PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT POLICY NOTE FOR

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1 PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT POLICY NOTE FOR The Personnel and Administrative Reforms Department was created from the Public Department in the Secretariat during Earlier, the Public Department was also looking after the subjects at present dealt with in this Department. Due to considerable increase in workload and consequential increase in staff strength, the Administrative Reforms Commission which was constituted in 1973 in accordance with Central Administrative Reforms Commission, made important recommendations and this has necessitated focusing special attention on Personnel Management and Administrative Reforms aspects. The Personnel and Administrative Reforms Department started functioning from 6th November, The major functions of this Department are of the following nature :- (i) Advisory (ii) Statutory and (iii) Administrative 2. ADVISORY FUNCTIONS This Department is functioning as an advisory department on the subjects detailed below as envisaged in the Tamil Nadu Government Business Rules and Secretariat Instructions:- (i) In arriving at the estimate of vacancies for various posts in the Tamil Nadu State and Subordinate Services and in the preparation of panels for promotion/ appointment to higher posts in a Service. (ii) Proposals for relaxation of relevant Special Rules / General Rules for regularisation of service and declaration of probation of Government Servants. (iii) Under the provisions of the Fundamental Rules, advice is given on the proposals namely : - (a) Fixation of pay [Fundamental Rule 22] (b) Sanction of annual increment [Fundamental Rule 27] (c) Sanction of study leave [Fundamental Rule 84] (d) Sanction of leave for employment abroad [Tamil Nadu Leave Rules] (e) Voluntary retirement [Fundamental Rule 56(3)] (f) Compulsory retirement [Fundamental Rule 56(2)] (g) (h) Deputation on foreign service terms and conditions [Fundamental Rule ] Sanction of advance increment on acquiring higher qualification (i) Regulation of suspension period [Fundamental Rule 54] (j) Sanction of compulsory wait in respect of Government servant [Fundamental Rule 9] (iv) Acceptance of resignation of Government servants under Rule 41A of the General Rules for Tamil Nadu State & Subordinate Services. (v) Acceptance of relinquishment of service rights by Government servants under Rule 47 of the General Rules for Tamil Nadu State & Subordinate Services. (vi) Examining the proposals relating to revision of seniority as per the provisions under Rule 35 of the General Rules for Tamil Nadu State & Subordinate Services. (vii) Maintenance of personal files with reference to existing instructions. (viii) Placing the proposal relating to equivalency/ recognition of the qualification before the Recognition Committee and issue of orders based on the recommendation of the Committee for appointment in Government Services. 3. STATUTORY FUNCTIONS This Department administers the following Statutory Rules relating to Service Matters:-

2 2 (a) Rules governing all categories of State Government Servants under various Departments (excluding All India Services):- (i) The Tamil Nadu State and Subordinate Services Rules as amended in 1987, (General Rules) (ii) The Tamil Nadu Government Servants Conduct Rules, 1973; (iii) The Fundamental Rules of the Tamil Nadu Government (iv) The Tamil Nadu Civil Services (Discipline and Appeal) Rules, (b) Rules governing certain specified categories common to all the Government:- Departments of (i) The Special Rules for Tamil Nadu Ministerial Service; (ii) The Special Rules for Tamil Nadu Basic Service; (iii) The Special Rules for Tamil Nadu General Subordinate Service Class XXII. (c) SECRETARIAT SERVICE:- (i) The Special Rules for The Tamil Nadu Secretariat Service (ii) The Special Rules for Tamil Nadu General Service - Classes XII and XII-A. (d) TAMIL NADU PUBLIC SERVICE COMMISSION:- Tamil Nadu Public Service Commission Regulations, The business of the Government of Tamil Nadu at the Secretariat level is carried on in accordance with (i) the Business Rules contained in the Tamil Nadu Government Business Rules, 1978, issued by the Governor of Tamil Nadu in exercise of the powers conferred by Clauses (2) and (3) of Article 166 of the Constitution of India; (ii) (iii) (iv) the Tamil Nadu Government Secretariat Instructions issued under Rule 63 of the Tamil Nadu Government Business Rules the Standing Orders of the Hon'ble Chief Minister from time to time and Tamil Nadu Secretariat Office Manual. 5. ADMINISTRATIVE FUNCTIONS The establishment matters of all the staff members of the Secretariat who come under the "One Unit system" are looked after by this Department. This Department is the Administrative Department for the Tamil Nadu Public Service Commission and the Tamil Nadu Administrative Tribunal. 6. This Department deals with the grant of recognition for all Service Associations besides conducting Tamil Nadu Government Servants Civil Services Joint Council Meetings. 7. ADMINISTRATIVE REFORMS (a) The Government has constituted a `Secretaries Committee' under the Chairmanship of the Development Commissioner and Secretary, Finance Department, to study the various functions of the State Government and to streamline the administrative procedures to achieve an efficient, honest, accountable and people friendly Civil Service. The committee is examining issues like Human Resources Development, Introduction of Information Technology and Office modernisation. In order to streamline the administrative procedure and to achieve an efficient, honest and accountable civil service, the Government has introduced certain specific guidelines / procedures to be adopted in Government which are detailed below :-

3 3 (b) In order to reduce the time taken for processing and disposal of files, Government has introduced the "Level Jump" system in the Secretariat in March Accordingly, the files processed in the sections need not be submitted to all the officers in a department. Instead of routing through intermediary level, they may be submitted directly to the higher officers for orders. All the departments of the Secretariat have been requested to identify such of those subjects which could be processed independently and submitted to the officers (i.e) an Assistant Section Officer to the Under Secretary, a Section Officer to the Deputy Secretary and an Under Secretary to the Secretary. (c) In order to achieve effective functioning of the Government machinery and to avoid administrative delays, Government has issued orders in November 2002 introducing the "Single File System" between the departments of the Secretariat and the Heads of Departments located in Chennai City. This system has been introduced in respect of the following subjects:- (i) (ii) (iii) (iv) (v) (vi) (vii) Schemes, Postings and Transfers, Preparation of panels for promotions, Permission under Government Servants Conduct Rules, Fixation and revision of pay, Further continuance / permanent retention of temporary posts, Review under FR 56(2) of compulsory retirement of officers under the control of Heads of Department. (d) In order to avoid repetition of work and time consumption and in the interest of speeding up of decision making at Government level, Government ordered in November, 2002, that in respect of the following types of cases, the Secretary of the administrative department shall submit the files to the respective Minister with his remarks for orders without a note for circulation:- (i) (ii) (iii) Cases to be circulated to the Ministers for information. Cases in which the views of Heads of Departments are accepted and consultation with advisory departments is not necessary. Postings and transfer of personnel. (iv) Cases of Legislative Assembly Questions and assurances made in the Legislature. (v) Cases which do not involve policy or financial implications. (e) File closing week In order to provide a transparent, clean and efficient administration, Government issued instructions that grievance petitions be received and the receipt acknowledged within 5 days and disposed of within 90 days by informing the petitioners. All Collectors should conduct " File closing week" like conducting of "Public Grievances Day", on every Monday. 8. Information Booths (1) As per the orders of the Government that all the Departments of Government have to ensure that the public have access to the details of Government Welfare Schemes and procedures in computers through the NIC, ten information booths were opened and they are functioning at Chennai. (2) Information-cum-Facilitation Counter

4 4 In accordance with orders of the Government, all the Departments of the Secretariat and the District Collectors were instructed to open information-cum-facilitation counters to assist the people to understand Government procedures and get information regarding the existing stage of their request for service. The counters are functioning at Collectorates and offices of Heads of Departments. (3) Citizen's Charter Orders were issued for the following formulation of Citizen's Charter for each Department of the Government:- (i) to ensure accountability and transparency in regard to the services available to the people. (ii) to increase the awareness of the general public of their rights and of the standards that public services aim to achieve and (iii) to help the Department to update the principles of good public service underlying the programme. For preparation of a Citizen's Charter, a Booklet viz. Guide has been sent to all the Departments of the Secretariat. Along with the Policy Note, all the Departments of the Secretariat have to place the Citizen's Charter on the Table of the House. 27 Departments of the Secretariat and certain Government Organisations have prepared the Citizen's Charter and placed them on the Table of the Legislative Assembly during They are also available through NICNET/INTERNET in Website - The following seven Departments have been exempted to prepare a Citizen's Charter due to lack of direct public interface (viz.) Personnel and Administrative Reforms Department, Planning and Development Department, Prohibition and Excise Department, Youth Welfare and Sports Development Department, Public Department, Law Department and Information Technology Department. 9. COMPUTERISATION OF RULES (i) (ii) (iii) (iv) (v) (vi) (vii) In order to facilitate easy reference to up-to-date Service Rules administered by all the Departments of the Secretariat, action has been taken by this Department to computerise all the Service Rules and to create a `Reference Bank therefor. All service rules are being fully computerised. This Department s Annual Budget proposals, Revised Estimates, Final Modified Appropriations and Part II Schemes are co-ordinated with the Finance Department. All Establishment lists of Additional Secretaries, Joint Secretaries, Deputy Secretaries, Under Secretaries, Section Officers, Private Secretaries, Personal Assistants, Assistant Section Officers, Assistants and Typists have been computerised. Data regarding Service Rules, Amendments, Government Orders, Pay Bills, Cadre Strength category wise (A, B, C, D), have been computerised and maintained. Government Orders which are of interest to the public and Government Servants, Letters, Service Rules, etc., are being fed into the Secretariat Net work and also into the Tamil Nadu Government WEBSITE. A separate WEBSITE for P&AR Department proposed by the Information Technology Department is being considered. Secretariat Knowledge System is proposed to be introduced in this Department as a pilot study. 10. TRAINING TO SECRETARIAT OFFICERS During March 2003, orders have been issued in this Department to impart Training to the Secretariat Officers viz., Section Officers, Under Secretaries, Deputy Secretaries and Joint Secretaries (Non-IAS) in the Anna Institute of Management. 11. THE TAMIL NADU ADMINISTRATIVE TRIBUNAL (a) As per section 4(2) of the Administrative Tribunal Act, the Tamil Nadu Administrative Tribunal was established on with One Bench. The second Bench was constituted on As on , 31,596 cases were pending in the Tribunal.

5 5 (b) In the light of the judgement of the Supreme Court of India in 1997, the orders of the Tribunal are subject to judicial scrutiny by the High Court. Accordingly, there will be three fora on service matters (Tribunal, High Court and Supreme Court). This Government has decided that it would be enough if there are two fora (High Court and Supreme Court) on service matters. (c) This Government has, therefore, taken a policy decision during June, 2001, to abolish the Tribunal by amending the Administrative Tribunal Act, The Government of India has accordingly been addressed on 12th June 2001 to amend the said Act so as to abolish the Tribunal. The Government of India in its letters dated and has informed that the above proposal of this Government has been approved by the Cabinet and that a Bill is being placed before the Parliament. 12. CONSTITUTION AND FUNCTIONS OF THE TAMIL NADU PUBLIC SERVICE COMMISSION (1) The Tamil Nadu Public Service Commission has been constituted under Article 315(1) of the Constitution of India as an autonomous body to carry on its functions independently, fairly and impartially. The Commission consists of a Chairman and eleven Members. The service conditions of the Chairman, Members and staff of the Commission are governed by the Tamil Nadu Public Service Commission Regulations, (2) The Tamil Nadu Public Service Commission has to discharge the duties and functions specified in Article 320 of the Constitution of India. (i) (ii) It is functioning primarily as a recruiting agency. It also functions as consultancy body in regard to the matters pertaining to appointments by promotion and transfers. (iii) Advises Government on all matters relating to framing of recruitment rules, principles to be followed in making appointments, promotions and transfers from one service to another service, and in respect of appeal in disciplinary matters affecting Government servants. (iv) Conducts Special Tests and Departmental Examinations for Government Servants (v) Conducts the examination on behalf of the Government of India, Ministry of Defence for admission to Rashtriya Indian Military College School, Dehra Dun. (3) The expenditure of the Tamil Nadu Public Service Commission including salaries, allowances and pension etc. is charged on the Consolidated Fund of the State. Every year, the Annual Report of the Commission is laid on the Table of the Tamil Nadu Legislative Assembly with an explanation by this Department for the deviations from the views of the Commission, if any. 13. STATE VIGILANCE COMMISSION (1) The State Vigilance Commission was established in the year The main objective of the State Vigilance Commission is to advise the Government on major administrative problems with an avowed object of prevention of corruption in public services in general and the manner in which individual cases of corruption brought to light should be dealt with. (2) The State Vigilance Commission is empowered to undertake an inquiry into any transactions in which a public servant is suspected or is alleged to have acted for an improper purpose or in a corrupt manner. 14. DIRECTORATE OF VIGILANCE AND ANTI CORRUPTION (1) Cases of corruption indulged in by Public Servants are dealt with under the Prevention of Corruption Act, 1988.

6 6 (2) As a first organised measure towards tackling corruption in public administration, the Government of Tamil Nadu had set up the Directorate of Vigilance and Anti Corruption as a separate department in the year (3) The Directorate of Vigilance and Anti Corruption undertakes inquiries / investigation into complaints / information about specific acts of bribery or corruption and allied malpractices in the exercise of official authority by Public Servants under the control of the State Government employees of the Public Sector undertakings under the State Government and other institutions who are classified as Public Servants under the enlarged definition of the term "Public Servant" under the Prevention of Corruption Act An important responsibility of the Directorate of Vigilance and Anti Corruption is collection of intelligence on corruption and malpractices in public services. The Directorate of Vigilance and Anti Corruption is assisting the Vigilance Commission in efficient discharge of its functions. The Directorate of Vigilance and Anti Corruption is headed by an Officer in the rank of Additional Director General of Police at present, who is assisted by a set of Police Officials and Law Officers, drawn from Director General of Police and Director of Prosecution, respectively. (4) The investigation reports sent by the Directorate of Vigilance and Anti Corruption are examined by the State Vigilance Commission and the Vigilance Commission tenders such advice as is necessary to various Secretariat departments for pursuing action with a view to preventing corruption in the respective departments. (5) In order to improve the scope of the investigation for achieving the best possible results, Government has sanctioned special Pay at 15% of the basic pay to the Investigating officers and certain staff of the Directorate of Vigilance and Anti Corruption with a recurring cost of Rs.55,74,290 per annum during last year (2002). The Directorate of Vigilance and Anti Corruption has also been provided with electronic equipment like computers, fax machine, cameras etc. at a total cost of around Rs.24 lakhs. In addition to this, the Directorate has been permitted to purchase 40 vehicles (Mahindra Bolero Jeeps) at DGSD rates at a total cost of Rs.1.60 crores, during The Directorate of Vigilance and Anti Corruption was previously housed in a private building paying an exorbitant rent with inadequate space. Now, the Government has ordered the Directorate of Vigilance and Anti Corruption to shift to a Government building at Kumarasamy Raja Road, Adayar, Chennai at an expenditure of Rs.9.32 lakhs. The Directorate is now functioning there. 15. TRIBUNALS FOR DISCIPLINARY PROCEEDINGS There are 10 Commissioners for Disciplinary Proceedings as per the G.O. Ms. No. 358, Personnel and Administrative Reforms (N) Department, dated Their offices are located at Chennai, Vellore, Salem, Coimbatore, Tiruchirapalli, Thanjavur, Ramanathapuram, Madurai, Tirunelveli and Nagercoil. Each Tribunal for Disciplinary Proceedings is a quasi judicial body. Each Tribunal shall be presided over by an officer who is an I.A.S., or in the cadre of D.R.O.,as the case may be. Each Tribunal shall inquire into such cases as may be referred to it or transferred to it by the Government under the Tamil Nadu Civil Services (Disciplinary Proceedings Tribunal) Rules, 1955 and to forward its findings to Government either holding the charges as proved or not. 16. TRAINING (1) Training plays a vital role in administration. It enables the Government Servants to understand Rules and Regulations and to improve their performance and decision making ability. The Personnel and Administrative Reforms(Training) Department is functioning under the supervision of the Secretary to Government, Personnel and Administrative Reforms(Training) Department and it imparts Training to Government Servants as well as employees in various Government undertakings through Five Training Institutes under its control. (2) The Secretariat Training Institute imparts training in Office Procedures and Disciplinary Procedures, Court/ Tribunal Procedures to the Secretariat staff. Foundational training to A&B Group Officers is provided by the Anna Institute of Management and the Civil Service Training Institute, Bhavanisagar offers foundational training courses to 'C" & 'D' employees and in-service training to Deputy Tahsildars.

7 7 (3) During the financial year , a Specialised Training Course to improve and widen the knowledge of the Tamil Nadu Secretariat Officers (i.e. Joint Secretary/Deputy Secretary/Under Secretary and Section Officer) has been introduced in the fields of Communication Skill, Economic Reforms, Human Rights, Zero Base Budgeting, Managerial Competencies, Administration Skills, Responsive Administration, Implementation, Monitoring and Evaluation of Schemes/Projects etc. (4) The All India Civil Services Coaching Centre, Anna Nagar, Chennai imparts intensive coaching to Backward Classes, Most Backward Classes, Denotified Community, Scheduled Caste, Scheduled Tribe candidates to appear for the All India Civil Service Examination. This Institute trains the candidates to write the preliminary as well as Main Examinations and also conducts Mock Interviews. Apart from free coaching, free food and accommodation are provided to Backward Classes, Most Backward Classes and Denotified Community candidates and Scheduled Caste and Scheduled Tribe candidates whose parental income is less than Rs.50,000/- and Rs.50,920/- per annum respectively. This Institute has produced very good results in 2001 and In 2001, 23 candidates and in 2002, 28 candidates have passed the main Examination. (5) In order to cope with the changing needs of computer application in governance, Anna Institute of Management has been conducting various Computer Training Programmes for Government Servants. The Government has provided funds during for purchase of more Computers for the Training Institutes. (6) Foundational Training is imparted to the Tamil Nadu Ministerial Staff every year in 6 Batches from the year 1974 onwards in the Civil Service Training Institute, Bhavanisagar for 60 days. This Training is a pre-requisite qualification for the declaration of their probation. As of now, 4711 candidates are yet to be trained. In order to expedite the process of Training, this Government has issued orders to conduct a condensed course for 35 days, for the above category of staff, by the respective Departments in various Centres under the supervision of the Principal, Civil Service Training Institute, Bhavanisagar. More than 1069 candidates have been trained under this condensed course so far. (7) The Anna Institute of Management is functioning at "Kanchi", Chennai-28. Foundational Training Institute for A&B Group officers is functioning at "Thiruvarangam", Chennai-28 and All India Civil Services Coaching Centre is functioning at "Transit Quarters", Tamil Nadu Housing Board at Anna Nagar, Chennai-40. All the above three training Institutes are functioning under the control of the Director and Director General of Training, Anna Institute of Management. To bring all the above three wings under one umbrella, the Government permitted the Director, Anna Institute of Management, to construct a Master Plan Complex Building at a cost of Rs crores with the assistance of Housing and Urban Development Corporation Limited. 17. INSPECTION (1) The Personnel and Administrative Reforms Department (Inspection) comes under the administrative control of the Secretary, Personnel and Administrative Reforms (Training) Department. The inspection wing has three sections. Two sections are supervised by the Deputy Secretaries and one section is under the supervision of District Revenue Officer. At the District level eleven District Inspection Cell Officers in the cadre of Deputy Collectors with a few staff are functioning. (2) The three inspection wings in Personnel and Administrative Reforms Department conduct inspections of Heads of Departments and Departments of the Secretariat and they also conduct Pilot / Short courses for A Grade officers and B & C Grade officers respectively. The main object of the Inspection wing is to tone up the administration for clean and effective governance and to enlighten the officers and staff all over the State on the procedures of Office Administration and Service Rules. (3) The three inspection wings at the Secretariat are conducting totally 30 inspections and also conduct Pilot Courses and Short courses. The District level 11 Inspection Cell Officers have conducted 132 detailed inspections, 2720 Surprise checks during the financial year The

8 8 expenditure for the year for the District Inspection Cells and for conducting Pilot and Short Courses is Rs.90,50,000/ ORGANISATION AND METHODS CELL (1) The purpose of the O&M Wing is to undertake studies for rationalisation of procedures, assessment of man-power and enforcement of economy in various Departments of the Government. The main objectives of the O&M Studies are:- I Assessment of Man Power; II Simplification of Systems and Procedures; III Enforcement of Efficiency and Economy in Government Departments; IV V Delegation of Powers; and Better Record Management. (2) At present O&M Cell comprises Two Administrative Teams. One Administrative Team is headed by an Under Secretary to Government. Another Administrative Team is headed by the Deputy Secretary to Government who is also Co-ordinator of the Cell. A Monitoring Cell consisting of one Research Officer and one Assistant Section Officer is also functioning under the supervision of the Deputy Secretary to Government (O&M) to look after the work relating to follow-up action on the recommendations contained in the O&M Report and to attend to the house-keeping functions including preparation of a Budget of its own. An Engineering Team which existed in the O&M Cell was disbanded with effect from The entire O&M Wing comes under the Control and Supervision of the Secretary to Government, Personnel and Administrative Reforms (Training) Department. (3) Every year, a call letter is issued by the Monitoring Cell requesting all the Heads of Departments and Departments of the Secretariat for information as to whether there are any problem areas in the Departments which require study by O&M Cell. Based on their request, an Action Plan is drawn up and each Team is allocated with Study Work. O&M Studies are undertaken with a view to devise work norms, assessment of work load and to improve overall efficiency of the Departments. So far the O&M Cell has undertaken 224 Studies and forwarded them to the concerned Departments for implementation. (4) There is a separate budget provision for O&M Cell. The Budget Estimate and Revised Estimate for the year are Rs.41,39,000/- and Rs.37,88,000/- respectively. The actuals for the year are Rs.32,93,000/ PART II SCHEMES FOR THE YEAR The following part II Schemes for the year have been approved by the Standing Finance Committee:- Sl. No Description of the schemes 1 Purchase of 7 Computers and other accessories and one xerox machine for the creation and maintenance of a new website for the Personnel and Administrative Reforms Department Cost in (Rupees in lakhs) Purchase of 5Computers for All India Civil Services Coaching Centre Purchase of 50 Fans and cooking vessels for All India Civil Services 1.00 Coaching Centre 4 Purchase of Library books for All India Civil Services Coaching Centre Purchase of 20 Computers (including one server with accessories and UPS 5KVA 2 numbers) for Civil Service Training Institute Bhavanisagar 10.00

9 9 5KVA 2 numbers) for Civil Service Training Institute Bhavanisagar 6. Purchase of photo copier for Anna Institute of Management 1.50 Total BUDGET ESTIMATES The actuals of the year the amount provided in the RE for the year and the Budget Estimates for the current year under these heads are as follows:- ( Rupees in thousands) Sl. No. Account No. Head of Account Actuals Revised Estimates Budget Estimates Personnel and Administrative Reforms Department Grants to Indian Institute of Public Administration, New Delhi Assistance to the Tamil Nadu Government Officials Union Assistance to the Tamil Nadu Secretariat Association towards expenditure on employment of staff Assistance to the Tamil Nadu Secretariat Association towards recreational activities A ssistance to the Tamil Nadu Office Assistants and Basic Servants (Central) Association Assistance to the Tamil Nadu Government Departmental Drivers Association Assistance to the Tamil Nadu Secretariat Section Officers Association Assistance to the Tamil Nadu Secretariat Officers Association-Grants towards employment of staff Commissioner for Disciplinary Proceedings, Chennai Commissioner for Disciplinary Proceedings, Coimbatore Civil Services Training Institute at Bhavanisagar Directorate of Vigilance & Anti Corruption Tamil Nadu Public Service Commission State Vigilance Commission Tamil Nadu State Administrative Tribunal Tamil Nadu Administrative Tribunal Anna Institute of Management Civil Services Training-A&B Group for Fundamental Training at AIM All India Civil Services Coaching Centre

10 10 at Anna Institute of Management Organisation & Methods Cell Commissioner for Disciplinary Proceedings, Madurai Commissioner for Disciplinary Proceedings, Tirunelveli Commissioner for Disciplinary Proceedings, Nagercoil Commissioner for Disciplinary Proceedings, Salem Commissioner for Disciplinary Proceedings, Vellore Commissioner for Disciplinary Proceedings, Tiruchirappalli Commissioner for Disciplinary Proceedings, Thanjavur Commissioner for Disciplinary Proceedings, Ramanathapuram Secretary (Training) District Inspection Cell Pre-Examination Training Centre for Training of S.Cs and S.Ts for All India Service Examination. TOTAL The Government is keen on promoting Social Justice, removing social and economic inequalities in society; on developing industries and formulating development schemes to usher in a prosperous welfare State. The Government has an abiding commitment to maintain Law and Order and Communal Harmony and create an environment conducive to the all round development of the State. J JAYALALITHAA CHIEF MINISTER