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State of Tamilnadu- Act

The Chennai Corporation Servants Conduct Bye-Laws

TAMILNADU
India

The Chennai Corporation Servants Conduct Bye-Laws

Rule THE-CHENNAI-CORPORATION-SERVANTS-CONDUCT-BYE-LAWS of 1800

Published on 1 January 1800
Commenced on 1 January 1800
[This is the version of this document from 1 January 1800.]
[Note: The original publication document is not available and this content could not be verified.]

1. Short title and application.

(1)These bye laws may be called the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] Corporation Servant's Conduct Bye-Laws, 1983.

(2)They shall apply to all persons appointed to the posts in Class III and IV services of the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] Corporation establishment.

2. Definitions.

- In these bye-laws, unless the context otherwise requires,-

(a)"Corporation" means the Corporation of [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).];

(b)"Corporation servant" means any person appointed to the posts in Class III and Class IV service of the Corporation establishment.

Explanation. - A Corporation servant whose services are placed by the Corporation at the disposal of the Government, a company, Corporation or organisations or another local authority shall, for the purposes of these bye-laws, be deemed to be a Corporation servant serving under the Corporation notwithstanding that his salary is drawn from sources other than from 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).];

(c)"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).];

(d)"member of the family" in relation to Corporation servant includes -

(i)the wife, child or step child of such Corporation servant whether residing with him or not and in relation to a Corporation servant who is a woman, the husband residing with her and dependent on her; and

(ii)any other persons related, whether, by blood or by marriage to the Corporation servant or to such Corporation servant's wife or husband and wholly dependent on such Corporation servant, but does not include a wife or husband legally separated from the Corporation servant, or a child or step child who is no longer in any way dependent upon him or her or of whose custody the Corporation servant has been deprived of by law.

3. Gifts.

(1)Save as otherwise provided in these bye-laws, no Corporation servant shall, except with the pervious sanction of the Commissioner, accept or permit his wife or any other member of his family to accept from any person any gift:Provided that the sanction of the Commissioner shall not be necessary for the acceptance of-

(a)gifts from a person other than a personal friend or relative of a value not exceeding Rs. 50 (Rupees fifty only) or 1/4th (one fourth) of the monthly emoluments of the Corporation servant concerned, whichever is less on occasions other than those covered by sub-clause (b);

(b)gifts from a personal friend of a value not exceeding Rs. 200 (Rupees two hundred only) on special occasions such as wedding, anniversaries, funerals and religious functions when the making or receiving of such gifts is in conformity with the prevailing religious or social customs;

(c)gifts from relatives without any monetary limit regarding their value on special occasions such as wedding, anniversaries, funerals and religious functions when the making or receiving of such gifts is in conformity with the prevailing religious or social customs.

Explanation. - (1) For the purpose of this clause, any key or other similar articles offered to a Corporation servant at the laying of a foundation stone or the opening of a public building or any ceremonial function shall be deemed to be a gift.

(2)If any question arises whether any gift is one which can be accepted without the permission of the Commissioner or if a Corporation servant is in any doubt whether a gift offered to him is one which can be accepted without the permission of the Commissioner, a reference shall be made to the Commissioner by such Corporation servant and the decision of the Commissioner thereon shall be final.

(3)Nothing in this by-law shall be deemed to prevent any corporation servant from sitting, at the request of any public body, for a portrait, bust or statue not intended for presentation to him.

(4)Corporation servant shall not make a habitual use of vehicles and animals belonging to persons other than a member of his family or to travel free of charges, in any vehicles plying for hire.

4. Public demonstration in honour of Corporation servants.

- No Corporation servant shall, except with the previous sanction of the Commissioner, receive any complimentary or valedictory address or accept any testimonial or attend any meeting or entertainment held in his honour or in the honour of any other Corporation servants:Provided that nothing in this by-law shall apply to-

(a)farewell entertainment of a substantially private and informal character held in honour of a Corporation servant or any other Corporation servant on the occasion of his retirement or transfer of any person who has recently quit the service of the Corporation ; or

(b)the acceptance of simple and inexpensive entertainment arranged by public bodies or institution; or

(c)the sitting for or acceptance of a copy of group photograph of the officers and servants of his office or department on the occasion of his transfer or retirement.

5. Subscriptions.

(1)Save as provided in clause (3), no Corporation servant shall, except with the previous sanction of the Commissioner, ask for or accept contributions to, or otherwise associate himself with the raising of any fund in pursuance of any object whatsoever.

(2)Permission may, after due consideration, be accorded in all cases where the Government support the institution concerned by way of grants or otherwise.

(3)In the case of Flag Day collections, Corporation servants may participate on a voluntary basis.

6. Investments, lending and borrowing.

(1)No Corporation servant shall speculate in any investment.Explanation. - The habitual purchase or sale of securities of a notoriously fluctuating value shall be deemed to be speculation investments within the meaning of this clause.

(2)No Corporation servant shall make or permit any member of his family to make any investment which is likely to embarrass or influence him in the discharge of his official duties.

(3)If any question arises whether a security or investment Is of the nature referred to in clause (1) or clause (2), the decision of the Commissioner thereon shall be final.

(4)No Corporation servant shall, except with the previous sanction of the Commissioner, lend money to any person possessing land or valuable property within the local limits of his authority or at interest to any person:Provided that a Corporation servant may make an advance of pay to a private servant, or give a loan of a small amount free of interest to personal friend or relative, even if such person possesses land or valuable properly, within the local limits of his authority.

(5)No Corporation servant shall, save in the ordinary course of his business with a bank or a firm of standing, borrow money from or otherwise place himself under pecuniary obligation to any person within the local limits of his authority, or any other person with whom he is likely to have official dealings nor shall permit any member of his family, except with the previous sanction of the Commissioner to enter into any such transaction :Provided that a Corporation servant may accept a purely temporary loan of a small amount, free of interest, from a personal friend or relative or operate a credit account with a bonafide tradesman.

(6)When a Corporation servant is appointed or transferred to a post of such nature as to involve him in the breach of any of the provisions of clause (4) or clause (5), he shall forthwith report the circumstances to the Commissioner, and shall, thereafter, act in accordance with such orders as may be passed by the Commissioner.

(7)Corporation servant may become member of, and place deposits in, non-agricultural co-operative societies, including the Tamil Nadu Co-operative Bank Limited and other Central Banks.

(8)Corporation servant may place deposits in, and purchase debenture of, the Tamil Nadu Co-operative Central and Land Mortgage Bank Limited, but shall not hold an office therein or take any part in the management thereof.

(9)A Corporation servant may, with the previous sanction of the Commissioner, become a member of a Land Mortgage Bank or House Mortgage Bank, provided that he already owns land or house, as the case may be, in the area within the jurisdiction of such bank, but shall not hold any office therein or take any part in the management thereof.

(10)If a Corporation servant is appointed or transferred to any area within the jurisdiction of a Land Mortgage Bank or House Mortgage Bank of which he is a member, he shall, at once, bring the fact to the notice of his immediate superior who, if he has authority to do so, may re-post the Corporation servant to an area outside the jurisdiction of that bank, or if he has no authority to do so, submit the case for the orders of the officer having such authority.

(11)Corporation servant may take out insurance policies from, and become member of, the South India Co-operative Insurance Society Limited.

(12)Corporation servant may become member of Co-operative House Building Societies.Explanation. - Co-operative House Building Societies aforesaid shall include all types of Co-operative Societies whose object is the construction of houses for their members or the grant of loans for such construction by their member.

(13)Notwithstanding anything contained in this by-law, a Corporation servant may borrow money from a Co-operative society of which he is a member, provided that the borrowing is on personal security, the surety shall be a status equal to or higher than, that of the borrower.

(14)The prohibition against lending and borrowing of money applies to all loans, creditors, advances, supply of articles or accommodation at unduly low rates for insufficient consideration and to sales of property for inordinately low prices.

(15)The fact that a Corporation servant lending money in acting as an executor, administrator or as a trustee without profit or advantage to himself shall not exempt him from the operation of this by-law.

(16)A Corporation servant who belongs to Joint Hindu family carrying on the business of money lending as an ancestral profession is exempted from the prohibition, provided that he takes no active part in the business and is not employed in a place in which, the business of the joint Hindu family is carried on.

(17)A Corporation servant engaged in teaching is prohibited from having pecuniary relations with any pupil or ex pupil or parent or guardian of any pupil, ex pupil or with the staff of establishments of the school in which he is employed.

7. Movable, immovable and valuable property.

(1)No Corporation servant shall, except after notice to the Commissioner, acquire or dispose, of any immovable property by lease, s mortgage, purchase, sale, gift, exchange or otherwise either in his own name or in the name of any member of his family. Such notice will be necessary even where any immovable property is acquired by any member of the family of the Corporation servant out of the resources of the Corporation servant:Provided that any such transaction conducted otherwise than through regular reputed dealer, shall require the previous sanction of the Commissioner:Provided further that the previous sanction of the Commissioner shall not be necessary for the acquisition of immovable property assigned by the Government to the Corporation servant.

(2)A corporation servant who enters into any transaction concerning any movable property exceeding two thousand rupees in value, whether by way of purchase, sale or otherwise, shall forthwith report such transaction to the Commissioner:Provided that no Corporation servant shall enter into any such transaction except with or through regular or reputed dealer or agent or with the previous sanction of the Commissioner:Provided further that a Corporation servant who is about to quit the local limits of his official authority may, without reference to the Commissioner, dispose of any of his movable property by circulating lists of it among the public generally or by causing it to be sold by public auction.Explanation 1. - For the purpose of this clause, the expression "movable property" includes the following property, namely :-

(a)jewellery, insurance policies, shares, securities and debentures;

(b)loans advanced by such corporation servant, whether secured or not;

(c)motor cars, motor cycles, horses or any other means of conveyance;and

(d)refrigerators, radios and radiograms.

Explanation 2. - For the purpose of clauses (1) and (2), the Tamil Nadu State Housing Board constituted under the Tamil Nadu State Housing Board Act, 1961 (Tamil Nadu Act 17 of 1961) or any Housing Unit established by the said Board or a society under the Tamil Nadu Co-operative Societies Act, 1961 [(Tamil Nadu Act 53 of 1961)] [Tamil Nadu Co-operative Societies Act, 1961 (Tamil Nadu Act 17 of 1961) has be repealed and re-enacted as the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983).] shall be deemed to be a regular or reputed dealer.

(3)Every corporation servant shall, within three months of his first appointment to the corporation service and thereafter at intervals of every twelve months, submit a return as required by clause (7) in Form A appended to these by-laws of all immovable properties owned, acquired or inherited by him or held by him on lease or mortgage either in his own name or in the name of any member of his family or in the name of any other person.

(4)The Government or any authority or officer empowered by them in this behalf may, at any time, by general or special order, require a Corporation servant to submit, within a period specified in the order, a full and complete statement of such movable or immovable property held or acquired by him or by any member of his family as may be specified in the order. Such statement shall, if so required by the Government or by the authority or officer so empowered, include details of the means by which, or the source from which such property was acquired.

(5)The prescribed authority for the purpose of this by-law shall be the Commissioner.

(6)Whenever a Corporation servant, by inheritance, succession or bequest, becomes possessed of immovable property in the place in which he is employed or of such interest in such immovable property as is contemplated by this by-law, he shall communicate all particulars thereof through the usual channel to the prescribed authority.

(7)Every member of a corporation service shall submit not later than the 15lh January each year, through the usual channel to the prescribed authority, a statement in Form A appended to these by-laws, showing all the immovable property of which he stood possessed or in which he had an interest at the close of the preceding calendar year :Provided that if in any year a corporation servant has neither acquired nor relinquished or otherwise disposed of any immovable property or any interest in immovable property, he need not submit the statement referred to above:Provided further that in respect of immovable property acquired by any member of his family to a Corporation servant shall furnish a certificate to the Commissioner in the following form along with the Statement of immovable property referred to above.The immovable properties mentioned in the statement annexed have been purchased by..............(here give the name of the purchaser, etc. and the nature of relationship to Corporation servant) out of funds not belonging to me, 1 have no responsibility in regard to the transaction.

(8)If a Corporation servant receives an order of transfer to a place in which he possesses or has an interest in immovable property, he shall, at once, bring the fact to the notice of his immediate official superiors.

(9)The head of the department shall maintain a register in Form B appended to these by-laws showing all immovable properties held by each Corporation servant and shall revise it each year with reference to the particulars furnished under clause (7) above.

(10)Any attempt to mislead and any failure to give full and correct information shall render the Corporation servant concerned liable to dismissal from service.

(11)The restrictions on the acquisition and possession of immovable properly shall apply to the acquisition and possession of any personal interest in such property and to the acquisition and possession of such property by a Corporation servant in the name of any other person, but not the acquisition or possession of an interest as trustee, executor or administrator only.

(12)Except in accordance with the Standing Order of the [Board of Revenue] [The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, the Standing Order of Board of Revenue is called as Revenue Standing Order.], no Government land shall be sold or granted on lease to any Corporation servant.

(13)

(a)A Corporation servant shall not acquire land or other immovable properties except with the prior permission from the Commissioner.

(b)An annual statement shall be submitted to the Commissioner by the heads of the departments not later than the 15th January in each year, of cases in which special permission has been granted by them for -

(i)the acquisition by a Corporation servant of immovable properly in the place to which he has been transferred;

(ii)the retention by a Corporation servant of immovable property in a place to which he has been transferred.

(c)Nothing contained in sub-clauses (a) and (b) shall apply to the acquisition of land including house sites through the Tamil Nadu Housing Board constituted under the Tamil Nadu State Housing Board Act, 1961 (Tamil Nadu Act 17 of 1961) or any Housing Unit established by the said Board or a Society registered or deemed to be registered as a Co operative Society under the [Tamil Nadu Co-operative Societies Act, 1961] [This Act has been repealed and re-enacted as the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983).] (Tamil Nadu Act 53 of 1961) or any other law for the time being in force.

(14)In the case of a family governed by the Marumakkulthayam or Aliyasantana Law, a junior member, who is a Corporation servant shall not ordinarily be required to obtain sanction, when immovable property is acquired by the managing member on behalf of the family, but this exception shall not apply to any acquisition, even though made in the name of the karnavan or yejman if it is shown that it is really intended to be the self acquired property of the Corporation servant.

(15)The annual return shall include all immovable properties acquired or registered in the name of the Corporation servant either on his own account or as a trustee, executor or administrator or temple mirasdar or acquired or registered in the name of, or held or managed by his wife or by any other member of his family living with or in any way dependent on him. In the case of a Corporation servant who follows the Marumakkulthayam or Aliyasanthana Law, the statement shall include acquisition of immovable property by his consort.

8. Private trade or employment.

- No Corporation servant shall, except with the previous sanction of the Commissioner, engage himself directly or indirectly in any trade or business or undertake any employment:Provided that the Corporation servant may, without such sanction, undertake honorary work of a social or scientific character, subject to the condition that his official duties do not thereby suffer, but he shall not undertake or shall discontinue such work if so directed by the Commissioner:Provided further that nothing contained in this clause shall be deemed to require a Corporation servant who is nominated by the Government as a member of an official body or a non-official body or an organisation or who seeks election as a member of a University body by virtue of the post of Headmaster held by him to obtain the previous sanction of the Commissioner for undertaking and discharging his duties as such member.Explanation. - Canvassing by a Corporation servant in support of the business of insurance agency and such like owned or managed by his wife or any other member of his family shall be deemed to be a breach of this clause.

(2)No Corporation servant shall, except with the previous sanction of the Commissioner, take part in the registration, promotion or management of any bank or company registered under the Banking Companies Act, 1949 (Central Act X of 1949), or the Companies Act, 1913 (Central Act VII of 1913), or the Companies Act, 1956 (Central Act 1 of 1956), or any other law for the time being in force :Provided that a Corporation servant may, subject to clauses (7) to (10), take part in the registration, promotion or management of a co-operative society registered or deemed to be registered under the [Tamil Nadu Co operative Societies Act, 1961] [This Act has been repealed and re-enacted as the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983).] (Tamil Nadu Act 53 of 1961) or any other law for the time being in force or of a literary, scientific or charitable society registered under the Tamil Nadu Societies Registration Act, 1975 (Tamil Nadu Act 27 of 1975) or any other law for the time being in force.

(3)

(a)A Corporation servant shall not act as an arbitrator in any case without the sanction of the Commissioner unless he be so directed to act by a Court having authority to appoint an arbitrator.

(b)No Corporation servant shall act as an arbitrator in any case which is likely to come before him in any shape by virtue of executive office which he maybe holding.

(c)If a Corporation servant acts as an arbitrator at the private request of the disputants, he shall not accept any fees.

(d)If he acts by appointment of a Court of Law, he may, notwithstanding anything contained in Subsidiary Rule 4 under Fundamental Rules 46 and 47, accept such fees as the Court may fix.

(4)

(a)A Corporation servant shall not, without the permission of the Commissioner, publish any book or engage himself habitually in literary or artistic work of any kind.

(b)Permission to publish a look shall ordinarily be given subject to the condition that the Corporation servant does not use his time and official influence for promoting the sale of copies of the book.

(c)Permission to accept remuneration on "royalty basis" from the publishers shall be given in all cases except in the case of text books for use in educational institutions. In the case of text books, permission to accept remuneration shall be given subject to the condition that the Corporation servant retains no interest in the sale of copies of the book and that he receives only a lumpsum as remuneration from the publisher.

Explanation. - For determining whether a book is a text book or is a general book, the chief consideration shall be whether it is being submitted to the text book committee, in the case of the text book for elementary and secondary schools and whether it is a book written according to the syllabus prescribed by the University and is being submitted to the appropriate University body for approval, in case of text books for colleges. A general book which may later happen to be approved as a text book shall not be deemed to be a text book for purposes of this clause.

(d)While applying to the Commissioner for permission to publish a book which relates to acts or policies of Government, the Corporation servant shall submit to the Government for scrutiny a manuscript copy thereof.

(e)No Corporation servant, who is a member of the textbook committee shall write or edit any text book for use in a recognised school during his membership of the Committee.

Explanation. - "A recognised school" shall mean a school maintained by or opened with the sanction of the Government or to which recognition has been accorded under the Tamil Nadu Education Rules or under the rules framed under the Tamil Nadu Elementary Education Act, 1920 (Tamil Nadu Act VIII of 1920).

(5)A Corporation servant may, without a previous permission of the Commissioner, engage for driving his car, the peon assigned to him, but such engagement shall be a private engagement between the officer and the peon and shall not form part or, interfere in any manner with the normal official duties of such peon.

(6)The employment of a Corporation servant by an Officer in making purchases or in any private matter in which the receipt of expenditure of money is concerned is most strictly prohibited. Nothing in this by-law shall preclude an officer from employing a Corporation servant providing for him a conveyance or necessary supplies while he is travelling on duty though in all such transactions constant vigilance is needed to prevent cheating and extortion.

(7)No Corporation servant in the Public Health and Medical Department shall maintain or have any financial interest in a private nursing home, hospital or similar establishment. Nor shall habitually accommodate paying patients in his own residence for more than 24 hours. He may, however, treat patients in a private nursing home, provided that the home is not reserved for the admission of his own cases and allows admission of patients of any other registered medical practitioner.

(8)No Corporation servant shall accept a paid employment in any company, mutual benefit society or co-operative society or act as an agent, whether paid by salary or commission to any insurance company or society:Provided that a Corporation servant may take part in the management of mutual benefit society, if he has first obtained the sanction of the Commissioner and certificate from him to the effect that the work undertaken will be performed without detriment to his official duties and such Corporation servant does not accept a remuneration.

(9)Corporation servant shall be at liberty to take part in the promotion of cooperative societies, but no Corporation servant shall, except with the sanction of the Commissioner, hold office in any co-operative society or serve on any committee appointed for the management of its affairs unless the society is composed wholly of Corporation servants or partly of Corporation servants and partly employees of Government:Provided that the Corporation servant may hold office in co-operative house building societies or serve on any committee appointed for the management of its affairs.Explanation. - Co-operative house building societies aforesaid shall include all types of co-operative societies whose object is the construction of houses for their members or the grant of loans for such construction by their members.

(10)Subject to the sanction and certificate referred to in clause (8) and notwithstanding anything contained in Subsidiary Rule 4 under Fundamental Rules 46 and 47, a Corporation servant, who is a member of a co-operative society composed wholly of Corporation servants or partly of Government servants may accept remuneration for keeping the accounts of the society.

(11)The Commissioner may grant permission to Corporation servant to attend and take part in such of the meeting, conference and committees in which the Government have agreed to participate.

9. Insolvency and habitual indebtedness.

- A Corporation servant shall endeavour to avoid habitual indebtedness or insolvency. If a Corporation servant is adjudged or declared insolvent, or has incurred debts aggregating a sum which in ordinary circumstances, he could not repay within a period of two years or if a part of his salary is frequently attached for debt, has been continuously so attached for a period of two years, or is attached for a sum which in ordinary circumstances, he could not repay within a period of two years, he shall be presumed to have contravened this by-law. But, he shall not be so deemed if he proves that the insolvency or indebtedness is the result of circumstances which, with the exercise of a ordinary diligence, he could not have foreseen or over which he had no control, and had not proceeded from extravagant or dissipated habits. A Corporation servant who becomes the subject of a legal proceedings for insolvency shall forthwith report the full facts to the Commissioner.

10. Unauthorised Communication of information.

(1)No Corporation servant shall, except in accordance with any general or special order of the Government or Commissioner or in the performance in good faith of the duties assigned to him, communicate, directly or indirectly, any official document or information to any Corporation servant or to any other person to whom he is not authorised to communicate such document or information.

(2)Clause (1) shall also apply to the Corporation Legal Adviser and other officials who are not full time officers, but are engaged by the Corporation to do the specified work without prejudice to the regular exercise of their profession in other respects.

11. Connection with Press or Radio.

(1)No Corporation servant shall, except with the previous sanction of the Commissioner, own wholly or in part, conduct or participate in the editing or managing of, any newspaper or other periodical publication.

(2)No Corporation servant shall, except with the previous sanction of the Commissioner or in bona fide discharge of his duties, participate in a radio broadcast or contribute any article or write any letter either anonymously or in his own name or in the name of any other person to any newspaper or other periodical publication:Provided that no such sanction shall be required if such radio broadcast, contribution or writing is of purely literary, artistic or scientific character.

(3)A Corporation servant who is invited or who wished to deliver a broadcast talk shall intimate to the Commissioner the subject on which he proposes to talk and it is on subject directly or indirectly connected with his official duties, or if so required shall submit the full text of the talk for his approval before it is delivered.

(4)The provisions of clauses (2) and (3) shall apply mutatis mutandisto the playing of prepared recitals or gramophone records.

(5)The by-law shall also apply to the Corporation Legal Adviser and other officials who are not full time officers, but are engaged by the Corporation to do specific work without prejudice to the regular exercise of their profession in other respects.

12. Criticism of Government or Corporation.

(1)No Corporation servant shall, in any radio broadcast or in any document published anonymously on his own name or in the name of any other person or in any communication to the press or in any public utterance make any statement of fact or opinion-

(i)which has the effect of an adverse criticism of any current or recent policy or action of, the Corporation Council, the State Government or any State or Central Government;

(ii)which is capable of embarrassing the relations between the Corporation Council and the Government of any State or Central Government; and

(iii)which is capable of embarrassing the relations between the Central Government and the Government of any foreign State:

Provided that nothing in this by-law shall apply to any statement made or views expressed by a Corporation servant in his official capacity or in the due performance of the duties assigned to him.

(2)A Corporation servant shall not, except on the discharge of his official duties, preside over or take part in the organisation or occupy a prominent position at or address, any non-official meeting or conference at which it is likely that speeches may be made or resolutions may be proposed or passed criticising the action of the Corporation Council or the Government or requesting the Corporation Council or the Government to take certain action other than to make grants admissible under the Government rules or orders in support of educational or similar institutions.Explanation. - Regularly convened meetings for the transaction of their legitimate business of Corporation Council, Municipal Councils and similar bodies established by law or created by the Government and of associations of Corporation servants recognised by the Government and of committees or branches of such bodies or associations and meetings called by the Sheriff of1 [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] are not "non-official" meetings for the purpose of this by-law.

(3)Nothing contained in this by-law shall be deemed to prohibit any Corporation servant from participating in discussion at any private meeting solely of Corporation servants or of any recognised association of Corporation servants of matters which affect the personal interests of such services individually or generally :Provided that nothing contained in this clause shall be construed to limit or abridge the power of the Corporation Council to require any Corporation servant to publish and explain any policy or action of the Government in such manner as may appear to them to be expedient or necessary.

(4)A Corporation servant who intends to publish any document or to make any communication to the press or to deliver any public utterance containing statements in respect of which any doubt as to the application of the restrictions imposed by this by-law may arise, shall submit to the Corporation Council, a copy or draft of the document which he intends to publish or the utterance which he intends to deliver, and shall thereafter act in accordance with such orders as may be passed by the Corporation Council.

(5)This by-law shall not apply to the Corporation Legal Adviser. But it shall apply to the officials who are not full time officers but are engaged by the Corporation to do specified work without prejudice to the regular exercise of their-profession in other respects.

13. Evidence before committee or any other authority.

(1)Save as provided in clause (3), no Corporation servant shall, except with the previous sanction of the Commissioner, give evidence in connection with any inquiry conducted by any person, committee or authority.

(2)Where any sanction has been accorded under clause (1), no Corporation servant giving such evidence shall criticise the policy or any action of the Corporation Council, Central Government or of a State Government.

(3)Nothing in this by-law shall apply to-

(a)evidence given in any inquiry before an authority appointed by the Government or by Parliament or by a State Legislature ; or

(b)evidence given in any judicial inquiry; or

(c)evidence given at any departmental inquiry ordered by the head of the department or the Government.

(4)This by-law shall not apply to the Corporation Legal Adviser. But it shall apply to other officials who are not full time officers, but are engaged by the Corporation to do specified work without prejudice to the regular exercise of their profession in other respects.

14. Taking part in politics and elections.

(1)No Corporation servant shall be a member of, or he otherwise associated with, any political party or any organisation which takes part in politics nor shall he take part in, subscribe in aid of, or assist in any other manner, any political movement or activity.

(2)It shall be the duty of every Corporation servant to endeavour to prevent any member of his family from taking part in, subscribing in aid of, or assisting in any other manner, any movement or activity which is or tends directly or indirectly to be subversive of the Government as by law established or the corporation and where the Corporation servant is unable to prevent a member of his family from taking part in, or subscribing in aid of, or assisting in any other manner, any such movement or activity, he shall make a report to that effect to the Commissioner.

(3)If any question arises whether any movement or activity falls within the scope of this by-law, the decision of the Commissioner thereon shall be final.

(4)No Corporation servant shall canvass or otherwise interfere or use his influence in connection with, of, take part in, an election to any legislature or local authority:Provided that -

(i)a Corporation servant qualified to vote at such election may exercise his right to vote, but when he does so, he shall give no indication of the manner in which he proposes to vote or has voted;

(ii)a Corporation servant shall not be deemed to have contravened the provisions of this by-law by reason only that he assists in the conduct of an election in the due performance of a duty imposed on him by or under any law for time being in force.

Explanation. - (1) Nothing contained in this clause shall be deemed to prohibit the wife of a Corporation servant or any other member of his family living with or in any way dependent on him from standing for election to any legislature or to any local authority and from canvassing for other candidates.

(2)The display by a Corporation servant on his person, vehicle or residence of any electoral symbol shall amount to using his influence in connection with an election within the meaning of the clause.

(5)Seditious propaganda or the expressing of disloyal sentiments by a Corporation servant shall be regarded as sufficient grounds for dispensing with the services. Such conduct in the case of a pensioner shall be dealt with under Article 351 of the Civil Service Regulation.

(6)A Corporation servant proposing or seconding the nomination of a candidate at an election or acting as polling agent shall be deemed to have committed a breach of this by-law.

(7)The above by-law shall apply to the Corporation Officials who are not full time Officers, but are engaged by the Corporation to do specified work without prejudice to the regular exercise of their professions in other respects.

15. Vindication of acts and character of Corporation servants.

(1)No Corporation servant shall, except with the previous sanction of the Commissioner, have recourse to any Court or to the press for the vindication of any official act which has been the subject matter of adverse criticism or an attack of defamatory character.Explanation. - Nothing in this by-law shall be deemed to prohibit a Corporation servant from vindicating his private character or any act done by him in his private capacity.

(2)No Corporation servant shall, except with the previous sanction of the Commissioner, accept from any person or body of persons compensation of any kind for any malicious prosecution brought against him or for any defamatory attack make on his public acts or character unless such compensation has been awarded by a competent Court.

16. Membership of service Association.

- No Corporation servant shall be a member, representative or officer of any association representing or purporting to represent Corporation servants or any class of Corporation servants unless such association 1 satisfies the following conditions, namely :-

(a)Membership of the association shall be confined to a distinct class of Corporation servants and shall be open to all Corporation servants of that class.

(b)The association shall not, in any way, be connected with any political party or organisation or engage in any political activity.

(c)The association shall not, in any way, be connected with, or affiliated to-

(i)any Association which does not; or

(ii)any federation of association which do not satisfy conditions (a) and (b).

(d)The Association shall not-

(i)issue or maintain any periodical publication except in the accordance with any general or special order of the Government;

(ii)except with the previous sanction of the Government, publish any representation on behalf of its members, whether in the press or otherwise;

(iii)in respect of any election to a legislative body whether in India or elsewhere, or to a local authority or body-

(a)pay or contribute towards any expenses incurred in connection with his candidature by a candidate for such election;

(b)by any means support the candidature of any person for such election; or any1

(c)undertake or assist in the registration of election or the selection of a candidate for such election.

(iv)maintain or contribute towards the maintenance oi any member of a legislative body, whether in India or elsewhere of any member of a local authority or body; or

(v)pay, or contribute towards the expenses of any trade union which has constituted a fund under section 16 of the Indian Trade Union Act, 1926 (Central Act XVI of 1929):

Provided that conditions (a) and (b) shall not be held to debar any Corporation servant from remaining or becoming a member of the Indian Officers Association and that the Government may, for reasons to be recorded in writing by general or special order, dispense with those conditions in the case of the association.

(e)The association shall not indulge in activities prejudicial to the sovereignty and integrity of India or morality or public order.

17. Employment under or with near relatives in service and employment of near relatives in firms enjoying Corporation patronage.

(1)

(a)Every Corporation servant shall inform the head of the department of any reason that there may be way it is undesirable in the public interest that he should be employed in a particular circle of division such as the near relationship of himself or his wife to any person or any persons residing in that circle or division.

(b)

(i)Every Corporation servant shall inform the head of the department if a member of a Corporation service closely related to him is posted to work under him.

(ii)Every Corporation servant shall inform the head of the department if he is posted to work under a member of a Corporation service or a state service who is closely related to him.

(2)No Corporation servant shall, except with the previous sanction of the Commissioner, permit his son, daughter or dependent to accept employment with any private firm which has official dealings or with any other firm having official dealings with the Corporation :Provided that where the acceptance of the employment cannot await the prior permission of the Commissioner or is otherwise considered urgent, the matter shall be reported to the Commissioner and the employment may be accepted provisionally subject to the permission of the Commissioner.

(3)No Corporation servant shall, in the discharge of his official duties, deal with any matter or give or sanction any contract to any undertaking or any other person if a member of his family is employed in that undertaking or under that person or if he or a member of his family is interested in such matter or contract in any other manner and the Corporation servant shall refer every such matter or contract to the heads of the department and the matter or contract shall, thereafter, be disposed of according to the instruction of the authority to whom the reference is made.

18. Canvassing of non-official or other outside influence.

- No Corporation servant shall bring or attempt to bring any political or the outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under the Corporation.Explanation. - (1) A Corporation servant causing his own case to be made a subject of an Interpellation in Corporation Council or the State Legislature shall be deemed to have contravened this by-law.Explanation. - (2) When MLAs, MLCs, MPs and other non-Officials make representations on behalf of individual Corporation servant to Ministers, heads of departments or other higher officers, it shall be presumed that the concerned Corporation servant was responsible for bringing political or outside influence to bear up on the superior authority to further his interest unless he proved to the contrary.

19. Bigamous marriages.

(1)No Corporation servant, who has a wife living, shall contract another marriage without first obtaining the permission of the Commissioner notwithstanding that such subsequent marriage is permissible under the personal law for the time being applicable to him.

(2)No woman Corporation servant shall marry any person, who has a wife living, without first obtaining the permission of the Commissioner.

20. Integrity and devotion to duty.

- Every Corporation servant shall, at all times, maintain absolute integrity and devotion to duty.

21. Strikes.

- No Corporation servant shall engage himself in strike or in incitements thereto or in similar activities.Explanation. - For the purpose of this by-law, the expression "similar activities" shall be deemed to include the absence from work or neglect of duties without permission and with the object of compelling something to be done by the heads of departments or the Commissioner or the Government or any demonstrative fast, usually called "hunger strike" for similar purpose.

22. Demonstration.

- No Corporation servant shall engage himself or participate in any demonstration which is prejudicial to the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or which involves contempt of Court, defamation or incitement to an offence.

23. Joining of associations by Corporation servant.

- No Corporation servant shall join or continue to be a member of an association the objects or activities of which are prejudicial to the interests of the sovereignty and integrity of India and public order or morality.

24. Consulting a medical practitioner for the purpose of obtaining leave.

- It shall be the duty of every Corporation servant who consults a medical practitioner with a view to obtaining leave or an extension of leave on medical certificate to disclose-to that practitioner the fact of having consulted any other practitioner for the same purpose and the result of such consultation. Omission on the part of any Corporation servant to do this or any false statement made by him to a medical practitioner in this respect shall entail serious departmental action.

25. Recommendation.

- No Corporation servant shall, except by endorsement on a written application submitted by a candidate officially through him, recommend to any selecting, appointing or promoting authority, or to any individual who is a member of any such authority, or of its staff, any candidate for any post in the service of, the Corporation.

26. Purchase of resignation.

- Corporation servants are hereby prohibited from entering into any pecuniary arrangement for the resignation by one of them of any office under the Corporation for the benefit of the others. Any nomination or appointment consequent upon such resignation shall be cancelled and such parties to the arrangement as are still in the service shall be suspended, pending the orders of the Government.

27. Representations to Ministers.

- No Corporation servant shall make representations to Ministers direct or send direct to Ministers advance copies of such representations made by him to the Government through the proper official channel.

28. Refusal to receive pay.

- Concerted or organised refusal on the part of Corporation servant to receive his pay shall entail serious disciplinary action.

29. Application for private employment.

(1)No person employed in any Corporation service or post in connection with the affairs of the Corporation shall apply for private employment or signify his willingness to accept such employment without having previously obtained the permission, in writing, of the appointing authority in respect of the post which he is holding :Provided that, in the case of any such person who is on leave preparatory to retirement, such permission may be given by the appointing authority in respect of the post.

(2)

(a)Permission to apply for or accept private employment shall normally be granted to a person who is on leave preparatory to retirement unless the employment is in a trading concern in India. Permission to apply for or accept private employment in a trading concern in India shall be granted only in very exceptional cases and may be subject to the condition of immediate retirement.

(b)Permission to apply for or accept private employment shall not be granted to any other person unless the Commissioner is satisfied that his premature resignation may be accepted without detriment to the public service.

(c)The previous approval of the Corporation and the State Government shall be obtained in the case of application from persons who have been given special and expensive training at the cost of the Corporation and the State Government to increase their utility to the Corporation and the State Government.

(3)Where a person who is not on leave preparatory to retirement is permitted to apply for or accept private employment, he shall resign his appointment under the Corporation immediately on accepting such employment.

30. Application for posts.

- A person employed in Corporation service under the administrative control of the Corporation applying for a post under the State Government or another State Government shall submit his application through the authority competent to appoint him to the post which he holds at the time of making the application. Such authority shall decide whether the applicant shall be permitted to apply in the case of an application for post under the State Government or another State Government for order with its recommendations. In making a recommendation in this regard, the fact that the applicant has been given special training wholly or partly at the cost of the Corporation or the State Government shall also be taken into consideration. Ordinarily applications may be forwarded unless it is considered that by so doing the interests of Corporation Service are likely to suffer.

31. Interpretation.

- If any question arises relating to the interpretation of these by-laws, it shall be referred to the Government whose decision thereon shall be final.Form A[See clauses (3) and (7) of by-law 7]Statement of immovable property on first appointment for the year ...

1. Name of the Officer (in full) and service to which theofficer belongs.
2. Name of the Officer and department in which employed.
3. Present post held.
4. Date of appointment.
5. Present Pay.

Name and Details of Property

Name of District/ Taluk and village in whichproperty is situated	Housing and other buildings	Lands and other buildings	Present value	If not in his own name, state in whose names heldand his/ her relationship to the Corporation servant
(1)	(2)	(3)	(4)	(5)

How acquired whether by purchase, [lease],mortgage, inheritance, gift or otherwise with date of acquisitionname with details of person or persons from whom acquired	Annual income from the property	Remarks (by what means, for what purpose, theproperty was acquired should also be and stated here)
(6)	(7)	(8)

1. Includes short-term lease also

Inapplicable clause to be struck out.In cases, where it is not possible to assess the value accurately, the approximate value in relation to present condition may be indicated.Date :SignatureExplanation. - The declaration form is required to be filled in and submitted by every Corporation servant on first appointment to the service and thereafter at an interval of every twelve months, giving particulars of all immovable property owned, acquired or inherited by him or held by him on lease or mortgage or otherwise either in his own name or in the name of any member of his family or in the name of any other person.Form-B[See clause (9) of by-law 7]Register of immovable property and interest in immovable property held by the corporation servant.

Name of the Corporation servant	Date of entertainment in the Corporation service	Department in which employed	District and division in which property issituated	Nature of property	Extent	Assessment
(1)	(2)	(3)	(4)	(5)	(6)	(7)

In whose name registered	When acquired, inherited, etc.	By what means and for what purpose acquired	Nature of interest possessed by the officerconcerned in such property	Remarks
(8)	(9)	(10)	(11)	(12)

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