THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

transferred to the service of the Municipality as an ex-officio Secretary and the person so appointed shall haveall the powers and functions of the Secretary, in respect of the subjects dealt with by them.]Provided that no application for review shall be entertained if it is preferred after 30 days from thedate of receipt by the applicant of the order sought to be reviewed:Provided further that the Government shall not pass any order affecting any party if that party hadnot been given an opportunity for submitting a representation:Provided also that the Government shall not suo motu review an order, if more than one year haselapsed since the date of the order sought to be reviewed.Explanation.—In this section minor penalty has the same meaning as is given to minor penalty in theKerala Civil Services (Classification, Control and Appeal) Rules, 1960.49. Functions of the Secretary.— 65 [(1) Subject to the provisions of this Act and the rules madethereunder, the Secretary shall,—(a) record his opinion in writing on all matters with which he is concerned and whichrequire the decision of the Chairperson, the Council or the Standing Committee; and(b) implement the resolutions of the Council and the Standing Committee:Provided that where the Secretary is of opinion that any resolution has not been legally passed or exceedsthe powers conferred by this Act or by any other law or by the rules made thereunder or that if carried intoeffect it may endanger communal harmony or public safety or it is contrary to the Central State Policy, theSecretary shall request the council in writing to review the matter and express his views during review by thecouncil and if the council sticks on to its earlier decision, he shall refer it to the Government for appropriateaction and decision, after intimating the matter to the Chairperson:Provided further that where, on review of the resolution, the council decides to implement the same and thedecision of the Government have not been intimated within fifteen days from the date of reference to theGovernment, the Secretary shall implement the said resolution and the matter be intimated to the Government:Provided also that no approval of the Chairperson is required for the Secretary to refer the matter to thecouncil or the Government as aforesaid, but he shall give a copy of the report sent to the Government, to theChairperson;(c) furnish periodical reports to the council and the standing committees, as the case maybe, regarding the action taken or progress made in implementing the resolutions of the council orthe standing committees;(d) implement the directions of the Chairperson:Provided that where the Secretary is of opinion that any direction given by the Chairperson is in excess of thepowers conferred under the provisions of this Act or any other law or the rules made thereunder, he may first bringthe matter to the notice of the Chairperson and if the Chairperson repeats his direction and if the Secretary stickson to his earlier opinion, he shall report that matter to the council in the manner as may be prescribed;(e) exercise such of the powers and perform such of the functions as may be specificallyconferred or delegated by or under this Act;63. Proviso inserted by Act 14 of 1999, w.e.f. 24-3-1999.64. Sub-section (12) & (13) added by Act 14 of 1999, w.e.f. 24-3-1999.65. Sub-section (1) substituted by Act 14 of 1999, w.e.f. 24-3-1999.(f) incur the expenditure authorised by the council or the Chairperson, subject to thebudgetary provision;