Tamil Nadu Government Servants (Conditions of Service) Act, 2016
No: 14 Dated: Sep, 14 2016
Tamil Nadu Government Servants (Conditions of Service) Act, 2016
(Act No. 14 of 2016)
An Act to regulate the Service conditions of the Tamil Nadu Government Servants.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-seventh Year of the Republic of India as follows:-
1. Short title and Commencement. - (1) This Act may be called the Tamil Nadu Government Servants (Conditions of Service) Act, 2016.
(2) Sub-section (1) of section 40 shall be deemed to have come into force on the 1st January 1955 and all the remaining provisions of this Act shall come into force at once.
2. Application. - This Act shall apply to the holders of all posts, whether temporary or permanent, in all State and Subordinate Services except to the extent otherwise expressly provided-
(a) by or under any law for the time being in force; or
(b) in respect of any member of such service by a contract or agreement subsisting between such member and the Government.
3. Definitions. - In this Act, unless the context otherwise requires,-
(a) "appointed by transfer" means appointment of a member of a service from one category to another category in the same service carrying identical scale of pay or pay band;
(b) "appointed to a service" means when a person appointed in accordance with this Act or in accordance with the rules applicable at the time, as the case may be, discharges, for the first time the duties of a post borne on the cadre of such service or commences the probation, instruction or training prescribed for members thereof.
Explanation. - The appointment of a person holding a post borne on the cadre of one service to hold additional charge of a higher post in the same service or a post borne on the cadre of another service or to discharge the current duties thereof does not amount to appointment to the latter service;
(c) "approved candidate" means a candidate whose name appears in an authoritative list of candidates approved for appointment to any service, class or category;
(d) "approved probationer" means member of a service, class or category, who has satisfactorily completed his probation and awaits appointment as a full member of such service, class or category;
(e) "Arunthathiyars" means the castes, Arunthathiyar, Chakkiliyan, Madari, Madiga, Pagadai, Thoti and Adi Andhra within the list of 76 Scheduled Castes notified by the President of India under Article 341 of the Constitution by the Constitution (Scheduled Castes) Order, 1950;
(f) "Backward Classes" means the communities specified as Backward Classes, Backward Class Muslims, Most Backward Classes and Denotified Communities in Parts A, B, C and D respectively, of Schedule-I.
Explanation. - Persons who belong to the State of Tamil Nadu alone, who belong to one of the communities specified in Schedule-I, shall be treated as persons who belong to one of such communities;
(g) "Commission" means the Tamil Nadu Public Service Commission;
(h) "committee on appeals" means the committee specified in section 67;
(i) "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;
(j) "ex-servicemen" means,-
(i) any person, who had served in any rank (whether as combatant or not) in the Armed Forces of the Union and has been released therefrom on or before the 30th June 1968 otherwise than by way of dismissal or discharge on account of misconduct or inefficiency; or
(ii) any person, who had served in any rank (whether as combatant or not) in the Armed Forces of the Union for a continuous period of not less than six months after attestation and released therefrom between 1st July 1968 and 30th June 1979 (both days inclusive) otherwise than by way of dismissal or discharge on account of misconduct or inefficiency; or
(iii) any person, who had served in any rank (whether as combatant or not) in the Armed Forces of the Union for a continuous period of not less than six months after attestation, if released between 1st July 1979 and 30th June 1987 (both days inclusive),-
(a) for reasons other than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency; or
(b) at his own request after serving for a period of not less than five years; or
(iv) any person, who had served in any rank (whether as combatant or not) in the Armed Forces of the Union, and had retired or had been released on or after 1st July 1987 from such service,-
(a) at his own request after earning his pension; or
(b) on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or
(c) otherwise than at his own request after earning his pension, as a result of reduction in establishment; or
(d) after completing specific period of engagement, otherwise than at his own request or by way of dismissal or discharge on account of misconduct or inefficiency and has been given a gratuity;
(v) any person of the Territorial Army of the following categories, namely, pension holder for continuous embodied service, person with disability attributable to military service and gallantry award winner retired on or after 15th November 1986;or
(vi) any person of the Army Postal Service who retired on or after 19th July 1989 directly from the said service without reversion to Postal and Telegraph Department with pension or who has been released on or after 19th July 1989 from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or
(vii) any person discharged on or after July 1987 under Army Rule 13(3) III (V) for the reason that his service is no longer required and in receipt of pension:
Provided that in all cases, an ex-serviceman once recruited to a post in any service or class or category, cannot claim the concession of being called an exserviceman for his further recruitment:
Provided further that a person discharged before July 1987 under Army Rule 13 (3) III (V) for the reason that his service is no longer required is not an ex-serviceman;
(k) "full member" means a member whose service has been confirmed in the service in which he has been first appointed;
(l) "Government" means the State Government;
(m) "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 member of that service;
(n) "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 Armed Reserve Police 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 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 condition 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 the 2nd April 1946, it shall not be reckoned as military duty; or
(ii) It must have been rendered within the period commencing on the 26th October 1952 and ending with the 10th January 1968;
(o) "on duty" means a person as a member of a service,-
(i) when he is performing the duties of a post borne on the cadre of such service or is undergoing the probation, instruction or training prescribed for such service;
(ii) when he is on joining time; or
(iii) when he is absent from duty during vacation or on authorised holidays or on casual leave taken in accordance with the instructions regulating such leave issued by the Government having been on duty immediately before and immediately after such absence;
(iv) when he has compulsorily to wait for orders of posting on return from leave;
(p) "probationer in a service" means a member of that service who has been placed on probation as prescribed in the special rules applicable to him and not completed his probation;
(q) "promotion" means the appointment of a member of any category or grade of service or class of service to a higher category or grade of such service or class;
(r) "recruited direct to a service" means when a candidate, in case his first appointment to a service, class or category has to be made in consultation with the Commission, on the date of its notification inviting applications for the recruitment and in any other case, at the time of his first appointment thereto, he is not in the service of the Government of India or the Government of a State:
Provided that, for the purpose of this definition, a person shall be deemed to be not in the service of the Government of India or the Government of a State-
(i) if a period of five years has not elapsed since his first appointment to a service of the Government of India or the Government of a State; or
(ii) if he belongs to the Scheduled Castes, Schedules Tribes or Backward Classes;
(s) "recruited by transfer to a service" means,-
(i) if, at the time of his first appointment to a service, class or category, he is either a full member or an approved probationer in the Madras High Court Service or in any other service, the rules for which prescribe a period of probation for member thereof; or
(ii) in case, at the time of his first appointment thereto, he is the holder of a post which has been included in another service but for which no probation has been prescribed, if he has put in that post satisfactory service for a total period of two years on duty within a continuous period of three years.
Explanation. - Where the special rules for a service provide for recruitment to that service or to any class or category thereof by transfer from any specified service, class or category, a candidate need not, for the purpose of such recruitment, be a full member or an approved probationer in the service, class or category so specified, provided he is a full member or an approved probationer in any other service, class or category;
(t) "recruitment agency" means the Tamil Nadu Public Service Commission, the Teachers Recruitment Board, the Tamil Nadu Uniformed Service Recruitment Board, the Tamil Nadu Medical Services Recruitment Board and such other bodies constituted by the Government for selection of candidates for appointment to any service;
(u) "reserve list" means a list which is prepared so as to contain not less than twenty five per cent of the candidates of each reservation group including General Turn in the regular list and shall be in force until the regular list is drawn up subsequently;
(v) "Schedule" means the Schedule appended to this Act;
(w) "Scheduled Castes" means the communities mentioned in Part-A of Schedule-II.
Explanation. - No person who professes a religion different from Hinduism or Sikhism or Buddhism shall be deemed to be a member of a Scheduled Caste:
Provided that nothing contained in this Explanation shall adversely affect the notifications issued and selections or appointments made during the period on and from the 3rd June 1990 to the 1st August 2008;
(x) "Scheduled Tribes" means the communities mentioned in Part-B of Schedule-II;
(y) "service" means a group of persons classified by the Government as a State Service or Subordinate Service, as the case may be.
Explanation. - Where the context so requires, "service" means the period during which a person holds a post or a lien on a post or is a member of a service as above defined;
(z) "Special Rules" means the rules in Part-III of the Tamil Nadu State and Subordinate Service Rules applicable to each service or class of service;