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State of West Bengal - Section

Section 59 in West Bengal Municipal Act, 1993

59. Power to declare essential service in municipalities.

- Notwithstanding anything to the contrary contained in any other law for the time being in force, the Board of Councilors may, with the sanction of the State Government, declare any cadre or class of municipal employees to be in essential service and upon such declaration, no employee of such cadre or class shall withdraw from his duties without the permission of the Chairman and, in no case, without giving prior notice of clear thirty days to the Chairman of his intention so to do.[60. Appointment of officers of State Government for Municipalities. - Notwithstanding anything contained elsewhere in this Act, the State Government may appoint an officer of that Government possessing such qualifications as may be determined by it for a Municipality or group of Municipalities as Executive Officer, Health Officer, Engineer or Finance Officer referred to in sub-section (1) of section 53 or With such designation as the State Government may consider necessary, in such manner, and on such terms and conditions of service, as may be determined by the State Government in this behalf. The expenditure on account of salaries and allowances of any such officer shall be borne by the State Government :Provided that the officer so appointed shall be under the administrative control of the Board of Councilors of the Municipality and may be withdrawn by the State Government suo motu or if a resolution to that effect is passed by the Councilors at a meeting called for this purpose by a majority of the total number of members holding office for the time being and, in the case of a group of Municipalities, if such resolution is so passed by the Councilors of the majority of such group of Municipalities.] [Substituted by the West Bengal Act XLV of 1994, w e.f 10.10.1994]
60. Enlargement of municipal establishment and recruitment.- (1) Subject to the size of a municipal establishment as determined under section 53, no person shall be appointed by any Municipality without the prior sanction of the State Government, if it means the enlargement of establishment by more than one per cent per year of the total number of sanctioned strength of the officers and employees existing in the year immediately preceding :Provided that the admissible enlargement of sanctioned strength in any year, if not filled up in that year, may be carried forward to the next year, subject to a minimum of one for that ear and a maximum of ten :Provided further that the State Government may prescribe the category or scale of pay of posts towhich no appointment shall be made without the prior sanction of the State Government even though the creation of such posts are within the admissible limit of one per cent as aforesaid.(2) Recruitment to the posts of officers and employees not made through the Municipal Service Commission constituted under this Act, shall be made through the local employment exchange or through any other method as may be decided by the State Government from time to time.
[60A. Powers and functions of Executive Officer and Finance Officer. - (1) The Executive Officer shall be the principal Executive Officer of the Municipality and all officers and other employees of the Municipality shall be subordinate to him. [He shall be present at a meeting of the Councilors or of any committee] [Inserted by the W.13. Act XLV of 1994, w.e.f. 10.10.1994.] to make a statement or to explain facts, but he shall not vote for or against, or make, any proposition at such meeting.
(2)Subject to the supervision and control of the Chairman, [the Executive Officer shall exercise such powers and perform such functions] [Substituted by the West Bengal Act 22 of 2000, w.e.f. 1.9.2000, for 'the Executive Officer and the Finance Officer shall exercise such powers and perform such functions'.] [as may be prescribed.] [Substituted by section 17 of the West Bengal Act 16 of 2002, w.e.f. 2.9.2002, for 'in the matter of municipal establishment and in other matters as may be notified by the State Government from time to time.'.]
(3)[ Subject to the supervision and control of the Chairman, the Finance Officer shall exercise such powers and perform such functions [as may be presented] [Sub-section (3) Inserted by West Bengal Act 22 of 2000, w.e.f. 1.9.2000.]
(4)[ In the case of absence of the Executive Officer or the Finance Officer, for any reason, the powers of the Executive Officer or the Finance Officer, as specified in the foregoing provisions of this section or elsewhere in this Act Of the rules made under this Act, shall be exercised by the Chairman or by the Vice-Chairman or by any Councilor or by any officer of the Municipality as may be nominated by the Chairman in this behalf.] [Inserted by s. 17, ibid, w.e.f. 2.9.2002.]