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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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▪ 2014 } | 28 { No. 17 Poudouchéry Lundi 2 8 Juillet 2014
No. Puducherry Monday 28th July 2014
(6 Sravana 1936)
GOVERNMENT OF PUDUCHERRY
LOCAL ADMINISTRATION DEPARTMENT
(SECRETARIAT WING)
(G.O. Ms. No. 4/LAS/2014, dated 17th July 2014)
NOTIFICATION
I n exer cise o f the po wers confer red by sub -section ( 2) o f section 114 of the Puducherry Municipalities Act, 1973 (No. 9 of 1973), the Lieutenant-Governor, Puducherry hereby makes the following rules further to amend the Puducherry Municipal Services (Classification, Control and Appeal) Rules, 1982 notified vide G.O. Ms. No. 8, dated 9th January l981of Local Administration Department and published in the Extraordinary Gazette No.14, dated 10th February 1981 of the Government of Puducherry, namely:-
[ 189 ] 190 LA GAZETTE DE L'ETAT
1. Short title and commencement.— (1) These rules may be called the Puducherry Municipal Services (Classification, Control and Appeal) (Amendment) Rules, 2014.
(2) They shall come into force on and from the date of their
publication in the official gazette.
2. Amendment of rule (6).— (i) In the Puducherry Municipal Services (Classification, Control and Appeal) Rules, 1982 (hereinafter referred to as the said rules), in rule 6 after sub-rule (4), the following shall be inserted, namely:-
"Provided that no such further inquiry shall be ordered unless it is intended to meet a situation where the court has passed an order purely on technical grounds without going into the merits of the case".
(ii) In the said rules, for the existing clause (a) of sub-rule (5) of
rule 6, the following shall be substituted, namely:-
"(5) (a) Subject to the provisions contained in sub-rule (7), any order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority competent to do so."
(iii) In the said rules, after sub-rule (5) of rule 6, the following
sub-rules (6) and (7) shall be added, namely:-
"(6) An order of suspension made or deemed to have been made under this rule shall be reviewed by the authority which is competent to modify or revoke the suspension before expiry of ninety days from the effective date of suspension on the recommendation of the Review Committee constituted for the purpose and pass orders either extending or revoking the suspension. Subsequent reviews shall be made before expiry of the extended period of suspension. Extension of suspension shall not be for a period exceeding one hundred and eighty days at a time.
(7) An order of suspension made or deemed to have been made under sub-rule (1) or (2) of this rule shall not be valid after a period of ninety days unless it is extended after review for a further period before the expiry of ninety days.
Provided that no such review of suspension shall be necessary in the case of deemed suspension under sub-rule (2), if the municipal servant continues to be under suspension at the time of 191
PART–II] LA GAZETTE DE L'ETAT
completion of ninety days of suspension and the ninety days period in such case will count from the date the municipal servant detained in custody is released from detention or the date on which the fact of his release from detention is intimated to his appointing authority, whichever is later".
(By order of the Lieutenant-Governor)
KP. CALIA PEROUMAL, Under Secretary to Government (LA).
————
GOVERNMENT OF PUDUCHERRY
LOCAL ADMINISTRATION DEPARTMENT
(SECRETARIAT WING)
G.O. Ms. No. 5/LAS/2014, dated 17th July 2014)
NOTIFICATION
In exercise of the powers conferred by sub-section (2) of section 68 of the Village and Commune Panchayat Act, 1973 (No. 10 of 1973), the Lieutenant-Governor, Puducherry hereby makes the following rules further to amend the Puducherry Commune Panchayat Services (Classification, Control and Appeal) Rules, 1982 notified vide G.O. Ms. No. 9, dated 9th January l981 of Local Administration Department and published in the Extraordinary Gazette No. 10, dated 30th January 1981 of the Government of Puducherry, namely:-
1. Short title and commencement.— (i) These rules may be called the Puducherry Commune Panchayat Services (Classification, Control and Appeal) (Amendment) Rules, 2014.
(ii) They shall come into force on and from the date of their
publication in the official gazette.
2. Amendment of rule (6).— (i) In the Puducherry Commune Panchayat Services (Classification, Control and Appeal) Rules, 1982 (hereinafter referred to as the said rules), in rule 6, after sub-rule (4), the following shall be inserted, namely:-
"Provided that no such further inquiry shall be ordered unless it is intended to meet a situation where the court has passed an order purely on technical grounds without going into the merits of the case".
192 LA GAZETTE DE L'ETAT
(ii) In the said rules, for the existing clause (a) of sub-rule (5) of
rule 6, the following shall be substituted, namely:-
"(5) (a) Subject to the provisions contained in sub-rule (7), any order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority competent to do so".
(iii) In the said rules, after sub-rule (5) of rule 6, the following
sub-rules (6) and (7) shall be added, namely:-
"(6) An order of suspension made or deemed to have been made under this rule shall be reviewed by the authority which is competent to modify or revoke the suspension before expiry of ninety days from the effective date of suspension on the recommendation of the Review Committee constituted for the purpose and pass orders either extending or revoking the suspension. Subsequent reviews shall be made before expiry of the extended period of suspension. Extension of suspension shall no t b e fo r a period exceeding one hundred and eighty days at a time.
(7) An order of suspension made or deemed to have been made under sub-rule (1) or (2) of this rule shall not be valid after a period of ninety days unless it is extended after review, for a further period before the expiry of ninety days.
Provided that no such review of suspension shall be necessary in the case of deemed suspension under sub-rule (2), if the commune panchayat servant continues to be under suspension at the time of completion of ninety days of suspension and the ninety days period in such case will count from the date the commune panchayat servant detained in custody is released from detention or the date on which the fact of his release from detention is intimated to his appointing authority, whichever is later."
(By order of the Lieutenant-Governor)
KP. CALIA PEROUMAL, Under Secretary to Government (LA).
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