THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

Establishment222. Constitution of a common municipal service. — (1) The Government may,subject to such rules as may be prescribed, constitute a common municipal service for theemployees under the service of the Municipalities in the State and regulate the recruitment andconditions of service of the employees of the Municipalities.(2) Subject to such rules as may be made the power to sanction leave to the officersand employees of the Municipality shall be vested in the Secretary.(3) The Municipal Council shall subject to such rules as may be made in this behalf,have the power to impose minor penalties on any officer or employee of the Municipality.(4) An appeal may be preferred against an order of the Council imposing a minorpenalty to the authority empowered (hereinafter referred to as "authority") in this behalf.(5) An appeal under sub-section (4) shall be in such form and shall be filed within suchtime and manner as may be prescribed.(6) The Authority shall, on receipt of an appeal under sub-section (4) give the appellantan opportunity of being heard and may either confirm, cancel or modify the order appealedagainst or may pass such other order as it deems fit.(7) The Government may, either suo motu or on application call for the records relatingto any order passed under sub-section (6) review such order and may pass such order inrespect of the same as they deem fit:44 [(8) in the case where disciplinary proceedings, which may result in the imposition of a majorpenalty, have to be initiated, against officers or employees of the Municipality, the Chairperson shallhave the power to report to the authority competent to impose major penalty on such officer oremployee. Under the rules applicable to such officer or employee, and the authority shall consider thereport and inform the Chairperson the final decision taken thereon.(9) Every Municipality shall, make available the services, of its officers and employees, for theperformance of the functions, entrusted by the Government, which involved the implementation ofany scheme, project or plan.]Provided that no application for review shall be entertained after the expiry of thirty daysfrom the date the order sought to be reviewed was received by the applicant:Provided further that an order affecting any party shall be passed only after giving thatparty an opportunity of submitting a representation:Provided also that no review shall be done by the Government suo motu after the expiryof one year from the date of the order sought to be reviewed.223. Creation of posts under Municipality.— (1) No post in the service of a Municipalityshall be created except with the previous sanction of the Government.(2) While according sanction under sub-section (1) the Government shall give due regard tothe necessity and financial soundness of the Municipality.44A [224. Appointing Authorities.— (1) The Council shall be the appointing authority in respect ofthe contingent posts in the Municipal Service and appointment orders in respect of them shall be issuedby the Secretary, with the approval of the Council.43. Section 220 omitted by Act 14 of 1999, w.e.f. 24-3-1999.44. Sub-section (8) & (9) added by Act 14 of 1999, w.e.f. 24-3-1999.