Section 129 in The Orissa Municipal Corporation Act, 2003
129. Conditions of services of Corporation establishment.
(1)Save as otherwise provided in this-'Act, the classification, methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the officers and employees of the establishment of the Corporation shall be regulated, -(i)in case of Group 'A' and Group 'B' officers, by rules made by the Government from time to time, in this behalf, and(ii)in the case of employees included in group 'C' and Group 'D', by bye-laws made by the Corporation :Provided that the Group 'A' and Group 'B' officers may be removed by Government :Provided further that -(a)the amount of any salary, leave and leave allowances, house rent allowances, carriage hire, travelling allowances or any other allowances, gratuity or pension granted under the said bye-laws shall in no case, without the special sanction of the Government, exceed what would be admissible in the case of Government servants of similar standing and status; and(b)the condition under which such salary and allowances are granted or any leave or pension on superannuation or retirement is sanctioned, shall not, without similar sanction, be more favourable than those for the time being admissible to such Government servants.(2)The Government may -(a)recover from the Corporation the whole or such portion of the salary and allowances paid to any Group 'A' officer and such contribution towards his leave allowances and pension as the Government may, by general or special order, determine; and(b)at any time, withdraw any Group 'A' officer and appoint another officer in his place.(3)No officer or employee of the Corporation shall be dismissed or removed by and authority sub-ordinate to that by which he was appointed.(4)No officer or employee as aforesaid shall be dismissed or removed or reduced in rank until he has been given reasonable opportunity of showing cause against the action proposed to be taken against him :Provided that this Sub-section shall not apply -(a)where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or(b)where an authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to give to that person an opportunity of showing cause; or that in the interests of the security of the state, it is not expedient to give to that person such an opportunity.(5)If any question arises whether it is reasonably practicable to give to any person an opportunity of showing cause or whether, in the interests of the security of the state it is not expedient to give to any person such an opportunity under Sub-section (4), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank, as the case may be, shall be final.(6)Every officer of the Corporation shall be whole time officer of the Corporation, and no such officer shall undertake any work unconnected with his office without the permission of the Commissioner :Provided that the order of the Commissioner granting such permission shall be placed before the next meeting of the Corporation.
