Panchayat:Repo18/Law Manual Page0233

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enquiry within the time limit, it can be assumed that the said provision is only directory. In other words, the violation of sub-rule 6 may not result in nullification of the entire proceedings as the said rule is only directory. - Puspavally v. Seethathodu Grama Panchayat – 2002 (2) KLT SN 111.

Ss.181 & 176 - Government School teacher transferred to Panchayat - Cannot be said that her services have been lent to the Panchayat - President cannot conduct an enquiry, as contained in Subss.(2) & (3) - The petitioner being a Government School teacher, is not working in any scheme, project or plan assigned or delegated to the Panchayat, aš such school had not been transferred in terms of S.176 as found above. Therefore, it cannot be said that the petitioner's service had been lent to the Panchayat. When her services are not so lent to the Panchayat, the President of the Panchayat cannot conduct an enquiry or make a report against the petitioner as contained in Sub-s.(2) thereof. Equally the Panchayat cannot impose any penalty, exercising the powers vested under Sub-s.3 thereof. On that reason also the action initiated by the President as well as the Panchayat against the petitioner is incompetent. - Sarada v. Ņagalassery Grama Panchayat – 1999 (2) KLT 436.

182. [Powers and functions of the Secretary. Subject to the provisions of this Act and the rules made thereunder, Secretary as executive officer of the Panchayat shalf],

(i) attend the meetings of the Panchayat and of the Standing Committee and may take part in the discussions purely in an advisory capacity, but shall have no right to move any resolution or to vote;

[Provided that the Secretary shall record his views on any matter that may come up for the consideration of the Panchayat and each item of the agenda shall be placed before the Panchayat with the specific remarks of the Secretary:

Provided further that if the Secretary considers that any resolution passed by the Panchayat shall be referred to the Government under Clause (iii), he shall record such remarks in writing.]

(ii) attend any meeting of a committee of the Panchayat if required to do so by the person presiding thereon;

(iii) carry into effect the resolutions of the Panchayat:

[Provided that where the Secretary is of opinion that any resolutions passed by the Panchayat has not been legally passed is in excess of the powers conferred by this Act or any other Act or is likely, to endanger human life, health or public safety, if implemented, he shall request in writing to the Panchayat, to review the resolution and express his views at the time of its review by the Panchayat and if the Panchayat upholds its previous decision, the matter shall be referred to the Government after intimation to the President and if no decision of the Government is received within fifteen days, the said resolution shall be implemented and information thereof shall be given to the Government;]

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