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GOVERNMENT OF PUDUCHERRY

LOCAL ADMINISTRATION DEPARTMENT

(SECRETARIAT WING)

(G.O. Ms. No. 4/LAS/2014, dated 17th July 2014)

NOTIFICATION

In exercise of the powers conferred by sub-section (2) of

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:-

Registered with the Registrar

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The Gazette of Puducherry

PART - II

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28 {

No. 17

Poudouchéry

Lundi

28

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2014

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28th

July

2014

(6 Sravana 1936)

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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 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

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).

online publication at “http://styandptg.puducherry.gov.in”

Government Central Press

Directorate of Stationery and Printing

Puducherry-9.