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State of Gujarat - Section

Section 227 in The Gujarat Panchayats Act, 1993

227. Panchayat service to be regulated by rules.

(1)For the purpose of bringing about uniform scales of pay and uniform conditions of service for persons employed in the discharge of functions and duties of panchayats, there shall be constituted a panchayat service in connection with the affairs of panchayats, such service shall be distinct from the State Service.
(2)The panchayat service shall consist of such classes, cadres and posts and the initial strength of officers and servants in each such class and cadre shall be such, as the State Government may, by order from time to time, determine;Provided that nothing in this sub-section shall prevent a district panchayat from altering, with the previous approval of the State Government, any class, cadre or number of posts so determined by the State Government.
(3)
(a)The cadres referred to in sub-section (2) may consist of district cadres, taluka cadres and local cadres.
(b)A servant belonging to a district cadre shall be liable to be posted whether by promotion or transfer to any post in any taluka in the district.
(c)A servant belonging to taluka cadre shall be liable to be posted, whether by promotion or transfer to any post in any village in the same taluka.
(d)A servant belonging to a local cadre shall be liable to be posted whether by promotion or transfer to any post in the same village.
(4)In addition to the posts in the cadres referred to in sub-section (3) a panchayat may have such other posts of such other posts of such classes as the State Government may by general or special order determine. Such posts shall be called "deputation posts" and shall be filled in accordance with the provisions of section 231.
(5)Subject to provisions of this Act, the State Government may make rules regulating the mode of recruitment either by holding examinations or otherwise and conditions of service of persons appointed to the panchayat service and the powers in respect of appointments, transfers and promotions of officers and servants in the panchayat service and disciplinary action against any such officers or servants.
(6)Rules made under sub-section (5) shall in particular contain-
(a)a provision entitling servants of such cadres in the panchayat service to promotion to such cadre in the State service as may be prescribed
(b)a provision specifying the classes of posts recruitment to which shall be made through the District panchayat Service Selection Committee and the classes of posts, recruitment to which shall be made by the Gujarat Panchayat Service Selection Board, and
(c)a provision regarding the percentage of vacancies to be reserved for the members of Scheduled Castes, Scheduled Tribes and other backward classes in the panchayat service.
(7)Such rules may provide for inter-district transfers of servant belonging to the panchayat service and the circumstances in which and the conditions subject to which such transfers may be made.
(8)The promotion of a servant in a cadre in the panchayat service to a cadre in the State service in accordance with rules made under clause (a) of sub-section (6) shall not affect-
(a)any obligation or liability incurred or default committed by such servant during the period of his service in a cadre in the panchayat service while acting or purporting to act in the discharge of his duties as such servant or
(b)any investigation, disciplinary action or remedy in respect of such obligation, liability or default, and any such investigation, disciplinary action or remedy may be instituted, continued or enforced in accordance with the law applicable thereto during the said period or service by such authority as the State Government may by general or special order specify in this behalf.