The Kerala Local Self Government Common Service Act, 2022

[Translation in English of “2022-ലലെ കകേരള തകദ്ദേശസസ്വയയംഭരണ ലപപൊതതുസര്‍വവ്വീസസ് ആകസ്” published under the authority of the Governor.]

ACT 15 OF 2022 THE KERALA LOCAL SELF GOVERNMENT COMMON

SERVICE ACT, 2022*

An Act to constitute a Local Self Government Common Service by integrating the services under Panchayat, Municipality, Local Self Government Department (Planning) and the services of Rural Development and Local Self Government Engineering Division, in the State of Kerala.

Preamble.—WHEREAS it is expedient to constitute a Local Self Government Common Service by integrating the services under Panchayat, Municipality, Local Self Government Department (Planning) and the services of Rural Development and Local Self Government Engineering Division, in the State of Kerala;

BE it enacted in the Seventy-third Year of the Republic of India as follows:—

1. (1) This Act may be called the Kerala Local Self Government Common Service Act, 2022.
2. (2) It shall be deemed to have come into force on the 31st day of March, 2022. Received the assent of the Governor on the 20 th day of September, 2022 and published in the Kerala Extraordinary Gazette No. 3260 dated 23 rd September, 2022 .

In sub-section (4) of section 180 of the Kerala Panchayat Raj Act, 1994 ( Act 13 of 1994),—

1. (i) for the words “ for the constitution of any class of officers or servants of Panchayats into a separate service”, the words and symbol “for the constitution of Local Self Government common service, consisting of any class of officers and employees of Panchayats and Government servants in any other services” shall be substituted;
2. (ii) the following explanation shall be inserted, namely:— “Explanation:—For the purpose of this sub-section, “ Government servants in any other services” means Government servants in the services under Municipality, Local Self Government Department (Planning) and in the services of Rural Development and Local Self Government Engineering Division in the State.”.

In sub-section (1B) of section 222 of the Kerala Municipality Act, 1994 (Act 20 of 1994),—

1. (i) for the words and symbol “ for the constitution of a separate service, for any class of officers or employees of Municipalities”, the words and symbol “for the constitution of Local Self Government common service, consisting of any class of officers and employees of Municipalities and Government servants in any other services” shall be substituted;
2. (ii) the following explanation shall be inserted, namely:— “ Explanation:—For the purpose of this sub-section, “ Government servants in any other services” means Government servants in the services under Panchayat, Local Self Government Department (Planning) and in the services of Rural Development and Local Self Government Engineering Division in the State.”.

After sub-section (2) of section 10 of the Kerala Town and Country Planning Act, 2016 (Act 9 of 2016), the following sub-section shall be added, namely:—

“(3) Subject to the provisions of this Act, the Government shall, regulate the classification, recruitment/method of appointment, conditions of service, pay and allowances, discipline and conduct of officers and employees, in accordance with the rules made under the Kerala Public Services Act, 1968 (Act 19 of 1968), and such rules may provide for the constitution of Local Self Government common service, consisting of any class of officers and employees of Local Self Government Department (Planning) and Government servants in any other services either for the whole State or for each district.

Explanation:—For the purpose of this sub-section, “ Government servants in any other services” means Government servants in the services under Panchayat, Municipality and in the services of Rural Development and Local Self Government Engineering Division in the State .”.

Notwithstanding the cessation of operation of the Kerala Local Self Government Common Service Ordinance, 2022 (5 of 2022) (hereinafter referred to as the said Ordinance) on the 8th day of August, 2022,—

1. (a) anything done or deemed to have been done or any action taken or deemed to have been taken under the Kerala Panchayat Raj Act, 1994 (Act 13 of 1994), the Kerala Municipality Act, 1994 (Act 20 of 1994) and the Kerala Town and Country Planning Act, 2016 (Act 9 of 2016) (hereinafter referred to as the principal Acts) as amended by the said Ordinance shall be deemed to have been done or taken under the provisions of the principal Acts as amended by this Act;
2. (b) anything done or any action taken after the cessation of operation of the said Ordinance and before the date of publication of this Act in the Gazette, which could have been done or taken under the principal Acts as amended by the said Ordinance, if the said Ordinance had not been ceased to operate, shall be deemed to have been done or taken under the principal Acts as amended by this Act.