PART I

PRELIMINARY

1. Short title and commencement.--

(a) These rules may be called the Tamil Nadu Municipal Service Rules, 1970.

(b) They shall be deemed to have come into force on the 14th January 1970.

2. Definitions.--

In these rules, unless there is anything repugnant in the subject or context,--

(1) "Appointed to a service".--A person is said to be "appointed to a service" when, in accordance with these rules or in accordance with the rules applicable at the time, as the case may be, he discharges for the first time the duties of a post borne on the cadre of such service or commences the probation, instruction or training, if any, prescribed for members thereof;

(2) "Appointment Committee".--"Appointment committee" shall have the same meaning as in section 73 of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act IV of 1920);

(3) "Approved candidates".--A person is said to be an "approved candidate" for a municipal service if his name appears in the authoritative list of candidates selected for appointment to any service, class or category;

(4) "Approved Probationer".--"Approved probationer" in a service, class or category means a member of that service, class or category who has satisfactorily completed his probation and awaits appointment as a full member of such service, class or category;

(5) "Backward Classes".--"Backward Classes" means the communities mentioned in Schedule I to this Part, and such other communities included, from time to time in Schedule I of Part I of the General Rules for the Tamil Nadu State and Subordinate Service;

(6) "Discharge of a member of a service".--"Discharge of a member of a service" means dispensing with his service for want of a vacancy;

(7) "Duty".--A person is said to be "on duty" as a member of a service--

(a) when he is performing the duties of a post borne on the cadre of such service or is undergoing the probation, instruction or training, if any, prescribed for such service;

(b) when he is on joining time; or

(c) when he is absent from duty during vacation or on authorised holidays or on casual leave taken in accordance with the instructions regulating such leave issued by the State Government having been on duty immediately before and immediately after such absence;

(8) "Full Member".--"Full member" of a service means a member of that service who has been appointed substantively to a permanent post borne on the cadre thereof;

(9) "General rules".--"General Rules" shall mean the rules in Part II of these rules;

(10) "Member of a Service".--"Member of a service" means a person who has been appointed to that service and has not retired or resigned, been removed or dismissed or been discharged otherwise than for want of vacancy. He may be a probationer, an approved probationer or a full member of that service;

(11) "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 or 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 1939-1946 or associated with the training of war technicians, if duty in such post is declared by the Central Government to be military duty.

Explanation.-- No duty shall be treated as military duty unless either of the following condition is satisfied:--

(i) It must have been rendered within the period commencing on the 3rd September 1939 and ending with the 21st November 1948; 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 26th October 1962;

(12) "Municipal Commissioner or Commissioner".--"Municipal Commissioner" or "Commissioner" shall mean and include a Special Officer of a Municipality where there is no Municipal Council and the Executive Authority of a Township Committee;

(12-A) "Municipality".--"Municipality" shall mean and include every Municipality and the "Township Committees" constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) or the Committees to which the provisions of the Tamil Nadu District Municipalities Act, 1920 have been extended;

(13) "Probationer".--"Probationer" in a service means a member of that service who has not completed his probation;

(14) "Promotion".--"Promotion" means the appointment of a member of any category of a service or a class of service to a higher category of such service or class;

(15) "Recruited direct".--A person said to be recruited direct when he is not already a member of the Municipal Service to which the direct recruitment is made;

(16) "Recruiting Authority".--"Recruiting Authority" shall means the authority competent to recruit or select candidates for appointment to a service, class or category, as the case may be;

(17) "Reversion".--"Reversion" shall means the reversion of a member of a class or category of a service to a lower class or category of such service for want of vacancy;

(18) "Scheduled Castes".--"Scheduled Castes" mean the communities mentioned in Part A of Schedule II to this Part and such other communities included from time to time, in Part A of Schedule II of Part I of the General Rules for the Tamil Nadu State and Subordinate Services.

Explanation.--No person who professes a religion different from Hinduism shall be deemed to be a member of a Scheduled Caste;

(19) "Scheduled Tribes".--"Scheduled Tribes" means the communities mentioned in Part B of Schedule II to this Part and such other communities included from time to time, in Part B or Schedule II of Part I of the General Rules for the Tamil Nadu State and Subordinate Services;

(20) "Selection Committee".--"Selection Committee" shall mean the Committee consisting of such officials and non-officials as the State Government may, from time to time, by order determine, charged with the responsibility of drawing a list of approved candidates or promotion panel in accordance with the rules;

(21) "Service".--"Service" shall mean any one of the Tamil Nadu Municipal Services in Part III of these rules;

(22) "Special Rules".--"Special Rules" shall mean the rules in Part III applicable to each service;

(23) "Transfer".--"Transfer" shall mean the posting of a person holding a post under a Municipal Council to an identical post under another Municipal Council.

Illustration.--An Upper Division Clerk of the Tiruppur Municipality is posted as Upper Division Clerk in the Dindigul Municipality. The posting is "transfer";

(24) "Unit of appointment".--"Unit of appointment" in relation to a class or category of service shall mean a Municipality or more than one Municipality grouped together for the purpose of appointment to a service or promotion or discharge for want of vacancies or re-appointment or for confirmation of a member of that service;

(25) "War Service".--"War Service" means--

(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 (I. N. A);

(b) service in India under Military, Munitions or Stores authorities or in factories with a liability to serve overseas or in any operational area;

(c) all other service involving subjection to 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)     (1) 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 Organisation.

(ii) Camouflage Organisation.

(iii) Special Organisation for the Production of War Supplies 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 Coastal Patrol Duty.

(vi) Survey of India, if the service was temporary and involved liability for service overseas.

SCHEDULE I AND SCHEDULE II

Backward Classes, Most Backward Classes, Scheduled Castes And Scheduled Tribes (Please See Pages 434 to 444)