Panchayat:Repo18/Law Manual Page0232

Sec. 181 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.]

NOTES

Officers and employees of the Panchayat, other than contingent employees are Government servants. Hence, Panchayat employees, to whichever category they belong, other than the contingent employees, and matters relating to their conditions of service are governed by S. 15(1)(b) of the Administrative Tribunals Act. The same applies to Municipal service also. There is no provision in the Constitution requiring separate service or staff for the Panchayats or Municipalities. Hence services for the Panchayats and Municipalities are part of Government and public services. - Santhosh Kumar A. v. Director of Panchayaths, Tvm. and Others - 2013 (2) KHC 323 : 2013 (2) KLT 548 : ILR 2013 (2) Ker. 521 : 2013 (2) KLJ 789.

181. Power of the Government to lend the services of their officers and employees to Panchayats.- (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.

12[(4) The Government Officers and employees transferred to the Panchayat under sub-section (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.

(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, project or plan 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 to 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.]

NOTES

Panchayat Raj (Control over Officers) Rules, 1997–R. 8(6) - The statutory rule is to complete the proceedings at the earliest as evident from sub-rule 6 of Rule 8 which provides the time limit of three months. Therefore the delay is not justified. Since consequence is not provided for not completing