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State of West Bengal - Section

Section 14 in The Calcutta Municipal Corporation Act, 1980

14. Officers of the Corporation. -

(1)Save as otherwise provided in the Act, the Corporation shall have the following officers, namely :-
(a)the Municipal Commissioner,
(b)such number of Joint Municipal Commissioners as the Mayor-in-Council may, from time to time, determine,
(c)the Controller of Municipal Finances and Accounts,
(d)the Chief Municipal Auditor,
(e)the Municipal Engineer-in-Chief,
(f)such number of Deputy Municipal Commissioners and Chief Municipal Engineers as the Mayor-in-Council may, from time to time, determine,
(g)the Chief Municipal Architect and Town Planner,
(h)the Chief Municipal Health Officer,
(i)the Chief Municipal Law Officer, and
(j)the Municipal Secretary.
(2)The Municipal Commissioner, a Joint Municipal Commissioner, the Controller of Municipal Finances and Accounts and the Chief Municipal Auditor referred to in sub-section (1) shall be appointed -
(a)by the State Government in consultation with the Mayor-in-Council, by notification, from amongst persons who are or have been in the service of Government, or
(b)if so directed by the State Government, by the Mayor-in-Council in consultation with the State Public Service Commission, or
(c)by the Mayor-in-Council, with the prior approval of the State Government, from amongst officers who are or have been in the service of the Corporation :
Provided that the appointment of officers under clause (a) 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 Mayor-in-Council, extend the period of appointment from time to time, so, however, that the total period of extension shall not exceed five years.
(3)The other officers referred to in clauses (e) to (J) of sub-section (1) shall be appointed -
(a)by the Mayor-in-Council in consultation with the State Public Service Commission, or
(b)by the State Government in consultation with the Mayor-in-Council, by notification, from amongst persons who are or have been in the service of Government, if the Mayor-in-Council so decides :
[Provided that no Government employee above 60 years of age shall be appointed.] [Proviso inserted by W.B. Act 6 of 1996.]
(4)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 Mayor-in-Council shall be such as may be prescribed.
(5)Notwithstanding anything contained in the foregoing provisions of this section, the State Government may, at any time in the case of any person appointed under clause (a) of sub-section (2) as the Municipal Commissioner or as a Joint Municipal Commissioner or as the Controller of Municipal Finances and Accounts or as the Chief Municipal Auditor or appointed under clause (b) of sub-section (3), terminate his appointment as such :Provided that if, in the case of any such officer, the Mayor-in-Council so decides, the State Government shall terminate the appointment of such officer.
(6)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.