Panchayat:Repo18/Law Manual Page0228

(3) 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, method of recruitment, conditions of service, pay and Sec. 179 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 or any authority authorised by Government may, at any time, transfer Secretary from a Panchayat and shall do so if such transfer is 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. 7[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 lie 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.

(9) The Government may either suo motu 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 thereto 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 motu 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.

8[(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