Section 227 of The Kerala Municipality Act, 1994 — Special Provisions regarding Government servants lent to Municipality
Bare section text
Official Legislative Text
(1) Subject to the terms and conditions as prescribed, the Government may transfer their officers and employees to the service of the Municipalities for the implementation of schemes, projects and plans entrusted or vested in the Municipality under this Act. (1 A) The Government officers and employees transferred to a Municipality under sub- section (1) shall perform, in addition to their normal functions, any other connected functions assigned to them by the Municipality as if they are officers and employees of the Municipality. (IB) The officers and employees so transferred shall be under the control and supervision of the Municipality, and the terms and conditions in regard to their services including disciplinary actions, shall continue to be the same as that applicable to them under the Government subject to the other provisions of this Act. (IC) The salary of the Government employees transferred to the Municipality shall be paid by the Government, until the Government decide that it shall be paid from the Municipal Fund. (2) If such servant while employed in the Municipality or if any other servant of the Municipality does any work for the Government, the Government shall contribute to the municipal fund so much of the salary of such servant as the Government may consider to be an equivalent for such work. (3) No Government servant employed by a Municipality shall, except in cases of emergency, be withdrawn from the service of the Municipality without its contest, unless and until the Government shall have given three months notice in writing to that effect to the Municipality or unless some other Government servant has been deputed to replace the one withdrawn. (4) Government servants employed by a Municipality shall be entitled to leave and other privileges in accordance with the rules applicable to them while in Government service. (5) Where disciplinary proceedings have to be initiated against any officer or employee referred to in sub-section (1), the Chairperson concerned shall have the right to conduct enquiry against such officer or employee and to submit report to Government. (6) Notwithstanding anything contained in sub-section (5), the council shall have power, subject to such rules as may be made in this behalf, to impose minor penalties on any officer or employee referred to under sub-section (1).
Educational Study Layer
Summary
- The Government may transfer its officers and employees to the service of the Municipalities to implement schemes, projects, and plans.
- Transferred officers must perform any other connected functions assigned to them by the Municipality as if they were direct employees.
- Lent officers remain under the control and supervision of the Municipality, though their service terms and disciplinary conditions continue to be governed by the Government.
- The salary of these transferred employees must be paid by the Government until the Government decides it should be paid from the Municipal Fund.
- If a Municipality's servant does work for the Government, the Government must contribute an equivalent portion of their salary to the municipal fund.
- The Government cannot withdraw a lent servant without the Municipality's consent unless a three-month written notice is given, except in cases of emergency.
- The Chairperson has the right to conduct an enquiry if disciplinary proceedings are initiated against a lent officer and must submit the report to the Government.
- The Municipal Council has the power to impose minor penalties on these lent officers, subject to prescribed rules.
Practical examples
FAQ
1. Who pays the salary of a Government employee lent to a Municipality under Section 227?
Under Section 227 of the Act, the salary is paid by the Government until the Government decides that it shall be paid from the Municipal Fund.
2. Under whose control and supervision do lent Government employees work under Section 227?
Under Section 227 of the Act, they are under the control and supervision of the Municipality.
3. Can the Government withdraw a lent servant without the Municipality's consent under Section 227?
Yes, but under Section 227 of the Act, the Government must either give three months' written notice to the Municipality or depute another servant to replace the withdrawn one, except in cases of emergency.
4. What disciplinary powers does the Municipal Council have over lent Government servants under Section 227?
Under Section 227 of the Act, the Municipal Council has the power to impose minor penalties on lent officers, subject to the rules.
5. What role does the Chairperson play in major disciplinary actions against lent servants under Section 227?
Under Section 227 of the Act, if disciplinary proceedings are initiated, the Chairperson has the right to conduct an enquiry and submit the report to the Government.
Practice Quiz
Q1.An Assistant Executive Engineer from the Public Works Department is transferred to the Varkala Municipality under Section 227. While working there, who pays the engineer's salary?
Q2.Under Section 227 of the Act, if the Government wants to recall a lent junior clerk from the Alappuzha Municipality without providing a replacement, what is the mandatory requirement (assuming there is no emergency)?
Q3.If a lent officer in the Thrissur Municipality is accused of gross negligence, what is the Chairperson's role in the disciplinary process under Section 227 of the Act?
Q4.A lent Government officer working under the service of the Attingal Municipality has committed a minor infraction of rules. Under Section 227 of the Act, does the Municipal Council have any power to penalize them?