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State of Tamilnadu - Section

Section 2 in The Chennai Corporation Officers Service Rules, 1975

2. Definitions.

- In these rules, unless there is anything repugnant in the subject or context,-
(1)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 duties of a post born on the cadre of such service or commences the probation, instruction or training prescribed for members thereof;
(2)"approved candidate" means a candidate whose name appears in a authoritative list of candidates approved for appointment to any service, class or category;
(3)"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;
(4)["Backward Classes"] [For the purpose of this rule Backward Classes includes Most Backward Classes and denotified communities also.] means the communities classified as such in the Tamil Nadu State and Subordinate Service Rules, as amended, from time to time;
(5)"Commissioner" means the Commissioner, Corporation of [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).];
(6)"discharge of a probationer" means, in case the probationer is a full member or an approved probationer of another service, class or category reverting him to such service, class or category and in any other case, dispensing with his services;
(7)A person is said to be "on duty" as member of a service-
(a)when he is performing the duties of a post borne on a cadre of such service or in undergoing the probation, instruction or training prescribed for such service;
(b)when he is on joining time; or
(c)when he is absent from duty during vacation or authorised holidays or on casual leave issued by the State Government having been on duty immediately before and immediately after such absence;
(8)"full member" of a service means a member of that service who has been appointed substantively on the cadre thereof;
(9)"General Rules" shall mean the rules in Part II of these rules;
(10)"member of a service" means a person who has been appointed to that service and who has, not retired or resigned, been removed or dismissed, been substantively transferred or reduced to another service or been discharged otherwise than for want of vacancy. He may be a probationer, an approved probationer, or a full members of that service;
(11)"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 Units 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 war of 1939-46, 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 conditions 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 22nd April 1946 it shall not be reckoned as military duty; or
(ii)it must have commenced on any date within the period commencing on the 26th October 1962 and ending with the 10th January 1968.
(12)"probationer" in service means a member of that service who has not completed his probation;
(13)"promotion" means the appointment of a member of any category or grade of a service or a class of service to a higher category or grade of such service or class;
(14)A candidate is said to be "recruited direct" to a service, class or post when, in case his first appointment thereto is made by inviting applications for the recruitment and in any other case at the time of his first appointment that he is not in the service of the Corporation:Provided that for the purpose of this definition, a person shall be deemed to be not in the service of the Corporation-
(i)if a period of five years has not elapsed since his first appointment to a service in the Corporation; and
(ii)if he belongs to the Scheduled Castes or Scheduled Tribes or [Backward Classes] [For the purpose of this rule, Backward Classes includes Most Backward Classes and Denotified Communities also].
(15)"Scheduled Castes" means the communities classified as such in the Tamil Nadu State and Subordinate Service Rules, as amended from time to time;Explanation. - No person who professes a religion different from Hinduism shall be deemed to be a member of Scheduled Castes;
(16)"Scheduled Tribes" means the communities classified as such in the Tamil Nadu State and Subordinate Service Rules, as amended from time to time;
(17)"Service" means the service constituted in respect of the posts included in Class I-A, Class I-B, Class II of the Corporation Establishment';Explanation. - Where the context so required, "service", means the period during which a person holds a post or a lien on a post or is a member of service as above defined;
(18)"Special Rules" shall mean the rules applicable to each service or class or category;
(19)"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 service 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 service overseas or in any operational area;
(e)valuable service rendered to the fighting force in other ways e.g. byway of recruiting;
(f)Service in Air Raid Precaution or any Civil Defence Organisation specified in this behalf by Central or State Government;
(g)(1) any service connected with the prosecution of the-war which a person was required to undertake by a competent authority under the provisions 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 Origination 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; and
(vi)Survey of India if the service was temporary and involved liability for service overseas.
Explanation. - (1) Only whole-time service of any of the kinds specified above will be recognised as war service.
(2)Service in the Civil Pioneer Force, Tamil Nadu Civil Labour Units for Ceylon will be deemed to fall within the scope of clause (c) above.
(3)Persons whose service of kinds specified above has been characterised.in their discharge certificate or other documents as "indifferent" or "bad" shall not be eligible for the concessions allowed by these rules;
(4)Persons who have been discharged from the Army, Navy or Air Force or from any other kind of war service for any reasons other than those specified below shall not be eligible for the concessions allowed by these rules.
(i)Medical invalidation;
(ii)Demobilisation;
(iii)Completion of engagement;
(iv)Unlikely to become an efficient soldier or Airman, etc.;
(v)Services no longer required;
(vi)Character not tested;
(vii)Compassionate grounds;
(viii)Unfit for service; and
(ix)Below standard;
(5)The service shall be in connection with the war of 1939-46.