(1)Subject to the provisions of Section 41 and need for ensuring maximum possible economy in municipal administration, the Municipality shall have the following posts of Officers namely-(a)in the case of Municipal Corporation,-(i)the Municipal Commissioner, an Officer of Indian Administrative Service or Bihar Administrative Service,(ii)the Controller of Municipal Finances and Accounts, a senior Audit Officer/Accounts Officer from Accountant General Office or senior member of Bihar Finance Service,(iii)the Municipal Internal Auditor,(iv)the Chief Municipal Engineer,(v)the Municipal Architect and Town Planner,(vi)the Chief Municipal Health Officer,(vii)the Municipal Law Officer,(viii)the Municipal Secretary,(ix)three Additional Municipal Commissioners, preferably in the rank of A.D.M. but not below the rank of S.D.M. of Bihar Administrative Service, and(x)Such number of Joint Municipal Commissioners or Deputy Municipal Commissioners or Deputy Chief Municipal Engineers as the Empowered Standing Committee may, from time to time, determine, and(b)in the case of a Municipal Council or Nagar Panchayat,-(i)the Municipal Executive Officer,(ii)the Municipal Finance Officer,(iii)the Municipal Engineer,(iv)the Municipal Health Officer,(v)the Municipal Secretary, and(vi)such other officers as may be designated by the State Government in this behalf:Provided that the State Government may reduce the number of posts of the officers as aforesaid:Provided further that the State Government may re-designate any of the posts of the officers as aforesaid.(2)Appointments of officers mentioned in sub-section (1) may be made either on a regular basis or on a contract basis for such term as the Empowered Standing Committee may consider necessary.(3)At the requests of the Empowered 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), appointments of officers referred to in sub-section (1) for different posts as may be specified by Regulations shall be made-(a)by the State Government in consultation with the Empowered Standing Committee by notification from amongst the persons who are or have been in the service of that Government, or(b)by the Empowered Standing Committee with the prior approval of the State Government from amongst the officers who are or have been in the municipal service of any Municipality, or(c)by the Empowered Standing Committee with the prior approval of the State Government and in consultation with the State Public Service Commission:Provided that the appointments 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 Empowered Standing Committee, extend the period of appointment to the posts as aforesaid from time to time.[The method of, and the qualifications required for, recruitment, and the terms and conditions of service including conduct, discipline and control of officers and other employees referred to in sub-section (1) of section 36 shall be such as may be prescribed under Rules] [Added by Bihar Act No. 2 of 2014, dated 8.1.2014.](5)Until cadres of common municipal services for the State are constituted under sub-section (1) of Section 43, the Empowered Standing Committee may determine which of the posts of officers referred to in clause (b) of sub-section (1) of this Section are necessary for Municipal Council or a Nagar Panchayat, and, with the prior approval of the State Government, create posts of, and appoint, such officers and fix the salaries and allowances to be paid to such officers.(6)The method of, and the qualifications required for, recruitment, and the terms and conditions of service including conduct, discipline and control, of officers appointed by the Empowered Standing Committee shall be such as may be prescribed.(7)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 empowered Standing Committee so decides, the State Government shall terminate the appointment of such officer.(8)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.(9)No person above the age of sixty years shall be appointed to any post in a Municipality.B. Municipal Establishment and Schedule of Posts
