54. Cadre of common municipal service, appointments, etc.
-[(1) The State Government may constitute cadres for the State in respect of Executive Officers, Health Officers, Engineers and Finance Officers referred to in sub-section (1) of section 53.(2)The State Government shall be the appointing authority of all the officers borne in the cadres constituted under sub-section (1), and shall be authority to transfer such officers from one municipal area to another] [[Substituted by section 15 of the W B. Act 16 of 2002, w e.f 2.9.2002, for former sub-sections (1) and (2) as follows :'(1) The State Government may constitute a cadre of common municipal service for the State in respect of such officers of the municipal establishment referred to in sub-section (1) of section 53 as may be determined by it from time to time.(2)The Director of Local Bodies shall be the appointing authority of all officers and employees borne in the cadre of common municipal service. The Director of Local Bodies shall be the authority to transfer the officers and employees of the cadre of common municipal service from one municipal area to another :Provided that until the cadre of common municipal service for the State is constituted under sub-section (1), no appointment of any officer, other than an Executive Officer, Health Officer, Engineer or Finance Officer, referred to in sub-section (1) of section 53, shall be made by a Municipality without the prior approval of the State Government.Explanation.-'Director of Local Bodies' shall mean any person appointed as such by the State Government by notification for all or any of the purposes of this Act, and shall include a Deputy Director of Local Bodies or Assistant Director of Local Bodies appointed under sub-section (2) of section 425.'.]] :[Provided that until the cadre is constituted under sub-section (1), the Board of Councilors may, with the prior approval of the State' Government, engage the officers to the posts of Health Officers and Engineers, sanctioned by the State Government, on contract basis or otherwise, and the qualifications and the recruitment procedure for such engagement shall be such as may be prescribed :Provided further that the remuneration for such engagement shall be paid from the Municipal Fund.] [Provisos added by section 9 of the West Bengal Municipal (Amendment) Act, 2004 (West Bengal Act VIII of 2004), we.f. 15.9.2004.](3)The appointment of all other officers and employees [, not included in sub-section (1)] [Inserted by section 15 of the West Bengal Act 16 of 2002, w.e.f. 2.9.2002.] shall be made by the Municipality [with the prior approval of the State Government] [Inserted by section 3 of the West Bengal Municipal (Amendment) Act, 2003 (West Bengal Act 13 of2003), w.e.f. 1.10.2003.] [and the order of such appointment shall be issued under the signature of the Executive Officer.] [Inserted by Act No. 11 of 2017, dated 31.3.2017.][***] [[Proviso which were added by the West Bengal Act XLV of 1994, w.e.f. 10 10.1994, omitted by section 15 of the West Bengal Act 16 of 2002, w.e.f. 2.9.2002, the former Proviso read as follows :'Provided that the State Government may determine the category and the scale of pay of a post to which no appointment shall be made by the Municipality without the prior sanction of the State Government even though the creation of such post is within the limit of one per cent of the total number of sanctioned posts of officers and other employees in existence in the year immediately preceding.'.]](3A)[ The recruitment to the posts of officers and other employees not required to be made through the Municipal Service Commission constituted under sub-section (1) of section 55, shall be made through the local employment exchange or through such other method as the State Government may determine from time to time.] [Inserted by the West Bengal Act XLV of 1994, w.e f. 10.10.1994.](4)Save as otherwise provided in this Act, the State Government may by rules provide for the [qualification for] [Substituted by ibid, w.e.f. 10.10.1994, for 'mode of'.] appointment, conditions of service and other allied matters relating to the officers and employees of Municipalities.(5)[ Notwithstanding anything contained in the foregoing provisions of this section or elsewhere in this Act, but subject to the provisions of sub-section (2), the Board of Councilors may, by resolution, decide to engage, on contract basis with the prior approval of the State Government, officers and other employees of a Municipality against such posts of such officers and other employees as may be created under section 53:Provided that the remuneration for, and the other terms and conditions of, such engagement shall be such as the State Government may approve.] [Subs-section (5) Inserted by the West Bengal Act 22 of 2000, w.e.f. 1.9.2000.]
