MADURAI CITY MUNICIPAL CORPORATION SERVICE RULES, 1975
In exercise of the powers conferred by sub-suction (i) of section 431 read with sub-section (i) of section 106 of the Madurai City Municipal Corporation Act, 1971 (Tamilnadu Act 15 of 1971), the Governor of Tamilnadu hereby makes the following rules:--
PART 1PRELIMINARY
1. Short title and commencement.--
These rules may be called the Madurai City Municipal Corporation Service Rules, 1975.
2. Definitions.--In these rules unless there is anything repugnant in the subject or context--
(1) "Act" means the Madurai City Municipal Corporation Act, 1971 (Tamilnadu Act 15 of 1971);
(2) Appointed to the service.--
A person is said to be "appointed to the service" when in accordance with these rules, or in accordance with the rules applicable at the time, as the case may be, the discharges for the first time, the duties of a post borne on the cadre of the service or commences the probation instruction or training, if any prescribed for members thereof;
(3) Approved candidates.--
A person is said to be an "approved candidate" for a corporation service if his name appears in the authoritative list of candidates selected for appointment to any class or category of the service;
(4) Approved probationer.--
"Approved probationer" in a class or category of the service means a member of that class or category of the service who has satisfactorily completed his probation and awaits appointment as a foil member of such class or category of the service;
(5) Backward classes.--
"Backward classes" means the communities classified as such in the General Rules for Tamilnadu State and Subordinate services;
(6) "Commissioner" means the Commissioner Corporation of Madurai;
(7) "Committee" means the Appointment Committee or the Appeal Committee according to the context;
(8) Corporation.--
"Corporation" means the Municipal Corporation of Madurai;
(9) "Council" means the Council of the Municipal Corporation of Madurai;
(10) Discharge of a member of the service.--
"Discharge of a member of the service" means dispensing with the service for want of vacancy;
(11) Duty.--
A person is said to be "on duty" as a member of the service--
(a) when he is performing the duties of a post borne on the cadre of the service or is undergoing /the probation, instruction on training, if any, prescribed for the service;
(b) when he is on joining time; or
(c) when he is absent from duty during vacation or on authorised holidays or casual leave taken in accordance with the instructions regulating such leave having been on duty immediately before and immediately after such absence;
(12) Full Member.--
"Full Member" of the service means a member of the service who has been appointed substantively to a permanent post borne on the cadre thereof;
(13) General rules.--
"General rules" shall mean the rules in Part-II of these rules;
(14) Member of the service.--
"Member of the service" means a person who has been appointed to the service and who has not retired or resigned or has been removed or dismissed, or has been discharged otherwise than for want of a vacancy. He may be a probationer, an approved probationer or a full member of that service;
(15) Military duty.--
"Military duty" means--
(i) duty of any kind (including a course of training) involving subjection to Naval, Military or Air Force Law; or
(ii) duty (including a course of training) with a liability to serve overseas on in any operational area in Naval, Military or Air Force unit or formation or under Military, Munitions or stores authorities or in factories; or
(iii) whole time duty in--
(a) the civil Pioneer force, the Madras Civil Labour Units or the Madras Labour Units for Ceylon; or
(b) The A.R.P. or any other Civil Defence organisation specified by the Central Government; or
(c) any post created for the efficient prosecution of the war of 1939-46 or associated with the training of war technicians, if duty in such post is declared cleared by the Central Government to be military duty.
Explanation.--No duty shall be treated as Military duty unless either of the following conditions is satisfied--
(i) It must have been rendered within the period commencing on the 3rd September 1939 and ending with the 21st November 1946 provided that if it commenced on or after the 2nd April 1946 it shall not be reckoned as Military duty; or
(ii) It must have commenced on any date on or after the 26fh October, 1962;
(16) Probationer.--
"Probationer" in the service means a member of the service who has not completed his probation;
(17) Promotion.--
"Promotion" means the appointment of a member of any category of the service or a class of service to a higher category or class of the service;
(18) Recruited direct.--
A person is said to be recruited direct when he is not already a member of the Corporation service, which the direct recruitment is made;
(19) Reversion.--
"Reversion" shall mean the reversion of a member of a class or category of the service to a lower class or category of the service for want of vacancy;
(20) Scheduled Castes.--
"Scheduled Castes" means the communities classified as such in the General Rules for the TamilNadu State and Subordinate Services.
Explanation.-- No person who professes a religion different from Hinduism shall be deemed to be member of a Scheduled Caste;
(21) Scheduled Tribes.--
"Scheduled Tribes" means the communities classified as such in the General Rules for the TamilNadu State and Subordinate Services;
(22) Service.--
"Service" shall mean any one of the Corporation Services in Parts III and IV of these rules;
(23) Special Rules.--
"Special Rules" shall mean the rules in Parts II and IV applicable to each service;
(24) Transfer.--
"Transfer" shall mean the posting of a person holding one post, to another identical post under the Corporation;
(25) War service.--
"War service" means--
(1) (a) service of any kind in a unit or formation liable for service overseas or in any operational area or in the Indian National Army (INA);
(b) service in India under Military, Munitions or Stores authorities or in factories with a liability to service overseas or in any operational area;
(c) all other service involving subjection to the Naval, Military or Air Force Law;
(d) a period of training with a Military Unit or formation involving liability to serve overseas or in any operational area;
(e) valuable service rendered to the fighting forces in other ways, e.g., by way of recruiting;
(f) service in A.R.P. or any other Civil Defence Organisation specified in this behalf by the Central or State Government; and
(g) any service connected with the prosecution of the war which a person was required to undertake by a competent authority under the provision of any law for the time being in force;
(2) service in any of the following:--
(i) National war Front Organization;
(ii) Camouflage Organization;
(iii) Special Organisation for the production of war supplies "Military Duty" through small scale industries;
(iv) Any post associated with the training of war technicians if duty in such post is declared by the Central Government to be "Military Duty";
(v) Post of Special constable on constant patrol duty;
(vi) Survey of India if the service was temporary and involved liability for service overseas.
