Bare ActsThe Tamil Nadu Government Servants (Conditions of Service) Act, 2016

Section 2

Subs

Amendment status not verified — confirm the current text below against the official source.

Subs. by Tamil Nadu Act 34 of 2019 S.7 [w.e.f. 11.10.2017] 5 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 6 1[“(vii) any person who was on deputation in Army Postal Service for more than six months prior to the 14th day of April 1987; (viii) any person who was boarded out or released on medical grounds and granted medical or disability pension; (ix) 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; (x) such other person as may be notified by the Government from time to time: 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 ex- serviceman 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

Section 2 – The Tamil Nadu Government Servants (Conditions of Service) Act, 2016 | DailyLaw.ai