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State of Jharkhand - Section

Section 55 in Jharkhand Municipal Act, 2011

55. Officers of Municipality.

(1)Subject to the provisions of section 60, and as prescribed by the Government, the municipality shall have the following posts of officers, namely -
(a)in the case of Municipal Corporation, -
(i)Municipal Commissioner, an officer of Indian Administrative Service or Jharkhand Administrative Service,
(ii)Chief Finance Officer / Chief Accounts Officer from the office of Accountant General or senior officer of Finance or Accounts department of Government
(iii)Municipal Internal Auditor,
(iv)Chief Municipal Engineer,
(v)Chief Town Planner and Municipal Architect,
(vi)Chief Municipal Health Officer,
(vii)Chief Environmental Engineer (for solid waste management),
(viii)Chief Information and Technology Officer,
(ix)Municipal Law Officer,
(x)Municipal Secretary,
(xi)such number of Additional Municipal Commissioners,
(xii)such number of Deputy/Assistant Municipal Commissioners; and
(xiii)such other officers as prescribed by the Government;
(b)in the case of a Municipal Council or Nagar Panchayat, -
(i)Executive Officer,
(ii)Municipal Finance Officer/Municipal Accounts Officer,
(iii)Municipal Engineer,
(iv)Municipal Health Officer,
(v)Environmental Engineer (for solid waste management),
(vi)Information and Technology Officer,
(vii)Municipal Secretary, and
(viii)such other officers as prescribed by the Government:
Provided that the State Government may increase or reduce the number of posts of the officers as aforesaid.
(2)The appointment of officers mentioned in sub-section (1) may be made either on a regular basis or on contract basis for such term as the state Government may prescribe.
(3)At the request of the Standing Committees of more than one municipality, the State Government may, by order, provide for sharing of services of officers referred to in sub-section (1) by such municipalities, and on such terms and conditions, as may be specified in the order.
(4)Subject to the provisions of sub-section (2), the appointment of officers referred to in sub-section (1) shall be made;
(a)by the State Government by notification from amongst the persons who are or have been in the service of the Government:
Provided that the appointment to the posts as aforesaid shall be on such terms and conditions, and for such period not exceeding five years in the first instance, as the State Government may determine:Provided further that the State Government may, in consultation with the Standing Committee, extend the period of appointment from time to time, or
(b)No person above the age of sixty years shall be appointed to any post in a municipality:
Provided that this provision shall not be applicable to appointments on contract basis.
(5)Until cadres of common municipal services for the State are constituted under sub-section (1) of section 62, the Standing Committee may determine which of the posts of officers referred to in sub-section (1) are necessary for Municipal Corporation or Municipal Council or Nagar Panchayat, and recommend to the State Government for creation and appointment of such posts.
(6)The method of, and the qualifications required for recruitment, and the terms and conditions of service including conduct and control, of officers appointed by the Government shall be such as may be prescribed.
(7)The officers referred in sub-section (1), shall be provided with periodic training.
(8)Notwithstanding anything contained in the foregoing provisions of this section, the State Government may, at any time, in the case of any person appointed to any post referred to in sub-section (1), terminate his appointment:Provided that if, in the case of any such officer, the Board so decides, the ULB shall recommend to State Government to terminate the appointment of such officer.
(9)The Municipal Commissioner or Executive Officer shall be responsible to implement the resolutions of the council and the committees, and exercise such powers and perform such functions as provided in the Act or the rules made thereunder.
(10)Notwithstanding anything contained in sub-section (2) or sub-section (3), prior approval of the State Government shall be necessary in the case of appointment of a person not recommended by the State Public Service Commission or Staff Selection Committee as the case may be Municipal Establishment and Schedule of Posts