Panchayat:Repo18/Law Manual Page0724

724 THE KERALA PANCHAYAT LAW MANUALES Rule 9

9. Action on breach of the Code of Conduct.— (1) Any complaint of an officer or anyone else on the breach of any of the code of conduct mentioned in these rules by an elected authority shall be submitted before the Ombudsman for Local Self Government Institutions under subsection (4) of Section 185 A.

(2) The complaint of an elected authority on the breach of the code of conduct by an officer may be submitted before the Ombudsman.

(3) The case in which an officer submits complaint before the Ombudsman the officer shall furnish copy of the complaint to his superior officer.

(4) After considering and examining the complaint received under sub-rules (1) and (2) by the Ombudsman and after conducting detailed investigation, if necessary, the report thereon with suitable recommendations shall be forwarded to the Government for appropriate action and the Government shall take legal and appropriate action after examining the report submitted by the Ombudsman.

(5) In case, where the Ombudsman finds in its investigation that an elected authority or an officer has committed breach of the code of conduct, the Ombudsman by considering the seriousness or simplicity of the said breach, may recommend on the report forwarded to the ent, to impose a fine which may extend to one thousand rupees.

(6) In case, where the Ombudsman recommended to impose fine on an elected authority or an officer, the Government shall give an opportunity, to the elected authority or an officer who is found to have committed breach of the code of conduct, to show cause, if any, as to why the said fine shall not be imposed, and the explanation received in Pursuance to this, if found not satisfactory, the fine as recommended by the Ombudsman or an amount which may extend to one thousand rupees may be imposed on the elected authority or the officer, as the case may be, and may be ordered to remit the said amount to the Panchayat Fund. In the case of the elected authority, if the amount ordered in such manner is not remitted to the Fund, it shall be considered as an arrear due to the Panchayat by the elected authority.

(7) The Ombudsman, by examining a complaint that an officer has committed breach of any of the code of conduct mentioned in these rules, if found necessary, may recommend instead of fine, to take disciplinary action against that officer in accordance with the relevant provisions in the Kerala Panchayat Raj (Control over Officers) Rules, 1997 or the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960, as the case may be, and the Government shall take further action in pursuant to it.

(8) Notwithstanding anything contained in sub-rule (2), any complaint that an officer has committed breach of a code of conduct mentioned in these rules may be considered by the superior authority or the appointing authority of the officer or the Government, as the case may be, and may take action in accordance with the relevant Rules mentioned in sub-rule (7):

Provided that the case in which a complaint that an officer has violated the code of conduct is under consideration by the Ombudsman, action under this sub-rule shall not be taken against such officer.

                                                                   Explanatory Note

This does not form part of the notification, but is intended to indicate its general purport. Section 185 A of the Kerala Panchayat Raj Act, 1994 (13 of 1994) empowers the Government to make rules regarding a code of conduct in respect of the relationship between the elected authorities and employees of the Panchayat for the purpose of protection of the rights of the officers and employees under the control of the Panchayat to render advice on matters dealt with by them professional freedom and statutory rights. In addition, in pursuance of the power given to the Government under Section 255 to provide in the Rules a fine which may extend to one thousand rupees for breach of the rules made under the Act the Government considers that for the strict compliance of the code of conduct it is necessary to provide penalty. The Government have decided to make rules by exercising the above powers. This notification is intended to achieve the above object.