Section 5 in The Tamil Nadu Abolition of Posts of Part-Time Village Officers Act, 1981
5. Amount to be paid on abolition of posts of part-time Village Officer.
(1)Every person who ceases to hold the post of part-time Village Officer by reason of section 3, shall be paid an amount for the total service put in by him as part-time Village Officer and such amount shall be determined in accordance with the provisions of sub-section (2).(2)The amount referred to in sub-section (1) shall be calculated at the rate of one half of the monthly emoluments for every year of total service put in by the person referred to in sub-section (1).Explanation. - For the purposes of this section,-(a)where the total service,-(i)includes a period which is a portion of a year, or(ii)is a period less than a year, the amount payable for the period referred to in sub-clause (i) or (ii), as the case may be, shall be an amount bearing to the amount payable for one year of total service, the same proportion as the said period bears to a period of one year of total service;(b)"monthly emoluments" shall mean,-(i)Honorarium;(ii)Panchayat Development Allowance, which were payable to the part-time Village Officer for the whole of the calendar month immediately preceding the date of the commencement of this Act, that is, the month of October 1980, and(iii)an amount equal to one-twelfth of the consolidated annual Travelling Allowance for the year ending with the 31st March 1980:Provided that where the part-time Village Officer was on leave other than casual leave or was absent without authorisation, or was under suspension during the whole or part of the month of October 1980, the monthly emoluments shall mean-(i)Honorarium; and(ii)Panchayat Development Allowance, which would have been payable to him for the whole of the said month of October 1980, but for such leave, absence or suspension, and(iii)an amount equal to one-twelfth of the consolidated annual Travelling Allowance for the year ending with the 31st March 1980;(c)"total service" shall not include any period during which a part-time Village Officer was -(i)on leave other than casual leave, or(ii)absent without authorisation, or(iii)under suspension.(3)(a)The competent authority shall, either suo motu or on an application made, determine, by an order in writing, the amount to be paid under sub-section (1) and such order shall, subject to an appeal under sub-section (6), be final.(b)The application referred to in clause (a) shall be made by the person referred to in sub-section (1), or in the event of the death of such person, by his legal heir or heirs, within such time and in such form and manner as may be prescribed:Provided that, before passing an order under this sub-section, the competent authority shall give a reasonable opportunity of being heard to the person or persons concerned.(4)The amount payable under sub-section (1) shall be paid within a period of six months-(a)in case where there is no appeal, from the date of the order of the competent authority under sub-section (3);(b)in case where there is appeal, from the date of the order of the District Collector under sub-section (6).(5)In the event of death of the person concerned before payment of the amount under sub-section (1), the amount remaining so unpaid on his death shall be paid to his legal heir or heirs.(6)If any person is aggrieved by an order of the competent authority under sub-section (3), he may prefer an appeal to the District Collector within the prescribed period and the District Collector may pass an order on the appeal as he deems fit:Provided that the District Collector may entertain the appeal after the expiry of the prescribed period, if he is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time:Provided further that the District Collector shall, before passing the order on the appeal preferred to him under this sub-section, give a reasonable opportunity of being heard to the appellant.(7)The order passed by the District Collector under sub-section (6) shall be final.
