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State of West Bengal - Section

Section 52 in West Bengal Municipal Act, 1993

52. Remuneration and allowances.

- The Councilors of the municipal area including the members of the Chairman-in-Council may receive such remuneration or allowance as may by prescribed :Provided that different rates may be prescribed for different groups of municipalities and for different classes of functionaries in each municipality.[53. Municipal establishments. - (1) Save as otherwise provided in this Act, a Municipality may have the following officers(a)an Executive Officer;(b)a Health Officer;(c)an Engineer;(d)a Finance Officer;(e)a Medical Officer;(f)a Secretary;(g)an Office Superintendent;(h)one or more than one Sub-Assistant Engineer;(i)one or more than one Sanitary Inspector;(j)a Head Clerk;(k)a Head Assistant;(l)an Accountant:(m)a Surveyor;(n)a Drafts man:(o)such other officers as may be designated by the State Government in this behalf :Provided that the State Government may reduce the number of the posts of the officers as aforesaid for any Municipality :Provided further that the State Government may by order re designate any of the posts of the officers as aforesaid in respect of any Municipality] [Substituted by the West Bengal Act XLV of 1994, w.e.f. 10.10.1994]
(2)[Subject to the provisions of sub-section (1)] [Words 'Until the cadre of common municipal service for the State is constituted under sub-section (1) of section 54, aria subject to the provisions of sub-section (1)' omitted by section 14 of the West Bengal Act 16 of 2002, w.e.f. 2.9.2002.] of this section, the Board of Councilors may, at a meeting, determine which of the officers referred to in sub-section (1) of this section are necessary for a Municipality, and, with the prior sanction of the State Government, create posts of such officers and fix the salaries and allowances to be paid and granted to such officers.
(3)The Board of Councilors at a meeting may, subject to the norms regulating the size of the municipal establishment for each Municipality and the categories, or designations of officers and other employees of each Municipality with their scales of pay as may be fixed by the State Government from time to time, determine what officers and other employees, other than the officers mentioned in sub-section (1), are necessary for a Municipality, create posts of such officers and other employees, and fix the salaries and allowances to be paid and granted to such officers and other employees.
(4)Subject to the norms regulating the size of a municipal establishment as may be fixed by the State Government under sub-section (3), no post of an officer or other employee shall be created under sub-section (3) by the Board of Councilors of a Municipality without the prior sanction of the State Government. [* * *] [Words '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' omitted by section 14 of the West Bengal Act 16 of 2002, w.e.f. 2.9.2002.][***] [Proviso 'Provided that the number of posts so 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 minimum of one and a maximum of ten' omitted by section 14 of the West Bengal Act 16 of 2002, w.e.f. 2.9.2002.]
(5)Notwithstanding anything contained in sub-section (1), sub-section (2), sub-section (3) or sub-section (4), the Board of Councilors of a Municipality may, with the prior sanction of the State Government, create, if it considers necessary so to do for due discharge of municipal functions, a post of an officer or other employee which is not included in the norm as may be fixed by the State Government under sub-section (3), and fix the salaries and allowances to be paid and granted to such officer or other employee.
(6)Until norms are fixed under sub-section (3), no post of any officer or other employee shall be created by the Board of Councilors of any Municipality without the prior sanction of the State Government.
53. Municipal establishment.- (1) Save as otherwise provided in this Act, a Municipality may have the following officers :(a) a Municipal Secretary,(b) an Executive Officer;(c) an Engineer and an Architect;(d) a Health Officer;(e) a Finance Officer(f) an Assessor;(g) an Office Superintendent, a Head Clerk and a Head Assistant;(h) an Accountant;(i) a Surveyor;(j) a Sanitary Inspector,(k) a Sub-Assistant Engineer,(l) such other officer as may be designated by the State Government in this behalf :Provided that the State Government may reduce the number of the posts as aforesaid for any group or groups of Municipalities :Provided further that the State Government may by order designate any of the posts as aforesaid in respect of any Municipality or groups of Municipalities.(2) A Municipality shall also have such supporting staff comprising officers and employees as the Board of Councilors may consider necessary :Provided that the State Government may by rules provide for the norms regulating the size of the municipal establishments for each group of Municipalities and the categories or designations of officers and employees of each group of Municipalities.