State of Tamilnadu- Act
The Tamil Nadu Municipal Corporations Service Rules, 1996
TAMILNADU
India
India
The Tamil Nadu Municipal Corporations Service Rules, 1996
Rule THE-TAMIL-NADU-MUNICIPAL-CORPORATIONS-SERVICE-RULES-1996 of 1996
- Published on 26 September 1996
- Commenced on 26 September 1996
- [This is the version of this document from 26 September 1996.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I
Preliminary1. Short title, commencement and applicability of these rules.
2. Definitions.
- In these rules, unless therein anything repugnant in the subject or context,-Part II
General Rules1. Scope of the General Rules. - The rules in this Part shall apply to all the posts referred to in the Special Rules contained in Part III of this rule and to the holders of every post whether temporary or permanent of any class or category of the service.
Explanation. - If any doubt arises as to whether these rules shall apply to any person or not, in a particular class or category of the service, the matter shall be referred to the Government whose decision shall be final.2. Relation to the special rules. - If any provision in the general rules contained in this Part is repugnant to a provision in the special rules applicable to the services contained in Part III, the latter shall, in respect of that service, prevail over the provisions in the general rules in this Part.
3. List of approved candidates. - A first appointment to any class or category of any of the service stall be made by the appointing authority from a list of approved candidates. Such list shall be prepared by the appointing authority in the manner laid down in rule 4. Where the candidates, in such list are arranged in their order of preference, appointments to the service shall be made in such order.
4. Procedure for recruitment. - Vacancies for the posts to be filled up by direct recruitment shall be notified to the local Employment Exchange, and shall be filled up only from among the candidates sponsored by the Employment Exchange. Only in case where the Employment Exchange intimates non-availability of suitable qualified candidates, selection of candidates may be made through advertisement in the local news papers.
Every candidate selected for appointment by the Appointment Committee constituted under the Act shall possess the qualifications prescribed for the respective posts and shall be physically found suitable on being sent for medical examination.5. Discharge or reversion and re-appointment of probationers and approved probationers. - Probationers and approved probationers shall be reverted or discharged for want of vacancy in the following order :-
6. Members absent from duty. - The absence of a member of the service from duty whether on leave or foreign service or on deputation or for any other reasons and whether his lien in a post borne in the cadre of the service is suspended or not, shall not, if he is otherwise fit, render him ineligible in his turn-
7. Temporary appointments and promotions. - (a) The appointing authority may appoint any person temporarily for a period not exceeding six months or promote any person temporarily for a period not exceeding 3 months in order to fill up a vacancy which has arisen in any category or class of the service immediately in the public interest and where there will be undue delay in making an appointment in accordance with the rules.
8. Appointment on contract. - Notwithstanding anything contained in these rules, wherever it is necessary in the interest of the administration or in the public interest to appoint a person to any class or category of the service otherwise than in accordance with the rules, the appointing authority may, with the prior approval of the Government, appoint any person on contract for a period not exceeding 3 years at a time. A person who is so appointed shall not be regarded as a member of the service to which he is appointed.
9. Linguistic qualification. - No person shall be eligible for appointment to any service by direct recruitment unless he has an adequate knowledge of Tamil.
Explanation. - For the purpose of this rule, a person shall be deemed to have an adequate knowledge of Tamil if-10. Age limit. - (1) No person shall be eligible for appointment temporarily or permanently to any class or category in the service by direct recruitment if he has completed or will complete 30 years of age on the first day of July of the year in which the appointment is made. Provided that in the case of a person belonging to any of the Scheduled Caste or Scheduled Tribes, the age limit prescribed above shall be increased by five years.
11. Special qualifications to be acquired or special test to be passed. - No person shall be eligible for appointment to any class or category unless he-
12. Appointment of women. - Women alone shall be appointed to posts in any institution or establishment specially provided for them.
13. Reservation of appointments. - Where the special rules lay down that appointment shall be made by direct recruitment also, the rule of reservation of appointment, i.e., rule 22 of the General Rules of the Tamil Nadu State and Subordinate Services shall apply to the class or category of the service and the order of such reservation shall be the same as in the Schedule under rule 22 of the General Rules for the Tamil Nadu State and Subordinate Services, as amended, from time to time.
14. Probation. - (1) Every person shall, on his first appointment to any class or category of the service, be on probation for a total period of two years on duty within a continuous period of three years.
15. Duty in higher post to count for probation in lower posts. - A probationer in any class or category of the service shall be eligible to count towards his probation his duty performed in a higher class or category I in the same service and another service whether he is appointed regularly or temporarily.
Nothing contained in this rule shall be construed as authorising the promotion of a probationer in contravention of rules.16. Duty on foreign service to count for probation. - A probationer in any class or category of the service who is deputed to foreign service shall be entitled to count towards his probation the period of duty performed by him in the foreign service, during which he would have held that post in the corporation service.
17. Completion of probation and drawal of arrears of increments. - Any delay in passing orders of completion of probation shall not monetarily affect the approved probationer and monetary benefits shall be allowed from the date of completion of probation as a matter of course, subject to the following conditions, namely:-
18. Extension of probation. - If the appointing authority is of the opinion that the probationer should continue to be on probation, or if the probationer has not passed the test or tests, if any, which the probationer should pass within the period of probation, he should be given time to enable him to pass the tests, the appointing authority may extend his period of probation for a period of not exceeding one year.
19. Termination of probation. - (1) If on the conclusion of the period of probation or the extended period of probation as the case may be, the appointing authority is satisfied that the probationer is not suitable for the post, he shall pass an order terminating his probation after giving the probationer reasonable opportunity for showing cause against the proposed termination of probation.
20. Automatic completion of probation. - A probationer in any class or category of the service shall be deemed to have completed his probation automatically, unless within a period of six months calculated from the date on which he completed his period of probation or the extended period of probation, as the case may be-
21. Appeal against termination of probation. - A probationer whose probation has been terminated for reasons other than failure to pass the prescribed test shall be entitled to appeal to the next higher authority. Such appeal should be preferred with in a period of three months from the date on which the order of termination of probation is communicated to him.
22. Seniority. - The seniority of a person appointed to any class or category of the service shall be determined with reference to his rank in the list of approved candidates or promotion panel, as the case may be.
23. Promotion. - Every promotion or transfer to a class or category of the service to which promotion or transfer shall be made from a panel prepared for this purpose by the appointing authority in the manner laid down in rule 24.
24. Preparation of panel every year. - (1) The appointing authority shall prepare every year a panel in respect of each class or group or category, as the case may be, for which appointment is to be made by promotion or by transfer. Such panels shall be valid for a period of one year only from the date of approval. Each panel shall be prepared every year with the persons in the feeder categories who are qualified as on the first day of April of the year in which the panel is prepared.
25. Completion of probation and promotion. - A person who is appointed in a class or category thereof shall not be promoted from the same class or category until he has completed his probation, if any, prescribed for the post.
26. Representation against suppression of claim for promotion. - Any member of the service whose name has been overlooked for inclusion in a panel shall have the right to make a representation to Government within three months from the date of approval of the panel for redressal of his grievance. The Government shall examine every such representation on its merits and pass suitable order.
27. Annulment, modification or reversion of the panel for appointment or promotion by Government. - Notwithstanding anything contained in these rules or in the special rules, the State Government shall have the power to annul, modify or reverse a panel for appointment or promotion to any category, class or service prepared by the appointing authority.
28. Postings and transfers. - (a) A member in a class or a category of a service may be required to serve in any post of equal cadre in the same or in other services of the Corporation.
29. Preparation of annual list of persons for transfer to other equivalent posts in order to acquire experience in all branches of the Corporation. - For the purpose of acquiring knowledge in the administration by a Corporation employee in all categories of service, the Commissioner shall prepare a list of qualified members to be considered for transfer to other categories or posts in each group every year. From the lists so prepared, the Commissioner shall transfer members in batches in a particular period, i.e., during April to June of a year in accordance with the seniority in the list so prepared. The Commissioner shall allow a member in a particular post at least for a minimum period of two years.
30. Consequences of resignations. - (1) A member of the service shall if he resigns his appointment forfeit not only the service rendered by him in the particular post held by him at the time of resignation, but all his previous services.
31. Re-employment of pensioners. - Notwithstanding anything to the contrary in these rules or the special rules, the Government shall have the power to re-employ in any class or category of the service any person who has retired from the service. The re-employment of such person shall not be regarded as a first appointment to the service, nor it shall confer on him the status of a member of the service in which he is re-employed.
32. Relinquishment of right by members. - Any person may, in writing, relinquish any right or privilege to which he may be entitled under these rules or the special rules. The Government shall have the power to relax any of these rules and the Special Rules in favour of any person or class of persons serving in the service or any candidate or class of candidates for appointment to the service in such manner as may appear to them to be just and equitable.
33. Correction of date of birth. - The date of birth of a member of the service shall be the date found on record in the S.S.L.C. in the case of persons passed Tenth Standard and above or Military discharge school certificate or true extract from the Birth Register which he produces at the time of his appointment to the service if the case of persons studied below Tenth Standard.
After a person has entered service, if it is found that his date of birth entered in his Service Register is different from that entered in the S.S.L.C. or Military Discharge Certificate, or in the Birth Register which may be due to some clerical error or otherwise wrong entries, application for correction of such clerical error or wrong entries shall be made to the appointing authority. Such corrections in the Service Register shall be made straightaway by the appointing authority. If the date of birth in the Service Register was entered on the basis of the S.S.L.C. correction of clerical error or wrong entries shall be made only with reference to the S.S.L.C. and if the date of birth in the service Register was entered on the basis of the Military Discharge Certificate or Birth Register correction of clerical error or wrong entries shall be made only with reference to the Military Discharge Certificate or Birth Register.34. Pay and allowances. - The pay scales and allowances of the Corporation establishment shall be fixed by the Government, from time to time.
35. Holidays. - (a) The offices and institutions under the control of the Corporation shall be permitted only such public and special local holidays as may be sanctioned by the Government, from time to time, in respect of Government Offices and institutions.
36. Application of Government rules to the Corporations Employees. - In matters of settlement of pension, regulation of pay and other allowances, leave benefits claiming of travelling allowances and daily allowances and other allowances and control of conduct of the Corporation employees, the Tamil Nadu Pension Rules, the Fundamental Rules, the Tamil Nadu Travelling allowance Rules, the Manual on Special Pay and Allowances, and the Tamil Nadu Government Servants Conduct Rules shall apply to the Corporation employees as nearly as possible, to the Government Servants of similar status and standing. In matters in respect of which no provision has been made in these rules, every member of the service shall as nearly as possible, be governed by the provisions applicable to Government servants of similar status and standing.
37. Fixation of Cadre Strength of posts of Corporation by the Government. - The permanent cadre of such services, class, category and grade shall be determined by the State Government to each of the Corporations.
38. Unit for appointment, transfer, postings, etc. - For the purpose of appointment, promotion, reversion, transfer, and discharge from service, each Municipal Corporation shall be a separate unit.
39. Savings. - Nothing contained in this general rules shall adversely affect any person who was a member of this service on the date of coming into force of these rules.
Part-IIISpecial Rules Tamil Nadu Municipal Corporation General Service Rules, 19961. Short title. - These rules may be called The Tamil Nadu Municipal Corporation General Service Rules, 1996.
2. Constitution. - The service shall consist of the following categories of posts in Class I and Class II, namely:-
| Class-I: | ||
| Category 1 | Deputy Commissioner. | |
| Category 2 | Assistant Commissioner (Ward Office). | |
| Category 3 | Assistant Commissioner (Personnel). | |
| Category 4 | Assistant Commissioner (Revenue). | |
| Category 5 | Assistant Commissioner (Accounts). | |
| ClassII: | ||
| Category 1 | Secretary to Council. | |
| Category 2 | Law Officer. | |
| Category 3 | Administrative Officer. | |
| Category 4 | Accounts Officer. | |
| Category 5 | Public Relations Officer. |
3. Appointment. - Appointment to the posts specified in column (1) of the Table below shall be made by the methods specified in the corresponding entries in column (2) thereof:-
| Name of the Post | Method of Recruitment |
| (i) | (2) |
| Deputy Commissioner | (i) By promotion from among the holders of theposts of Categories 2, 3, 4 and 5 of Class-I except theExecutive Engineer appointed as Assistant Commissioner (WardOffices); and |
| (ii) By deputation from the holders of the postof I.A.S. Cadre or District Revenue Officer, Deputy Secretary toGovernment or Joint Director of Municipal Administration. | |
| Assistant Commissioner (Ward Office) | (i) By transfer from the holders of the posts ofAssistant Commissioner (Personnel), (Revenue), (Accounts). |
| (ii) By transfer from the holders of the post ofExecutive Engineer of the Corporation Engineering Service; and | |
| (iii) By deputation from the holders of the postof Municipal Commissioner. | |
| Assistant Commissioner (Personnel) | By transfer from the holders of the posts ofAssistant Commissioner (Revenue), Assistant Commissioner(Accounts) and Assistant Commissioner (Ward Offices). |
| Assistant Commissioner (Revenue) | (i) By promotion from the holders of the postsin Class II; or |
| (ii) By transfer from the holders of the postsof Assistant Commissioner (Personnel), Assistant Commissioner(Accounts) and Assistant Commissioner (Ward Offices). | |
| Assistant Commissioner (Accounts) | (i) By promotion from the holders of the postsin Class-II; or |
| (ii) By transfer from the holders of the postsof Assistant Commissioner (Personnel), Assistant Commissioner(Revenue) and Assistant Commissioner (Ward Offices); | |
| (iii) By deputation from the office of theDirectorate of Local Fund Accounts or from the Director ofTreasury and Accounts. | |
| Secretary to Council | (i) By promotion from the holders of the postsof Superintendent in the Corporation General SubordinateService; or |
| (ii) By deputation from the holders of the postsof Municipal Commissioner or Selection Grade Assistant SectionOfficer of Secretariat. | |
| Law Officer | (i) By Promotion from the holder of the posts ofSuperintendent of the Corporation General Subordinate-service;or |
| (ii) By transfer from the holder of the posts ofSecretary to Council; or | |
| (iii) By deputation from the holder of the postsof Law Officer in other Municipal Corporation or of SelectionGrade Assistant Section Officer in Secretariat. | |
| Administrative Officer | (i) By transfer from the holder of the posts ofClass-II. |
| Accounts Officer | (i) By promotion from the holder of the posts ofSuperintendents in the Corporation General Subordinate Service;or |
| (ii) By transfer from the holder of the posts inClass-II | |
| Public Relations Officer | (i) By promotion from the holder of the posts ofSuperintendent of the Corporation General Subordinate Service;or |
| (ii) By transfer from the holder of the posts inClass-II; or | |
| (iii) By deputation from the holder of the postsof Public Relation Officer from other Corporation or from theAssistant Public Relations Officers in Government Departments. |
4. Qualification. - No person shall be appointed to the categories specified in column (1) of the Table below by the method specified in column (2), unless he possesses the academic and training qualifications specified in the corresponding entries in column (3) thereof:
| Name of the Post | Method of appointment | Qualification |
| (1) | (2) | (3) |
| Deputy Commissioner | By Promotion | (a) Must have experience of not less than 5years of total service in the posts under categories 2,3,4 and5 of Class-I, and out of the service of five years, a minimum ofone year service in each of categories; |
| (b) Must have atleast one year service beforehis age of superannuation. | ||
| Assistant Commissioner (Ward Office) | By transfer | (i) Must have worked not less than 4 years inall or both Categories of (3) and (4) in Class-II; and |
| (ii) Must not have less than one year of servicebefore his age of superannuation | ||
| Assistant Commissioner (Personnel) | By promotion and transfer | (i) Must have worked not less than 2 years asAdministrative Officer; and |
| (ii) Must have atleast one year of servicebefore his age of superannuation. | ||
| Assistant Commissioner (Revenue) | By Promotion | (i) Must have served as Accounts Officer andAssistant Revenue Officer for a period of not less than twoyears in the post; and |
| (ii) Must have atleast one year service beforehis age of superannuation. | ||
| Assistant Commissioner (Accounts) | By promotion and transfer | (i) Must have served as Accounts Officer for aperiod of not less than two years; and |
| (ii) Must have atleast one year of servicebefore his age of superannuation. | ||
| Secretary to Council | By promotion or deputation | Must have a degree in Law. |
| Law Officer | By promotion | Must have a degree in Law or equivalent degree. |
| By deputation | Must be a Selection Grade Assistant SectionOfficer in the Departments of Secretariat; and must have adegree in Law or equivalent degree. | |
| Administrative Officer | By transfer | Must have worked for a period of not less than 2years as Accounts Officer. |
| Accounts Officer | By promotion and transfer | Must have worked as Superintendent of theAccounts Branch and as Accountant for a period of not less thantwo years in each of the post. |
| Public Relations Officer | By promotion or by transfer or by deputation | Must have passed the Diploma in Public Relation. |