NDMC ACT(Chapter6)

MUNICIPAL OFFICERS AND OTHER MUNICIPAL EMPLOYEES

Appointment of certain officers.

33.

(1)	The Council shall appoint suitable persons to be the Secretary and Chief Auditor of the Council, and such other officer or officers as the Council may deem fit on such monthly salaries and such allowances, if any, as may be fixed by the Council:
	Provided that the Chief Auditor shall not be eligible for any other office under the Council after he has ceased to hold this office.
(2)	The appointment of the Secretary and the Chief Auditor shall be made with the previous approval of the Administrator.

Schedule of permanent posts and creation of temporary posts.

34.

(1)

The Chairperson shall from time to time prepare and lay before the Council a Schedule of category 'A' and category 'B' posts other than the posts of Secretary and Chief Auditor specified in section 33, setting forth the designations and grades of municipal officers and other municipal employees who should be maintained permanently in the service of the Council indicating therein the salaries, fees and allowances which are proposed to be paid to such officers and other employees.

(2)

The Council shall approve and sanction the Schedule either without modifications or with such modifications as it thinks fit or may amend it either on its own motion or otherwise.

(3)

The Chairperson may create any category 'B', or category 'C' or category 'D' post and for a period not exceeding six months any category 'A' post:

Provided that no such category 'A' post shall be beyond the said period without the previous approval of the Council.

(4)

In this section and in section 36.

(i)	"category 'A' post" means any post, which having regard to its scale of pay or emoluments. Would, if such post had been in the Central Government, be classified as a group 'A' post under the Central Government in accordance with the orders issued by that Government from time to time;
(ii)	"category 'B' post" means any post which having regard to its scale of pay or emoluments, would, if such post had been in the Central Government, be classified as a group 'B' post under the Central Government in accordance with the orders issued by that Government from time to time;
(iii)	"category 'C' post" means any post which having regard to its scale of pay or emoluments, would, if such post, had been in the Central Government, be classified as a group 'C' post under the Central Government in accordance with the orders issued by the Government from time to time;
(iv)	"category 'D' posts" means any post, other than a category 'A' or category 'B' or category 'C' post.

Restriction on employment of permanent officers and other employees.

35.
	No permanent officer or other employee shall be entertained in any department of the municipal administration unless he has been appointed under sub-section (1) of section 33 or his office and emoluments are included in the Schedule for the time being in force prepared and sanctioned under section 34 or is appointed against a permanent post under section 36.

Power to make appointments.

36.

(1)

Subject to the provisions of section 33, the power of appointing municipal officers and other municipal employees, whether temporary or permanent: -

(a)	to category 'A', category 'B' and category 'C' posts, shall vest in the Chairperson; and
(b)	to category 'D' posts shall vest in the Secretary.

(2)

The claims of the members of the Scheduled Castes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments of municipal officers and other municipal employees.

Officers and other employees not to undertake any extraneous work.

37.
	No municipal officer or other municipal employees shall undertake any work unconnected with his duties under this Act except with the permission of the Chairperson.

Officers and other employees not to be interested in any contract, etc., with the Council.

38.

(1)	A person shall be disqualified for being appointed as a municipal officer or employee if he has, directly or indirectly, by himself or by a partner or any other person any share of interest in any contract made with, or any work being done for, the council other than as such officer or employee.
(2)	If any such officer or other employee acquires, directly or indirectly, by himself or by a partner or any other person, any share or interest in any such contract or work as is referred to in sub-section (1), he shall unless the authority appointing him in any particular case otherwise decides, be liable to be removed from his office by an order of such authority:
	Provided that before an order of removal is made, such officer or other employee shall be given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

Punishment for municipal officers and other employees.

39.

(I)

Every municipal officer or other municipal employee shall be liable to have his increments or promotion withheld or to be censured, reduced in rank, compulsorily retired, removed or dismissed for any breach of any departmental regulations or of discipline or for carelessness, unfitness, neglect of duty or other misconduct by such authority as may be prescribed by regulation:

Provided that no such officer or other employee as aforesaid shall be reduced in rank, compulsorily retired, removed or dismissed by an authority subordinate to that by which he was appointed:

Provided further that the Council may by regulations provide that municipal employees belonging to such classes or categories as may be specified in the regulations shall be liable also to be fined by such authority as may be specified therein.

(2)

No such officer or other employee shall be punished under sub-section

(1)

unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:

Provided that this sub-section shall not apply-

(a)	Where an officer or other employee is removed or dismissed on the ground of conduct which had led to his conviction on a criminal charge; or
(b)	Where the authority empowered to remove or dismiss such officer or other employee is satisfied that for some reason, to be recorded by that authority, it is not reasonably practicable to give that person an opportunity of showing cause.

(3)

If any question arises whether it is not reasonably practicable to give any officer or other employee an opportunity of showing cause under sub-section

(2)

the decision thereon of the authority empowered to remove or dismiss such officer or other employee shall be final.

(4)

An officer or other employee upon whom a punishment has been inflicted under this section may appeal to such officer or authority as may be prescribed by regulations:

Provided that in the case of an officer or other employee appointed by the Chairperson, an appeal shall lie is to the Administrator.

Consultation with the Union Public Service Commission.

40.

No appointment to any category 'A' post within the meaning of clause (i) of subsection (4) of section 34 shall be made except after consultation with the Commission:

Provided that no such consultation with the Commission shall be necessary in regard to the selection for appointment: -

(a)	) to any acting or temporary post for a period not exceeding one year; or
(b)	to such ministerial posts as may from time to time be specified by the Council in consultation with the Commission when such posts are to be filled by promotion; or
(c)	to a post when at the time of such appointment the person to be appointed thereto is in the service of the Central Government or a State Government in a group A post; or
(d)	to a permanent or temporary post, if the officer or other employee to be appointed is not likely to hold that post for more than one year; or if such officer or other employee is likely to hold the post for more than one year but not more than three years and the Commission advises that the appointment may be made without consulting the Commission; or
(e)	to such other posts, as may from time to time, be specified by the Central Government in consultation with the Commission.

Power of Commission to make regulations and reference to the Central Government in case of difference between the Commission and the Council.

41.

(1)

The Commission may make regulations for the following matters, namely: -

(a)	the procedure to be followed by the Commission in advertising posts, inviting applications scrutinizing the same and selecting candidates for interview;
(b)	the procedure to be followed by the Commission for selecting candidates for appointment and by the Council for consultation with the Commission;
(c)	any other matter which is incidental to, or necessary for, the purpose of consultation with the Commission.

(2)

In the case of any difference of opinion between the Commission and the Council on any matter, the Council shall refer the matter to the Central Government and the decision of that Government thereon shall be final.

Recruitment to category B and category C posts.

42.

(1)	The direct recruitment to category B and category C posts may be made by the Government through such agencies as may be prescribed for it.

Power of Council to make regulations.

43.

(1)

The Council may make regulations to provide for any one or more of the following maters, namely: -

(a)	the tenure of office, salaries and allowances, provident funds, pensions, gratuities, leave of absence and other conditions of service of officers and other employees appointed under this Chapter;
(b)	the powers, duties and functions of Secretary;
(c)	the qualifications of candidates for appointment to posts specified in section 33 and to posts dealt with in the Schedule of posts referred to in sub-section (1) of section 34 and the manner of selection for appointments to such posts;
(d)	the procedure to be followed in imposing any penalty under sub-section (1) of section 39, suspension pending departmental inquires before the imposition of such penalty and the authority by whom such suspension may be ordered; the officer or authority to whom an appeal shall lie under sub-section (4) of that section;
(e)	any other matter which is incidental to, or necessary for, the purpose of regulating the appointment and conditions of service of persons appointed to services and posts under the Council and any other matter for which in the opinion of the council provisions should be made by regulations.

(2)

No regulation under clause (c) of sub-section (1) shall be made except after consultation with the Commission.

NOTES ON CLAUSES

These clauses relate to municipal officers and other municipal employees.

Chairperson, subject to the concurrence of the Council, shall have the power to appoint municipal officers, to category 'A'; the Chairperson will be competent to appoint officers of category 'B' and category 'C' and Secretary will be competent to appoint employees of category 'D'. with regard to appointment to category 'A' posts consultation with the Union Public Service Commission will be necessary.