Chapter VII Chapter VII

Establishment, Powers and Functions of panchayats

Establishment of Panchayats.-

1. (1) Subject to the provisions of this Act, the administration of the affairs of the village panchayats, panchayat union councils and district panchayats shall be carried on by the respective executive authorities or commissioners or secretaries, as the case may be.
2. (2) The Government may, from time to time, create such posts of officers and servants as they consider necessary for the discharge of the duties and functions of the panchayats in the State.
3. (3) The Government may, by general or special order, make provisions for the method of recruitment, conditions of service, pay and allowances and discipline and conduct of the officers and servants referred to in sub-section (2).

Conditions of service of officers and servants of Panchayats.-

1. (1) The Government may, by notification, make rules to regulate the classification, methods of recruitment, conditions of service, salary and allowances, and discipline and conduct of the officers and servants of the panchayats.
2. (2) The rules made under sub-section
3. (1) may provide for the creation of a common cadre or service for the officers and servants of all or any of the panchayats in the State or in any district.
4. (3) Notwithstanding anything contained in this Act, the Government may, by order, determine the strength of the officers and servants of the panchayats and their categories and scales of pay.

Appointment of common officers.- Notwithstanding anything contained in this Act, the Government may direct that the same person shall be the Executive Authority of two or more Village Panchayats or the Commissioner of two or more Panchayat Unions or may appoint a common officer for two or more Village Panchayats or Panchayat Union

Transfer of officers and servants of Village Panchayats and Panchayat Union Councils Transfer of officers and servants of Village Panchayats and Panchayat Union Councils.-

1. (1) Subject to such rules as may be made by the Government in this behalf, the Inspector may transfer any officer or servant of a Village Panchayat or a Panchayat Union Council to any other Village Panchayat or Panchayat Union Council, as the case may be.
2. (2) The Government may transfer any officer or servant of a Village Panchayat or a Panchayat Union Council to any other Village Panchayat or Panchayat Union Council, as the case may be.

Power of Government to transfer officers and servants of District Panchayats. - The Government may, after consultation with the District Panchayats concerned, transfer any officer or servant of a District Panchayat to the service of any other District Panchayat:

Power to punish officers and servants Power to punish officers and servants. -

1. (1) Subject to the provisions of this Act and the rules made thereunder, every officer or servant of a Panchayat shall be liable to such penalties as may be prescribed for any breach of official duty or misconduct or negligence or for any other sufficient cause: Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
2. (2) An appeal shall lie to such authority and within such time as may be prescribed against any order imposing a penalty under sub-section (1).

Applicability of certain directions to Public Health Establishment.- The Government may, by notification, direct that all or any of the directions applicable to the Public

Teachers including Headmasters and basic servants in the Panchayat Union Schools to be Government servants Teachers including Headmasters and basic servants in the Panchayat Union Schools to be Government servants.-

1. (1) Notwithstanding anything contained in this Act, and subject to such rules as the Government may make in this behalf, all Teachers (including Headmasters) and basic servants (by whatever name called) working in the Elementary and Middle schools under the administrative control of the Panchayat Union Councils immediately before the date of the commencement of this Act, shall be deemed to be the Government servants under the State Government with effect from such date as may be notified by the Government: Provided that the Government may make rules for the regulation of the conditions of service of such Teachers, Headmasters and basic servants: Provided further that the conditions of service of all such Teachers, Headmasters and basic servants as were applicable to them before the said date shall continue to be applicable to them until they are varied by the Government under this Act.
2. (2) Every person referred to in sub-section
3. (1) shall be entitled, after the date notified under that sub-section, to receive such pay, pension and other retirement benefits as may be determined by the Government.

Health Assistants, Auxiliary Nurses, Mid-wives and Maternity Assistants in Public Health Establishment of Panchayat Union Councils to be Government servants. -

1. (1) Notwithstanding anything contained in this Act, every Health Assistant, Auxiliary Nurse, Mid-wife and Maternity Assistant, performing their duties in the Public Health Establishment of every Panchayat Union Council, shall be deemed to be a Government servant.
2. (2) The terms and conditions of service of such persons shall be such as may be regulated by the rules made by the Government.