awe IHN] THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 29, 2008 39 Officers of Coporation Cae of Cont fected sd other Eenctions of sevice of Gonsmissone Sau oer officers Sppoinied by Sate Sremmert. ‘The West Bengal Municipal Corporation Act, 2006. (Part 1—Corporation Area—Chapter IV.—A. Officers and other employees of Corporation.—Sections 30-32.) CHAPTER IV A. Officers and other employees of Corporation 30, (1) Save as otherwise provided in this Act, the Corporation shall have the following officers, namely:— (a) the Commissioner, (©) the Chief Engineer, (©) the Deputy Commissioner, Revenue, (@) the Health Officer, (©) the Finance Officer, (Othe Chief Auditor, (8) the Secretary, and (h) such other officers as may be designated by the State Government in this behalf. (2) The officers referred to in sub-section (1) shall be appointed— (a) by the State Government in consultation with the Mayor-in-Counci by notification, from amongst the persons who are, or have been, in the service of the State Government. or (©) if so directed by the State Government, by the Corporation in consultation with the State Public Service Commission: Provided that the appointment of such officers shall beon such terms. and conditions, and for such period, as the State Government may determine: Provided forther that the State Government may. in consulia- tion with the Mayor-in-Council, extend the period as aforesaid from time to time, s0, however, that the total period of extension does not exceed five years. (3) The method of, and the qualifications required for, recruitment, and the terms and conditions of service including discipline, contro! and conduct, of the officers appointed by the Corporation under clause (b) of sub-section (2) shall be such as may be prescribed. (4) Notwithstanding anything contained in the foregoing provisions of this section, the officers so appointed by the State Government may, at any time, be withdrawn by the State Government suo motu or if a resolution to that effect is passed by the Corporation at a meeting called for this purpose. 31. The Code of Conduct of the Councillors as well as the elected functionaries of the Corporation shall be such as may be prescribed. 32, (1) The officers appointed by the State Government under clause (a) of sub-section (2) of section 30 shall be paid out of the Municipal Fund such salaries and allowances as the State Government may, from time to time, determine: Provided that the Corporation may, with the prior approval ofthe State Government, sanction remuneration to such officers in addition to the salaries and allowances as aforesaid, (2) Ifany of the officers referred to in sub-section (1) of section 30 in the service of the State Goverment, the Corporation shall make such contribution towards his leave salary and pension as may be required by or under the conditions of his service under the State Government or the terms and conditions of his service under the Corporation, as the case may be, to be paid for him,40 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 29, 2008 Esubtshnent of Crporatin. Appointment The West Bengal Municipal Corporation Act, 2006. (Part 1.—Corporation Area—Chapter IV.—A. Officers and other employees of Corporation.—Sections 33, 34.) (3) If any of the officers referred to in sub-section (1) of section 30 is not an officer in the service of the State Government, his leave salary and retirement benefits shall be such as may be prescribed Provided that— (@) the amount of leave and leave salary or retirement benefits shall, in no case, except with the special sanction of the State Government, exceed the amount admissible to the employees of the State Government of equivalent rank, and (b) the conditions of grant of such leave and the conditions of retirement shall, in no case, except with the special sanction ofthe State Government, bbe more favourable than those for the time being applicable to such employees of the State Government. 33. (1) The posts of officers and other employees of the Corporation, other than those referred to in sub-section (1) of section 30, shall constitute the establishment of the Corporation. (2) The State Government shall fx the norms regulating the size of establishment of the Corporation from time to time. (3) The Corporation at a meeting may, subject to the norms fixed by the State Government uncer sub-section (2), determine what officers and other employees, other than the officers mentioned in sub-section (1) of section 30, are necessary for the Corporation: Provided that no post of officer or other employee shall be created by the Corporatio without the prior sanction of the State Government. (4) The Mayor-in-Council shall consi establishment and place the same Corporation for approval: any proposil for revision in the size of is recommendations, if any, before the Provided that no upward revision of the size of establishment of the Corporation shall be made without the prior sanction of the State Government 34. (1) Themethod of, and the qualifications required for, recruitment tothe posts of different categories constituting the establishment of the Corporation shall be such as may be prescribed. (2) Subject to the provisions of this Act, appointment to all the posts of officers and other employees constituting the establishment of the Corporation shall be ‘made by the Commissioner with the approval of the Corporation and the State Government. (3) Notwithstanding anything contained in the foregoing provisions of this section of elsewhere in this Act, the Corporation may, by resolution, decide to engage, on contract basis with the prior approval of the State Government, officers and other employees of the Corporation against such posts of such other officers and other employees as may be created under section 33: Provided thatthe remuneration for, and the terms and conditions of, such engagement shall be such as the State Government may approve.Parr II] THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 29, 2008 Compulsory ter and other employees of Corporation, Terms and ‘ondtions of Serie of lficers tndober ployee of Careration Consiaton of Muni Service Commision Payment of ies ad lowances of Chairman sao tthe empogers oN Service Commission. Seketon of. The West Bengal Municipal Corporation Act, 2006, (Part Corporation Area.—Chapter IV.—A. Officers and other employees of Corporaiion.—Sections 35, 36.—B. Municipal Service Commission. — Sections 37-39.) 35. (1) Notwithstanding anything contained in this chapter or elsewhere in this Actor the rules made thereunder, an officer or other employee of the Corporation shall retire from service compulsorily with effect from the afternoon of the last day of the month in which he attains the age of sixty years. (2) No officer or other employee of the Corporation shall be re-employed after retirement in any post of the Corporation without the prior sanction of the State Government. 36. The terms and conditions of service, including discipline, control and conduct, of officers and other employees constituting the establishment of the Corporation shall be such as may be prescribed: Provided that such terms and conditions of service ofthe officers ofthe Corporation appointed under clause (a) of sub-section (2) of section 30, shall be such as may be determined by the State Government. B. Municipal Service Commission 37. (1) The State Government may constitute a Municipal Service Commissi consisting of — (@) 4 Chairman, and (b) two other members. (2) The Chairman and the other members of the Municipal Service Commission shall be nominated by the State Government. (3) The Municipal Ser ‘manner, as may be prescribed. (4) The State Government shall also preseribe by rules— (the terms of office, salaries, allowances (if any), and conditions of setvice ofthe Chairman and the other members ofthe Municipal Service ‘Commission and of those whose appointment is of a casual or part-time nature, s, and in such ‘Commission shall perform such dut Gi) the number of officers and other employecs of the Municipal Service ‘Commission and their salaries and allowances, and ine, convol and conduct of officers and other employees of the 38. The salaries and allowances, if any, of the Chairman and other members of the Municipal Service Commission and the officers and other employees thereof shall be paid by the Siate Government 39. Notwithstanding anything contained in section 37, the Municipal Service ‘Commission (hereinafter referred to inthis section as the said Commission) shall select stich personnel for the Corporation as may be determined by the State Government by notification, and it shall be binding on the Corporation to appoint the personnel selected by the said Commission,2 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 29, 2008 [Paver 1 The West Bengal Municipal Corporation Act, 2006, (Part l—Corporation Aree.—Chapter 1V.—C. Municipal Vigilance Authority. — Section 40.—D. Powers and functions of municipal authorities and officers of Corporation.—Sections 41-43.) C. Municipal Vigilance Authority Morin 40. The Municipal Vigilance Authority appointed under sub-section (1) of section Vignes 2IA of the Kolkata Municipal Corporation Act, 1980, shall, by virtue of sub- section ‘() and sub-section (6) of sestion 27A of the Kolkata Municipal Corporation Act, 1980, Ben Ast enquire into any complaint of corruption. misconduct, lack of integrity or any other “%° kind of malpractice or misdemeanour on part of any officer or other employee of a ‘Corporation as and when required by the Corporation concerned. D. Powers and functions of municipal authorities and officers of Corporation Romersand 41. (1) Subjectto the provisions ofthis Act and the rules and the regulations made eat thereunder, the executive power of the Corporation shall be exercised by the Mayor. Conc inCouneil as may be delegated to it by the Corporation under sub-section (1) of Powers and functions of Mayer Deputy Mayor 0 sctas Mayor or Sree ‘hoetots of Mayor or (Chatman during Saal vacancy in Te olfice of Mayor or Chatman of ‘iring the absence ot stayor or Chain section 47. 2) All executive actions of the Mayors in the name of the Corporation. 3) All proceedings of the meetings of the Mayer the next mecting of the Corporation for consideration. Council shall be expressed to be taken }-Council shall be placed in 42, (1) The Mayor shall be the whole time functionary of the Corporation, and he shall exercise such powers, and discharge such functions, as conferred on him by oor under this Act. (2) The Mayor shall preside over a meeting of the Mayor-in-Council, which shall meet at such place, and at such time, as the Mayor may direct. (3) The matters to be discussed at a meeting of the Mayor-in-Couneil shall be prepared under the direction of the Mayor and shall be circulated to the members of the Mayor-in-Couneil in such manner as the Mayor may determine. (4) ‘The Mayor shall, for convenient transaction of the business of the Corporation, allot among the members of the Mayor-in-Council such business of the Corporation in such manner as he thinks fit. (5) The Mayor may, if he is of opinion that immediate execution of any work (which ordinarily requires the approval of the Board of Councillors or the Mayor-in- Council) is necessary, direct the execution of such work: Provided that the Mayor shall report forthwith to the Board of Councillors or the ‘Mayor-in-Couneil, a the case may be, the action taken under this sub-section and the reasons thereof. 43. (1) In the event of the occurrence of any vacancy in the office of the Mayor or the Chairman by reasons of his death, resignation, removal or otherwise. the Deputy Mayor shall act as the Mayor or the Chairman, as the case may until the date on which a new Mayor or Chairman, as the case may be, elected in accordance with the provisions of this Act to fill such vacaney, enters upon his office. (2) When the Mayor or the Chairman is unable to discharge the functions of the Mayor or the Chairman, as the case may be, owing to absence, illness or any other ‘cause, the Deputy Mayor shall discharge the functions of the Mayor or the Chairman, as the case may be, until the date on which the Mayor or the Chairman, as the case may be, resumes his duties, (3) Subject to the other provisions of this Act, the Deputy Mayor shall, while acting as, or discharging the functions of, the Mayor or the Chairman under this section, have all the powers of the Mayor or the Chairman, as the case may be.Page IU) THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 29, 2008 Poersand foncons of Comisoner. Power and Fancton of ‘Score. Facial ofoud ot Cenc, Nijori Cosi dod Comms: Detain of wer and The West Bengal Municipal Corporation Act, 2006. (Part 1—Corporation Area.—Chapter IV.—D. Powers and functions ‘of municipal authorities and officers of Corporation — Sections 44-47,) 44. The Commissioner shall be the principal Executive Officer of the Corporation and shall, subject to the supervision and control of the Mayor,— (@) exercise the powers and perform the functions specifically conferred or imposed on him by or under this Act or by any other law for the time being in force; (b) assign the duties, and exercise supervision and control over the acts and proceedings, of all officers and employees of the Corporation; (©) be responsible for the custody of all records, other than the papers and documents connected with the proceedings of the Corporation and the Mayor-in-Couneil and the Municipal Accounts Committee, and shall preserve the same in such manner, and for such period, as may be ‘determined by regulations; (@) be responsible for the preparation of the annual report on the working ‘of the Corporation, and such report shall be prepared as soon as may be after the first day of April every year and not later than such date as may te fixed by the State Government and shall be placed before the Board of Councillors at a meeting for consideration before the same is forwarded to the State Government 45. (1) The Secretary shall be the Secretary to the Board of Councillors and the Municipal Accounts Committee and of other committees, if any, and shall exercise such powers, and shall discharge such functions, as are conferred on him by or under this Act or as may be assigned to him by the Commissioner. (2) The Secretary shall be responsible for the custody of all papers and documents connected with the proceedings of the Board of Councillors and the Municipal Accounts Committee and of other committees, if any, and shall preserve the same in such manner, and for such period, as may be determined by regulations, 46. The financial powers of the Board of Councillors, the Mayor-in-Couneil and the Commissioner shall be such as may be prescribed. 47, (1) The Board of Councillors may, by resolution, delegate, subject to such conditions as may be specified in the resolution, any of its powers or functions to the Mayor-in-Council (2) The Mayor-in-Council may, by onder, delegate, subject to such conditions as may be specified in the order, any of its powers or functions to the Mayor or to the Commissioner. (G) Subject to such standing orders as may be made by the Mayor-i-Council in this behalf, — (a) the Mayor may. by order, delegate, subject to such conditions as may be specified in the order, any of his powers or functions to the Deputy Mayor or to the Commissioner, (©) the Commissioner may, by order, delegate, subject to such conditions ‘as may be specified in the order. any of his powers or functions to any other officer or any employee of the Corporation; and. (©) any officer of the Corporation vther than the Commissioner may, by order, delegate, subject to such conditions as may be specified in the order, any of his powers or functions to any officer subordinate to him,‘THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 29, 2008 (Pawr 11 Doutta 0 powers ot Fectons of Soe, [Nomination of panel of Presiding Bice Meeting Fit esting of| Comoran ‘oneral lction| Notice of meting. The West Bengal Municipal Corporation Act, 2006. (Part I—Corporation Area.—Chapter IV.—C. Powers and functions ‘of municipal authorities and officers of Corporation.—Section 48.— Chapter V.—Conduct of business.—Sections 49-52.) (4) Notwithstanding anything contained in the foregoing provisions of this section, the Mayor-in-Council, the Mayor, the Commissioner, or the officer referred to in clause (c) of sub-section (3) shall not delegate— (a) any of its or his powers or functions delegated to it or him under this section, oF (b) such of its or his powers or functions as may be prescribed. 48. If any doubt arises as to whether any particular power or function appertains to any municipal authority or the Commissioner, the Mayor shall refer the ‘matter to the State Government, and the decision of the State Government thereon shall be final CHAPTER V Conduct of business 49, (1) The Chairman shal, atthe beginning ofeach calendar year, nominate from amongst the elected members of the Corporation a panel of not more than three Presiding Officers and specify sequence in which any one of them may preside over the meetings-of the Corpontion in the absence of the Chairman, (2) A member nominated under sub-section (1) shall hold office until new pane! of Presiding Officers is nominated. 58, (1) The Corporation shall meet not less than once in every month for the transaction of business. (2) The Chairman may, whenever he thinks fit, and shall, upon-a requisition in ‘writing by not less than one-third of the elected members of the Corporation, convene ‘4 meeting of the Board of Councillors. (3) Any meeting may be adjourned until the next or any subsequent date, and an adjourned meeting may be further adjourned in the like manner. SI. (1) The first meeting of the Corporation afiera general election shall be held within thiry days after the publication of the results thereof and shall be convened. by the Commissioner, and a clear seventy-two hours’ notice shall be given for the meeting. (2) Notwithstanding anything contained in this Act, the first meeting of the Corporation for the election of the Mayor and the Chairman shall be presided over by a member to be nominated by the State Government in this behalf: Provided that such member shall not himself be a candidate for such election 3) Inthe case of equality of votes obtained by the candidates fr election as Mayor or Chairman, the election shall be made by lot to be drawn in the presence of the candidates in such manner as the Presiding Officer may determine. (4) The Presiding Officer shall report to the State Government the names of the persons elected as the Mayor or the Chairman, and the State Government shall publish such names in the Official Gazette. 52. Notice of every meeting, other than the first meeting, of the Corporation shall be given by the Commissioner under the direction of the Chairman to all the members in the manner provided in section 53 at least seven days before the date fixed for the meeting.