Subject to any rules made under section 227 appointments to the posts in the

panchayat service shall be made—

1. (i) by direct recruitment,
2. (ii) by promotion, or
3. (iii) by transfer of a member of the States service to the panchayat service.

230. (1) The State Government shall, by a general or special order, allocate to the

panchayat service—

1. (i) Such number of officers and servants, out of the staff allotted or transferred to a panchayat under sections 175 and 276 as it may deem fit,
2. (ii) all officers and servants of the nagar panchayats dissolved under section 261,
3. (iii) such other officers and servants employed in the State service as may be necessary to enable the panchayats to discharge efficiently their functions and duties under this Act.

1. (2) The Officers and servants allocated to the panchayat service under sub-section (1), shall be taken over by such panchayats in such cadre, on such tenure, remuneration

and other conditions of service, as the State Government may, by general or special order

determine: Provided that the conditions of service of any such officer or servant shall not be less favourable than those applicable to him immediately before such allocation. Expenditure towards pay, allowances, etc. of officers and servants in panchayat service to be met by panchayats. Mode of appointment. Allocation of officers and servants to panchayat services.

88 Gujarat Panchayats Act, 1993. [1993 : Guj. 18

231. (1) Notwithstanding anything contained in section 230, the allocation to the panchayat service made under section 230 of officers or servants allotted or transferred to a panchayat under section 175, shall initially be provisional and it shall be lawful for the State Government to review their allocation within a period of four years from such allocation or transfer, and if necessary, to reallocate by an order made in that behalf any of such officers or servants to the State service for any of the following reasons, namely:—

1. (i) if out of the officers and servants so allocated, any officers or servants are found to be surplus in any category of the panchayat service;
2. (ii) if in the interest of public service it is considered necessary to recall any such officer or servant;
3. (iii) if in pursuance of any information called for in this behalf by or on behalf of the State Government at any time within the aforesaid period of four years, any such officer or servant has preferred to revert to the State service and after taking into consideration the exigencies of service in the panchayat organisation, and also of service under the State Government, the State Government thinks fit to recall such officer or servant.
4. (iv) any other reason prescribed by rules.

1. (2) Any officer or servant who is not re-allocated under sub-section (1) and continues in the panchayat service immediately before the expiry of the aforesaid period of four years, shall on such expiry, be deemed to be finally allocated to the panchayat service.
2. (3) The conditions of service of an officer or servant re-allocated to the State service shall not be less favourable than those applicable to him immediately before such re-allocation.
3. (4) The re-allocation of any officer or servant to the State service under sub-section
4. (1) whether made before or after the commencement of ‘the Gujarat Panchayats and the Gujarat New Capital (Periphery) Control (Amendment) Ordinance, 1964’, shall not affect-
   • (a) any obligation or liability incurred or default commuted by such officer or servant during the period of his allocation to the panchayats service while acting or purporting to act in the discharge of his duties as such officer or servant, and
   • (b) any investigation, disciplinary action or remedy in respect of such obligation, liability or default; and any such investigation, disciplinary action or remedy may be instituted, continued or enforced in accoradnce with the law applicable thereto during the said period of allocation by such authority as the State Government may by general or special order specify in this behalf.

232. (1) For the purpose of enabling the panchayats to discharge their functions and

duties under this Act, it shall be lawful for the State Government to direct by a general or special order that such number of officers of the Indian Administrative Service and of Class 1 and Class II services of the State and such number of officers or servants allotted or transferred to a panchayat under section 175 but not allocated to the panchayat service under section 230 shall be posted under such panchayat and for such period and subject to such conditions as may be specified in the order and accordingly the officers specified in the order shall be posted under such panchayat.

1. (2) The pay and allowances of an officer posted in accordance with sub-section (1) shall during the period of posting, be paid by the panchayat from its fund.
2. (3) Notwithstanding anything contained in sub-section (1), if in the opinion of the State Government, it is necessary so to do in the public interest, it shall be lawful for the State Government to post by an order in writing any servant of class III services of the State under such panchayat, and for such period and subject to such conditions as may be Allocation to panchayat service to be provisional for certain period and re-allocation of office and servants to State services. Guj. Ord.2 of 1964. Posting under panchayats of officers and servants in the State service.

1993 : Guj. 18] Gujarat Panchayats Act, 1993. 89

specified in the order, and accordingly the servant specified in the order, shall be posted under such panchayat and the provisions of sub-section (2) shall apply to such servant as

they apply to an officer posted in accordance with sub-section (1).

1. (4) The procedure in respect of disciplinary action against any officer or servant posted under a panchayat otherwise than as a member of the panchayat service, the authorities competent to take such action and the powers of such authorities shall be such as may be prescribed.