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State of Tamilnadu - Section

Section 86 in Chennai City Municipal Corporation Act, 1919

86. Conditions of service of corporation establishment.

(1)Save as otherwise provided in this Act, the classification, methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the corporation establishment shall be regulated-
(i)in the case of Class I-A, Class I-B and Class II officers, by rules made by the State Government in this behalf:
(ii)in the case of the employees included in Class III and Class IV, by-laws made by the council under section 349:
Provided that any [***] [The expression 'Class I-A' were omitted by Tamil Nadu Act 15 of 1965.], Class I-B or Class II Officer may be removed from office by the State Government:Provided further that -
(i)the amount of any salary, leave and leave allowances, [allowances for house-rent, carriage hire, travelling allowances or any other allowances] [Substituted by Tamil Nadu Act 15 of 1965.] gratuity or pension granted under the said by-laws shall in no case, without the special sanction of the State Government, exceed what would be admissible in the case of Government servants of similar standing and status, and
(ii)the conditions under which such salary and allowances are granted or any leave, superannuation or retirement is sanctioned shall not without similar sanction be more favourable than those for the time being prescribed for such Government servants.
[(1-A) The State Government may-
(a)recover from the corporation the whole or such proportion of the salary and allowances paid to any Class I-A officer and such contribution towards his leave allowances, pension and provident fund as the State Government may, by general or special order, determine;
(b)at any time, withdraw any Class I-A officer and appoint another in his place.]
(2)No officer or other employee of the corporation shall be dismissed or removed by an authority subordinate to that by which he was appointed.
(3)No such officer or employee as aforesaid shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:Provided that this sub-section shall not apply-
(a)where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge;
(b)where an authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for reasons to be recorded by that authority in writing, it is not reasonably practicable to give to that person an opportunity of showing cause; or
(c)where an authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that in the interests of the security of the State, it is not expedient to give to that person such an opportunity.
(4)If any question arises whether it is reasonably practicable to give to any person an opportunity of showing cause under sub-section (3) or whether in the interests of the security of the Slate it is not expedient to give to any person such an opportunity under that sub-section, the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank, as the case may be, shall be final.
(5)Every officer of the corporation establishment shall be a whole time officer of the corporation and no such officer shall undertake any work unconnected with his office without the permission of the commissioner:Provided that the order of the commissioner granting such permission shall be placed before the next meeting of the council.