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State of Rajasthan - Section

Section 91A in Rajasthan Panchayati Raj Act, 1994

91A. [ Disciplinary powers of District Programme Co-ordinator and Programme Officer. [Inserted by the Rajasthan Panchayati Raj Act, (Second Amendment)Act, 2010 : Published in Rajasthan Extraordinary, Part IV-A, dated 15.9.2010. p.41(5).]

(1)Notwithstanding anything contained in this Act or any other law for the time being in force, -
(a)in the case of all the officers and servants, other than the Chief Executive Officer, of a Panchayati Raj Institution, whether appointed by such Panchayti Raj Institution or the State Government, the District Programme Coordinator and
(b)in the case of all the officers and servants other than the officers referred to in Section 79, of a Panchayati Raj Institution at block and village level, the programme officer.
shall have power to conduct disciplinary proceedings against, and to inflict punishment on, such officers and servants in respect of the misconduct committed by such officers or servants in connection with the duties and functions assigned to them under the Mahatma Gandhi National Rural Employment Guarantee Scheme or under any other scheme of the Central Government or the State Government:Provided that no person shall be dismissed or removed from service in exercise of the powers under this sub-section unless the authority exercising power under this sub-section is appointing authority of such person.
(2)Subject to the provisions of sub-Section (1), Rules 13, 14, 16, 17 and 18 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, as amended from time to time, shall apply to the disciplinary proceedings and punishment under this section with such modification as may be necessary including the modification that references to appointing authority or disciplinary authority therein shall be construed as including reference to the District Programme Coordinator and the Programme Officer.
(3)An appeal may be preferred-
(a)against an order made by the Programme Officer to the District Programme Coordinator, and
(b)against an order made by the District Programme Coordinator to the State Government.
(4)An appeal may be preferred under sub-Section (3) within a period of ninety days from the date of the order appealed against and the time taken for obtaining a copy of such order shall be excluded from the said period.
(5)Every order made by the District Programmed Coordinator or the Programmed Officer shall be endorsed and communicated immediately to the appointing authority and to the officer to whom the officer or servant, against whom order is made, is subordinate and such superior officer shall be bound to execute such order.
(6)For the removal of doubts it is hereby clarified that nothing in this section shall be construed as diminishing the powers of any other disciplinary authority under this Act or any other law for the time being in force, however, if any action has been initiated or taken against any officer or servant under this section, no action shall be initiated or taken by any other authority on the basis of same facts or conduct.Explanation. - For the purposes of this section, -
(i)"District Programme Coordinator" means the District Programme Coordinator as defined in . the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Central Act No. 42 of 2005) and including an officer designated as such in or under any scheme of the Central Government or the State Government.
(ii)"Programme Officer" means the Programme Officer as defined in the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Central Act No. 42 of 2005) and includes an officer designated as such in or under any scheme of the Central Government or the State Government.
(iii)"Mahatma Gandhi National Rural Employment Guarantee Scheme" means the Scheme notified by the State Government under sub-Section (1) of Section 4 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Central Act No. 42 of 2005)."]