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State of Tamilnadu- Act

Rules for the Grant of Marriage Advances to the Employees of the Municipalities

TAMILNADU
India

Rules for the Grant of Marriage Advances to the Employees of the Municipalities

Rule RULES-FOR-THE-GRANT-OF-MARRIAGE-ADVANCES-TO-THE-EMPLOYEES-OF-THE-MUNICIPALITIES of 1982

Published on 15 April 1982
Commenced on 15 April 1982
[This is the version of this document from 15 April 1982.]
[Note: The original publication document is not available and this content could not be verified.]

Rules for the Grant of Marriage Advances to the Employees of the MunicipalitiesPublished vide Notification No. G.O. Ms. No. 558, Rural Development and Local Administration, dated 15th April 1982 - No. SRO A-145/82[Published in the Tamil Nadu Government Gazette, Part III-Section 1(a), dated the 16th June 1982, page 256.]In exercise of the powers conferred by sub-section (1) of section 303 of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of1920), the Governor of Tamil Nadu hereby makes the following rides: -

1. Scope of the scheme.

- Advance will be sanctioned to the municipal employees including last grade servants for the celebration of the marriage of themselves and their sons, daughters, step sons and step daughters. In the case of marriages of the municipal employees themselves, the advance is admissible provided the Municipal Employees's father or mother has not applied for it.

2. Amount of advance.

- In the case of marriages of "female" municipal employees and daughters of municipal employees - The advance will be limited to rupees three thousand (Rs.3,000).In the case of marriages of "male" municipal employees and sons of municipal employees - The advance will be limited to rupees one thousand and five hundred (Rs. 1,500):Provided that only 75 per cent of the advance shall be sanctioned in both cases subject to the availability of funds if the particulars contained in the application for the advance is found to be correct after scrutiny and enquiry. After production of the utilisation certificate in Form VI appended to these rules i.e. after the marriage is celebrated the balance amount of 25 per cent shall be sanctioned:Provided further that 25 per cent of the balance amount shall be sanctioned if the utilisation certificate is endorsed by another municipal employee to the effect that he is personally aware that the marriage Has been celebrated'.

3. Eligibility.

(a)Permanent municipal employees and non-permanent municipal employees employed in a regular capacity who are approved probationers at the time of application for the advance will be eligible for the advance. Municipal employees on leave other than extraordinary leave without allowances are eligible to apply for the advance. If municipal employee's wife/husband or his/her father or mother is also a municipal employee, only one of them will be entitled to the advance for the same marriage in their family. Adopted sons or daughters of the Hindu municipal employees are eligible for sanction of marriage advance, subject to production of documents or other valid proof in support of such adoption and such document should be produced before according sanction. Provided that the borrower has declared with details of name and age. As and when a change occurs, the original particulars should be up-dated. A separate file containing the declaration from each one of the employee in an office shall be maintained by the executive authority.

(b)Adopted sons or daughters of Muslim and Indian Christian municipal employees are not eligible for the grant of marriage advance, since the personal laws applicable to them do not recognise the principle of adoption.

(c)Sanitary workers who are paid monthly wages at fixed rate and who are classified as menials and others like engineering road gang coolies, avenue coolies paid from contingencies are not eligible for the grant of marriage advance.

(d)No advance shall be sanctioned to a municipal employee for re-marriage.

(e)Municipal employees, whose "carry home salary" falls below 25 per cent of their total emoluments after recovery of the instalment of this advance, if sanctioned, shall not be eligible for the sanctions of the advance.

Explanation. - "Carry home salary" is the money left behind from the gross salary and allowances after making all deductions therefrom in a month.

(f)No second advance shall be sanctioned to a municipal employee, when a previous advance is pending recovery.

(g)No third advance shall be sanctioned to a municipal employee, if he has drawn two advances towards celebration of marriage (In other words two advances alone be sanctioned during his/her entire service).

(h)The sanction of the advance shall be subject to availability of funds in the provision made in the budget for that year under the head of account.

(i)There shall not be any deficit under general fund accounts of the Municipality.

(j)The advance cannot be demanded or claimed as a matter of right.

(k)Advance is subject to the sanction of the Municipal Council.

4. Application.

(a)An application for an advance shall be made in Form I appended to these rules. The application shall be made to the executive authority of the Municipality or Township Committee, as the case may be, and forwarded to the Director of Municipal Administration or the Regional Director of Municipal Administration concerned, as the case may be. It shall be accompanied by an Agreement in Form II appended to these rules. An advance copy of the application shall be sent direct to the Director of Municipal Administration or Regional Director of Municipal Administration concerned, as the case may be.

(b)No application for an advance shall be entertained before six months of the anticipated date of the marriage.

(c)No application shall be entertained from a municipal employee under suspension and no advance shall be sanctioned or disbursed to a municipal employee under suspension or against whom serious charges are pending which are likely to result in his removal, dismissal or compulsory retirement from Municipal Service.

5. Surety.

(a)The advance shall be disbursed only after obtaining personal security Bond in Form III appended to these rules duly executed by the borrower and another municipal employee either permanent or with not less than 10 years of regular service, as surety drawing a pay not less than that of the borrower and not retiring before complete re-payment of the advance with interest guaranteeing the re-payment of advance.

(b)A municipal employee either permanent or with not less than 10 years of regular service, shall stand surety to only one municipal employee.

6. Interest.

- The advance shall bear interest which shall be calculated on the following formula:

| Amount of Advance X Number of Instalment500

7. Disbursement of the advance.

(a)The advance shall be disbursed not earlier than two months of the anticipated date of celebration of the marriage for which it is sanctioned.

(b)The entry in the Service Register shall be made for having sanctioned the advance.

(c)The advance shall be sanctioned and drawn even after the date of celebration of the marriage, provided the applicant has applied for the advance before the date of the marriage and the delay in sanctioning or drawing the advance is due to reasons beyond the control of the applicant.

(d)If the funds allotted in a particular year of sanction of marriage advances have been exhausted, all pending cases whether advances have been sanctioned or not, will lapse. If in any such case, the marriage is conducted from private funds, such cases cannot be carried forward to the next year for sanction of advances on the ground that advance has been applied for in the previous year before conducting the marriage. If the marriage has not been conducted, the applicant may renew his application next year when funds become available in which case, the application will be dealt with under the rules as a fresh application.

8. Recovery.

(a)The principal of the loan shall be recoverable in not more than 60 (sixty) monthly instalments. The recovery shall be regulated in such a manner that the advance together with the interest thereon is fully recovered from the pay of the Municipal employee before his retirement. The recoveries shall be in whole rupees which shall be effected from the pay or leave salary bill of the municipal employee by compulsory deduction, irrespective of the fact whether the municipal employee is on duty or on leave.

(b)The recovery of the monthly instalments of the advance shall commence from the pay of the municipal employee concerned for the calendar month immediately subsequent to the month in which the marriage has been celebrated or from the pay bill of the third calendar month subsequent to the drawal of the advance whichever is earlier. No extension of time for commencement of recovery will ordinarily be granted.

(c)The recovery of interest shall commence on completion of the recovery of the principal. If the amount of interest does not considerably exceed the amount of the monthly instalment fixed for the recovery of the principal, it shall be recovered in one instalment. Otherwise, it shall be recovered, in amounts not exceeding the monthly instalments fixed for the re-payment of the principal.

9. Procedure in case of failure to satisfy the rule.

(a)The advance received by a municipal employee, if not utilised for the purpose for which it has been sanctioned within three months from the date of drawal, shall be refunded to Municipal Funds in one lump sum together with the interest due thereon. No extension of time for utilisation of the advance will ordinarily be granted.

(b)Extension of time up to a period of one month for utilisation of advance may be granted to the loanee municipal employee by the sanctioning authority on the merits of the case. If the advance is not utilised within the extended period of one month, orders of the Government shall be obtained, if further extension is considered necessary by sanctioning authority. The sanctioning authority shall decide in each case whether the request for extension of time is really deserving or not.

(c)In case where municipal employees, who have drawn the advance die before the re-payment is completed, the outstanding balance and the interest due shall be the first charge on the Death-cum Retirement Gratuity payable to the legal heir or heirs of the borrower as stipulated in the Agreement.

(d)The advance granted to a municipal employee shall be subject to summary recovery, if it is proved subsequently that it was not utilised for the purpose for which it was sanctioned.

(e)In cases where the executive authorities of the Municipality is unable to recover the amount in one lump sum, but referred the case to Government through the Director of Municipal Administration, Regional Director of Municipal Administration concerned, as the case may be, pending receipt of orders from Government, the recovery of not less than 1 /10 of the balance amount together with interest shall be effected from the salary of such municipal employee, who has misused the marriage advance.

10. Utilisation Certificate.

- The municipal employee receiving the advance shall produce to the sanctioning authority through the disbursing authority, a certificate of utilisation in Form IV appended to these rules within one month from the date of celebration of the marriage or within three months from the date of drawal of the advance, whichever is earlier. If the actual expenditure incurred on account of the marriage is less than the advance drawn, the difference shall be refunded to Municipal Council or Township Committee forthwith.

11. Sanctioning Authority.

(a)The applicants to whom the advances may be sanctioned and the amount of such advances shall be determined subject to the maximum prescribed in rule 2, the Director of Municipal Administration, in the case of municipal employees of I, II and III Grade Municipalities and the Township Committees for which the Collectors are the Chairman functioning under their jurisdiction.

(b)Sanction may be accorded by the authorities mentioned in sub-rule (b) above without a reference to the Director of Municipal Administration, but subject to the instructions issued by Government in the Finance Department, from time to time, and in the Directorate of Municipal Administration, a copy of the proceedings sanctioning the advance shall be communicated immediately to the Director of Municipal Administration.

12. Provision of funds.

- The Council may provide necessary funds in the Budget each year. When the appropriation is expected to have been spent on the basis of the sanction already accorded, the sanctioning authority may stop or continue further sanctions with reference to the decision of the Council and take steps to provide for additional funds, if necessary.AppendixForm I(See rule 4)Form of Application for the Sanction of Advance For The Celebration of Marriages (to be Submitted to the Sanctioning Authority Through Proper Channel).

Name of the applicant (in block letters)
Sex
Designation and Office in which the applicantemployed
Whether permanent, if not, date of first regularappointment in Municipal Service and total period of regularservice
Amount of advance applied for and number ofinstalments in which the advance may be recovered
Residential address
Permanent address
Date of birth
Scale of pay in the present post underFundamental Rule 9(21)
Gross monthly salary (with details)
Nature of deduction from gross pay and theamount deducted
General Provident Fund -
(a) Subscription
(b) Recoveries towards temporary advance
Festival Advance
Conveyance advances for bicycle/motorcycle/Scooter/ motor car
House building advances
Towards other miscellaneous advances
Khadi, Handloom Cloth/Postal Life Insurance
Salary Savings Scheme under Life insuranceCorporation
Typewriter advance
Dues recoverable towards the Co-operative CreditSociety or Bank
Other miscellaneous advances such as flood,cyclone, etc.
Net salary received
Percentage of the net salary in the gross salary
Income from other resources
Date of marriage
For whose marriage the advance is applied for(self/ daughter/son)
Date of birth of the son/daughter
Name and occupation of the son or daughter forwhose marriage advance is applied for
If the advance is for the marriage of themunicipal employee himself/herself, whether father or mother ofthe applicant is a municipal employee.
If so, has any of them applied for the advanceor has been sanctioned an advance for this marriage
Are with the Finance and Finance MunicipalServants and if so, have both of them applied for advance forthe same marriage or have been sanctioned an advance for thesame marriage, (a certificate shall be obtained from him/herthat he/she has not applied for the advance as the case may befor the same marriage)
Whether the applicant has already applied for orwas sanctioned any marriage advance or any application for theadvance rejected previously
Amount of such advance
Number and date of order in which such advancewas sanctioned
Whether any amount of such advance isoutstanding repayment. (Principal and interest to be shownseparately).
Details of surety
Name of surety
Designation
Office in which employed
Residential address
Permanent address
Permanent post
If not permanent, period of regular service inthe officiating post or posts
Date of birth
Scale of pay
Pay as defined under Fundamental Rule 9 (21)
Gross salary (details to be specified)
Net salary
Whether he has stood surety for anothermunicipal employee for the grant of advance
I hereby declare that the particulars furnishedabove are true to the best of my knowledge and belief.

Station:
Date:	Signature of applicant.

To be filled by the Head of the OfficeWhether the applicant is eligible for the advance applied for.If so, maximum amount of advance to which the applicant is eligible.Amount of advance recommended.Number of instalments in which advance should be recovered.Whether charges are pending against the applicant or surety.Certified that the particulars regarding the applicant's service, pay and recoveries from pay have been checked up with his service register, pay bills, etc., and found to be correct.Station: Date:Signature and designation of the Head of the Office.Form II(See rule 4)Form of Agreement to be Executed While Applying for an Advance for the Celebration of the Marriage in the family of a Municipal EmployeeAn agreement made this...............day of............One thousand nine hundred and ............ between.......... Thiru .......... son of ..........employed as........in the office of......(hereinafter referred to as the "Borrower", which expression shall where the context so admits, include his/her heirs, administrators, executors and legal representatives of the ONE PART and the Municipal Council/Township Committee, a statutory body established under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) (hereinafter referred to as the Municipal Council/Township Committee, which expression shall, where the context so admits, include its successors and assignees) of the Other Part;Whereas the Borrower has under the rules for the grant of advance to municipal employees/Township Committee employees of Tamil Nadu issued in G.O. Ms. No. 2255, Rural Development and Local Administration Department, dated the 14th November 1969 (hereinafter referred to as the said rules, which expression shall, where the context so admits, include any amendments thereof or addition thereto for the time being in force) applied to the Municipal Administration/Regional Director of Municipal Administration/Township Committee and the Director of Municipal Administration concerned for an advance of Rs........ (Rupees ......... only) for the celebration of the marriage of ......... on the terms and conditions hereinafter contained;And whereas the application of the Borrower for the said advance is being considered by the Municipal Council/Township Committee.Now it is Hereby Agreed Between the parties hereto that in consideration of the sum of Rs to be paid by the Municipal Council/Township Committee to the Borrower if and when the Municipal Council/Township Committee sanction the said advance the Borrower hereby agrees: -

(i)to repay to the Municipal Council/Township Committee the said advance with interest calculated according to the said rules by monthly deductions from his/her salary as provided for in the said rules and hereby authorised the Municipal Council/Township Committee to make such deductions;

(ii)within two months from the date of drawal of the advance to expend the full amount of the said advance in the celebration of the aforesaid marriage or if the actual expenditure incurred on account of the marriage is less than the advance, to repay the difference to the Municipal Council/Township Committee forthwith;

(iii)in the event of Borrower's reversion from municipal service before the advance drawn together with interest is fully repaid, in one lump sum, the amount outstanding and the interest due before the Borrower is actually relieved from the municipal service;

(vi)to refund forthwith the amount of advance together with interest in one lump sum if the aforesaid marriage could not be celebrated or the amount of advance could not be utilised for the purpose for which it was sanctioned; and

(v)if within the period already fixed for recovery of the principal and interest thereon, the Borrower becomes insolvent or quit the service of the Municipal Council, Township Committee or dies, the whole amount of the advance and interest occurred thereon or such portion of the amount as stands outstanding with interest shall immediately become due and payable, and it is hereby further agreed and declared that if the Borrower dies before the advance is repaid, to have the balance outstanding together with interest due, recovered from the Death-cum-Retirement Gratuity payable to the legal heirs of the Borrower.

In witness whereof Thiru...........the Borrower and Thiru............ Municipal Commissioner / Executive Officer/acting for and on behalf of and by the order and direction of the Municipal Council/Township Committee have hereinto set their respective hands on the day, month and year first above written.Signed by the said Borrower in the presence of -(Signature and designation of the Borrower).(Signature of witnesses) -

1. First witness:

Address:Occupation:

2. Second Witness

Address:Occupation:Signed by......(name and designation) acting for and on behalf of and by the order and direction of the Municipal Council/Township Committee.....(Signature and designation of the Officer)(Signature of witnesses)

1. First witness -

Address:Occupation:

2. Second witness:

Address:Occupation:Form III(See rule 5)Form of Personal Security Bond to be Executed by a Municipal Employee Applying for a Marriage Advance Along with another Municipal Employee Either Permanent or with not Less than ten Years of Regular Service as Surety.Know all men by these Presents that we Thiru........................of ........Municipal Council/Township Committee and Thiru Surety of.........are held and firmly bound up to the Municipal Council/ Township Committee in the sum of Rs..........to be paid to the Municipal Council/Township Committee, a statutory body established under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), their successors or assignees or their attorney or attorneys for which payment to be well and truly to be made we bind ourselves and each of us and each of our heirs executors, administrators and legal representatives firmly by these presents;Whereas the above bounden who at present holds the office of the Municipal Council/Township Committee has applied to the Municipal Council/Township Committee and the Director of Municipal Administration/Regional Director of Municipal Administration/Collector for the grant to him/her an advance of Rs (Rupees ) for the purpose of celebrating the marriage of........And whereas the Municipal council/Township Committee and the Director of Municipal Administration/Regional Director of Municipal Administration/Collector have agreed to sanction the said advance upon the said and the above bounden............as his/her surety entering into a bond in the above mentioned sum of Rs with such conditions as in hereunder written for the repayment of the said advance as and when they fall due and for the observance and performance by the said......of the several conditions hereunder laid down in the rules relating to the advance issued in G.O. Ms. No. 2255, Rural Development and Local Administration Department, dated the 14th November 1969 or any modification thereof relating to the above said advance.Now the above written bond is conditioned to be void in either of the cases following: -

(1)If the said.........his/her heirs, executors, administrators, or legal representatives shall, from time to time, and at all times hereafter well and truly pay or cause to be paid to the Municipal Council/Township Committee all such sums of money as shall, from time to time, become due and owing to the Municipal Council/Township Committee from the said..........in respect of the advance above mentioned and when such sum or sums of money shall respectively become due and payable.

(2)If the said.......shall at any time or times hereafter made default in payment of any such sums or sum of money aforesaid, the said .............. or his/her heirs, executors, administrators and legal representatives shall within the time of one calendar month after receiving notice in writing of such default and of the amount Rules for the grant of Marriage Advances of Municipal Employees thereof from the Municipal Council/Townships Committee well truly pay or cause to be paid to the Municipal Council/Township Committee the sum of money stated in the said notice to be and being the amount of the said default.Signed and sealed and delivered ............. by the said bounden) ............... in the presence of -(signature of the bounden)Witnesses -

1.

2.

Signed, sealed and delivered by the said....(surety) in the presence of -Signature of the suretyWitnesses:

1.

2.

Form IV(See rule 2)Utilisation CertificateI, ........... employed as in the Municipality/Township Committee hereby certify that 75 per cent of the amount of marriage advance of Rs............(Rupees) sanctioned to me in the Proceeding No. ..........dated .............. of the Director of Municipal Administration/Regional Director of Municipal Administration/Collector has been fully utilized by me for meeting the expenses incurred/celebrated on.........atI require the balance of Rs........(Rupees.........) (being the 25 per cent of the loan sanction) towards meeting the expenditure already incurred in connection with the celebration of this marriage. I certify that the above facts are true and I am fully aware that if they are found proved to be wrong at a late date, I am liable for criminal prosecution.Signature of the borrower.EndorsementI am personally aware that the marriage has been celebrated on..........at.......Counter signedSignature of the endorsee with his designation (Municipal Employee/ Township Committee Employee)Signature of the Executive Authority of the Municipality.

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