Section 166 in The West Bengal Panchayat Act, 1973
166. Staff of the Zilla Parishad.
- [(1) (a) There shall be an Executive Officer for every Zilla Parishad appointed by the State Government on such terms and conditions as may be prescribed.(b)If a Zilla Parishad is of the opinion that its Executive Officer is consistently failing in discharging his duties and responsibilities in accordance with law, it may pass a resolution in a meeting specially convened for the purpose, supported by the majority of the existing members referred to in sub-section (2) of section 140, and shall bring the matter to the notice of the Divisional Commissioner with a request to take appropriate remedial measures within one month from the date of communication of such resolution.(c)If the Zilla Parishad feels that no action has been taken by the Divisional Commissioner to remedy the situation or the action so far taken has not improved the situation within the next two months, the Zilla Parishad may, at a meeting specially convened for the purpose, adopt a resolution supported by the majority of the existing members referred to in clause (b) to recall the Executive Officer adducing the reasons for such decision of the Zilla Parishad and such resolution shall be sent to the State Government with a copy to the Divisional Commissioner.(d)On receipt of the resolution under clause (c), the State Government shall enquire into the circumstances and satisfy itself about the justification of such resolution before recalling such officer:Provided that if after enquiry the State Government is not satisfied about the propriety of recalling such officer, it may initiate procedure under section 209 to rescind the resolution.] [Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.](1A)[ The State Government may appoint an Additional Executive Officer for a Zilla Parishad on such terms and conditions as may be prescribed:Provided that any person so appointed shall be recalled by the State Government if a resolution to that effect is passed by the Zilla Parishad, at a meeting specially convened for the purpose, by a majority of the total number of members holding office for the time being.] [Sub-Sections (1A) and (1B) inserted by W.B. Act 34 of 1980.](1B)[ The Additional Executive Officer shall, subject to the provisions of this Act, exercise such powers, perform such functions, and discharge such duties, of the Executive Officer as the State Government may, from time to time, direct.] [Sub-Sections (1A) and (1B) inserted by W.B. Act 34 of 1980.](2)[ The State Government may appoint a Secretary for a Zilla Parishad on such terms and conditions as may be prescribed.] [[Sub-Section (2) substituted by W.B. Act 37 of 1984, which was earlier as under:-'(2) There shall be a Secretary of the Zilla Parishad to be appointed by the Zilla Parishad :Provided that the State Government shall appoint the Secretary of a Zilla Parishad for the period of the first five years from the date of the constitution of the Zilla Parishad under sub-section (1) of section 140.'.]][Subject to such rules as may be made by the State Government, a Zilla Parishad may appoint such other officers and employees as may be required by it and may fix the salaries to be paid to the persons so appointed:] [(3) Words substituted for the words 'A Zilla Parishad' by W.B. Act 37 of 1984.]Provided that no post shall be created or abolished and no revision of the scale of pay of any post shall be made by the Zilla Parishad without the prior approval of the State Government:[Provided further that subject to the decision of the Zilla Parishad, the orders relating to appointment and other service matters concerning any post under the Zilla Parishad shall be issued by or on behalf of the Executive Officer] [Proviso inserted by W.B. Act 15 of 1997.].(4)[ The State Government shall make rules relating to the method of recruitment and the terms and conditions of service including the pay and allowances, superannuation, provident fund and gratuity of the employees of the Zilla Parishad] [Sub-Section (4) inserted by W.B. Act 37 of 1984.].
