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State of Gujarat - Section

Section 48 in The Gujarat Municipalities Act, 1963

48. Imposition of penalties.

(1)Without prejudice to the provisions of any law for the time being in force, and subject to any rules made under section 47A, the following penalties may, for good and sufficient reasons be imposed upon any officer or servant of a municipality, namely:-
(i)censure,
(ii)withholding of increments or promotion including stoppage at an efficiency bar;
(iii)reduction to a lower post on a fixed pay or a time-scale or to a lower stage in a time-scale;
(iv)recovery from his pay of the whole or part of any pecuniary loss caused to the municipality by negligence or breach of orders;
(v)fine;
(vi)suspension;
(vii)removal from service, which does not disqualify him from future employment;
(viii)dismissal from service, which ordinarily disqualifies him from future employment.
(2)Any of the penalties mentioned in sub-section (1) may be imposed on an officer or servant of a municipality by the authority competent to make the appointment of such officer or servant.
(3)No officer or servant shall be reduced to a lower post or removed or dismissed from service and no punishment involving any monetary loss shall be imposed on him under this section unless he has been given a reasonable opportunity of showing cause against such reduction, removal, dismissal or punishment;Provided that this sub-section shall not apply-
(a)where a person is reduced, removed or dismissed or punished on the ground of conduct which has led to his conviction or a criminal charge, or
(b)where the competent authority is satisfied that, for reasons to be recorded in writing by such authority; it is not reasonably practicable to give to such person an opportunity to show cause.
(4)An appeal shall lie to the authority mentioned in column (2) of the table below against any order imposing any penalty made by the authority mentioned in column (1) of the said table.
Authority imposing the penalty Superior authority to which appeal may lie.
(1) (2)
Chief Officer Executive Committee
Executive Committee or President Municipality
Municipality Director
(5)No such appeal shall be entertained unless it is preferred within one month from the date of receipt of the order appealed against by the officer or servant concerned.