Panchayat:Repo18/Law Manual Page0236

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 thereunder 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 President without delay.

[185A. 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.]

NOTES

Secretary of Grama Panchayat has to take an independent decision on the issue of either granting or refusing renewal of lease. He is not justified in giving his seal of approval on the decision taken by the Committee of Grama Panchayat, which amounts to usurpation of powers on the part of Grama Panchayat. - Sreedharan N. v. Kalluvathukkal Panchayath, Kollam and Others – 2015 (1) KHC 540 : 2015 (1) KLT 778 : 2015 (2) KLJ 238.