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State of Arunachal Pradesh - Section

Section 36 in Arunachal Pradesh Municipal Act, 2007

36. Officers of Municipality.

(1)Subject to the provisions of section-41, and having regard to the need for ensuring maximum possible economy in Municipal administration, the Municipality may, besides appointing a Municipal Executive Officer in the case of a Municipal Council or a Nagar Panchayat, appoint officers to deal with all or any of the functions relating to finance, engineering, health, secretariat, law and internal audit, as the Empowered Standing Committee may, from time to time, determine.Note. - In order to ensure minimum financial involvement in recruiting Municipal Officer initially, the under mentioned officers / officials shall be entrusted / deputed with the functions as under namely: -
(i)[ The Deputy Commissioner, Capital Complex shall function as Chief Municipal Executive Officer of Municipal in Capital Region and in Districts the Deputy Commissioner or his representative of respective towns where Municipalities is constituted shall be the Executive Officer of that Municipality;] [Substituted by Arunachal Pradesh Act No. 15 of 2010, dated 28.10.2010.]
(ii)The relevant technical manpower such as Architects, Civil engineers and Town planners and non-technical manpower from the Department of Urban development & Housing and Town Planning shall be posted to the Municipalities on deputation basis, till the Municipalities generates enough resources to create and sustain its own establishment and manpower.
(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 Chief Municipal Executive Officer with the Empowered Standing Committee and Chief Municipal Executive Officer/ Municipal Executive Officer 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 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 of posts as aforesaid from time to time, so ,however the total period of extension shall not exceed five years.
(5)Until cadres of common municipal services for the State are constituted under subsection (1) of section 43, the Empowered Standing Committee may determine which of the posts of officers referred to in sub-section (1) of this section are necessary for a Municipal Council or a Nagar Panchayat, and, with the prior approval of the State Government, create posts or, 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.