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 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 'B1 posts, and Part III shall include category 'C' posts and category 'D' posts.(4)Every year the Chief Municipal Officer shall place before the Empowered Standing Committee for its consideration the Establishment Schedule along with the proposals for such changes therein as he may consider necessary:Provided that no upward revision of the size of the establishment of the Municipality shall be made without the prior sanction of the State Government.(5)The Empowered Standing Committee shall, after consideration of the Establishment Schedule along with the proposals, if any, for changes therein, place the same along with its recommendations, if any, before the Municipality for approval prior to the presentation of the budget estimates to the municipality by the Chief Councillor,(6)The Chief Municipal Officer shall revise the Establishment Schedule as approved by the Municipality.(7)The Empowered Standing Committee may sanction any category 'C' post or category 'D' posts for a period not exceeding six months:Provided that no such post shall be sanctioned unless there is a provision in this behalf in the budget estimates of the Municipality.(8)Subject to such norms regulating the size of a municipal establishment as may be fixed by the State Government from time to time, no post of an officer or other employee of the municipality shall be created by the Municipality without the prior sanction of the State Government, if the number of posts to be so created in a year for a Municipality is more than one per cent of the total number of sanctioned posts of officers and other employees in existence in the year immediately preceding:Provided that the number of posts as may be admissible for creation in a year without the prior sanction of the State Government after the commencement of this Act, if not created in that year, may be carried forward to the next year, subject to a maximum of ten.(9)The recruitment to the posts of officers and other employees of the Municipality not required to be made through the Public Service Commission shall be made through the local Employment Exchange or through such other method as the State Government may determine from time to time.(10)Notwithstanding anything contained in the foregoing provisions of this Section or elsewhere in this Act, the Empowered Standing Committee may decide to engage on contract basis, officers and other employees of the Municipality against such posts of officers and other employees referred to in sub-section (1) of Section 37.
