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State of Kerala - Section

Section 36 in Kerala District Administration Act, 1979

36. Employees of district council.

(1)
(a)Subject to such terms and conditions as may be prescribed, the Government may place at the disposal of a district council such of their officers and servants as may be necessary for the functioning of the district council.
(b)The Government shall not transfer out of the service of a district council any of the officers appointed under sub-section (1) of section 32, or any of the officers and servants placed at the disposal of the district council under clause (a) of this sub-section except in consultation with the President; and if the officer or servant has not completed three years of service under the district council except with the concurrence of the President:
Provided that such concurrence shall not be necessary if the transfer is due to promotion or reversion;
(c)The officers and servants placed at the disposal of the district council shall continue to be Government servants for all purposes and their terms and conditions of service shall continue to be the same as applicable to them under the Government:
Provided that when disciplinary proceedings have to be initiated against an officer or a servant of the Government whose services have been placed at the disposal of the district council, the President shall be entitled to make an enquiry and report against such officer or servant to the authority competent to impose punishment on such officer or servant under the rules applicable to him.
(2)Notwithstanding anything contained in the proviso to clause (c) of sub-section (1) the Secretary of the district council shall be competent to impose minor penalties on any officer or servant of the Government whose services have been placed at the disposal of the district council, subject to such rules as may be made in this behalf.
(3)An appeal against any order of the Secretary imposing any minor penalty shall lie to the President.
(4)An appeal under sub-section (3) shall be in such form and shall be presented with in such time and in such manner, as may be prescribed.
(5)on receipt of an appeal under section (3), the President shall, after giving the appellant an opportunity of being heard, confirm, cancel or modify the order appealed against or pass such other order as he deems fit.
(6)Subject to such rules as may be made under sub-section (7) the Government shall fix, and may alter, the number, designations and grades of, and the salaries, fees and allowances payable to, the employees of every district council.
(7)The Government may make rules regarding -
(a)the authorities who may appoint the employees of the district council and the classification, methods of recruitment, pay and allowances, discipline and conduct and conditions of service of such employees;
(b)the constitution of any class of employees of the district council into a separate service,
(c)reservation of appointments in favour of the Scheduled Castes Scheduled Tribes and other backward classes of citizens.
Procedures