THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

THE SECRETARY48, The Secretary of Municipality.— (1) For every Municipality there shall be a Secretaryappointed by the Government, in consultation with that Municipality, who shall be an officer ofthe Government borne on such cadre, as may be prescribed, and shall be the Executive Officerof the Municipality and the other officers and employees of the Municipality shall be subordinateto him.(2) The Secretary shall not without the sanction of the Municipality or the Government,undertake any work unconnected with his office.(3) The pay and allowances of the Secretary, as fixed by the Government from timeto time, shall in the first instance to be paid from the State funds. The whole of thepay and allowances paid to the Secretary and the contributions towards his leave salary andpension to the extent required shall be credited monthly to the State funds by the Municipality.(4) The Government may grant leave to the Secretary and appoint a substitute ornominate an officer to hold charge of his office during his absence.(5) The Secretary shall be the custodian of all Municipal properties and records includingall papers and documents connected with the proceedings of the Council and the StandingCommittees and other Committees, and shall arrange for the performance of such functions,as may be entrusted to him by the said bodies.(6) The Government may, at any time, transfer the Secretary, from a Municipality andif the Council, on the strength of a resolution, passed at a special meeting convened for thispurpose, by a simple majority vote of the approved strength of the Council, recommends atransfer, the Government shall do so.63 [Provided that before considering such a resolution by the council the Secretary shall be given anopportunity to give a representation and if requested of being heard by the Council or the Chairperson.](7) The Council shall, subject to the rules that may be made in this behalf, be competentto impose minor penalties on its Secretary,(8) An appeal may be filed against the order of the Council imposing any minor penalty,before the authority (referred below as the authority) authorised by the Government in thisbehalf.(9) An appeal under sub-section (8) shall be in the prescribed form and shall be submittedin such manner and within such date, as may be prescribed.(10) On receipt of an appeal under sub-section (8), the authority, after giving the personfiling the appeal an opportunity of being heard, may either confirm, cancel or revise the orderagainst which the appeal is preferred or pass such other order as it deems fit.(11) The Government may, either suo motu or on application, call for the records ofany order passed by the authority under sub-section (10) and may review such order andpass such order in that regard, as it deems fit:64 [(12) Where disciplinary proceedings have to be initiated against the Secretary, the Chairperson shallhave the power to conduct an enquiry against him and in the case of imposition of a major penalty, to report tothe Government with approval of the council to take further action under the rules applicable to theSecretary and the Government shall as soon as the report is received, take appropriate action and intimatethe final decision taken thereon, in writing to the Chairperson.(13) The Government may by a general or special order designate any officer of the Government