180. Officers and employees of Panchayat

  1. The officers and employees of the 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.
  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[****] 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, -
    1. 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
    2. 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.
  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.]

116Omitted by Act 13 of 1999.
117Inserted by Act 13 of 1999.