Panchayat:Repo18/Law Manual Page0722

722 THE KERALA PANCHAYAT LAW MANUAL Rule 4

(2) The elected authority and officer shall not exceed their jurisdiction in exercising powers and discharging duties and shall avoid interferences that violate laws or rules or lawful orders or directions.

(3) The elected authority shall have the power, subject to his jurisdiction, to issue lawful directions to an officer and the officer is bound to obey it. Provided that, if such directions are given orally it shall be confirmed in writing before they are implemented.

(4) An elected authority shall have the power to require any official information available in the custody of an officer and that officer is bound to furnish the same if there is no legal objections.

(5) There shall not be laziness, detachment, dereliction, lapse, excuse, inaction, delay, etc., from the part of the officers in discharging duty and the elected authorities shall have the right to question its breach and to take legal proceedings.

(6) In cases dealt with by the officers, the officer who is legally empowered shall have the right and liability to render factual, legal and truthful advice in time to the elected authorities and the advice so rendered shall be in writing and the elected authorities shall give due consideration to the same. Not rendering such advice and rendering wrong advice without sufficient reasons shall be considered as the dereliction of duty on the part of the officers concerned.

(7) The officers shall have the professional right, freedom and responsibility to follow the procedures and technical measures and to make use of their knowledge and experience in discharging their duty and the elected authorities shall have the liability to respect and protect such of their right and freedom and not to interfere with it. sia

(8) The elected authorities shall give due consideration and protection in respect of the legal rights and service rights of the officers.

(9) The elected authorities shall allow the officers to discharge the duties promptly, efficiently, fearlessly and without undue interferences and shall also encourage them for the same.

(10) Where any officer is conferred with any statutory powers, duties and functions to be exercised independently and solely, no elected authority shall interfere in the exercise of such powers, duties and functions or to influence that officer.

4. Decent Behaviour.- (1) Under the democratic system, the officers shall respect the elected authorities having responsibility of the administration of the Panchayat and shall behave towards them accordingly.

(2) The elected authorities shall behave decently and politely towards the officers considering that they have been deputed and willing for service in respect of the administrative requirements of the Panchayat and give due regard to the services rendered by them.

(3) The elected authorities and officers shall always maintain mutual respect in communication and conversation and shall not use rude language or obscene words or expressions. Obscene conversations, gestures and violent action shall not arise from anyone's part.

(4) An elected authority against an officer and vice versa shall not raise false allegations or blame or abuse or despise or defame in such a manner so as to make mental agony. Both the parties shall avoid engaging in unnecessary disputes against each other.

(5) An elected authority shall not attempt for character assassination against an officer and vice versa and shall not behave in such a manner so as to make defamation. 5. Participation in meetings etc.- (1) Where an elected authority having jurisdiction to convene an interview or meeting directs an officer to attend any interview or meeting in connection with the administration of the Panchayat, such officer is bound to attend that interview or meeting and if he has not attended the interview or meeting and has not participated in the discussions without sufficient cause it shall be considered as disrespect shown towards the elected authority in addition to the dereliction of duty.