BIHAR MUNICIPAL ACT, 2007

Act No. 11 of 2007

5.4.2007

An Act to consolidate and amend the laws relating to the municipal governments in the State of Bihar in conformity with the provisions of the Constitution of India as amended by the Constitution (Seventy-fourth Amendment) Act, 1992, based on the principles of participation in, and decentralization, autonomy and accountability of, urban self-government at various levels, to introduce reforms in financial management and accounting systems, internal resource generation capacity and organizational design of Municipalities, to ensure professionalisation of the municipal personnel, and to provide for matters connected therewith or incidental thereto.1 Be it enacted by the Legislature of the State of Bihar in the fifty eighth year of the Republic of India as follows: 1. published in the bihar gazette (ext. ord) dated 5.4.2007

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S.1 Short title, extent and commencement

(1) This Act may be called the Bihar Municipal Act, 2007

(2) It shall extend to the whole of the State of Bihar excluding cantonment areas therein.

(3) It shall come into force at once.

S.2 Definitions

In this Act, unless the context otherwise requires-

• (1) "Ad hoc Committee" means an Ad hoc Committee appointed under Section 33;
• (2) "Administrator" means any officer appointed by the State Government to exercise the powers and perform the duties conferred or imposed on the Municipalities, the Empowered Standing Committee and the Chief Executive Officer, by or under this Act;
• (3) "Annual Rental Value" of a holding means the gross annual rental at which a holding may reasonably be expected to be let out.
• (3A) "Auditor" means an Auditor appointed under Section 90, and includes any officer authorized by him to perform all or any of the functions of an Auditor under this Act;
• (4) "assessment list" means any municipal assessment register referred to under this Act, and includes any register subsidiary thereto;
• (5) "authorise" means authorised by the Corporation either generally or specially;
• (6)- "balance sheet" means th
  

S.3 Declaration of intention to constitute a municipal area

(1) The State Government may, after making such inquiry as it may deem fit, and having regard to the population of any urban area, density of population there in, the revenue generated for the local administration of such area, the percentage of employment in non-agriculture activities in such area, the economic importance of such area, and such other factors as may be prescribed, by notification, declare its intention to specify such area to be a larger urban area, or a medium urban area, or a transitional area:

Provided that no such declaration shall be made unless the population

• (a) in the case of a larger urban area, is two lacs or more,
• (b) in the case of medium urban area, is forty thousand or more but is less than two lacs, and
• (c) in the case of a transitional area, that is a small town, is twelve thousand and more but not more than forty thousand:

Provided further that the non-agricultural population in all cases shall be

S.4 Publication of declaration

(1) The State Government may by a notification, published in the Official Gazette and in at least two leading newspapers, at least one of which shall be in vernacular intelligible conveyed its intention to constitute a municipal area to the inhabitants of the local area concerned.

(2) A copy of the notification shall also be pasted at a conspicuous place in the office of the Collector of the district and, where there is a Municipality, also in the office of the Municipality and in such other public places as the State Government may direct.

(3) Public proclamation about the constitution of a municipal area shall be made either by beating of drum throughout the local area concerned or through any other publicity media.

S.5 Consideration of objection

Any inhabitant of the city, town or Nagar Panchayat in respect of which a notification has been published under Section 4 may, object to anything contained in the notification and submit his objection in writing to the State Government within one month from the date of its publication, the State Government shall take such objection into consideration.

S.6 Constitution of Municipal Area

On the expiry of one month from the date of publication of notification under Section 4 and after consideration of all or any of the objections which may be submitted, the State Government may, by notification, constitute such Large Urban area, city, town or transitional area or any specified part thereof as a municipal area under this Act.

S.7 Classification of Municipal areas

The State Government may, for the purpose of application of the provisions of this Act, classify any municipal area on the basis of the population as ascertained at the last preceding census of which the relevant figures have been published, as

• (a) a larger urban area having population above 2,00,000
• (b) a medium urban area of
  • Class 'A' municipal area having population above 1,50,000 but not exceeding 2,00,000, or
  • Class 'B' municipal area having population above 1,00,000 but not exceeding 1,50,000, or
  • Class 'C municipal area having population above 40,000 but not exceeding 1,00,000, and
• (c) transitional small urban area having population above 12,000 but not exceeding 40,000:

Provided that for the purpose of classification of municipal areas in any hill area, pilgrim centre, tourist centre or mandi town, the government may, by notification, determine separate size of population for each

S.8 Power to abolish or alter limits of municipal area

The State Government may, by notification,

• (a) withdraw any municipal area or part thereof from the operation of this Act, or
• (b) exclude from a municipal area any local area comprised therein and defined in the notification, or
• (c) include within a municipal area any local area contiguous to such municipal area and defined in the notification, or
• (d) divide any municipal area into two or more municipal areas, or unite two or more contiguous municipal areas so as to constitute one municipal area, or
• (f) revise the boundary of two or more contiguous municipal areas: Provided that the procedure laid down for the constitution of a municipal area under this Act shall be followed mutatis mutandis in each such case:

Provided further that the views of the Municipality affected by any such notification shall be invited by the State Government within such time as may be specified in the notification, and the State Government sha

S.9 Power to include certain dwelling house, manufactory, etc. within a particular municipal area

Where a dwelling house, manufactory, warehouse, or place of industry or business is situated within the limits of two or more adjacent municipal areas, the State Government may, notwithstanding anything contained elsewhere in this Act, by notification, declare the municipal area within which such dwelling house, manufactory, warehouse, or place of industry or business shall be deemed to be included for the purposes of this Act.

S.10 Power to exempt municipal area from operation of any provisions of the Ordinance unsuited thereto

(1) The State Government may, by notification, and for reasons to be recorded in writing, exempt municipal areas from the operation of any of the provisions of this Act considered unsuited thereto, and, thereupon, the said provisions shall not apply to such municipal areas until such provisions are applied thereto by notification.

(2) While a notification under sub-section (1) remains in force, the State Government may make Rules consistent with the provisions of this Act in respect of any matter within the purview of such provisions from the operation of which the municipal areas as aforesaid are exempted.

S.11 The Municipality

(1) The Municipality shall consist of such number of elected Councillors as there are wards within the municipal area as determined in accordance with the provisions made under Section 13 of this Act.

(2) The Municipality shall be a body corporate with perpetual succession and a common seal, and may, by the name of the Municipality of the city or the town or the Nagar Panchayat, as the case may be, by reference to which the Municipality is known, sue and be sued.

(3) All executive actions of the Empowered Standing Committee shall be expressed to be taken in the name of the Municipality.

(4) Subject to the provisions of this Act, the Municipality shall have the power to acquire, hold and dispose of properties.

S.12 Constitution of Municipality

(1) Save as provided in sub-section (3) all the seats in the municipalities shall be filled by persons chosen by direct election from the territorial constituencies in the municipal area and for this purpose, each Municipal area shall be divided into territorial constituencies, known as wards.

(2) (a) In every Municipality as nearly as possible but not exceeding fifty percent of the total seats of the member of Municipalities shall be reserved for

• (i) Scheduled Castes;
• (ii) Scheduled Tribes; and
• (iii) Backward Classes.

The number of seats so reserved for Scheduled Castes and Scheduled Tribes shall be as nearly as possible the same proportion to the total number of seats to be filled up by direct election in that Municipality as the population of the Scheduled Castes and Scheduled Tribes bears to the total population of the area and such seats shall be allotted by rotation to different constituencies in a Municipality under the dir

S.13 Composition of Municipality

Each Municipality shall consist of such number of Councillors/wards within the maximum limit as are specified in the Table below determined by the State Government.

The Table

Number of Councillors/Wards	Number of Councillors/Wards
Population range	Minimum	Incremental Number	Maximum
Municipal Corporation	Above 10 lakh	67	One additional Councillor for every 75,000 above 10 lakh	75
	Above 5 lakh upto 10 lakh	57	One additional Councillor for every 50,000 above 5 lakh	67
	Avove 2 lakh upto 5 lakh	45	One additional Councillor for every 25,000 above 2 lakh	57
Municipal Councils	Class 'A' Municipal Council	42	One additional Councillor for every 15,000 above 1,50,000	45

S.14 Election of Councillors

Notwithstanding anything contained in this Act, the superintendence, direction and control of preparation of electoral rolls for, and the conduct of, all elections of Councillors of the municipality in the State under this Act and the Rules made thereunder shall be vested in the State Election Commission constituted under Section 123 of Bihar Panchayat Raj Act, 2006 (Bihar Act 6, 2006)

S.15 Oath of allegiance to be taken by Councillors

(1) Notwithstanding anything contained in the Indian Oaths Act, 1873, every person who is elected as a Councillor shall, before taking his seat, make and subscribe an oath or affirmation of his allegiance to the Constitution of India before,

• (a) in the case of a Municipal Corporation, the Secretary to the State Government in-charge of municipal affairs or his nominee not below the rank of a Deputy Secretary to the State Government, and
• (b) in the case of a Municipal Council or a Nagar Panchayat, the District Magistrate or the Magistrate-in charge of the sub-division in which the municipal area is situated or an officer of the State Government authorized in this behalf by the District Magistrate.

(2) The oath shall be in the following form:

"I.......... , having been elected a Councillor of the municipal area of... do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law e

S.16 Terms of office of councillors of municipality

Subject to the provisions of sub-section (6) or sub-section (7), as the case may be, of Section 12, a Councillor shall hold office for a period of five years from the date of the first meeting of the Municipality under Section 35 or, in the case of a Councillor chosen to fill a casual vacancy, for the remainder of the term of office of his predecessor, unless

• (a) the Municipality is dissolved earlier, or
• (b) he resigns his office by notice, in writing, under his hand addressed to the Chief Councillor, and, thereupon, his office shall become vacant from the date of the notice, or
• (c) his election is void, or is declared to be void, under the provisions of any law relating to municipal elections in the State, or
• (d) the entire area of the ward from which he has been elected is withdrawn from the operation of this Act under clause (a) of Section 8:,

S.17 Recall of Councillor

(1) Every Councillor shall be deemed to have vacated his office forthwith if he is recalled by means of secret ballot by a majority of the total number of voters of the concerned ward of the municipal area casting the vote in accordance with such procedure as may be prescribed:

Provided that no process of recall shall be initiated unless a proposal in this behalf is signed by not less than two third of the whole number of Councillors and presented to the District Magistrate;

Provided further that no such process of recall shall be initiated-

• (i) within a period of two years from the date on which a Councillor is elected and enters upon his office, or
• (ii) if half of the term of office of a Councillor elected in a bye-election has not expired:

Provided also that the process of recall of a Councillor shall be initiated only once during the term of his office.

(2) When a proposal for recall of a Councillor is presented to the Co

S.18 Disqualifications

(1) Notwithstanding anything contained in this Act, a person shall be disqualified for election or after election for holding the post as member of the Municipality if such person

• (a) is not a citizen of India;
• (b) is so disqualified by or under any law, for the time being in force, for the purpose of elections to the Legislature of the State:

  Provided that no person shall be disqualified on the ground that he is less than twenty one years of age, if he has attained the age of twenty one years;

• (c) is in the service of the Central or State Government or any Local Authority;
• (d) is in the service of any such institution receiving aids from the Central or State Government or any local authority;
• (e) has been adjudged by a competent court to be of unsound mind;
• (f) has been dismissed from the service of the Central or State Government or any local authority for misconduct and has been declared to be disquali
  

S.19 Remuneration and allowances for Councillors

The Chief Councillor, the other members of the Empowered Standing Committee, and the other Councillors may receive such remuneration and allowances as may be prescribed:

Provided that different rates may be prescribed for different classes of Municipalities.

S.20 Municipal authorities

(1) The municipal authorities for the purposes of giving effect to the provisions of this Act shall be,

• (a) in the case of larger urban area,
  • (i) the Municipal Corporation,
  • (ii) the Empowered Standing Committee,
  • (iii) the Mayor, and
  • (iv) the Municipal Commissioner;
• (b) in the case of a Class 'A' or Class 'B' or Class 'C medium urban area,-
  • (i) the Municipal Council,
  • (ii) the Empowered Standing Committee,
  • (iii) the Municipal Chairperson, and
  • (iv) the Municipal Executive Officer;
• (c) in the case of a transitional or smaller urban area,-
  • (i) the Nagar Panchayat,
  • (ii) the Empowered Standing Committee,
  • (iii) the Municipal President, and
  • (iv) the Municipal Executive Officer.

(2) The presiding officer of the Municipality shall be, in the case of-

• (a) the
  

S.21 Constitution of Empowered Standing Committee of Municipality

(1) In every Municipality there shall be an Empowered Standing Committee.

(2) The Empowered Standing Committee shall consist of-

• (a) in the case of a Municipal Corporation, the Mayor, the Deputy Mayor, and seven other Councillors;
• (b) in the case of a Class 'A' or Class 'B' Municipal Council, the Municipal Chairperson, the Municipal Vice Chairperson, and five other Councillors;
• (c) in the case of a Class 'C Municipal Council, the Municipal Chairperson, the Municipal Vice-Chairperson, and three other Councillors; and
• (d) in the case of a Nagar Panchayat, the Municipal President, the Municipal Vice-President, and three other Councillors.

(3) The other members of the Empowered Standing Committee shall be nominated by the Chief Councillor from among the Councillors elected under sub section (1) of Section 12 within a period of seven days of his entering office.

(4) The other members of the Empowered Standing Committee

S.22 Executive power of Municipality to be exercised by Empowered Standing Committee

Subject to the provisions of this Act and the Rules and the Regulations made thereunder, the executive power of a Municipality shall be exercised by the Empowered Standing Committee.

S.23 Election of Chief Councillor and Deputy Chief Councillor

(1) The Councillors shall, in the first meeting under Section 35, elect in accordance with such procedure as may be prescribed from amongst the Councillors to be the Chief Councillor and Deputy Chief Councillor who shall assume office forthwith after taking the oath of secrecy under Section 24.

(2) If the Councillors fail to elect a Chief Councillor under sub-section (1), the State Government shall appoint by name one of the Councillors to be the Chief Councillor.

(3) In the case of any casual vacancy in the office of the Chief Councillor caused by death, resignation, removal or otherwise, the Councillors shall, in accordance with such procedure as may be prescribed, elect one of the Councillors to fill up the vacancy.

S.24 Oath of secrecy to be taken by Chief Councillor and members of Empowered Standing Committee of God/solemnly

(1) The Chief Councillor and the members of the Empowered Committee of Municipality shall assume office after taking the oath of secrecy in the following form:

"I............ , do swear in the name of God/solemnly affirm that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as the Presiding Officer or as a member of the Empowered Standing Committee except as may be required for the due discharge of my duties."

(2) The oath of secrecy shall be administered by,-

• (a) in the case of a Municipal Corporation, the Secretary to the State Government in-charge of municipal affairs or his nominee not below the rank of a Deputy Secretary to the State Government, and
• (b) in the case of a Municipal Council or Nagar Panchayat, the District Magistrate or the Magistrate-in-charge of the sub-division in which the municipal area is situated or an off
  

S.25 Removal of Chief Councillor/Deputy Chief Councillor

(1) The Chief Councillor/Deputy Chief Councillor shall ceased to hold office as such if he ceases to be a Councillor.

(2) The Chief Councillor may resign his office by writing under his hand addressed to the Divisional Commissioner and Deputy Chief Councillor may resign his office by writing under his hand addressed to the Chief Councillor.

(3) Every resignation under sub-section(2) shall take effect on the expiry of seven days from the date of such resignation, unless within the said period of seven days he withdraws such resignation by writing under his hand addressed to the Divisional Commissioner or the Chief Councillor, as the case may be.

(4) The Chief Councillor/Deputy Chief Councillor may be removed from office by a resolution carried by a majority of the whole number of Councillors holding office for the time being at a special meeting to be called for this purpose in the manner prescribed, upon a requisition made in writing by not less than one-third

S.26 Deputy Chief Councillor

(1) The Deputy Chief Councillor shall, in the absence of the Chief Councillor, preside over the meetings of the Municipality.

(2) When-

• (a) the office of the Chief Councillor falls vacant by reason of death, resignation, removal or otherwise, or
• (b) the Chief Councillor is, by reason of leave, illness or other cause, temporarily unable to exercise the powers, perform the functions, or discharge the duties, of his office, the Deputy Chief Councillor shall exercise the powers, perform the functions, and discharge the duties, of the Chief Councillor until a Chief Councillor is elected under subsection (3) of Section 23 and enters office or until the Chief Councillor resumes his duties.

(3) The Deputy Chief Councillor shall, at any time, exercise such other powers, perform such other functions, and discharge such other duties, as may be delegated to him under the provisions of this Act.

S.27 The term of office of the Chief Councillor and the members of Empowered Standing Committee

The term of office of the Chief Councillor and the members of Empowered Standing Committee shall be coterminous with the duration of members of the Municipality.

S.28 Delegation of Powers and Functions

(1) The Municipality may, by resolution, delegate, subject to such conditions as may be specified in the resolution, any of its powers or functions to the Empowred Standing Committee.

(2) The Empowered Standing Committee may, by order in writing, delegate, subject to such conditions as may be specified in the order, any of its powers or functions to the Chief Councillor or to the Chief Municipal Officer.

(3) Subject to such standing orders as may be made by the Empowered Standing Committee in this behalf

• (a) the Chief Councillor may, by order, delegate, subject to such conditions as may be specified in the order any of his powers or functions to the Deputy Chief Councillor or the Chief Municipal Officer;
• (b) the Chief Municipal Officer may, by order, delegate, subject to such conditions as may be specified in the order, any of his powers or functions, excluding the powers or functions under sub-section (2) of Section 354 or Section 365, to any of
  

S.29 Reservation of office of Chief Councillor

(1) The office of the Chief Councillor in municipalities shall be reserved in the following manner:

• (a) For the post of Chairman of every Municipality, as nearly as but not exceeding fifty percent of the total seats of Chairman in the State shall be reserved for
  • (i) Scheduled Castes;
  • (ii) Scheduled Tribes; and
  • (iii) Backward Classes.
  Within the State, seats shall be reserved for Scheduled Castes and Scheduled Tribes for the posts of Chairman and the number of seats so reserved shall bear as nearly as possible the same proportion of the total number of seats of Chairman within the State as the population of the Scheduled Castes/Scheduled Tribes bears to the total population of the State and such seats shall be allotted by rotation to different Municipalities by the State Election Commission in the manner prescribed 1[after two Consecutive General Elections] by it.

  After reservation o
  

  S.30 Wards Committee

  (1) Every Municipal Corporation having a population of three lacs or more may, at its first meeting after the election of Councillors thereto or as soon as may be thereafter, group the wards of the Corporation in such manner that each group consists of not less than three wards, and constitute a wards committee for each such group.

  (2) Each Wards Committee shall consist of the Councillors elected from the wards constituting the group.

  (3) A Councillor of the Wards Committee representing a constituent Ward shall hold office till he ceases to be the Councillor representing such Ward.

  (4) The Councillors of each Wards Committee shall elect from amongst: themselves one Councillor, who shall not be a member of the Empowered Standing Committee, to be its Chairperson.

  (5) The Chairperson of a Wards Committee may, at any time, resign his office by giving notice in writing to the Mayor and the resignation shall take effect from the date of acceptance by the Mayor
  

  S.31 Ward Committee

  (1) Each ward of a Municipality shall have a Ward Committee.

  (2) The Councillor elected from a ward shall be the Chairperson of the Ward Committee for that Ward.

  (3) The Ward Committee may include not more than ten persons representing the civil society from the ward, nominated by the Municipality:

  Provided that if the population of the Ward is not more than ten thousand, the number of other members shall be four, and, thereafter, there shall be one additional member of every four thousand population or part thereof:

  Provided further that in reckoning the number of additional members of the Ward Committee exceeding four, any part of less than two thousand population may be ignored.

  Explanation. For the purposes of this Section, "civil society" shall mean any non-government organization or association or person, established, constituted or registered under any law for the time being in force and working for social welfare, and shall include any com
  

  S.32 Subject Committee

  (1) A Municipal Corporation or a Class 'A' Municipal Council may, from time to time, constitute Subject Committees consisting of Councillors to deal with the following matters, namely:-

  • (a) water-supply drainage and sewerage, and solid waste management;
  • (b) urban environment management and land use control; and
  • (c) slum services.

  (2) The Mayor, the Deputy Mayor, and the members of the Empowered Standing Committee of a Municipal Corporation, or the Municipal Chairperson, the Municipal Vice-Chairperson, and the members of the Empowered Standing Committee of a Class 'A' Municipal Council, as the case may be, shall not be members of any Subject Committee.

  (3) Each Subject Committee shall consist of

  • (a) seven members in the case of a Subject Committee of a Municipal Corporation, and
  • (b) five members in the case of a Subject Committee of a Class 'A' Municipal Council.

  (4) The manner of the constitutio
  

  S.33 Ad hoc Committee

  (1)The Empowered Standing Committee may, from time to time, appoint an Ad hoc Committee to perform such functions, or conduct such enquiries, or undertakes such studies including reports thereon, as may be specified by a resolution in this behalf.

  (2) Any person, who is not a Councillor but possesses special qualifications useful for the purpose of an Ad hoc Committee, may be associated therewith as its member.

  (3) The manner of transaction of business in an Ad hoc Committee shall be such as may be laid down by the Empowered Standing Committee.

  
  

  S.34 Joint Committee

  (1) The State Government may, if it considers it necessary so to do, constitute a Joint Committee for more than one Municipality, or for one or more Municipalities with other local authority or local authorities, for any purpose in which they are jointly interested or for delegating to it any power or function which calls for joint action.

  (2) The Joint Committee shall consist of the following members

  • (i) two elected members of each constituent Municipality or local authority,
  • (ii) one nominee of each of the concerned departments of the State Government or of the concerned Statutory Authorities under the State Government,
  • (iii) such expert or experts as the State Government nominate, and
  • (iv) the Director of Local Bodies or his representative shall act as the convener of the Joint Committee.

  (3) The procedure of transaction of business by a Joint Committee shall be such as may be prescribed.

  
  

  S.35 First meeting of Municipality

  (1) The first meeting of a Municipality after the general election of Councillors to the Municipality shall be convened within thirty days from the date of publication of the names of elected Councillors in the Official Gazette under the provisions of any relating to municipal elections in the State.

  (2) Seven days' notice shall be given for the meeting.

  (3) In the case of a Municipal Corporation, the meeting shall be convened by the Secretary to the State Government in charge of municipal affairs or any other officer not below the rank of a Deputy Secretary to the State Government, duly authorized by him.

  (4) In the case of a Municipal Council or a Nagar Panchayat, meeting shall be convened by the District Magistrate or any other Executive Magistrate authorized by the District Magistrate in this behalf.

  
  

  S.36 Officers of Municipality

  (1) Subject to the provisions of Section 41 and need for ensuring maximum possible economy in municipal administration, the Municipality shall have the following posts of Officers namely-

  • (a) in the case of Municipal Corporation,-
    • (i) the Municipal Commissioner, an Officer of Indian Administrative Service or Bihar Administrative Service,
    • (ii) the Controller of Municipal Finances and Accounts, a senior Audit Officer/Accounts Officer from Accountant General Office or senior member of Bihar Finance Service,
    • (iii) the Municipal Internal Auditor,
    • (iv) the Chief Municipal Engineer,
    • (v) the Municipal Architect and Town Planner,
    • (vi) the Chief Municipal Health Officer,
    • (vii) the Municipal Law Officer,
    • (viii) the Municipal Secretary,
    • (ix) three Additional Municipal Commissioners, preferably in the rank of A.D.M. but not below the rank of S.D.M. of Bihar Administrative n Service, and

  S.37 Establishment of Municipality and schedule of posts

  (1) The posts of officers and other employees of the Municipality, other than those referred to in sub-section (1) of Section 36, shall constitute the municipal establishment.

  (2) The Municipality shall, by Regulation, classify the posts of officers and other employees constituting the establishment of the Municipality into four categories, namely, category 'A' post, category 'B' post, category 'C post, and category 'D' post, on the basis of the scales of pay of such posts.

  (3) The Municipality shall prepare, and maintain, a schedule of posts of officers and other employees constituting the establishment of the Municipality, to be called Establishment Schedule, and such Establishment Schedule shall include the designation, and the number of posts under each designation, and shall be in three parts of which Part I shall include category, A' posts, Part II shall include category 'B' posts, and Part III shall include category 'C posts and category 'D' posts.

  (4) E
  

  S.38 Appointing Authorities

  Subject to the other provisions of this Act, the appointing authority in respect of the posts of officers and other employees constituting the establishment of the Municipality shall be,-

  • (a) in the case of category, A' posts, the Chief Municipal Officer,
  • (b) in the case of category 'B' posts,-
    • (i) an Additional Municipal Commissioner or a Joint Municipal Commissioner, in the case of a Municipal Corporation, or
    • (ii) the Municipal Executive Officer, in the case of a Municipal Council or a Nagar Panchayat, and
  • (c) in the case of category 'C posts and category 'D' posts, such officer or officers of the Municipality as the Chief Municipal Officer may, with the prior approval of the Empowered Standing Committee, designate in this behalf.
  
  

  S.39 Salaries and allowances of officers and other employees

  (1) All officers and other employees of a Municipality including the officers referred to in Section 36 shall receive salareis and allowances out of the Municipal Fund:

  (2) The Municipality may also provide for pension, gratuity, provident fund, incentive, bonus, reward or penalty for its officers and other employees in accordance with such Rules, norms, scales and conditions as may be prescribed.

  
  

  S.40 Leave and other conditions of service

  All officers and other employees of the Municipality shall be subject to such conditions of service including leave and other benefits or obligations, not specifically provided for in this Act, as may be prescribed.

  
  

  S.41 Appointment of officers of the State Government for Municipalities

  Notwithstanding anything contained elsewhere in this Act, the State Government may appoint an officer of that Government possessing such qualifications as may be determined by it for a Municipal Corporation or class of Municipal Councils or Nagar Panchayat as Municipal Executive Officer, Municipal Finance Officer, Municipal Engineer or Municipal Health Officer referred to in sub-section (1) of Section 36 or with such designation as the State Government may consider necessary, and in such manner