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State of Tamilnadu - Section

Section 108 in The Coimbatore City Municipal Corporation Act, 1981

108. Conditions of service of corporation establishment.

(1)Save as otherwise provided in this Act, the classification, methods of recruitment, conditions of service pay and allowance, and discipline and conduct of the corporation establishment shall be regulated by rules made by Government in this behalf and such rules may provide for matters relating to the constitution of appeals committee for entertaining appeals in respect of any penalty imposed upon any member of the corporation establishment and other matters connected therewith:Provided that any Class I or Class II officer may be removed from office by the Government:Provided further that -
(i)the amount of any salary, leave and leave allowances, allowances for house rent, carriage hire, travelling expenses or any other allowances, gratuity or pension granted under the said rules shall in no case 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 be more favourable than those for the time being prescribed for such Government servants.
(2)The Government may -
(a)recover from the corporation the whole or such proportion of the salary and allowances paid to any Class I officer and such contribution towards his leave allowances, pension and provident fund as the Government may, by general or special order, determine;
(b)at any time, withdraw any Class I officer and appoint another in his place.
(3)Notwithstanding anything contained in section 106, but subject to such rules as may be made by the Government under sub-section (1), the Commissioner may censure, fine, withhold promotion from, reduce, suspend, remove or dismiss any Class III or IV officer or other employee of the corporation except Class I and II officers for nay breach of departmental rules or discipline or for carelessness, unfitness, neglect of duty or other misconduct.
(4)No officer or other employee of the corporation establishment 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 to remove a person or to reduce him in ranks is satisfied that in the interests of the security of the State it is not expedient to give to that person such an opportunity.
(5)If any question arises whether it is reasonably practicable to give to any person any opportunity of showing cause under sub-section (4) or whether in the interests of the security of the State, 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.
(6)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.