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State of Tamilnadu - Section

Section 2 in Tamil Nadu Municipal (Non-Centralized-Regular) Public Health Establishment Regulations, 1976

2. Definitions.

- In these regulations, unless there is anything repugnant in the subject or context, -
(1)Appointed to the establishment. - A person is said to be 'appointed to the establishment' in accordance with these regulations or in accordance with the regulations applicable at the time, as the case maybe, if he discharges for the first time the duties of a post borne on the establishment or commences the probation;
(2)Approved Candidate. - 'Approved Candidate' means a candidate whose name appears in the authoritative list of candidates selected for appointment to any category;
(3)Approved Probationer. - 'Approved probationer' in a category means a member of that category who has satisfactorily completed his probation and awaits appointment as a full member of such category;
(4)Backward Classes. - 'Backward Classes' means the communities mentioned in Schedule I of Part of the General Rules for the Tamil Nadu State and Subordinate Services;
(5)Discharge of a member of establishment. - 'Discharge of a member of establishment' means member of establishment dispensing with his services for want of vacancy;
(6)Duty. - A person is said to be on duty as a member of the establishment: -
(a)when he is performing the duties of a post borne on the establishment or is undergoing the probation,
(b)when he is on joining time, or
(c)when he is absent from duty during authorized 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.
(7)Executive Authority. - 'Executive Authority' means the Municipal Commissioner and shall include a Special Officer of the Municipality when there is no Municipal Council, and the Executive Authority of the Township Committee constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920).
(8)Full Member. - 'Full Member' means a member who has been appointed substantively to a permanent post borne on the establishment;
(9)Member of the establishment. - 'Member of the establishment' means a person who has been appointed and who has not retired or resigned, been removed or dismissed, or been discharged Otherwise than for want of vacancy. lie may be a probationer, an approved probationer, or a full member of the service;
(10)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 Air Raid Precaution, 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 of 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, namely: -
(i)it must have been rendered with 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;
(11)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 (Tamil Nadu Act V of 1920), have been extended;
(12)Probationer. - 'Probationer' in the establishment means a member . of the establishment who has not completed his probation;
(13)Promotion. - 'Promotion' means the appointment of a member of any category of the establishment to a higher category of the establishment;
(14)Recruited direct. - A person is said to be recruited direct when he is not already a member of the Municipal Establishment;
(15)Reversion - 'Reversion' shall mean the reversion of a member of a category of the establishment to a lower category for want of vacancy;
(16)Scheduled Castes. - 'Scheduled Castes' means the communities mentioned and included, from time to time, in Part A of Schedule II of Part I of the General Rules of 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 Schedule Caste;
(17)Scheduled Tribes. - 'Scheduled Tribes' means the communities mentioned and such other communities included, from time to time, in Part B of Schedule II of Part I of the General Rules of the Tamil Nadu State and Subordinate Services.
(18)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 (INA);
(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 areas;
(e)valuable service rendered to the fighting forces in other ways, for example, by way of recruiting;
(f)service in Air Raid Precaution, or any other Civil Defence Organisation specified in this behalf by the Central or State Government; and
(g)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.
(h)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.