The Tamil Nadu Municipal Public Health Service (Discipline and Appeal) Regulations, 1973

8/13/2019 The Tamil Nadu Municipal Public Health Service (Discipline and Appeal) Regulations, 1973

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TN Mpl Public Health Service (Discipline and Appeal) Regulations, 1!" 1

THE TAMIL NADU MUNICIPAL PUBLIC HEALTH SERVICE (DISCIPLINE ANDAPPEAL) REGULATIONS, 1973

1. Short tt!" #$% &o''"$&"'"$t#$ (1) These Regulations %a& be called the Ta%il

Nadu Municipal Public Health Service (Discipline and Appeal) Regulations, 1!"#

(') The& shall be dee%ed to have co%e into orce on and ro% the 1st August 1!"#

(") The& shall appl& to

(i) ever& %e%ber holding posts in an& o the categories governed b& the Ta%il Nadu

Municipal Public Health Service Regulations, 1!*#

(i) +ver& person appointed to a class or categor& o the Ta%il Nadu Municipal

Public Service under Rule o -eneral Rules issued in Part .. o the Ta%il Nadu Municipal

Service Rules, 1!*# /ut, the& shall not appl& to an& person appointed to a Municipal Service

on contract under Rule o the -eneral Rules#

Explanation. . an& doubt arises as to application o these regulations to an& person, the

%atter shall be reerred to the State -overn%ent 0hose decision thereon shall be inal#


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TN Mpl Public Health Service (Discipline and Appeal) Regulations, 1!" '

. D"$to$*#$ (i) .n these regulations unless there is an&thing repugnant in the subect

or conte2t

(a) the 0ords and e2pressions other than those deined in these regulations shall havethe sa%e %eaning assigned to the% in Part . o the Ta%il Nadu Municipal Service Rules,

1!*3

(a) 4appellate authorit&4 %eans the authorit& co%petent to entertain and pass orders

setting aside or conir%ing or %odi&ing an original order o a disciplinar& authorit&

i%posing an& o the penalties speciied in Regulation " o these regulations on an& %e%ber

o the service 3

(b) 4disciplinar& authorit&4 %eans the authorit& co%petent to i%pose an& o the

penalties %entioned in Regulation " on a %e%ber o the service subect to the provisions o

Regulation 5#

Explanation. (1) 6here an appellate authorit& passes an original order i%posing an& o

the penalties speciied in Regulation ", he shall, in respect o that order, be dee%ed to be a

disciplinar& authorit

(') A %e%ber o the Ta%il Nadu Public Health Service 0hose services are placed at the

disposal o an& registered co%pan& or bod& corporate registered or established b& a special

statute shall, or the purpose o these rules, be dee%ed to be a %e%ber o such service or

dee%ed to hold such post in the service not0ithstanding that his salar& is dra0n ro% a

source other than the Municipal 7und#

3. P"$#!t"*#$ The ollo0ing penalties, %a&, or good and suicient reason, be i%posed

on an& %e%ber o the service, na%el& 8$

(1) 9ensure#

(1) 6ithholding o incre%ents or pro%otion#

(') Reduction to a lo0er ran: in the seniorit& list or to a lo0er post or ti%escale or to a

lo0er scale in a ti%e scale#

(") Recover& ro% pa& o the 0hole or part o an& pecuniar& loss caused to a %unicipal

council or to an& other local bod& or the State -overn%ent or to the 9entral -overn%ent b&

negligence or breach o orders 8


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TN Mpl Public Health Service (Discipline and Appeal) Regulations, 1!" "

Provided that the recover& ro% the Health Assistant o cost o vaccine 0asted, 0hich

0astage is not satisactoril& e2plained, shall not be considered as punish%ent i%posed on the

Health Assistant#

(;) Recover& ro% pa& to the e2tent necessar& o the %onetar& value e


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ro% the %unicipal service shall, ordinaril&, dis


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TN Mpl Public Health Service (Discipline and Appeal) Regulations, 1!" ;

a %e%ber o the service other than the %e%bers holding the posts in 9lass . and categor& 1 o

9lass .. shall be the Municipal Health >icer#

Explanation. .n case covered b& subclause (1), i the delinicer o the Municipalit& 0here the delinicer, the authorit& appointed to hold additional

charge o the post o Municipal Health >icer, or 0here no additional charge appoint%ents

have been %ade, the +2ecutive Authorit& o the Municipalit& shall e2ercise the po0ers o

Municipal Health >icer under this regulation#

(') The authorit& co%petent to i%pose the penalties speciied in clauses ("), (=), (!),(), () and (1*) o Regulation " on a %e%ber o the service shall be the appointing authorit

Explanation. .n cases covered b& subclause (') in respect o %e%bers o the service in

9lass ..., 9ategor& ' o 9lass .? and 9lass ? i the delinicer o the Municipalit& 0here the delin


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TN Mpl Public Health Service (Discipline and Appeal) Regulations, 1!" =

(") The act that a disciplinar& authorit& has i%posed or declined to i%pose a penalt& inan& case shall not debar the appellate authorit& ro% e2ercising his urisdiction under this

regulation in respect o the sa%e case#

(5) The order o the appellate authorit& in i%posing or declining to i%pose in an& case a

penalt& under this regulation shall supersede an& order passed b& the disciplinar& authorit& in

respect o the sa%e case#

(") The act that a disciplinar& authorit& has dropped a charge against a %e%ber o the

service as not provedshall not debar the appellate authorit& ro% reviving it or reasons to be

recorded in 0riting and ta:ing suitable action on the charge so revived#

. D*&!$#r- #thort- $ r"*"&t o "r*o$* ro'ot"% or tr#$*"rr"%./ 6here aperson has been pro%oted or transerred ro% a class or categor& to a higher class or

categor&, no penalt& shall be i%posed on hi% in respect o his 0or: or conduct 0hile he 0as

a %e%ber o the class or categor& ro% 0hich he 0as pro%oted or transerred e2cept b& an

authorit& co%petent to appoint hi% to the class or categor& to 0hich he has been pro%oted or

transerred#

. D*&!$#r- #thort- $ r"*"&t o "r*o$* r"%&"% or r"2"rt"%./ 6here a person

has been reduced or reverted ro% a class or categor& to a lo0er class or categor&, no penalt&

shall be i%posed on hi% in respect o his 0or: or conduct 0hile he 0as a %e%ber o the

class or categor& ro% 0hich he 0as reverted or reduced, e2cept b& an authorit& co%petent to

i%pose the penalt& upon a %e%ber o such class or categor&, as the case %a& be#

7. S*"$*o$./ (1) A %e%ber o the service %a& be placed under suspension ro%

service 0here

(i) an en


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TN Mpl Public Health Service (Discipline and Appeal) Regulations, 1!" !

(') A %e%ber o the service 0ho is detained in custod& 0hether on a cri%inal charge

or other0ise or a period longer than 5 hours shall be dee%ed to have been suspended

under this regulation#

(") 6here a penalt& o dis%issal, re%oval or co%pulsor& retire%ent ro% service

i%posed upon a %e%ber o the service under suspension is set aside in appeal or on revie0

under these regulations, and the case is re%itted or urther en


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TN Mpl Public Health Service (Discipline and Appeal) Regulations, 1!"

Provided that suspension pending enicer, the authorit& appointed to

hold additional charge o the post o Municipal Health >icer, or 0here no additional

charge arrange%ents have been %ade, the +2ecutive Authorit& o the Municipalit& shall

e2ercise the po0ers o Municipal Health >icer under this clause#

() The Additional Director o Health Service and 7a%il& Planning shall be the

authorit& co%petent to place under suspension an& %e%ber o the service holding the postsin 9lass . and 9ategor& . o 9lass ..#

() During the period o his suspension, the %e%ber o the service shall be paid a

subsistence allo0ance at such rates as are prescribed under the 7unda%ental Rules#

4A. 5h"r" # "r*o$ to 6" $*h"% h#* 6""$ !"$t to th" $*h$ #thort- #$ (1)

(i) The po0er to i%pose the penalt& o co%pulsor& retire%ent or re%oval or dis%issal shall

not lie 0ith an& authorit&, other than the lending authorit&, the borro0ing authorit& shall, in

a case 0here it considers that the punish%ent o co%pulsor& retire%ent, re%oval or

dis%issal should be i%posed, co%plete the in


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TN Mpl Public Health Service (Discipline and Appeal) Regulations, 1!"

(') 6here a %e%ber o Municipalit& 0hose services are placed at the disposal o an&

co%pan&, corporation, organiation or local authorit& has, at an& ti%e beore his service 0ere

so placed, co%%itted an& act or o%ission 0hich renders hi% liable to an& penalt& speciied inRegulation ", the authorit& co%petent under Regulation 5 to i%pose an& such penalt& on such

%e%ber or person shall alone be co%petent to institute disciplinar& proceedings against hi%

and to i%pose on hi% the said penalt& speciied in Regulation " as it thin: it, and the

borro0ing authorit& under 0ho% he is serving at the ti%e o the institution o such

proceedings shall be bound to render all reasonable acilities to such co%petent authorit&

instituting and conducting such proceedings#

(') (a) 6here an order o suspension is %ade or a disciplinar& proceeding is conducted

against a person 0hose services have been borro0ed ro% an& co%pan&, corporation,

organiation, autono%ous /oard or other authorit&, the authorit& lending his services

(hereinater reerred to as 4the lending authorit&4) shall orth0ith be inor%ed o thecircu%stances lending to the order o the suspension o the Municipal servant or o the

co%%ence%ent o the disciplinar& proceedings, as the case %a& be#

(b) .n the light o the indings in the disciplinar& proceedings conducted against the

Municipal servant, i the disciplinar& authorit& is o the opinion that an& o the penalties

speciied in clauses (1), (') and (5) o Regulation " should be i%posed on hi% it %a&, ater

consultation 0ith the lending authorit&, pass such orders in the case as it %a& dee%

necessar&8

(i) Provided that in the event o dierence o opinion bet0een the borro0ing

authorit& and the lending authorit&, the services o the servant shall be replaced at thedisposal o the lending authorit& 8

(i) Provided urther that i the borro0ing authorit& is o the opinion that an& o

the penalties speciied in clauses ("), (!) () and () o Regulation " should be i%posed on the

servant, it shall replace the service o such servant at the disposal o the lending authorit& and

trans%it to it the proceedings o the in


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TN Mpl Public Health Service (Discipline and Appeal) Regulations, 1!" 1*

9. Pro&"%r" or 'o*$ "$#!t"*#$ (1) .n ever& case 0here it is proposed to i%pose

on a %e%ber o service an& o the penalties in clauses (1), ('), (5) and (;) o Regulation ",he shall be given a reasonable opportunit& o %a:ing an& representation, that he %a& desire

to %a:e and such representation i an&, shall be ta:en into consideration beore the order

i%posing the penalt& is passed 8

Provided that the re


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(") Ater the en


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TN Mpl Public Health Service (Discipline and Appeal) Regulations, 1!" 1"

1'""

period and has rendered under either or% o contract continuous service or a period

e2ceeding ive &ears at the ti%e 0hen his services are ter%inated 3 and

(") reducing or 0ithholding the %a2i%u% pension, including an additional pension,

ad%issible to hi% under the rules governing pensions#

13.A"!!#t" #thort-#$An appeal against all orders o punish%ent i%posed b& the

Municipal Health >icer shall lie to the Additional Director o Health Services and 7a%il&

Planning, and in cases 0here the order has been passed b& the Additional Director o Health

Services and 7a%il& Planning, the appeal shall lie to the -overn%ent#

14.A"#! to Go2"r$'"$t#$ Not0ithstanding an&thing contained in Regulation 1",

and 0here an original order i%posing a speciic penalt& i%posed on a %e%ber o the service

has been passed b& the appellate authorit& in e2ercise o the po0ers conerred underRegulation ;, an appeal against such orders shall lie onl& to the State -overn%ent 8

Provided that 0here the appellate authorit& 0ho has passed the original order i%posing the

penalt& happens to be the State -overn%ent, the person aggrieved b& the order %a& again

appeal to the State -overn%ent to reconsider the order# The State -overn%ent shall,

thereupon, revie0 the records o the case and pass such orders thereon as it %a& appear to

the% to be ust or e2pedient#

13.Pro&"%r" to 6" o!!o"% 6- th" #"!!#t" #thort-#$ (1) .n the case o an appeal

against an order i%posing an& penalt& speciied in Regulation ", the appellate authorit& shall

consider

(i) 0hether the acts on 0hich the order 0as based have been established 3

(ii) 0hether the acts established aord suicient ground or ta:ing action 3 and

(i) 0hether the penalt& is e2cessive, ade


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considers, or reasons to be recorded in 0riting, the error or deect 0as not %aterial and has

neither caused inustice to the person concerned nor aected the decision o the case#C1. A"!!#t" authorit& to decide appeals#$ .n the case o an appeal, the appellate

authorit& shall pass such orders as appears to it ust and e


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TN Mpl Public Health Service (Discipline and Appeal) Regulations, 1!" 1;

(;) it is addressed to an authorit& to 0hich no appeal lies under these regulations 8

Provided that in ever& case in 0hich an appeal is 0ithheld the appellant shall be inor%edo the act and the reasons or it 8

Provided urther that an appeal 0ithheld on account onl& o ailure to co%pl& 0ith the

provisions o Regulation 1! (c) %a& be resub%itted at an& ti%e 0ithin one %onth o the date

on 0hich the appellant has been inor%ed o the 0ithholding o the appeal 3 and an appeal re

sub%itted in a or% 0hich co%plies 0ith those provisions shall not be 0ithheld#

19. No #"#! to !" ##$*t thho!%$ o #$- #"#!./No appeal shall lie against

the 0ithholding o an appeal b& a co%petent authorit

20. Po"r* o #"!!#t" #thort- or Go2"r$'"$t h"$ $o #"#! * r""rr"%./

The authorit& b& 0ho% an order i%posing a penalt& speciied in Regulation " %a& bereversed or altered in cases in 0hich no appeal is preerred shall be the appellate authorit&

prescribed in the regulations or an& higher authorit

21. :or#r%$ o #"#! #$% !*t o #"#!* thh"!% to th" #"!!#t" #thort-#$

(1) +ver& appeal 0hich is not 0ithheld under these regulations shall be or0arded to the

appellate authorit& b& the authorit& ro% 0hose order the appeal is preerred 0ith an

e2pression o opinion#

(')A list o appeals 0ithheld under Regulation 1 0ith the reasons or 0ithholding

the% shall be or0arded hal&earl& b& the 0ithholding authorit& to the appellate authorit

19.Po"r* o #"!!#t" #thort- to !! or # thh"!% #"#!#$An appellateauthorit& %a& call or an& appeal ad%issible under these regulations 0hich has been 0ithheld

b& a subordinate authorit& and %a& pass such orders thereon as it considers it#

19.Savings. Nothing in these regulations shall operate to deprive an& person o an&

right o appeal 0hich he 0ould have had i these regulations had not been %ade in respect o

an& order passed beore


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TN Mpl Public Health Service (Discipline and Appeal) Regulations, 1!" 1=

the& ca%e into orce# An appeal pending at the ti%e 0hen, or preerred ater, theseregulations ca%e into orce shall be dee%ed to be an appeal under these regulations, and

Regulation 1; shall appl& as i the appeal 0ere against an order appealable under these

regulations#

+. R"2*o$ "tto$ to Go2"r$'"$t./ (1) 6here the original order i%posing an& o

the penalties speciied in Regulation " has been i%posed on a %e%ber o the service b& the

State -overn%ent, such %e%ber %a&, 0ithin t0o %onths o the date on 0hich the order is

co%%unicated to hi%, sub%it a revision petition to the -overn%ent against the order# .n

disposing o such petition, State -overn%ent shall, as ar as possible, ollo0 the procedure

prescribed or dealing 0ith appeals and on an& o the grounds speciied belo0

(a) that the order 0as not passed b& the co%petent authorit&3

(b) that a reasonable opportunit& o deending hi%sel 0as not given3

(c) that the punish%ent is e2cessive or unust 3

(d) discover& o ne0 %atter or evidence, 0hich, the appellant alleges and proves to

the satisaction or the -overn%ent 0as not 0ithin his :no0ledge or could not be adduced b&

hi% beore the order i%posing the penalt& 0as passed 3

(e) evident error or o%ission, such as, ailure to appl& the la0 o li%itation or an

error o procedure apparent on the ace o record#(') The petition or revie0 0hich does not satis& an& o the above grounds shall be

su%%aril& reected#

0. Po"r* o Go2"r$'"$t to #** or%"r* o$ &o'!"t"% %*&!$#r- ro&""%$*./

Not0ithstanding an&thing contained in these regulations, the State -overn%ent or such

oicer as the& %a& e%po0er in this behal, shall have the po0er to call or the records

relating to a disciplinar& proceedings 0hich has been co%pleted either b& the disciplinar&

authorit& or b& the appellate authorit& and pass such orders on it as the& %a& consider ust or

e2pedient 8


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TN Mpl Public Health Service (Discipline and Appeal) Regulations, 1!" 1!

Provided that beore a penalt& is i%posed, in a case 0here no penalt& has been i%posed, or

a penalt& 0hich has been i%posed is enhanced, the person concerned should be given an

opportunit& to sho0 cause 0h& the penalt& should not be i%posed or enhanced, as the case%a& be#

. Tr"#t'"$t o "ro% o **"$*o$./ 6hen a %e%ber o the service 0ho has been

dis%issed, re%oved, co%pulsoril& retired or suspended is reinstated the authorit& co%petent

to order the reinstate%ent shall consider and %a:e a speciic order or treating the period o

absence ro% dut& 0ith reerence to the provisions o 7unda%ental Rule ;5#

-#># Ms# No# 1', H 7#P# dated 11!"

-#># Ms# No# 111, H 7#P# dated 1;!1!=#

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The Tamil Nadu Municipal Public Health Service (Discipline and Appeal) Regulations, 1973

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Transcript of The Tamil Nadu Municipal Public Health Service (Discipline and Appeal) Regulations, 1973