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State of Tamilnadu - Section

Section 8A in Tamil Nadu Pension Rules, 1978

8A. [ Prohibition of membership of any Communal Organisation, etc. [Rule 8A. added - G.O.Ms.No.89, Finance (Pension) Department, dated 25-2-2000 with effect from 25-02-2000.]

(1)No pensioner shall be a member of, or be otherwise associated with any organisation:-
(a)which promotes or attempts to promote on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity hatred or ill will between different religious, racial, language or regional groups or castes or communities, or
(b)whose activities are prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities and which disturbs or is likely to disturb the public tranquility; or
(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 or 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 organization falls under sub-rule (1), the decision of the Government thereon shall be final.
(3)If a pensioner violates the sub-rule (1), the pension sanctioning authority may by order in writing withhold or withdraw a pension or part thereof, whether permanently or for a specified period.Provided that no such order shall be passed by an authority subordinate to the authority competent to make an appointment to the post held by the pensioner immediately before his retirement from service.Provided further that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the limit specified in sub-rule (5) of rule 43.
(4)The authority referred to in sub-rule (3) shall, before passing an order thereunder,-
(a)serve upon the pensioner a notice specifying the action proposed to be taken against him and the ground on which it is proposed to be taken and calling upon him to submit, within fifteen days of the receipt of the notice or such further time not exceeding fifteen days as may be allowed by the pension sanctioning authority, such representation as he may wish to make against the proposal; and
(b)take into consideration the representation, if any, submitted by the pensioner under clause (a).
(5)Where the authority competent to pass an order under sub-rule (3) is the Government, the Tamil Nadu Public Service Commission shall be consulted before the order is passed.
(6)An appeal against an order passed under sub-rule (3) by any authority other than the Government shall lie to the Government and the Government shall, in consultation with the Tamil Nadu Public Service Commission, pass such orders on the appeal as they deem fit.