Chapter XVI OFFICERS AND EMPLOYEES OF PANCHAYATS

113[* * * *] secretary who shall be a Government Servant. (2)The panchayat shall pay the secretary such salary and allowances as may from time to time, be fixed by the Government and shall also make such contributions towards his leave allowance, pension and provident fund as may be required by the condition of his service under the Government to be made by him or on his behalf. (3)Subject to he provisions of this Act the Government shall by rules made under the Kerala Public Services Act, 1968 (19 of 1968), regulate the classification, method of recruitment, conditions of service, pay and allowances, and discipline and conduct of the Secretaries appointed under sub-section (1) and such rules may also provide for the constitution of separate service or cadre either for the whole state or for each district including the Secretary along with such other Government Servants as are considered necessary by the Government. (4)The Government of any authority authorised by Government may, at any time, transfer secretary from a panchayat and shall do so if such transfer in recommended by a resolution of the panchayat passed at a special meeting called for the purpose and supported by a simple majority of votes of the allowed strength of the panchayat.

114[Provided that before considering such a resolution by the panchayat, the Secretary shall be given an opportunity to make a representation before the Panchayat or the President and shall be heard by them if necessary.] (5)A Panchayat shall be competent to impose minor penalties on its secretary subject to such rules as may be made in this behalf. (6)An appeal against an order of the panchayat imposing any minor penalty shall be to an authority entrusted by Government in this behalf (hereinafter referred to as the authority). (7)An appeal under sub-section (6) shall be in such form and shall be presented within such time and in such manner, as may be prescribed. (8)On receipt of an appeal under sub-section (6), the authority shall after giving the appellant an opportunity of being heard, confirm, cancel or modify the order appealed against or pass such other order as it deems fit. 113 114 Omitted by Act 13 of 1999. Inserted by Act 13 of 1999.

(9)The Government may either suo moto or on application call for the record of any order passed by the authority under sub-section (8), and review any such order and pass such order with respect there to as they think fit; Provided that no application for review shall be entertained after the expiration of thirty days from the date on which the order sought to be reviewed was received by the applicant; Provided further that the Government shall not pass any order affecting any party unless such party has had an opportunity of making a representation. Provided also that no suo moto revision shall be made by the Government more than one year after the date of the order to be reviewed. Explanation. — Minor Penalty under this section and sections 180, 181 have the same meaning as given in the Kerala Civil Services (classification, Control and Appeal) Rules, 1960.

115[(10) Where disciplinary Proceedings have to be initiated against the Secretary; the President shall have the power to make an enquiry and where a major penalty is to be imposed, to initiate further action under the rules applicable to the Secretary with the approval of the panchayat and to report it to the Government or to the authority competent to appoint the Secretary and the Government or such authority, immediately after the receipt of such a report, shall take appropriate action and intimate the final decision thereon to the President.

1. (11) The Government may, by a general or special order appoint any officer of the Government transferred to the service of the panchayat as ex-officio secretary of the Panchayat and the persons so appointed shall have all the powers and functions of the secretary on the subjects dealt with by them.]

Panchayat, other than contingent employees shall be Government Servants. (2)The control of the officers of the Panchayat shall be with the Panchayat. (3)The Panchayat shall pay the officers and employees such salary and allowances as may from time to time be fixed by the Government and shall also make such contributions towards their leave allowance, pension and provident fund, as may be required by the conditions of their service under the Government, to be made by them or on their behalf. (4)Subject to the provisions of this Act the government shall, by rules made under the Kerala Public Services Act, 1968 (19 of 1968), regulate the classification, methods or recruitment, conditions of service, pay and allowances and discipline and conduct of the officers and the employees, and such rules may provide for the constitution of any class of officers or servants of Panchayats into a separate service either or the whole State or for each district. Inserted by Act 13 of 1999.

(5)Two or more Panchayats of the same level may, subject to such rules as may be prescribed, and shall, if so required by any authority empowered in this behalf, by rules appoint the same officer or employees to exercise or discharge any powers or duties of a similar nature for both or all of them. (6)Notwithstanding anything contained in the Madras Public Health Act, 1939 and the Travancore-Cochin Public Health Act, 1955 the provisions of this section shall apply to the Public Health establishments of 116 117 [* * * *] panchayats. (7)Notwithstanding anything contained in this Act, and subject to such rules as may be prescribed, the Government may with the concurrence of the Panchayats concerned, - (a)appoint such engineering and other staff necessary for the purposes of any Panchayat and recover from it the salary and allowances paid to the members of such staff and such contributions towards their leave allowances, pension and Provident Fund as may be required by the conditions of their service under the Government, and (b)appoint a common engineering or other staff for the purpose of two or more Panchayat at a level and recover from each of the panchayats concerned such proportion of the salary and allowances paid to the members of such staff and such contribution towards their leave allowance, pension and Provident Fund, as may be required by the conditions of their service under the government;

117[Provided that the Government may, if situation so demands pool the engineering staff and technical staff of the Government Departments and made their services available to one or more panchayats by allotment or by transfer as in the case of staff from other departments: Provided further that if there is death of staff for allotment from Government Departments, the Panchayat in the exigencies of service may, arrange for the services of the engineers from outside the Government service for specific work, subject to such terms and conditions as may be specified by the Government in this behalf.] (8)Subject to such rules as may be made the power to grant leave to the officers and employees of the Panchayat shall vest in the Secretary. (9)A Panchayat shall be competent to impose minor penalties on any officer or employee of that Panchayat, subject to such rules as may be made in this behalf. (10)An appeal against may order of the Panchayat imposing any minor penalty shall be to the authority entrusted by the Government in this behalf (hereinafter referred to as the “authority”). (11)An appeal under sub-section (10) shall be in such form and shall be presented within such time and in such manner, as may be prescribed. Omitted by Act 13 of 1999. Inserted by Act 13 of 1999.

(12)One receipt of an appeal under sub-section (10) the ‘authority’ shall after giving the appellant an opportunity of being heard, confirm, cancel or modify the order appealed against or pass such other order as it deems fit. (13)The Government may either suo moto or on application call for the records of any order passed under sub-section (12) and review any such order and pass such order with respect there to as they think fit: Provided that no application for review shall be entertained after the expiration of thirty days from the date on which the order sought to be reviewed was received by the applicant; Provided further that Government shall not pass any order affecting any party unless such party has had an opportunity of making a representation: Provided also that no suo moto revision shall be made by the Government more than one year after the date of the order to be reviewed. [(14) Where disciplinary proceedings are to be initiated against any officer or employee of the Panchayat, the President may make an enquiry against that officer or employee and where a major penalty is to be imposed, he shall have the power to report it for further action to the authority competent, to appoint him in service of the panchayat with the approval of the panchayat and such authority, shall, immediately on receipt of the report, take appropriate action and intimate the decision taken thereon to the President.]

employees to Panchayat. - (1) Subject to such terms and conditions as may be prescribed the Government shall lend the services of Government officers and employees to the Panchayats as may be necessary for the implementation of any scheme, project or plan assigned or delegated to the Panchayat under this Act. The full control and supervision of the institution and employees transferred to the Panchayat under this Act shall rest with the Panchayats concerned. The Government shall give fully the existing State Plan contribution and the annual budget contribution in respect of the subjects transferred to the Panchayats to the Panchayat concerned. (2)When disciplinary proceedings have to be initiated against an officer or an employee mentioned in sub-section (1) the President of the Panchayat concerned shall be entitled to make an enquiry and report against such officer or employee to the Government. (3)Notwithstanding anything contained in sub-section (2) a panchayat shall be competent to impose minor penalties on any officer or employee referred to in sub-section (1), subject to such rules as may be made in this behalf.

118[(4) The government Officers and employees transferred to the panchayat under subsection

1. (1) shall, in addition to their normal function, perform other related functions delegated to them by the panchayat, as if they are officers and employees of that panchayat. Added by Act 13 of 1999. (5)The Officers and employees transferred to the panchayat under sub-section (1) shall be responsible to execute the works including the implementation of any scheme, projects or plans of the Government which are not assigned on delegated to the panchayat under this Act or any other law. (6)The Government shall pay the salary, allowances and other benefits in the officers and employees transferred to the panchayat from the Government, till the Government decides that the concerned panchayat is able to meet such expenses.]

Subject to the provisions of this Act and the rules grade there under, Secretary the as executive officer of the panchayat shall, -] (i)Attend the meetings of the Panchayat and of the Standing Committee and may take part in the discussions purely in an advisory capacity, but shall have no right to move any resolution or to vote: 119[Provided that the Secretary shall record his views on any matter that may come up for the consideration of the panchayat and each item of the agenda shall be placed before the Panchayat with the specific remarks of the Secretary: Provided further that if the Secretary considers that any resolution passed by the panchayat shall be referred to the Government under clause (iii), he shall record such remarks in writing] (ii)attend any meeting of a committee of the Panchayat if required to do so by the person presiding thereon; (iii)carry in the effect the resolutions of the Panchayat: 120[Provided that where the Secretary is of opinion that any resolution passed by the Panchayat has not been legally passed is in excess of the powers conferred by this Act or any other Act or is likely, to endanger human life, health or public safety, if implemented, he shall request in writing in the panchayat, to review the resolution and express his views at the time of its review by the panchayat and if the panchayat upholds its previous decision, the matter shall be referred to the Government after intimation to the President and if no decision of the Government is received within fifteen days, the said resolution shall be implemented and information there of shall be given to the Government;] (iv)control the officers and employees working under the Panchayat, subject to the general superintendence and the control of the President; (v)discharge all the duties and exercise all the powers specifically imposed or conferred on the Secretary by or under this Act. 119 120 Inserted by Act 13 0f 1999. Inserted by Act 13 of 1999. 121[(vi) meet the expenses delegated by the President; (vii)give amounts either by cheque or cash for all kinds of expenditure authorised by the Panchayat; (viii)be responsible for the safe custody of the Panchayat fund; (ix)maintain and keep the accounts of receipts and expenditure of the Panchayat; and (x)Keep the record of the meeting and proceedings of the Panchayat; and (xi)have power to initiate disciplinary action against the employees of the Panchayat referred to in section 180] (xii)place before the standing committee for finance the monthly accounts of the panchayat before the tenth of the succeeding month or at the first meeting of the succeeding month; (xiii)prepare the annual accounts and B.C.B. Statement of the preceding financial year and place before the panchayat before the thirtieth or June of the succeeding financial year; (xiv)furnish the returns, accounts statements and other details when called for by the Government or any audit authority; (xv)inspect or cause to be inspected the accounts of the institutions under the control of the panchayat; (xvi)keep the records of the Panchayat, the Standing Committees, the Executive Committees, such other Committees and the Grama Sabhas; (xvii)Co-ordinate the preparation of the annual plans and five year plans within the time specified by the Government so as to enable the District Planning Committee to approve the same; (xviii)disburse the plan funds to the officers concerned and to render utilisation certificate to the Government as ordered by it.]

119[Provided that the Secretary shall record his views on any matter that may come up for the consideration of the panchayat and each item of the agenda shall be placed before the Panchayat with the specific remarks of the Secretary: Provided further that if the Secretary considers that any resolution passed by the panchayat shall be referred to the Government under clause (iii), he shall record such remarks in writing] (ii)attend any meeting of a committee of the Panchayat if required to do so by the person presiding thereon; (iii)carry in the effect the resolutions of the Panchayat:

120[Provided that where the Secretary is of opinion that any resolution passed by the Panchayat has not been legally passed is in excess of the powers conferred by this Act or any other Act or is likely, to endanger human life, health or public safety, if implemented, he shall request in writing in the panchayat, to review the resolution and express his views at the time of its review by the panchayat and if the panchayat upholds its previous decision, the matter shall be referred to the Government after intimation to the President and if no decision of the Government is received within fifteen days, the said resolution shall be implemented and information there of shall be given to the Government;] (iv)control the officers and employees working under the Panchayat, subject to the general superintendence and the control of the President; (v)discharge all the duties and exercise all the powers specifically imposed or conferred on the Secretary by or under this Act. 119 120 Inserted by Act 13 0f 1999. Inserted by Act 13 of 1999.

121[(vi) meet the expenses delegated by the President; (vii)give amounts either by cheque or cash for all kinds of expenditure authorised by the Panchayat; (viii)be responsible for the safe custody of the Panchayat fund; (ix)maintain and keep the accounts of receipts and expenditure of the Panchayat; and (x)Keep the record of the meeting and proceedings of the Panchayat; and (xi)have power to initiate disciplinary action against the employees of the Panchayat referred to in section 180] (xii)place before the standing committee for finance the monthly accounts of the panchayat before the tenth of the succeeding month or at the first meeting of the succeeding month; (xiii)prepare the annual accounts and B.C.B. Statement of the preceding financial year and place before the panchayat before the thirtieth or June of the succeeding financial year; (xiv)furnish the returns, accounts statements and other details when called for by the Government or any audit authority; (xv)inspect or cause to be inspected the accounts of the institutions under the control of the panchayat; (xvi)keep the records of the Panchayat, the Standing Committees, the Executive Committees, such other Committees and the Grama Sabhas; (xvii)Co-ordinate the preparation of the annual plans and five year plans within the time specified by the Government so as to enable the District Planning Committee to approve the same; (xviii)disburse the plan funds to the officers concerned and to render utilisation certificate to the Government as ordered by it.]

Government, or any authority, authorised by Government may, by general or special order, authorise any officer working in the Panchayat to exercise all or any of the functions of the

Delegation of functions of Secretary. - The Secretary, may with the permission of the President, delegate by order in writing any of his functions to any officer of the Panchayat, subject, to such restrictions and control, as he may, specify. 121 122 Inserted by Act 7 of 1995 Added by Act 13 of 1999.

(1) The President shall have full access to all records of the Panchayat. 123[(2) All official correspondence from the Secretary to the Government and to any other authority not below the rank of district level authority of the Government and vice versa, shall be through the President. Provided that, all correspondence to the Government or to other authorities shall have the approval of the President or be signed by himself except in cases where the President has empowered the Secretary, by general or special order, in this behalf; Provided further that, the Secretary may have direct correspondence with the Government in respect of a resolution, passed by the Panchayat in contravention of any of the provisions of this Act or the rules made there under and for furnishing any information, statement or record, called for by the Government] (3)All correspondence by the Secretary through the President addressing the Government or as the case may be the other authority and vice versa shall be delivered by the Presidents without delay. [185 A. Relationship between the elected authorities and officers. -(1) The Government shall prescribe a code of conduct in respect of the relationship between the elected authorities and employees of the Panchayat for the purpose of protection of the rights of the officers and employees under the control of the panchayat to render advice on matters dealt with by them and professional freedom and statutory rights. (2)The views expressed by the officials shall be included in the minutes of discussion. (3)Mutual respect shall be shown between the elected authorities, the officers and employees of the panchayat, totally avoiding rude language, gesture and actions. (4)Any complaint on the violation of the code of conduct by the elected authorities shall be considered by the Ombudsman constituted under section 271 G for the local self Government Institutions and the report thereon shall be forwarded to the Government for appropriate action. (5)Oral instructions given to the officers by the elected authorities shall be confirmed in writing before they are implemented. 185 B. Exercise of statutory functions by the officers. - Where any officer of the panchayat is conferred with any statutory powers and functions to be exercised independently and solely, the panchayat, the panchayat President, Chairman of the Standing Committee or any member shall not interfere or influence in the exercise of such powers and functions by that officer.] 123 124 Inserted by Act 13 of 1999. Inserted by Act 13 of 1999.

123[(2) All official correspondence from the Secretary to the Government and to any other authority not below the rank of district level authority of the Government and vice versa, shall be through the President. Provided that, all correspondence to the Government or to other authorities shall have the approval of the President or be signed by himself except in cases where the President has empowered the Secretary, by general or special order, in this behalf; Provided further that, the Secretary may have direct correspondence with the Government in respect of a resolution, passed by the Panchayat in contravention of any of the provisions of this Act or the rules made there under and for furnishing any information, statement or record, called for by the Government] (3)All correspondence by the Secretary through the President addressing the Government or as the case may be the other authority and vice versa shall be delivered by the Presidents without delay. [185 A. Relationship between the elected authorities and officers. -(1) The Government shall prescribe a code of conduct in respect of the relationship between the elected authorities and employees of the Panchayat for the purpose of protection of the rights of the officers and employees under the control of the panchayat to render advice on matters dealt with by them and professional freedom and statutory rights. (2)The views expressed by the officials shall be included in the minutes of discussion. (3)Mutual respect shall be shown between the elected authorities, the officers and employees of the panchayat, totally avoiding rude language, gesture and actions. (4)Any complaint on the violation of the code of conduct by the elected authorities shall be considered by the Ombudsman constituted under section 271 G for the local self Government Institutions and the report thereon shall be forwarded to the Government for appropriate action. (5)Oral instructions given to the officers by the elected authorities shall be confirmed in writing before they are implemented. 185 B. Exercise of statutory functions by the officers. - Where any officer of the panchayat is conferred with any statutory powers and functions to be exercised independently and solely, the panchayat, the panchayat President, Chairman of the Standing Committee or any member shall not interfere or influence in the exercise of such powers and functions by that officer.] 123 124 Inserted by Act 13 of 1999. Inserted by Act 13 of 1999.