B.P.Ms.No.
Nadu Water Supply and Drainage 141, dated 4.3.1986)
Board.
70 68
Drivers and Record Clerks in the Office of Secretary, Tamil Nadu Water Supply
the Tamil Nadu Water supply and Drainage and Drainage Board.
Board Secretariat.
Office of the Chief Engineer, Tamil Nadu Senior Deputy Chief Engineer, Tamil
Water supply and Drainage Board. Nadu water Supply and Drainage
Board.
4. Mechanic Grade-I
5. Mechanic Grade-II
6. Rewinder
7.Assistant Rewinder
10.Smith
11. Machinist
12. Tinker
13 Auto Electrician
14 Painter
16 Tool keeper
TABLE
Category Method of
(1) appointment Qualification
(2) (3)
1. Chief Engineer By promotion from Must possess a degree in Engineering
the Superintending (Civil or Mechanical) of an University or
Engineer of Institution, Recognized by University
Category 2. Grants Commission for the purpose of its
grant.
2. Superintending By Promotion from Must possess a degree in Engineering
Engineer. Executive Engineers (Civil or Mechanical) of an University or
of Category 3 Institutuion, recognised by University
Grants Commission for the purpose of its
grants and one should have put in not less
than 5 years of service as Executive
Engineer for promotion to higher post, of
which at least 2 years should have been in
Project Formulation scheme or Design or
office work.
(B.P.Ms.No. 124, dated 6.4.88) B.P.Ms.
No 548, dated 5.12.1984)
3. Executive By promotion
Engineer i) Must be approved probationer in
the service as Assistant Executive
Engineer.
ii) Must have rendered service as
Assistant Executive Engineer for
not less than-
(a) Five years if recruited by
transfer, or
(b) Six years if recruited direct; and
74
76
4. Assistant By direct
Executive recruitment (i) Must possess a degree in Engineering
Engineer (Civil or Mechanical) of any
University or Institution, recognised
by the University Grants Commission
for the purpose of its grants; Provided
that preference shall be given to
persons who have acquired Master’s
Degree in Public Health Engineering
or a Post-Graduate Diploma in Public
Health Engineering granted by any
University or Institution recognised
by the University Grants Commission
for purpose of its grant.
78
Explanations:
Note: II – In case of Assistant Engineer, Junior Engineer and Draughtsman the service
rendered by them in Madras Engineering Subordinate service, Madras Municipal
Engineering Subordinate service, the Public Health Engineering and Municipal Works
Subordinate Service shall count towards practical experience of service for the purpose of
items (i), (ii) and (iii)
77
79
5. Chief Head Recruitment by (1) Must have rendered service for not less than
Draughtsman transfer 10 years in the case of directly recruited Head
Office of the Draughtsman or Draughtsman I Grade.
Chief (2) For not less than six years in the case of
Engineer, promotees from the Lower Grade ; or
Tamil Nadu
Water Supply Must have rendered service for not less than
and Drainage 20 years in all as Draughtsman in the Madras
Board. Engineering Subordinate Service.
(B.P.Ms.No.425,dated 1.11.1977)
82
84
Explanation II. In so far as suitable candidates are available, the persons possessing the
certificate qualification in Engineering and who entered service on or before 13.12.1972
shall be considered for promotion to all grades of Draughtsman along with the persons
possessing the degree or diploma in Engineering in the ratio of one certificate holder for
every five degree or Diploma holders. (B.P.Ms.No. 89, dated 5.4.77). The amendment
shall take effect from 13.12.1972. (B.P.Ms.No. 610, dated 21.11.1980)
2. A completed S.S.L.C
issued under the Authority
of the Government of
Tamil Nadu with a pass in
“Engineering” included as
a special subject in the
bifurcated courses in
Secondary Schools; or
2. Practical experience in
Blue Printing work.
Provided that in the case of
Peons appointed as Blue
Printing Operator by
transfer the qualification in
item (1) shall be a pass in
the VIII Standard or atleast
study in that standard for
not less than one year in a
recognized school.
Explanation: Recognized School shall mean a school maintained by or opened with the
sanction of the State Government or to which recognition has been accorded by the
Director of Secondary Education, Madras under the Madras Education Rules.
NOTE: For recruitment to all the categories 1 to 9 in the Tamil Nadu water Supply and
Drainage Board Engineering Subordinate Service other things equal preference shall be
given to those borne on work-charged establishment.
85
3.
With the qualifications referred to
in Item (iii) above shall be
recruited only if candidates with
the qualifications referred to in
items (i) and (ii) above are not
available; and
8. Store – Keeper By promotion from (i) Must possess the Minimum General
Grade I Store-keeper Grade II educational qualification;
10. Store-keeper Promotion from Store- (i) Must possess the Minimum General
Grade II keeper Grade-III or if educational qualification;
no qualified and
suitable store-keeper (ii) Must have passed the Government
in that grade is Technical Examination in Book-
available for such keeping and Commercial
promotion, direct Correspondence by the lower grade;
recruitment or
recruitment by transfer (iii) Must have experience as Store-
from any other keeper Grade- III for a period of not
service. less than 5 years;
11. Store-keeper By direct recruitment (i) Must possess the Minimum General
Grade-III or for special reasons educational qualification;
recruitment by transfer
from any other (ii) Must have passed the Government
service. Technical Examination in Book-
keeping and Commercial
Correspondence by the lower grade;
The amendment hereby made shall be deemed to have come into force on the 14 th April
1971)
Nothing contained in these amendments shall adversely affect the persons already in
service on the date of issue of these amendments (B.P.Ms.No. 155, dated 10.3.1986)
1. Junior Accounts Directrecruitment (i) Must have passed the final examination
Officer of the Institute of Chartered or Cost
and Works Accountants of India;
The amendments in respect of Divisional Accountants shall be deemed to have come into
force on the 1st July 1972, in respect of Accounts Officers shall be deemed to have come
into force on the 16th June 1976 and in respect of Junior Accounts Officers shall be
deemed to have come into force on the 17th May 1978, (B.P.Ms.No. 321, dated 2.7.1984)
10. Work Inspector Recruitment by Must have passed the certificate in the trades
Grade II including transfer or by ITI Draftsman Civil or Mechanical Course or
Head Mazdoor direct Fitter Mechanic.
recruitment
99
11. Helper By direct (i) Must have passed VIII Standard in the
recruitment. recognised School.
(ii) Must possess ITI certificate in the trade
concerned.
14. Boring Mechanic Recruitment by (i) Certificate of competency for head Fitter
transfer or by granted by Board of Examiner, Madras;
direct or
recruitment
(ii) Practical experience in boring in various
strata with various tools and plants for a
period of not less than three years.
NOTE: For the purpose of recruitment, promotion, and seniority all posts under the
maintenance and operation branch in each circle shall be separate unit.
102
1. Driver including By promotion or (i) Must possess the license for driving Heavy
Jeep Van, by recruitment Vehicles in the case of Lorry, Rig and
Lorry, Rig and by transfer Tractor and Light Vehicle in the case of
Tractor Driver. Car, Van and Jeep.
(ii) Must have experience in driving a motor
Vehicle for a period not less than 3 years;
And
(ii) Must have worked as cleaner or Basic
Servant for a period of not less than three
Years.
(iv) Must not have completed 28 years of age
in the case of candidates belonging to
other communities and 33 years of age in
the case of candidates belonging to
Backward Classes, Scheduled Castes and
Scheduled Tribes.
2. Record Clerk Direct (i) Must have completed S.S.L.C., and
recruitment
(ii) Must not have completed 28 years of age in
the case of candidates belonging to other
communities and 33 years of age in the case
of candidates belonging to Backward
Classes, Scheduled Castes and scheduled
Tribes.
10. Welder Grade-II By direct (i) Must have passed VIII Standard;
recruitment or
recruitment by (ii) Must possess ITI certificate in trade
transfer. Welder; and
14. Auto Electrician Recruitment by (i) Must have passed VIII Standard in a
transfer or by direct recognised school;
recruitment
(ii) Must possess ITI certificate in the trade
Auto Electrician; and
15. Painter Recruitment by (i) Must have studied upto VIII standard in
transfer or by direct a recognised school; and
recruitment
(ii) Must have experience for a period of not
less than three years in all types of
painting works including the work of
spray gun, writing of sign Boards and
preparation of stencils.
16. Tool Room Recruitment by (i) Must possess ITI Certificate; and
Attender transfer
(ii) Must have worked as Helper in Tool
Room in the workshop in the Board or
any Diesel/Automobile workshop for a
period of not less than three years.
107
17. Tool Keeper By direct (i) Must have passed S.S.L.C. or its
recruitment equivalent; and
20. Assistant Driller Recruitment by (i) Must possess ITI certificate in the trade
transfer from of Mechanic; and
Helper
(ii) Must have worked as Helper in Rigs for
a period of not less than three years.
By direct
recruitment or by (i) D.M.E., awarded by the State Board of
transfer from any Technical Education and Training,
other category Madras or any other equivalent; or
21. Air Compressor Recruitment by (i) Must possess ITI certificate in the trade
Operator transfer or by direct of Mechanic (Automobile, Diesel and
Including recruitment Earth Moving Machinery); and
Compressor
Mechanic (ii) Must have experience in operational/
Maintenance of diesel engines for a
period of not less than one year.
NOTE: (i) The amendments made relating to Tamilnadu Water Supply and Drainage
Board Mechanical Subordinate service shall be deemed to have come into force on the 9th
August 1974.
(ii) The Amendment made relating to other services shall be deemed to have
come into force on 1st January 1977.
(iii) Nothing contained in these amendments shall adversely affect the persons
already in service on the date of issue of these amendments. (B.P.Ms.No. 141, dated
4.3.1986)
The age limit shall not apply to the appointment of a candidate belonging to the
Scheduled Castes, Scheduled Tribes or Backward Classes to a post for which a
qualification lower than a degree is prescribed, if such candidate possesses a general
educational qualification which is higher than the minimum general education
qualification and is otherwise qualified for appointment.
The age limit shall not apply to the appointment to a post included in the service of a
candidate belonging to the Scheduled Castes, Scheduled Tribes or Backward Classes,
who holds a degree which is not lower than the degree prescribed to such post and if he is
otherwise qualified for appointment.
In the case of candidate who has rendered war service, the period of his war service
shall be excluded in computing his age for appointment, Such persons, if invalided from
war service, be entitled to deduct from his age period from the time when he was
invalided upto 1st April 1946.
107
24. Age.- No person shall be eligible for appointment by direct recruitment to the
posts specified in column (1) of the Table below if he has completed the age specified
in the corresponding entry in column (2) thereof on the first day of July in which the
selection for appointment is made.-
THE TABLE
POST AGE
(1) (2)
Junior Engineer Notwithstanding anything contained in
Regulation 17(c) and (e) of TWAD
Board Service Regulations, 1972, one
must not have completed the age of 35
years in case of direct recruitment.(Vide
B.P.Ms.No.3/E(Per)/dated 13.01.2011)
Foreman (Mechanical/Electrical)
Assistant Foreman
Mechanic Grades I and II
Rewinder
Assistant Rewinder
Turner
Welder Grades I and II 28 years in the cases of
Smith candidates belonging to other
Machinist communities and 33 years in
Tinker the cases of candidates
Auto Electrician belonging to Backward
Painter Classes, Scheduled Castes and
Tool Room Attender Scheduled Tribes.
108
Drilling Supervisor
Driller
Assistant Driller.
Air Compressor Operator including
Air Compressor Mechanic
Work Assistant including
Technical Assistant
Water Works Superintendent
including Electrical Superintendent
28 years in the cases of
Fitter Grades I and II including
candidates belonging to other
Crane Operator and
communities and 33 years in
Mixer Machine Operator
the cases of candidates
Plumber
belonging to Backward
Filter Operator and Mechanic
including Filter Bed Operators Classes, Scheduled Castes and
Turn Cock Scheduled Tribes.
a) for a total period of two years on duty within a continuous period of three
years in the case of
b) for a total period of one year on duty within a continuous period of two
years in the case of –
(ii) promotees (if at the time of appointments the promotee has completed
probation in the category from which he is promoted)
109
(h) The Chief Engineer of the Board shall, however, be the competent authority
to declare the Assistant Executive Engineer to have satisfactorily completed the
prescribed period of probation and also to extend upto one year for failure to pass tests
within the period of probation.
(j) An Assistant in the office of the Chief Engineer or other subordinate offices
promoted from the category of Junior Assistants who has rendered satisfactory service
for a total period of not less than three years as Junior Assistant shall not be required to
undergo the probation.
(1) (i) Where the normal method of recruitment to any category is both by direct
recruitment and by promotion, probationers and approved probationers who were
recruited direct, shall not be discharged for want of vacancies. Other probationers and
approved probationers shall be discharged for want of vacancies in the order of
juniority.
(ii) In other cases, the probationers and approved probationers shall be
discharged for want of vacancies in the order of juniority.
(iii) The order of discharge laid down in clause (i) and (ii) may be departed
from in cases where such order would involve excessive expenditure on travelling
allowance or exceptional administrative inconvenience.
(2) Approved probationers and probationers who have been discharged for want
of vacancies shall be re-appointed as vacancies (not being vacancies which should be
filled by direct recruitment) arise, in the inverse of the order laid down in items (i) of
sub-clause (1):
Provided that the said order may be departed from in cases where such order
would involve excessive expenditure on travelling allowance or exceptional
administrative inconvenience.
(i) Suspend the probation of probationer and discharge him from the Class of
service for want of a vacancy:
or
(ii) at its discretion, by order, either extend the probation of a probationer in a
case the probation has not been extended under regulation 31 below or terminate his
probation and discharge him from service after giving him a reasonable opportunity of
showing cause against the proposed termination of probation.
(2) (i) If within the period of probation, a probationer fails to acquire the special
qualifications or to pass the special tests, if any, prescribed for the post or to acquire
such other qualifications as may be declared by the Board or by the Board or by the
appointing authority with the approval of the Board to be equivalent to the said special
qualifications or special tests, the appointing authority shall, by order discharge him
111
from the class of service unless the period of probation is extended under regulation 31
below:-
(ii) If within the period of probation prescribed in regulation 25 for the class of
service or within the extended period of probation, as the case may be, a probationer
has appeared for any such tests or for any examinations in connection with the
acquisition of any such qualifications and results of the tests or examinations for which
he has so appeared are not known before the expiry of such period he shall continue to
be on probation until the publication of the results of the tests or examinations for
which he appeared or the first of them in which he fails to pass, as the case may be.
(iii) Any delay in the issue of an order discharging a probationer under clause (i)
or clause (ii) shall not entitle him to be deemed to have satisfactorily completed his
probation.
(ii) Such probationer may, during the period on and from the date of his
discharge to the date of his restoration, be paid such pay and allowances not exceeding
the pay and allowances to which he would have been entitled if he had not been
discharged, as the authority passing the order under sub-regulation (1) or (2) may with
the previous sanction of the Board determine.
30. Probationer's suitability for full membership.- (1) At the end of the
prescribed or extended period of probation as the case may be, the appointing authority
shall consider the probationer's suitability for full membership of the class of service or
category for which he was selected.
112
(2) If the appointing authority decides that a probationer is suitable for such
membership, it shall as soon as possible issue an order declaring the probationer to
have satisfactorily completed his probation. If no such order is issued within six
months from the date on which he is eligible for such declaration, the probationer, shall
be deemed to have satisfactorily completed his probation on the date of the expiry of
the prescribed or extended period of probation. A formal order declaring the
completion of probation shall, however, be issued by the competent authority. In all
cases in which serious charges are pending and, therefore, probation cannot be
declared, the final order on probation shall be passed as early as possible and in any
case with in one month after the disposal of the charges or six months after the due date
of completion of probation whichever is later.
(3) If the appointing authority decides that the probationer is not suitable for
such membership, it shall unless the period of probation is extended under regulation
31 below, by order, discharge him from the service after giving him reasonable
opportunity of showing cause against the action proposed to be taken in regard to him.
Explanation I.- The decision of the appointing authority tht the probationer is
not suitable for full membership may be based also on his work and conduct till
the date of the decision, inclusive of the period subsequent to the prescribed or
extended period of probation.
Any delay on the part of the competent authority to declare the completion of probation
should not monetarily affect probationers and that arrears of increment should be
allowed from the date of completion of probation as a matter of course, subject to the
following conditions.:-
(1) The probation should have been declared satisfactorily, completed from the
date ordered even if the question of declaration of probation had been taken up earlier.
(4) Declaration of satisfactory completion of probation was not the result of any
relaxation of regulation.
(5) In all cases coming under items (1) to (4) above orders issued declaring the
probation or relaxing the regulations should include a specific provision in regard to
drawal of arrears of increments.
31. Extension of probation.- (a) the appointing authority may extend the period of
probation of any probationer in any of the services:-
(i) either to enable him to acquire the special qualifications or to pass the
prescribed tests; or
(ii) to enable the appointing authority to apprise and to decide whether the
probationer is suitable for full membership or not.
(b) The order extending the probation shall be issued within the prescribed period
of probation.
(c) The extended period of probation shall terminate, at the latest, when the
probationer has, after the expiry of the period of probation prescribed for the post in
which he is on probation, completed one year of duty in the post. In case where the
probation of a probationer is extended, a condition shall, unless there are special
reasons to the contrary, be attached to the order of extension of probation that the
probationer's increment shall be stopped until he is declared to have satisfactorily
completed his probation. Such stoppage of increments shall not be treated as a
penalty but only as a condition of extension of probation and shall not have the effect
of postponing future increments after he has passed the prescribed tests or after he is
declared to have satisfactorily completed his probation.
32. Officers and Servants going on leave for purpose of Study.- Candidates
who are desirous of undergoing any course of study connected with the affairs of the
Board and which is likely to enhance his usefulness as a member of the service, may
apply for Study Leave and such candidates will be eligible for extraordinary leave
without allowances only for 12 months at a time, provided that the total absence from
114
duty shall not exceed 3 years in all. Candidates who apply for leave to complete their
study soon after they join duty, may be permitted by the Managing Director, to
continue their studies and the question of granting them leave to the extent necessary be
taken up after they rejoin duty on completion of their studies. In case where a
candidate desires to undergo courses of study unconnected with the Boards affairs he
may, at the discretion of the Managing Director be granted leave to which he is eligible.
The penalty for failure to pass the test in the case of Assistant Engineers/Junior
Engineers shall be extension of probation and stoppage of increment till the test is
passed and in case of Assistant Executive Engineer the penalty is stoppage of
increment. Such stoppage of increment will not operate to postpone future increments
after the test is passed.
The penalty for failure to pass the test shall be the extension of probation. If he
fails to pass the test within the period of four years from the date of his appointment his
service shall be terminated.
(c) No employee shall be eligible for promotion to any of the posts mentioned in
column (1) of the Table below unless and until he has passed the special test specified
in the corresponding entries in column (2) thereof.-
THE TABLE
Posts Tests
(2) Office of the Chief Engineer, Tamil Nadu Water Supply and Drainage Board.
(i) All Assistants. (i) Account Test for Subordinate Officers, Part I
Explanation: This regulation will not apply to deputationist who are on service on
14th April 1971.
THE TABLE
119
(a) possesses such qualification and has passed such special tests as may be
prescribed in that behalf in these regulations: or
(b) The transfer of a person from one category of grade in a class of service
to another category or grade in the same class of service carrying the same pay or scale
of pay shall not be treated as first appointment to the latter for purpose of seniority and
the seniority of a person so transferred shall be determined with reference to the rank in
the category or grade from which he was transferred. Where any difficulty or doubt
arises in applying this sub-regulation, seniority shall be determined by the appointing
authority.
40. Probation on transfer.- (a) Where the Regulation prescribed probation for
members of a class of service appointed to a category or grade by transfer from any
other category or grade, no probation shall be deemed to be compulsory unless such
transfer involves, the assumption of duties and responsibilities of greater importance
than those attaching to the category or grade from which transfer is to be made.
Provided that the said period of six months may be extended by the
appellate authority if sufficient cause is shown for the delay in submission of the
petition.
43. Members absent from duty.- The absence of a member of a service from
duty in such class of service, whether on leave, or foreign service or on deputation or
for any other reason and whether his lien in a post borne on the cadre of such class of
service is suspended or not, shall not, if he is otherwise, fit, render him ineligible in his
turn -
(b) for promotion from a lower to a higher category in such class of service;
or
(c) for appointment to any substantive or officiating vacancy in another class
of service for which he may be an approved candidate, as the case may be in the same
manner as if he had not been absent. He shall be entitled to all the privileges in respect
of appointment, seniority, probation and appointment as full member which he would
have enjoyed but for his absence, subject to his completing satisfactorily the period of
probation on his return.
120
Provided that where more than one approved probationer is available for
such appointment as full member, the senior most approved probationer shall be
appointed.
Provided also that if the senior is on foreign service and does not within a
reasonable time revert to the service of the Board to undergo probation when asked to
do so, the junior may be confirmed in that vacancy.
45. Reduction of full members.- (a) If a full members of any class of Service,
category or grade is substantively reduced to a lower class of service, category or grade,
he shall be deemed to be a full member of the latter and the permanent cadre thereof
shall, if there is no vacancy in which he could be absorbed be deemed to be increased
by one:
(b) All transfers and postings shall be made by the appointing authority or
such other authority to whom the powers have been delegated in this regard by the
appointing authority.
(c) The authority competent to order postings and transfers of officers and
staff mentioned in column (1) of the table below shall be those mentioned in the
corresponding entries in column (2) thereof.
THE TABLE
124
49. Leave.- The authority to sanction leave to the officers and staff of the Tamil
Nadu Water Supply and Drainage Board mentioned in column (1) of the table below, shall
be those mentioned in the corresponding entry in column (2) thereof.
THE TABLE
1. Secretary
2.Deputy Secretary
3. Chief Accounts Officer Managing Director.
4. Assistant Secretary
5. Other non-gazetted staff of the Bo ard.
125
(b) Where general or special qualifications have been prescribed for holding a
post in a category and no member of the lower category from which promotion is to be
made to this category possess the prescribed qualifications, a member of the lower
category may be promoted temporarily to the higher category until a member qualified
becomes available for promotion.
(d) A person appointed or promoted temporarily under clause (a), (b) or (c)
shall not be regarded as a probationer in such category or be entitled by reason of such
appointment to any preferential claim to future appointment or promotion to such
category. The service of such a person shall be liable to be terminated by the
appointing authority at any time without notice and without any reason being assigned.
(e) There shall be paid to such person appointed or promoted temporarily the
highest of the following rates of pay.-
ii) the minimum of the time scale of the post to which he has been
temporarily appointed or promoted as the case may be; or
iii) the officiating pay which he would have drawn from time to time in the
post regularly held by him immediately prior to the temporary appointment or
temporary promotions, as the case may be.
Provided that, for the purpose of drawing pay under clause (iii) a certificate to
the effect that but for such temporary appointment or temporary promotion as the case
may be, the incumbent would have continued to officiate in the post held by him
immediately prior to the temporary appointment or temporary promotion, shall be
issued by the appointing authority for the officiating post, when the incumbent has to
be allowed an increment in the time scale of pay applicable to the officiating post the
appointing authority shall again issue a certificate to the effect that but for the
temporary appointment or temporary promotion, as the case may be the Board Servant
would have continued to act in the officiating post and drawn the increment, indicating
the date and stage of increment in the post. The Accounts Officer will regulate the
increment in the officiating posts other than in subordinate service on receipt of
certificate from the Board (B.P.Ms.No.419 dated 25.9.1975).
51. Securities.- (a) When a holder of a post is required to deposit security for
due and faithful performance of his duties, appointment to the post shall be made only
after the required security is deposited.
126
128
(b) When an employee who has furnished security takes leave other than
casual leave or is deputed to other duty the person who is appointed to officiate for him
shall be required to furnish the full amount of the security prescribed for the post.
(d) Clerk and assistants when appointed to posts the holders of which have
to deal with cash, shall deposit such security as may be prescribed.
52. Acceptance of date of birth.- (i) The date of birth of a candidate entered in
the Secondary School Leaving Certificate or Matriculation Register or in the genuine
certificates issued by recognised schools shall be taken as authentic for purpose of
appointment in the service of the Board.
ii) When the date of birth as entered in the records mentioned in clause (I)
above is not available or its genuineness is in doubt, an extract from the date of birth
register with evidence to indicate that the extract relates to the Particular individual,
issued by the Government or Local Authorities or by the Village Munsiffs attested by a
Revenue Officer not lower in rank than a Tahsildar shall be accepted.
iii) In the absence of certificate of date of birth as in clause (i) or (ii) above,
the age certificate from a Medical Officer not lower in rank than an Assistant Surgeon
in Government Hospitals, shall be accepted.
iv) In all doubtful cases of date of birth, the enquiry shall be made by an
Officer belonging to the Revenue Department not lower in rank than a Revenue
Divisional Officer. On receipt of the report of the enquiry the case shall be submitted
to the Tamil Nadu water Supply and Drainage Board for decision. The decision of the
Board shall be final (B.P.Ms.No. 143, dated 12.3.1981.
53. Alteration of date of birth.- (i) If, at the time of appointment a candidate
claims that his date of birth is different from the entered in the records mentioned in
clause (i) of Regulation 52 above, he shall make an application to the appointing
authority stating the evidence on which he relies and explaining how the mistake
occurred. The appointing authority shall cause an enquiry to be made in accordance
with the procedure laid down in clause (iv) of Regulation 52 above. On receipt of the
report of enquiry, the appointing authority shall submit the case to the Tamil Nadu
Water Supply and Drainage Board for decision and the Board's decision shall be final
(ii) After a person has entered service under the Tamil Nadu Water Supply
and Drainage Board an application to correct the date of birth as entered in the records
of the Board shall normally be entertained only if such application is made within five
years of such entry into service. Such an application shall be made to the authority
competent to make an appointment to the post held by the applicant at the time of his
application and shall be disposed of in accordance with the procedure laid down in
clause (iv) of regulation 52 above.
(iii) In doubtful cases relating t o date of birth of person born outside the
State of Tamil Nadu, who apply for appointment in the Board, or if already appointed
127
129
under the Board apply for alteration of the date of birth, the following procedure shall
be adopted.-
iv) Any application received after five years after entry into service including
the service rendered in the erstwhile Public Health Engineering and Municipal Works
Department if any shall be summarily rejected.
(B.P.Ms.No. 409 dated 10.8.1973)
vi) Resort to Medical opinion shall be made only if age cannot be established
otherwise even after enquiry.
54. Power to relax regulations.- The Board shall have powers to relax the
provision of any of these regulations.
55. Physical Fitness.- (a) Every candidate who applies for direct recruitment to
any class of service shall, when required to do so, produce a certificate of physical
fitness in the form that may be prescribed by the Board from time to time.
Provided that in the case of an approved probationer, who is not the holder
of a permanent post, the appointing authority may, if it has reason to believe that the
probationer's physical fitness has been seriously deteriorated since the production of the
medical certificate, require him to undergo a fresh medical examination.
57. Appointment by deputation and contract.- (a) The Board may obtain
servants of the Central or State Government or other statutory organisations or local
bodies on deputation for appointment under the Board and the terms of deputation of
such person or persons will be as may be agreed upon by the Board in each case, and
except in so far as they are not regulated by the terms of deputation, they will be
governed by the provisions of these regulations.
(c) The Board may also appoint any person or persons on contract on such
terms as may be considered necessary and in such cases, the conditions and
classifications of the service of such persons shall, except in so far as they are not
governed by the terms of the contract, be regulated by the provisions of these
regulations.
58. Pay, allowances, leave, leave salary, pension and other conditions of
service.- The Fundamental Rules, The Madras Leave Rules and the Manual of Special
Pay and Allowances and the Pension Code as amended from time to time in so far as
129
they may be applicable and except to the extent expressly provided in these regulations,
shall Mutatis Mutandis apply to the members of the Board Service in the matter of
their pay, allowances, travelling allowances, leave, leave salary and other conditions of
service. The powers assigned to the Board and the powers assigned to the Head of the
Department under the Fundamental Rules shall be exercised by the Chief Engineer in
the case of Engineering and other staff under his control and by the Secretary in the
case of the Board's Secretariat.
(3) While reviewing the cases of employees of the Board, the Review
Committee shall follow the norms and guidelines prescribed from time to time for
reviewing the cases of Government Servants under FR 56 (d).
(6) The decisions of the Review Committee and High Level standing
Committee are final and shall be implemented by the appropriate authority in the
Board. The orders compulsorily retiring the officer or employee of the Board on the
recommendation of the Review Committee or reinstating the officer or employee in
service on the recommendation of the High Level Standing Committee shall be issued
by the Appointing Authority.
1. Short title and application.- (a) These regulations may be called the
Tamilnadu Water supply and Drainage Board Officers’ and Servants’ Conduct
Regulations, 1972.
b) They shall apply to all persons appointed to posts in connection with the
affairs of the Tamilnadu Water supply and Drainage Board whether on duty, leave or on
foreign service.
Unless otherwise provided, these regulations shall not apply to others who
are not full-time employees but are engaged by the Board without prejudice to the
exercise of their profession.
They shall come into force on the date of their publication in the Tamil
Nadu Government Gazette.
Provided that the powers of the Board shall be exercisable even when the
employee is outside India whether on duty, leave or on foreign service.
(c) Words importing the masculine gender shall be taken to include women
also, if circumstances so require.
3. Integrity and devotion to duty.- Every officer and every servant shall at all
times maintain a very high standard of integrity, efficiency, impartiality and devotion to
duty.
(2) Every officer or servant, who is in charge of a work place, shall take
appropriate steps to prevent sexual harassment to any woman at such work
place.
(3) No officer or servant shall except with the previous permission of the
superior authority to whom he is immediately subordinate, seek an interview with any
officer other than his immediate superior in respect of any matter affecting him
personally as such officer or servant.
Omission on the part of any officer or servant to do this or any false statement
made by him a Medical Practitioner in this respect shall entail appropriate disciplinary
action.
Provided that the sanction of the Managing Director shall not be necessary
for the acceptance of-
(a) Gifts from a person other than a personal friend or relative of a value not
exceeding Rs.50 (Rupees fifty only) or ¼ (one- fourth) of the monthly emoluments
133
of the employee concerned whichever is less, on occasions other than those covered by
sub-clause (b);
(b) Gifts from the personal friend of value not exceeding Rs.200 (Rupees
two hundred only) on special occasions such as weddings, anniversaries, funerals, and
religious functions when the making or receiving of such gifts is in conformity with the
prevailing religious or social customs;
(c) Gifts from relatives without any monetary limit regarding their value on
special occasions such as wedding, anniversaries, funerals and religious functions when
the making or receiving of such gifts is in conformity with the prevailing religious or
social customs.
Explanation.- For the purpose of this sub-regulation, any trowel, key or other
similar articles offered to an employee at the laying of a foundation stone or the
opening of a public building or any ceremonial function shall be deemed to be a
gift.
(2) If any question arises whether any gift is one which can be accepted without
the permission of the Managing Director or if an employee is in any doubt whether a
gift offered to him is one which can be accepted without the permission of the
Managing Director, a reference shall be made to the Managing Director by such
employee and the decision of the Managing Director thereon shall be final.
(3) Nothing in this regulation shall be deemed to prevent any employee from
sitting, at the request of any public body, for a portrait, bust or statue not intended for
presentation to him.
(4) Employees shall not make a habitual use of vehicles and animals belonging
to persons other than a member of their family or travel free of charge in any vehicle
plying for hire.
12. Subscriptions.- (1) No officer or servant shall, except with the previous
sanction of the Managing Director of such authority as may be empowered by him in
this behalf, ask for or accept contribution to, or otherwise associate himself with raising
of, any fund in pursuance of any object whatsoever.
(2) In the case of official Flag Day collections and such other collections as
are authorised by Government, officers or servants may participate on a voluntary
basis.
(2) No employee shall make or permit his wife or any other member of his
family to make any investment likely to embarrass or influence him in the discharge of
his official duties.
(5) No employee shall, except with the previous sanction of the Managing
Director, lend money to any person possessing land or valuable property within the
local limits of his authority or at interest to any person:
(6) No employee shall, save in the ordinary course of business with a bank or
firm of standing borrow money from or otherwise place himself under pecuniary
obligation to any person within the local limits of his authority, or any other person
with whom he is likely to have official dealings nor shall he permit any member of his
family, except with the previous sanction of the Managing Director to enter into any
such transaction:
Provided that an employee may accept a purely temporary loan of small amount
free of interest from a personal friend or relative or operate a credit account with a
bona-fide tradesman.
135
(8) Employees of every class may place deposits in and purchase debentures of
the Madras Co-operative Central Land Mortgage Bank Limited, or the Madras Co-
operative Central House Mortgage Bank Limited, but shall not hold any office therein
or take any part in the management thereof.
(11) Employee of every class may take out insurance policies from, and become
members, of the South India co-operative Insurance Society Limited.
(14) The prohibition against lending and borrowing of money applies to all
loans, credits, advances, supply of articles or accommodation at unduly low rates, or for
insufficient consideration and to sales or property for inordinately low prices.
136
14. Movable, Immovable and valuable property.- (1) No employee shall except
after notice to the prescribed authority, acquire or dispose of any immovable property
by lease, mortgage, purchase, sale, gift, exchange or otherwise, either in his own name
or in the name of any member of his family:
Provided that any such transaction conducted otherwise than through a regular
or reputed dealer, shall require the previous sanction of the prescribed authority.
(2) An employee who enters into any transaction concerning any movable
property exceeding Two Thousand rupees in value, whether by way of purchase, sale or
otherwise, shall forthwith report such transaction to the prescribed authority.
(G.O.Ms.No.375, MAWS dated 9.10.97).
Provided that no employee shall enter into any such transaction except with or
through a regular or reputed dealer or agent or with the previous sanction of the said
prescribed authority:
Provided further that an employee who is about to quit the local limit of his
official authority may without reference to the prescribed authority, dispose of any of
his movable property by circulating lists of it among the public generally or by causing
it to be sold by public auction.
(c) Motor cars, motor cycles, horses or any other means of conveyance; and
(3) Every employee shall, on his first appointment to any post in connection
with the affairs of the Board, submit a return as required by sub-regulation (7) in Form
A appended to these regulations of all immovable properties owned, acquired or
inherited by him or held by him on lease or mortgage either in his own name or in the
name of any member of his family or in the name of any other person.
(4) The Board or any authority or officer empowered by it in this behalf, may,
at any time, by general or special order, require an employee to submit, within a period
specified in the order, a full and complete statement of such movable or immovable
property held or acquired by him or by any member of his family as may be specified
in the order. Such statement shall, if so required by the Board or by the authority or
officer so empowered, include details of the means by which, or the source from which,
such property was acquired.
Provided further that the prescribed authority may exercise the power to call for
property statement under this sub-regulation when a specific vigilance enquiry calls for
it. (B.P.Ms.No.227, dated 20.5.97).
(5) (a) The prescribed authority for the purposes of this regulation shall be:-
(ii) The Chief Engineer in the case of employees in his office and in the
office under his control; and
(7) Every employee other than a peon or daffedar or Record Clerk shall submit
not later than the 15th January each year, through the usual channel to the prescribed
authority, a statement in Form A appended to these regulations showing all the
immovable property of which he stood possessed or in which he had an interest at the
close of the proceeding calendar year:
Provided that, if in any year an employee has neither acquired nor relinquished
or otherwise disposed of, any immovable property, or any interest in immovable
property, he need not submit the statement referred to in this sub-regulation.
Provided further that every employee after the submission of the returns of his
assets and liabilities at intervals of five years, shall submit return of his assets and
138
liabilities annually for the last five years prior to his date of superannuation, in form-A
appended to these regulations to the prescribed authority.
Provided also that the prescribed authority shall, within two months from the
date of receipt of such returns from the employee make a review of records of
permission given after the date of submission of the previous return of his assets and
liabilities and check whether they tally with the particulars furnished in the previous
five year return or annual return, as the case may be. (B.P.Ms.No.171, dated 5.5.97).
(10) Any attempt to mislead and any failure to give full and correct information
shall render the employee concerned liable to dismissal from the service of the Board.
(13) (a) An employee shall not ordinarily be allowed to acquire land within the
local limits of his official authority. Permission for such acquisition shall be granted
only in very special circumstances.
(d) In clauses (a), (b) and (c), ‘Local limits’ mean, in the case of employees
of subordinate services other than Peons, Daffedars and Record-clerk, the area lying
under the administrative control of the Class I or Class II officer under whom he is
working and over which he can wield influence by virtue of his employment.
(e) Nothing contained in clauses (a) – (d) will apply to the acquisition of land
-including house-sites through a society registered or deemed to be registered as a Co-
operative Society under the Tamil Nadu Co-operative Societies Act, 1961 (Tamil Nadu
Act 53 of 1961) or any other law for the time being in force.
(f) Nothing contained in clause (b) shall apply in cases where the property
concerned is a house constructed or inherited by the employee (B.P.Ms.No.103, dated
21.2.81).
(14) In the case of a joint family, a junior member, who is an employee shall not
ordinarily be required to obtain sanction when immovable property is acquired by the
managing member on behalf of the family, but this exception shall not apply to any
acquisition, even though made in the name of the head of the family if it is shown that
it is really intended to be the self-acquired property of the employee.
(15) The annual return shall include all immovable property acquired or registered
in the name of the employee either on his own account or as a trustee, executor or
administrator or temple mirasdar or acquired or registered in the name of or held or
managed by, his wife or by any other member of his family living with, or in any way
dependent on him.
15. Private trade or employment.- (1) No employee shall, except with the
previous sanction of the Board, engage himself directly in any trade or business or
undertake any employment:
Provided further that an employee may with the previous sanction of the Board,
deliver lectures at Government or Quasi Government or Government Aided Academic
or Technical Institutions or at Universities for a period not exceeding one year at a time
(B.P.Ms.No.78, dated 12.2.98).
(2) No employee shall, except with the previous sanction of the Board take part
in the registration, promotion or management of any bank or company registered
under any law for the time being in force;
(3) (a) An employee shall not, without the permission of the Board, publish any
book or engage himself habitually in literary or artistic work of any kind.
(b) Permission to publish a book other than a text book or a book relating to,
or connected with the work of the employee shall ordinarily be given subject to the
condition that the employee does not use his time and official influence for promoting
the sale of copies of the book.
(d) While applying to the Board for permission to publish a book, the
employee shall submit to the Board manuscript copy thereof.
(4) No medical officer of the Board shall maintain or have any financial interest
in a private nursing home, hospital or similar establishment. Nor shall be habitually
accommodate paying patients in his own residence for more than 24 hours. He may,
however, treat patients in a private nursing home provided that the home is not reserved
for the admissions of his own cases and allows the admission of patients of any other
registered medical practitioner. This sub-regulation shall not apply to part-time
medical officers.
Provided that an employee may take part in the management of a mutual benefit
society, if he has first obtained the sanction of the Chief Engineer if he is
employed in the offices under his control and of the Managing Director, if he
is employed in the Board's Secretariat and a certificate from the above authority to the
effect that the work undertaken will be performed without detriment to his official
duties and such employee does not accept any remuneration.
(6) Employee of every class shall be at liberty to take part in the promotion of
co-operative societies, but no employee shall, except with the sanction of the Board,
141
hold office in any co-operative society or serve on any committee appointed for the
management of its affairs unless the society is composed wholly of employees of the
board or partly of employees of the Board and partly of employees of local bodies
and/or servants of a State or the Central Government.
Provided that employees of every class, may hold office in co-operative house-
building societies or serve on any committee appointed for the management of its
affairs.
(8) (a) An employee may not act as an arbitrator in any case without the
sanction of his immediate superior or unless he directed so to act by a court having
authority to appoint an arbitrator.
(b) No employee may act as an arbitrator in any case which is likely to come
before him in any shape in virtue of any executive office which he may be holding.
(11) (i) Permission to apply for or accept outside employment shall normally be
granted to a person who is on leave preparatory to retirement unless the employment is
in a trading concern in India. Permission to apply for or accept private employment in
a trading concern in India will be granted only in very exceptional cases and may be
subject to the condition of immediate retirement.
(ii) Permission to apply for or accept outside employment shall not be granted
to any other employee unless the competent authority is satisfied that his premature
resignation may be accepted without detriment to the Board’s service.
(iii) The previous approval of the Board shall be obtained in the case of
applications from persons who have been given special and expensive training at the
cost of the Board to increase their utility to the Board.
(2) An officer or servant who has been removed from service on account of
insolvency, shall not be eligible for re-employment under the Board, or any of its
subordinate offices.
Note: The above regulation shall apply to the Part-time employees of the Board.
143
18. Connection with press or radio.- (1) No officer or servant shall except with
the previous sanction of the Managing Director of the Board, own wholly or in part, or
conduct or participate in the editing or managing of, any newspaper or other periodical
publication.
(2) No officer or servant shall, except with the previous permission of at the
Managing Director of the Board, participate with or without payment in a radio
broadcast or contribute any article or publish a book or write any letter either
anonymously, pseudonymously, or in his own name, or in the name of any other person
to any newspaper or other periodical publications:
(4) The provisions of clauses (2) and (3) shall apply mutatis mutandis to the
playing of prepared "recitals" of gramophone record.
Note: The above regulation shall apply to the Part-time employees of the Board.
(i) which has the effect of an adverse criticism of any current or recent policy or
action of the Board, the Central Government or a State Government; or
(ii) which is capable of embarassing the relations between the Board, the
Government of any State, the Central Government or any foreign State:
Provided that nothing in this regulation shall apply to any statement made or
views expressed by an employee in his official capacity or in the due performance of
the duties assigned to him.
(3) An employee shall not, except in the discharge of his official duties,
preside over or take part in the organisation of or occupy a prominent position at or
address any non-official meeting or conference at which it is likely that speeches may
be made or resolutions may be proposed or passed criticising the action of the Board
144
Note: The above regulation shall apply to part-time employees of the Board.
20. Evidence before committee or any other authority.- (1) Save as provided in
sub-regulation (3) no employee shall, except with the previous sanction of the
Managing Director, give evidence in connection with any inquiry conducted by any
person, committee or authority.
(2) Where sanction has been accorded under sub-regulation (1), no employee
giving such evidence shall criticise the policy or any action of the Board or of the
Central Government or of a State Government.
Note: The above regulation shall apply to the part-time employees of the Board.
145
21. Taking part in politics and Elections.- (1) No employee shall be a member
or be otherwise associated with, any political party or any organisation which take part
in politics nor shall he take part in, subscribe in aid of or assist in any other manner any
political movement or activity.
(2) It shall be the duty of every employee to endeavour to prevent any member
of his family from taking part in, subscribing in aid of, or assisting in any other manner
any movement or activity which is, or tends directly or indirectly to be, subversive of
the Government as by law established, and where an employee is unable to prevent a
member of his family from taking part in, or subscribing in aid of, or assisting in any
other manner, any such movement or activity he shall make a report to that effect to the
Managing Director or to the Officer to whom he is subordinate.
(3) If any question arises whether any movement or activity falls within the
scope of this regulation, the decision of the Board thereon shall be final.
Provided that -
(i) an employee qualified to vote at such election may exercise his right to vote
but where he does so, he shall give no indication of the manner in which he proposes to
vote or has voted;
(ii) an employee shall not be deemed to have contravened the provisions of this
regulation by reason only that he assists in the conduct of an election in the due
performance of a duty imposed on him by or under any law for the time being in force.
Note: The above regulation shall apply to the Part-time employees of the
Board.
146
(2) No officer or servant shall, except with the previous sanction of the
Managing Director of the Board, accept from any person or body of persons
compensation of any kind for any malicious prosecution brought against him or for any
defamatory attack made on his public acts or character unless such compensation has
been awarded by a competent court.
(d) No employee shall in the discharge of his official duties, deal with any
matter or give or sanction any contract to any undertaking or any other person if any
member of his family is employed in that undertaking or under the person or if he or
any member of his family is interested in such matter or contract in any other manner
and the employee shall refer every such matter or contract to his official superior and
the matter or contract shall thereafter be disposed of according to the instructions of the
authority to whom the reference is made.
147
25. Bigamous marriages.- (1) No officer or servant who has a wife living, shall
contract another marriage without first obtaining the permission of the Managing
director of the Board, notwithstanding that such subsequent marriage is permissible
under personal law for the time being applicable to him.
(2) No woman officer or servant shall marry any person who has a wife living,
without first obtaining permission of the Managing Director of the Board.
26. Application for posts in Board's service.- (1) An employee of the State or
Central Government or of any local body or of any other institution who applies for
appointment to posts under the service of the Board shall not be eligible for
appointment if he has applied without the consent of the head of the office or
148
department of the State or Central Government or other employer, as the case may be
under whom he is employed.
(2) An employee in the service of the Board applying for a post or for transfer to
a post in another office or establishment of the Board or for appointment under any
State Government or the Government of India or other employer, shall submit his
application through the authority competent to appoint him to the post which he holds
at the time of making the application such authority shall decide whether the employee
shall be permitted to apply. In the case of an application for outside appointment, the
appointing authority shall decide whether the application may be forwarded or not and
send the case to the Board for orders, with its recommendation. In making a
recommendation in this regard, the fact that the applicant has been given special
training wholly or partly at the cost of the Board shall also be taken into consideration.
Ordinarily, applications may be forwarded unless it is considered that by so doing the
interest of Board's service are likely to suffer.
29. Saving.- Nothing in these regulations shall be deemed to derogate from the
provisions of any law, or of any order of any competent authority for the time being in
force relating to the conduct of employees of the Board.
Provided that any order made or action taken under those regulations shall be
deemed to have been made or taken under the corresponding provisions of these
regulations.
to represent officers or servants of the Board or any class of officers or servants, unless
such Association satisfies the following conditions, namely.-
(b) the Association shall not in any way be connected with any political party or
organisation or engage itself in any political activity;
(c) the Association shall be a recognised one and such recognition shall be
accorded by the Board;
(d) the Association shall not issue or maintain any publication, political or
otherwise, except with the permission of the Board;
(e) except with the previous sanction of the Board, the Association shall not
publish any representation on behalf of its members, whether in the press or otherwise;
(f) the Association shall not in any way, be connected with any election to a
Legislative body, whether in India or elsewhere or to a local authority or a body; and
(g) the Association shall not pay or contribute towards expenses of any trade
union which has constituted a fund under section 16 of the Indian Trade Union's Act,
1926 (Central Act XVI of 1926).
(b) shall not be found drunk or under the influence of liquor while attending
office or appearing in a public place. (B.P.Ms.No.479, dated 26.11.82).
150
34. Prohibition on take, abet the giving or taking of dowry.- No employee shall,
Explanation:- "For the purposes of this Regulation, dowry has the same
meaning as in the Dowry Prohibition Act 1961 (Central Act 28 of 1961).
(B.P.Ms.No.223, dated 10.8.1992).
(c) which organises any exercise, movement drill or other similar activity
intending that the participants in such activity shall use or be trained to use criminal
force of violence, or knowing it to be likely that the participants in such activity will
use or be trained to use criminal force or violence against any religious, racial, language
or regional group or caste or community and such activity for any reason whatsoever
causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of
such religious, racial language or regional group or caste or community.
(2) If any; question arises whether any organisation falls under Sub-Regulation
(1) the decision of the Board thereon shall be final. (B.P.Ms.No.223,dated 10.8.1992).
(b) shall not be found drunk or under the influence of liquor while incitements
thereto or in similar activities. (B.P.Ms.No.223, dated 10.8.1992)
(b) outside office hours or on holidays have with the prior permission of the
Managing Director. (B.P.Ms.No.223, dated 10.8.1992).
151
FORM – A
(See sub-regulations (3) and (7) of rule 14)
1. Name of Officer (in full) and service to which the officer belongs
2. Present post held
3. Date of appointment
4. Present pay
state here)
acquired
property
situated
servant
Lands
Signature…………………….
Date…………………………
Note: The declaration form is required to be filled in and submitted by every Board
sevant on first appointment to the service and thereafter at a interval of every twelve
months, giving particulars of all immovable property, owned acquired or, inherited by
him or held by him on lease or mortgage or otherwise either in his own name or in the
name of any member of his family or in the name of any person.
152
FORM – B
(See sub-relations (9) of rule 14)
When acquired,
By what means
In whose name
entertainment
registered
the Board
Remarks
inherited
Name of
in which
Name of
Property
District
Date of
interest
Nature
Extent
Office
and
of
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)
Acs. Rs.
J.S. BHANGO
Managing Director
Tamilnadu Water Supply and Drainage Board
Madras, 11th June 1973
153
REGULATIONS
1. Short title and commencement. – (a) These regulations may be called the
Tamil Nadu Water Supply and Drainage Board Employees' (Discipline and
Appeal) Regulations, 1972 .
(b) They shall come into force on and from the date of their publication in
the Gazette.
Provided that nothing in these regulations shall deprive any employee of any
right or privilege to which he is entitled to by or under any law for the time being in
force.
Provided further that in the case of employees appointed on contract, they shall,
except in so far as they are not governed by the terms of contract, be regulated by
the provisions of these regulations.
4. Definitions.- The terms used in these regulations shall have the same
meaning as in the Tamil Nadu Water supply and Drainage Board Service
Regulations.
5. Penalties.- (a) the following penalties may for good and sufficient reasons
or for any misconduct specified in regulation 6 and as hereinafter provided, be
imposed upon members of the services under the Board, namely:
(i) Censure;
154
(ii) Fine (in the case of persons for whom such penalty is permissible under
these regulations);
(iv) Reduction to a lower rank in the seniority list, to a lower post or time -
scale or to a lower stage in a time-scale;
(v) (a) Recovery from pay of the whole or part of any pecuniary loss caused to
the Board or to a local body by negligence or breach of orders;
(b) Recovery from pay to the extent necessary of the monetary value
equivalent to the amount of increments ordered to be withheld where such an order
cannot be given effect to.
(c) Recovery from pay to the extent necessary of the monetary value
equivalent to the amount of reduction to a lower stage in a time-scale ordered
where such an order cannot be given effect to.
(ix) (a) Suspension (in connection with an enquiry into grave charges against
him or when a complaint against him on a criminal offence is under investigation
or trial) to the extent considered necessary by the authority imposing the penalty.
(c) The removal of a person from the service of the Board shall not
disqualify him for future employment but the dismissal of a person from the service
of the Board shall ordinarily disqualify him from future employment under the
Board.
(ii) Striking work or deliberate slowing down of work either singly or along
with another or others in contravention of orders of any statute, law, enactment or
rule for the time being in force or as applied from time to time.
(xxiii) Insolvency
(xxvi) Conviction in any Court of Law for any criminal offence involving
moral turpitude.
(xxxii) Habitual breach of any rules or instructions for the maintenance and
cleanliness of work places.
(xxxv) Leaving one's post or duty without prior permission from higher
authorities.
7. (a) The employees of the class or category mentioned in column (l) of the table
below may be imposed with the penalties mentioned in column (2) of the said table by
the authorities mentioned in the corresponding entries in column (3) thereof and appeal
against such imposition may lie to the authorities mentioned in the corresponding
entries in column (4) thereof.
158
THE TABLE
1. Tamil Nadu Water Supply and Drainage Board Engineering and General Service
2. (i) Tamil Nadu Water Supply and Drainage Board Chief Engineers’ Office -
(ii) Tamil Nadu Water Supply and Drainage Board Engineering Service -
3. Tamil Nadu Water Supply and Drainage Board Engineering Subordinate Service -
5. Tamil Nadu Water Supply and Drainage Board General Subordinate Service and
Tamil Nadu Water Supply and Drainage Board Last Grade Service.
(c) The fact that a lower authority has imposed or declined to impose a
penalty in any case shall not debar a higher authority from exercising his jurisdiction
under this regulation in respect of the same case.
(e) The fact that a lower authority has dropped a charge against a person as
not proved shall not debar a higher authority from reviving it for reasons to be recorded
in writing and taking suitable action on the charge so revived.
(b) Where a person has been reverted or reduced from one class of service
to another, or from one division, category or grade of a class of service to another
division, category or grade thereof, no penalty shall be imposed upon him in respect of
his work and conduct while he was a member of the class of service, division, category
or grade, as the case may be from which he was reverted or reduced except by any
authority competent to impose the penalty upon a member of such class of service,
division, category or grade, as the case may be.
Provided that the requirements of this sub-regulation shall not apply where it is
proposed to impose on an employee any of the penalties aforesaid on the basis of facts
which have led to his conviction by a Court martial or where the employee concerned
has absconded or where it is for other reason impracticable to communicate with him.
proceedings, the enquiring officer will be competent to ignore the complaint and the
reasons for not complying with the request should be recorded. After the inquiry has
been completed, the person charged shall be entitled to put in if he so desires, a
further written statement of his defence. If no inquiry is held and if he had desired to
be heard in person, a personal hearing shall be given to him. In all cases where
enquiry is conducted, sufficient record of the evidence and a statement of the findings
and grounds thereof should be kept.
After the enquiry or personal hearing referred to above has been completed, and
if the authority competent to impose the penalty mentioned in that clause, is of the
opinion on the basis of the evidence adduced during the enquiry, that any of the
penalties specified therein should be imposed on an employee it shall make an order
imposing such penalty and it shall not be necessary to give the person charge any
opportunity of making representation on the penalty proposed to be imposed:
(ii) The provisions of clause (b0 shall not apply if the Board is satisfied that in
the interest of security it is not expedient to follow the procedure prescribed in that
clause.
(iii) The requirements of clause (a) or/and (b) shall not apply-
(a) When the person is a daily wage earner or casual worker or when the
post held by a temporary employee is retrenched on administrative grounds.
(d) (i) All or any of the provisions in clause (a) and (b) may in exceptional
cases, for special and sufficient reasons to be recorded in writing, be waived where
there is a difficulty in observing exactly the requirements of the clauses and those
requirements can be waived without injustice to the person charged.
(e) (i) The competent authority or the enquiry officer, as the case may be,
may in discretion give an opportunity to the accused employee to inspect any document
connected with the enquiry but excluding any confidential papers which in its opinion
shall not be disseminated but such request for inspection may for good and sufficient
reasons (which need not be recorded nor communicated) be refused partially or wholly.
The employee will not be entitled to copies of documents.
(f) The competent authority may authorise any officer in Class I or Class
II service superior service superior in rank to the employee to initiate departmental
proceedings and to hold enquiry against the employee. On the findings of that Officer,
the competent authority may award punishment or otherwise give a decision.
compulsory retirement was originally imposed, the employee shall be deemed to have
been placed under suspension by the appointing authority from the date of original
order of dismissal/ removal or compulsory retirement and shall continue to remain
under suspension until further orders.
(e) An order of suspension made or deemed to have been made under this
regulation may at any time be revoked by the authority, which made or is deemed to
have made the order or by any authority to which that authority is subordinate.
(b) If a Board’s employee is on foreign service the foreign employer shall not impose
any punishment of reduction, compulsory retirement, removal or dismissal is to be
imposed, the foreign employer shall conduct the necessary enquiry, send the complete
papers to the Board and also revert the employee to the Board's service for such
actionas is considered necessary by the Board against him.
(c) In case an employee referred to in clause (a) or (b) has to be suspended pending
enquiry, the foreign employer shall place him under suspension, but shall report
forthwith to the lending authority the circumstances leading to the suspension.
12. Record of enquiry:- (a) The authority imposing any penalty under these
regulations shall maintain a record showing-
(i) the allegations upon which action was taken against the person punished
(iii) the person's representation, if any, and the evidence taken, if any; and
(b) All orders of punishment shall also state the grounds on which they are based and
shall be communicated in writing to the person against whom they are passed.
13. Suspension pending enquiry. - The authority which may impose suspension
pending investigation of enquiry into grave charges under Regulation 10
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shall be as follows –
14. Appeal.- Every employee of the Board shall be entitled to appeal to the appellate
authority prescribed in regulation 7 as hereinafter provided against an order passed by
an authority –
15. (a) (1) Review by the Board.- An employee of the Board, in whose case the
Board has passed original orders, shall be entitled to submit within a period of two
months from the date on which the order was communicated to him a petition to the
Board for review of the order passed by it on any of the grounds specified below –
(a) that the order was not passed by the competent authority;
(d)discovery of new matter or evidence which the appellant alleges and proves
to the satisfaction of the Board, was not within his knowledge or could not be adduced
by him before the order imposing the penalty was passed; and
(2) The petition for review which does not satisfy any of the above grounds shall be
summarily rejected.
1. Orders passed by an
Executive Engineer Superintending Engineer
16. Consideration of appeals.- (1) in the case of an appeal against an order imposing
any penalty specified in regulation 5, the appellate authority shall consider.
(a) Whether the facts on which the order was based have been established
(b) Whether the fats established afford sufficient ground for taking actions;
and
Provided that-
ii) If the enhanced penalty which the appellate authority proposes to impose
anyone of the penalties specified in clauses (iv), (v) (c) (vi), (vii) of regulation 5 and an
enquiry under clause (b) of regulation 9 has already been held in the case, the appellate
authority shall make such orders as it may deem fit; and
iii) No order imposing an enhanced penalty shall be made in any other case
unless the appellant has been given a reasonable opportunity, as far as may be in
accordance with the provision of clause (b) of regulation 9 of making representation
against such enhanced penalty.
ii) the head of the department referred to in the service regulations in the
case of employees serving under the control of such head of a department or
iii) the appellate authority, within six months, of the date of the order
proposed to be reviewed or
iv) any other authority specified in this behalf by the Board by a general
or special order, and within such time as may be prescribed in such general or special
order
may at any time, either on its own motion or otherwise call for the
records of any inquiry and review any order made under these regulations, and may-
(b) confirm, reduce, enhance or set aside the penalty imposed by the
order, or impose any penalty where no penalty has been imposed ; or
(c) remit the case to the authority which made the order to any other
authority directing such authority to make such further inquiry as it may
consider proper in the circumstances of the case: or
(vi),(vii) and (viii) of regulation 5 or to enhance the penalty imposed by the order
sought to be reviewed to any of the penalties specified in those clause, no such
penalty shall be imposed except after an inquiry in the manner laid down in clauses (b)
of regulation 9.
(ii) the disposal of the appeal, where any such appeal has been preferred
(C) An application for review shall be dealt with in the same manner as if it
were an appeal under these regulation (B.P. Rt. No.359, dated 30.6.82)
18. Procedure for appeal.- Every appeal preferred under these regulations
shall contain all material statements and arguments relied on by the appellate, shall
contain no disrespectful or improper language and shall be ;complete in itself.
Every such appeal shall be addressed to the authority against whose order the appeal
is preferred.
(3) it is not preferred within one month after the date on which the appellant
was informed or was in receipt of order appealed against, and no reasonable cause is
shown for the delay, or
Provided that in every case in which an appeal is withheld the appellant shall
be informed of the fact and the reasons for it:
20. Appeals against withholding of appeals. - No appeal shall lie against the
withholding of an appeal by a competent authority.
(b) A list of appeals withheld under regulation 18 with the reasons for
withholding them shall be forwarded quarterly by the withholding authority to the
appellate authority.
24. Savings. - Nothing in these regulations shall operate to deprive any person
of any right of appeal which he would have had if these regulations had not been made,
in respect of any order passed before the date ;of coming into force of these regulations.
An appeal pending at the time when these regulations come into force shall be
deemed to be an appeal under these regulations and disposed of accordingly.
25. Memorial. - (a) Any employee (including an employee who was in the
service of the Board) whose appeal under these regulations has been rejected by the
appellate authority, may address a memorial to the Board in respect of that matter. The
memorial shall be submitted to the heal of the office to which the employee belongs or
belonged within six months from the date on which the final orders passed on appeal
was communicated to the employee. No such memorial shall be withheld by any
authority.
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(i) the memorialist has not availed himself of the remedies provided by
the regulations or orders applicable to the case:
(ii) the memorial was not submitted within the time-limit mentioned in
clause (a):
(iii) the memorial relates to a matter which has already been disposed of
by the Board.
1. These regulations may be called the Tamil Nadu Water Supply and Drainage
Board (Conduct of Meetings) Regulations, 1971.
(a) “Act” means the Tamil Nadu Water Supply and Drainage Board
Act,1970 (Tamil Nadu Act 4 of 1971);
(c) “Meeting” means the meeting of the Board whether ordinary or extra-
ordinary;
(d) “Secretary” means the Secretary of the Board appointed under section
9 of the Act.
(2) Other expressions shall have the meanings respectively assigned to them
under the Tamil Nadu Water Supply and Drainage Board Act, 1971, (Tamil Nadu Act 4
of 1971)
(3) If any doubt arises as to the interpretation of these regulations, the decision
of the Board thereon shall be final.
3. Meetings of the Board.- (1) The Board shall ordinarily meet atleast once in
three months, or more frequently, if necessary;
Provided that the Chairman may call for a special meeting of the Board at
anytime to transact urgent business or on a written requisition signed by not less than
five Directors.
(2) The Secretary shall, with the approval of the Chairman, give the
Directors not less than ten clear days notice in writing of the date, time and place of
the proposed meeting, provided that the Chairman may reduce the said period of
notice, whenever it is necessary to call for a meeting to consider any emergent
business or situation.
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(3) A notice of the meeting shall be served upon any Director either personally or
by registered post addressed to such Director:
Provided that no such notice shall be necessary in the case of a Director, who
is out of India at the time of the meeting;
4. Place of Meeting. - All the meetings of the Board shall ordinarily be held at
the headquarters of the Board. The Board may, however, have its meetings at any other
place, within the State of Tamil Nadu, as the Board may decide.
5. Agenda for the Meeting.- (1) The Secretary shall circulate a copy of the
agenda with notes, if any, after getting the approval of the Managing Director and the
Chairman, to all Directors atleast three clear days in advance of the date fixed for the
meeting; provided that no such circulation shall be necessary in respect of a emergent
business.
(2) The Secretary shall send to each Director atleast a day in advance, a copy of the
Supplementary Agenda on urgent times, if any, for the meeting approved by the
Managing Director and Chairman, together with copies of the notes on the various
subjects included therein, whenever necessary.
(3) Notwithstanding anything contained in Clauses (1) and (2), any matter not
included in the agenda for a meeting on which the decision of the Board is urgently
required, may, with the approval of the Chairman, be placed before the Board at such
meeting and the Board may consider such matter.
7. Adjournment of Meeting.- (1) The president of the meeting may, with the
consent of the Directors presents at any meeting adjourn the meeting from time to time.
(2) It shall not be necessary to give any notice of a meeting adjourned under
this regulation.
(2) Any proposal on which the decision of the Board is required may also
be circulated to the Directors and if approved by not less than one half of the total
number of Directors may be deemed to have been passed as a resolution at a meeting
174
of the Board duly convened. Such decisions shall be placed before the Board at its
next meeting for ratification.
(3) The Managing Director shall ensure that a report of any emergent action
taken by him under Section 55 of the Act is included as an item of the agenda for
ratification by the Board. The Board shall consider such report and shall ratify his
action or issue such direction, as it considers necessary.
(4) Any Director desirous of moving a proposal shall send a notice thereof
together with a brief note setting out the reasons in support of the proposal to the
Secretary atleast seven clear days in advance of the meetings, so as to enable the
proposal to be included in the agenda:
Provided that the President of the meeting may, at his discretion, allow any
such proposal to be moved in a meeting despite non-receipt of the notice therefor in
time for inclusion in the Agenda.
(5) Any point of order raised at a meeting shall be decided by the President
of the meeting whose decision thereon shall be final.
9. (1) If a poll be demanded, the names of the Directors voting and the nature
of their votes shall be recorded by the person presiding.
(2) Decisions taken by the majority of the Directors present shall be deemed to
be the decisions of the Board.
10. Persons entitled to attend the meeting.- (1) Officers and Staff of the
Board, whose presence at a meeting is considered necessary by the Chairman may
be invited to attend that meeting.
(2) The Board may take evidence or hear any person in matters concerning the
affairs of the Board.
11. Minutes of Meetings.- (1) The minutes of every meeting of the Board together
with the names of the Directors present shall be recorded and compiled by the Secretary
in an appropriate manner, subject to the approval of the Managing Director and
Chairman, a copy being communicated to each Director and to Government. Such
minutes shall be confirmed at the next meeting and signed by the Chairman at that
meeting. The minute’s book shall be open to inspection by any Director during office
hours.
(2) The Chairman shall have the powers to correct any obvious errors and
make verbal alterations in the minutes of the meeting, provided that such corrections or
alterations do not change the sense of the decision taken at the meeting and are made
prior to the confirmation of the same at the next meeting.
12. Savings.- In cases not expressly provided for in these regulations, the
decision of the President of the meeting on all matters relating to the conduct of
business at such meetings shall be final.
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1. Short title.- The rules may be called “The Chairman, the Managing Director
and the Non-Official Directors of the Tamil Nadu Water Supply and Drainage Board
(qualifications, terms of office, payment of Travelling Allowance and other terms and
conditions of Service) Rules.
The Chairman and the Managing Director shall possess the qualifications
specified against them.
5. Leave of absence.- The Board may grant leave of absence for any specified
period to the non-official Chairman or any non-official Director and may, if considered
necessary, make temporary appointments to fill such leave vacancies.
(ii) The Board shall provide a car for the use of Chairmen for official
purpose subject to a limit of 2000 Kms. Per mensem in the Head quarters. The Board
shall also provide two L.G.G.S. and a Stenographer; and
(iii) The Managing Director shall draw pay and other allowances as per
terms and conditions for his deputation prescribed by the State Government from time
to time.
(i) The Chairman and the Managing Director shall be eligible to travel by
Air within and outside the State. The other non-official Directors shall be eligible to
travel by rail in first class within the State and to travel by Air outside the State. They
shall be eligible to draw daily allowance at the rates fixed by Government from time to
time.
(ii) The Chairman and the Managing Director shall be the controlling
officers in respect of their travelling allowance bills and shall present their bills direct
for payment without counter signature. The Managing Director shall be controlling
officer in respect of the travelling allowance bills of non-official Directors.
(iii) The non-official Directors when on tour on duty shall draw the same
rates as the Managing Director.
(iv) The Managing Director may undertaken journeys for official purposes
throughout the State or outside, whenever officially necessary. A report shall be made
to the Tamil Nadu Water Supply and Drainage Board whenever such journeys outside
the State are undertaken. The Chairman may undertake tours throughout the State. No
journey outside the State shall be performed without the approval of the Board. For the
purpose of travelling allowance, the Chairman, Tamil Nadu Water Supply and
Drainage Board will be eligible to drawn Travelling Allowance and Daily Allowance at
the rate applicable to Group A officers of Government of Tamil Nadu;
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(v) The Chairman, the Managing Director and other Directors should as far
as possible complete their official work in such places within the prescribed time so
that stay at the Hotels may be restricted to the minimum extent possible. Wherever
there are Government Guest Houses, and Public Sector Houses, they should, as far as
possible stay in Guest Houses.
NOTE: a) Rule 7(i) & 7(ii) shall take effect from 17.05.78 i.e. the date of
joining of Thiru A.K. Ranganathan as Chairman, Tamil Nadu Water Supply and
Drainage Board.
T.V.Vasudevan,
Secretary to Government
Rural Development and Local
Administration Department.
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(i) "Act" means the Tamilnadu Water Supply and Drainage Board Act, 1970
(Tamilnadu Act 4 of 1971);
Provided that the sanction of the Government or the local authority concerned
shall be obtained if an officer of Government or local authority is so associated:
Provided further that the consent of the person concerned to serve on the Board
shall also be obtained.
4. Motion by Director to associate any person with the Board.- Any Director
of the Board may bring in a motion at any meeting of the Board for associating a
person with the Board under section 13 of the Act for any specific purpose.
5. Notice of the motion.- Notice of any motion suggesting that a person may be
associated with the Board for a specific purpose or purposes shall be given to the
Chairman three clear days before the meeting of the Board at which the motion is to be
considered.
(2) The Board may appoint a committee at a meeting of the Board on the
initiative of the Chairman, the Managing Director or any of the Directors of the Board
and the with the consent of the persons concerned.
(i) refer to any such Committee for inquiry and report any matter relating
to any of the purposes of the act: and
11. Notice.- Notice of any proposal suggesting that a person may be appointed
to a Committee, shall be given to the Chairman three clear days before the meeting of
the Board at which the proposal is to be considered. Every such proposal shall be
included in the agenda of the earliest meeting of the Board after the receipt of the notice
aforesaid and shall be taken up, if the proposal is moved and seconded at the time of
the meeting by two other members. Thereafter, the Board may pass a resolution
accepting or rejecting the proposal before it.
12. Sittings of the Committee.- The sittings of the Committee may be decided
by the committee itself. The Chairman or the Managing Director of the Board shall
have power to call for special meetings of the Committees. The Chairman and the
Managing Director shall have the right to participate in the deliberations of the meeting
of the Committee.
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15. Venue of the meetings.- All the meetings of the Committee shall,
ordinarily, be held at the Headquarters of the Board. The Committee may hold its
meetings at any other place within the State of Tamilnadu, as the Chairman of the
Board may decide.
Travelling allowances:
A. By Air:
(a) one standard Air fare;
(b) incidental expenses at Rs.25 for each journey
B. By Rails:
(a) Air-conditioned Class or I Class rail fare as the case may be.
(b) Incidental expenses at Rs.25 for each single journey.
Sitting Fees:- For attending meetings of the Board and attending meetings of
any Committee constituted by the Board; Rs.50/- for each day of the meeting of the
Board or the Committee.
***
1. Short title.- These rules may be called the Tamilnadu Water Supply and
Drainage Board (Investigation, Execution and Maintenance of Water Supply and
Drainage Schemes) Rules, 1973.
J.S. BHANGO,
Additional Secretary to Government.