BIHAR MUNICIPAL ACT, 2007

BIHAR MUNICIPAL ACT, 2007

Preamble - THE BIHAR MUNICIPAL ACT, 2007

THE BIHAR MUNICIPAL ACT, 2007

[ACT No. 11 of 2007][1]

PREAMBLE

An Act to consolidate and amend the laws relating to the municipal governments in the State of Bihar in conformity with the provisions of the Constitution of India as amended by the Constitution (Seventy-fourth Amendment) Act, 1992, based on the principles of participation in, and decentralization, autonomy and accountability of, urban self-government at various levels, to introduce reforms in financial management and accounting systems, internal resource generation capacity and organizational design of Municipalities, to ensure professionalisation of the municipal personnel, and to provide for matters connected therewith or incidental thereto.

Be it enacted by the Legislature of the State of Bihar in the fifty eighth year of the Republic of India as follows:?

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Bihar Municipal Act, 2007

(2)     It shall extend to the whole of the State of Bihar excluding cantonment areas therein.

(3)     It shall come into force at once.

Section 2 - Definitions

In this Act, unless the context otherwise requires-

(1)     "Ad hoc Committee" means an Ad hoc Committee appointed under Section 33;

(2)     "Administrator" means any officer appointed by the State Government to exercise the powers and perform the duties conferred or imposed on the Municipalities, the Empowered Standing Committee and the Chief Executive Officer, by or under this Act;

(3)     "Annual Rental Value" of a holding means the gross annual rental at which a holding may reasonably be expected to be let out.

(3A) "Auditor" means an Auditor appointed under Section 90, and includes any officer authorized by him to perform all or any of the functions of an Auditor under this Act;

(4)     "assessment list" means any municipal assessment register referred to under this Act, and includes any register subsidiary thereto;

(5)     "authorise" means authorised by the Corporation either generally or specially;

(6)     ?"balance sheet" means the balance sheet prepared under Section 89;

(7)     "bio-medical waste" means any waste generated during diagnosis, treatment or immunization of human beings or animals or in research activities pertaining thereto or in the production or testing of biologicals;

(8)     "bridge" includes culvert;

(9)     "budget estimate" means the budget estimate prepared under Section 82;

(10)   "budget grant" means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by the Municipality, and includes any sum by which such budget grant is increased or reduced by transfer from or to other heads in accordance with the provisions of this Act and the Rules and the Regulations made thereunder;

(11)   "building" means a structure constructed for whatever purpose and of whatever materials, and includes the foundation, plinth, walls, floors, roofs, chimneys, fixed platforms, verandas, balconies, cornices or projections or part of a building or anything affixed thereto or any wall (other than a boundary wall of less than three metres in height) enclosing, or intended to enclose, any land, sign or outdoor display-structure but does not include a tent, shamiana or tarpaulin shelter;

(12)   "building line" means a line beyond which the outer face or any part of an external wall of building should not project in the direction of any street, existing or proposed and sanctioned;

(13)   "cadres of common municipal services" means the cadres of common municipal services constituted under sub-section (1) of Section 43;

(14)   "carriage" means any wheeled vehicle, with springs or other appliances acting as springs, which is ordinarily used for the conveyance of human beings, and includes an in-rickshaw, cycle-rickshaw, bicycle or tricycle, but does not include a perambulator or other form of vehicle designed for the conveyance of children or elderly, infirm or handicapped persons;

(15)   "cart" means any cart, hackney or wheeled vehicle with or without springs, which is not a carriage, and includes a hand-cart, a cycle van and a push van, but does not include any wheeled vehicle which is propelled by mechanical power or its trailer;

(16)   'category'/V post means a category' A' post classified as such under Section 37;

(17)   "category 'B' post' means a category 'B' post classified as such under Section 37;

(18)   'category 'C post" means a category 'C post classified as such under Section 37;

(19)   "category 'D' post "means a category 'D' post classified as such under Section 37;

(20)   "Chief Councilor" means-

(i)       in relation to a Municipal Corporation, the Mayor,

(ii)      in relation to a Municipal Council, the Municipal Chairperson, and

(iii)     in relation to a Nagar Panchayat, the Municipal President;

(21)   "Chief Municipal Officer" means,?

(i)       in relation to a Municipal Corporation, the Municipal Commissioner, and

(ii)      in relation to a Municipal Council or Nagar Panchyat, the Municipal Executive Officer;

(22)   "City" means a larger urban area declared to be a City under Section 3;

(23)   "Class 'A' medium urban area" means a smaller urban area classified as such under Section 7;

(24)   "Class 'B' medium urban area" means a smaller urban area classified as such under Section 7;

(25)   "Class 'C medium urban area" means a smaller urban area classified as such under Section 7;

(26)   "conservancy" means the removal and disposal of sewage, offensive matter and rubbish;

(27)   "Councillor", in relation to a Municipality, means a person chosen by direct election from a ward of that Municipality;

(28)   "cubical extent," with reference to the measurement of a building, means the space contained with the external surface of its walls and roof and the upper surface of the floor of its lowest or only storey;

(29)   "dangerous disease" means?

(a)      cholera, plague, small-pox, cerebrospinal meningitis, diphtheria, tuberculosis, leprosy, influenza, encephalitis, polimyelitis, or syphilis; or

(b)      any other epidemic, endemic or infectious disease which the State Government may, by notification, declare to be a dangerous disease for the purposes of this Act;

(30)   "Deputy Chief Councillor" means,?

(a)      in relation to a Municipal Corporation, the Deputy Mayor,

(b)      in relation to a Municipal Council, the Municipal Vice-Chairperson, and

(c)      in relation to a Nagar Panchayat, the Muncipal Vice President;

(31)   "Director of Local Bodies" means an officer appointed as such by the State Government, and includes an Additional Director, a Joint Director, a Deputy Director, or any other officer of the State Government authorized by it to perform the functions of the Director of Local Bodies under this Act;

(32)   "domestic purposes", in relation to the supply of water, means the purposes other than those referred to in sub-section (3) of Section 171;

(33)   "drain' includes a sewer, a house-drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel or any other device for carrying off sullage, sweage, offensive matter, polluted water, rain-water or sub?soil water;

(34)   "drug" means any substance used as medicine or in the composition or preparation of medicine, whether for internal or external use, but does not include a drug within the meaning of clause (b) of Section 3 of the Drugs and Cosmetics Act, 1940 (23 of, 1940).

(35)   "dwelling-house" means a masonry building constructed, used, or adapted to be used, wholly or principally for human habitation;

(36)   "Empowered Standing Committee" means the Empowered Standing Committee referred to in Section 21;

(37)   "Establishment Schedule" means the Establishment Schedule prepared under Section 37;

(38)   "Financial statement" means the Financial statement prepared under Section 88.

(39)   "food" includes every article used for food or drink by man, other than drugs or water, and any article which ordinarily enters into, or is used in the composition or preparation of, human food, and also includes confectionery, flavouring and colouring matters, spices and condiments;

(40)   "footpath" means a pavement, for use by pedestrians, which abuts a category I or category II or category III or category IV road;

(41)   "habitable room" means a room constructed or adapted for human habitation;

(42)   "hazardous process" means the hazardous process defined in 63 clause (cb) of Section 2 of the Factories Act, 1948;

(43)   "hazardous wastes" means the categories of wastes specified under Section 29 as such in the Environment (Protection) Act, 1986;

(44)   "holding" means land held under one title or agreement and surrounded by one set of boundaries:

Provided that, where two or more adjoining holdings held by the same owner form part and parcel of the site or premises of an apartment and a dwelling house, manufactory, warehouse or place of trade or business, such holdings shall be deemed to be one holding for the purposes of this Act.

Explanation.?

Holdings separated by a road or other means of communication shall be deemed adjoining within the meaning of this proviso:

Provided further that where any building is capable of being enjoyed separately in parts, or where portions of such building are owned separately by different persons, or where the building comprises self contained and independent units, each of such parts, portions or units shall, on application by the owners, be deemed, to be a separate holding;

(45)   "house-drain" means any drain of one or more premises used for the drainage of such premises;

(46)   "house-gully" means a passage or a strip of land constructed, set apart or utilized for the purpose of serving as a drain or affording access to a privy, urinal, cesspool or other receptacle for filthy or polluted matter for municipal employees or for persons employed in the cleaning thereof or removal of such matter therefrom, and includes the air space above such passage or land;

(47)   "hut" means any building, no substantial part of which, excluding the walls up to a height of fifty centimeters above the floor or floor level, is constructed of masonry, reinforced concrete, steel, iron or other metal;

(48)   "industrial township" means such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by notification, specify to be an industrial township;

(49)   "infectious disease" or "communicable disease" means any disease which may be transmitted from one person to another and declared as such by the State Government by notification;

(50)   Joint Committee" means a Joint Committee constituted under Section 34;

(51)   "larger urban area "means a municipal area classified as a larger urban area under Section 7;

(52)   "land or building of includes a slum;

(53)   "licensed surveyor" means a surveyor licensed by the Corporation under the provisions of this Act;

(54)   "market" includes any place, by whatever name called, where persons assemble for the sale of meat, fish, fruit, vegetables, live stock, or any other article of food of a perishable nature, or any other article for which there is a collection of shops or warehouses or stalls, declared and licensed by the Municipality as a market;

(55)   "masonry building" means any building, other than a hut, and includes any structure, a substantial part of which is made of mesonry, reinforced concrete, steel, iron or other metal;

(56)   "milk" includes cream, skimmed milk, separated milk, and condensed, sterilized, desiccated or toned milk;

(57)   "Municipal Accounts Committee" means a Municipal Accounts Committee constituted under Section 100;

(58)   "Municipal Accounting Manual" means the Municipal Accounting Manual prepared and maintained under Section 89;

(59)   "Municipal area" means an area constituted as a municipal area under Section 6;

(60)   "Municipal drain" means a drain vested in the Municipality;

(61)   "Municipal Fund" means the Municipal Fund referred to in Section

73;

(62)   "Municipal Magistrate" means the Municipal Magistrate appointed under Section 398;

(63)   "Municipal market" means a market belonging to, or maintained, by, the Municipality;

(64)   "Government" means Government of State of Bihar.

(65)   "Municipal slaughterhouse" means a slaughterhouse belonging to, or maintained by, the Municipality;

(66)   "Municipality" means an institution of Self-Government constituted under Section 12, read with Article 243Q of the Constitution of India, and includes a Municipal Corporation, a Municipal Council, and a Nagar Panchayat, referred to in Section 13;

(67)   "notification" means a notification published in the Official Gazette;

(68)   "nuisance" includes any act, omission, place or thing which causes, or is likely to cause, injury, danger, annoyance, offence to the sense of sight, smell or hearing, or disturbance to rest or sleep, or which is, or may be, dangerous to life or injurious to health or property;

(69)   "occupier" includes any person for the time being paying, liable to pay, to the owner the rent or any portion of the rent (the land or the building in respect of which the word is used or for damages on account of the occupation of such land or building, and also includes a rent-free tenant:

Provided that an owner living in, or otherwise using, his own land or building shall be deemed to be the occupier thereof;

(70)   "offensive matter" means kitchen or stable refuse, dung, dirt, putrid or putrefying substance, or fifth of any kind which is not included in sewage;

?

(71)   "other agency" means a company, firm, society, or body corporate in the private sector, or any institution, or government agency, or any joint sector agency, or any agency under any other law for the time being in force;

(72)   "owner" includes the person for the time being receiving rent of any land or building or of any part of any land or building, whether on his own account or as an agent or trust for any person or society or for any religious or charitable purpose or as a receiver who would receive such rent if the land or the building or of any part of the land or the building were let to a tenant;

Provided that for purposes of the acquisition of land or payment of compensation, the term "owner" shall mean the person who owns the land or any person duly authorised by him to enter into any agreement with the Chief Municipal Officer or to receive compensation;

(73)   "platform" means any structure which is placed on or covers or projects over any street or any open drain and includes balconies or other extension of buildings projecting at any height over such street or drain;

(74)   "population" means the population as ascertain at the last preceding census of which the relevant figures have been published;

(75)   "permises" means any land or building or part of a building or any hut or part of a hut, and includes-

(a)      the garden, ground and outhouses, if any, appertaining thereto, and any fittings or fixtures affixed to a building or part of a building or hut or part of a hut for the more beneficial enjoyment thereof;

(76)   "prescribed" means prescribed by Rules made under this Act;

(77)   "presiding officer" means,?

(i)       in the case of a Municipal Corporation, the Mayor,

(ii)      in the case of a Municipal Council, the Municipal Chairperson, and

(iii)     in the case of a Nagar Panchayat, the Municipal President;

(78)   "private drain" means any drain which is not a municipal drain;

(79)   "private street" means any street, road, lane, gully, alley, passage or square which is not a public street, and includes any passage securing access to four or more premises belonging to the same or different owners, but does not include a passage provided in effecting a partition of any masonry building amongst joint owners where such passage is less than two metres and fifty centimeters wide;

(80)   "public building" means a masonry building constructed, used, or adapted to be used,

(a)      as a place of public worship or as a school, college or other place of instruction (not being a dwelling- house so used) or as a hospital, workhouse, public theatre, public cinema, public hall, public concert-room, public ballroom, public lecture-room, public library or public exhibition room or as a public place of assembly, or "

(b)      for any other public purpose, or

(c)      as a hotel, lodging-house, refuge or shelter, where the building, in cubical extent, exceeds seven thousand cubic metres or has sleeping accommodation for more than one hundred persons;

(81)   "Metropolitan Area "means an area having a population of ten lakhs or more comprised in one or more districts and consisting of two or more municipalities or Panchayats or other continuous area, specified by the State Government, by Gazette Notification, to be a Metropolitan area for the purposes of this Act."

(82)   "Public Service Commission" means the Public Service Commission for the State of Bihar constituted under Article 315 of the Constitution of India;

(83)   "Public street" means any street, road, lane, gully, alley, passage, pathway, square or courtyard, whether a thoroughfare or not, over which the public have a right of way, and includes-

(a)      the access or approach to a public ferry,

(b)      the roadway over any public bridge or causeway,

(c)      the footpath attached to any such street, public bridge or causeway;

(d)      the passage connecting two public streets;

(e)      the drains attached to any such street, public bridge or cause way and where there is no drain attached to any such street shall be deemed to include also, unless the contrary is shown, all land up to the boundary wall, hedge or pillar of the premises, if any, abutting on the street, or, where a street alignment has been fixed, up to such alignment;

(84)   "Regulations" means the Regulations made by a Municipality under this Act;

(85)   "rubbish" includes dust, ashes, broken bricks, mortar, broken glass, garden and stable refuse of any kind which is not an "offensive matter" or "sewage" as defined in this Section;

(86)   "Rules" means the Rules made by the State Government under this Act;

(87)   "Sewage" means night-soil and other contents of privies, urinals, cesspools or drains, and includes trade effluents and discharges from maunfactories of all kinds;

(88)   "Slaughter-house" means any place used for the slaughter of cattle, sheep, goats, kids or pigs for the purpose of selling the flesh thereof as meat;

(89)   "Smaller urban area" means a municipal area classified as a smaller urban area under Section 7;

(90)   "State Election Commission" means the State Election Commission constituted under Section 123 of the Bihar Panchayati Raj Act, 2006 read with Article 243-ZA of the Constitution of India.

(91)   "Development Plan/Master Plan' means the draft Development Plan/ Master Plan and the final Development Plan/Master Plan prepared under this Act;

(92)   "State Municipal Vigilance Authority" means the State Municipal Vigilance Authority appointed under Section 44;

(93)   "Street" means a public street or a private street;

(94)   "Street alignment" means the line dividing the land comprised in, and forming part of, a street from the adjoining land;

(95)   "Subject Committee" means a Subject Committee constituted under Section 32;

(96)   "Ward Committee" means a Ward Committee referred to in Section 31;

(97)   "Wards Committee" means a Wards Committee constituted under Section 30;

(98)   "water-course" includes a river, stream or channel, whether, natural or artificial;

(99)   "Year" means a Financial Year beginning on the first day of April;

(100)    "Backward Classes" means and includes the list of Backward Classes of Citizens Specified in Annexure 1 of the Bihar Reservation of Vacancies in Post and Services (for SC, ST and other Backward Classes) Act 1991 (Bihar Act, 3/92).

Section 3 - Declaration of intention to constitute a municipal area

(1)     The State Government may, after making such inquiry as it may deem fit, and having regard to the population of any urban area, density of population there in, the revenue generated for the local administration of such area, the percentage of employment in non-agriculture activities in such area, the economic importance of such area, and such other factors as may be prescribed, by notification, declare its intention to specify such area to be a larger urban area, or a medium urban area, or a transitional area:

Provided that no such declaration shall be made unless the population

(a)      in the case of a larger urban area, is two lacs or more,

(b)      in the case of medium urban area, is forty thousand or more but is less than two lacs, and

(c)      in the case of a transitional area, that is a small town, is twelve thousand and more but not more than forty thousand:

Provided further that the non-agricultural population in all cases shall be seventy five per cent or more.

Explanation.?

"Revenue generated for the local administration" shall not include-

(a)      taxes, if any, distributed to the Municipality by the State Government,

(b)      loans and grants from the State Government, and

(c)      loans and grants from the Central Government or institution or other source.

(2)     The State Government shall, by notification, declare an area specified as-

(i)       a larger urban area to be a city,

(ii)      a medium urban area to be a town, and

(iii)     a small town or transitional area to be a Nagar Panchayat or urban growth centre

(3)     Notwithstanding anything contained in sub-section (1), the State Government may, by notification, determine separate conditions, to constitute any hill area, pilgrim centre, tourist centre or mandi as a municipal area.

Section 4 - Publication of declaration

(1)     The State Government may by a notification, published in the Official Gazette and in at least two leading newspapers, at least one of which shall be in vernacular intelligible conveyed its intention to constitute a municipal area to the inhabitants of the local area concerned.

(2)     A copy of the notification shall also be pasted at a conspicuous place in the office of the Collector of the district and, where there is a Municipality, also in the office of the Municipality and in such other public places as the State Government may direct.

(3)     Public proclamation about the constitution of a municipal area shall be made either by beating of drum throughout the local area concerned or through any other publicity media.

Section 5 - Consideration of objection

Any inhabitant of the city, town or Nagar Panchayat in respect of which a notification has been published under Section 4 may, object to anything contained in the notification and submit his objection in writing to the State Government within one month from the date of its publication, the State Government shall take such objection into consideration.

Section 6 - Constitution of Municipal Area

On the expiry of one month from the date of publication of notification under Section 4 and after consideration of all or any of the objections which may be submitted, the State Government may, by notification, constitute such Large Urban area, city, town or transitional area or any specified part thereof as a municipal area under this Act.

Section 7 - Classification of Municipal areas

The State Government may, for the purpose of application of the provisions of this Act, classify any municipal area on the basis of the population as ascertained at the last preceding census of which the relevant figures have been published, as?

(a)      a larger urban area having population above 2,00,000

(b)      a medium urban area of?

Class 'A' municipal area having population above 1,50,000 but not exceeding 2,00,000, or

Class 'B' municipal area having population above 1,00,000 but not exceeding 1,50,000, or

Class 'C municipal area having population above 40,000 but not exceeding 1,00,000, and

(c)      transitional small urban area having population above 12,000 but not exceeding 40,000:

Provided that for the purpose of classification of municipal areas in any hill area, pilgrim centre, tourist centre or mandi town, the government may, by notification, determine separate size of population for each class of such municipal areas.

Section 8 - Power to abolish or alter limits of municipal area

The State Government may, by notification,?

(a)      withdraw any municipal area or part thereof from the operation of this Act, or

(b)      exclude from a municipal area any local area comprised therein and defined in the notification, or

(c)      include within a municipal area any local area contiguous to such municipal area and defined in the notification, or

(d)      divide any municipal area into two or more municipal areas, or unite two or more contiguous municipal areas so as to constitute one municipal area, or

(e)      revise the boundary of two or more contiguous municipal areas: Provided that the procedure laid down for the constitution of a municipal area under this Act shall be followed mutatis mutandis in each such case:

Provided further that the views of the Municipality affected by any such notification shall be invited by the State Government within such time as may be specified in the notification, and the State Government shall consider the views of the Municipality as aforesaid before a final declaration is made:

Provided also that no such notification shall be issued where any part of the municipal area or any neighbouring area is a cantonment or part of a cantonment, as defined in the Cantonments Act, 1924.

Section 9 - Power to include certain dwelling house, manufactory, etc. within a particular municipal area

Where a dwelling house, manufactory, warehouse, or place of industry or business is situated within the limits of two or more adjacent municipal areas, the State Government may, notwithstanding anything contained elsewhere in this Act, by notification, declare the municipal area within which such dwelling house, manufactory, warehouse, or place of industry or business shall be deemed to be included for the purposes of this Act.

Section 10 - Power to exempt municipal area from operation of any provisions of the Ordinance unsuited thereto

(1)     The State Government may, by notification, and for reasons to be recorded in writing, exempt municipal areas from the operation of any of the provisions of this Act considered unsuited thereto, and, thereupon, the said provisions shall not apply to such municipal areas until such provisions are applied thereto by notification.

(2)     While a notification under sub-section (1) remains in force, the State Government may make Rules consistent with the provisions of this Act in respect of any matter within the purview of such provisions from the operation of which the municipal areas as aforesaid are exempted.

Section 11 - The Municipality

(1)     The Municipality shall consist of such number of elected Councillors as there are wards within the municipal area as determined in accordance with the provisions made under Section 13 of this Act.

(2)     The Municipality shall be a body corporate with perpetual succession and a common seal, and may, by the name of the Municipality of the city or the town or the Nagar Panchayat, as the case may be, by reference to which the Municipality is known, sue and be sued.

(3)     All executive actions of the Empowered Standing Committee shall be expressed to be taken in the name of the Municipality.

(4)     Subject to the provisions of this Act, the Municipality shall have the power to acquire, hold and dispose of properties.

Section 12 - Constitution of Municipality

(1)     Save as provided in sub-section (3) all the seats in the municipalities shall be filled by persons chosen by direct election from the territorial constituencies in the municipal area and for this purpose, each Municipal area shall be divided into territorial constituencies, known as wards.

(2)     (a) In every Municipality as nearly as possible but not exceeding fifty percent of the total seats of the member of Municipalities shall be reserved for

(i)       Scheduled Castes;

(ii)      Scheduled Tribes; and

(iii)     Backward Classes.

The number of seats so reserved for Scheduled Castes and Scheduled Tribes shall be as nearly as possible the same proportion to the total number of seats to be filled up by direct election in that Municipality as the population of the Scheduled Castes and Scheduled Tribes bears to the total population of the area and such seats shall be allotted by rotation to different constituencies in a Municipality under the direction, control and supervision of the State Election Commission in the prescribed manner1 [after two Consecutive General Elections].

After reservation of seats for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall be allotted to the remaining constituencies in the prescribed manner. Such seats shall be allotted by rotation to different constituencies in the municipality during subsequent elections 1 [after two Consecutive General Elections] under the direction, control and supervision of the State Election Commission in the manner prescribed by it.

(b) As nearly as possible but not exceeding fifty percent of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes, as the case may be.

(c) As nearly as but not exceeding fifty percent of the total number of the seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.

(d) Such total number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category may be allotted by rotation under the direction, control and supervision of the State Election Commission, to different constituencies, in a Municipality in such manner as may be prescribed by it.[2] [after two Consecutive General Elections]

Explanation.?-

[3] [For the removal of doubts it is, hereby, declared that the principle of rotation for the purpose of reservation of offices for the Scheduled Castes, Scheduled Tribes, Backward Classes, Women of Backward Classes and Women of unreserved category under this sub-section shall commence from the first election held after the commencement of the Bihar Municipal Act, 2007.]

(3)     Notwithstanding the provisions as contained in sub-section (2) the following shall also be members in a Municipality:?

(i)       the members of the House of People and members of the Legislative Assembly representing constituencies which comprise wholly or partly the municipal area.

(ii)      the members of the Council of States and members of the State Legislative Council registered as electors within the municipal area and Sec, 13] members of State Legislative Council elected from the Local Bodies Constituencies of the municipal area.

(4)     Every member of the Municipality shall have the right to vote in the meeting but in case of election and removal of the Chief Councillor/Deputy Chief Councillor, only the members elected under sub-section (i) shall have the right to vote.

(5)     The Municipality shall, unless dissolved earlier, continue for a period of five years from the date of its first meeting after the general election and no longer.

(6)     An election to constitute a Municipality shall be completed, as the case may be,?

(a)      before the expiry of the period specified in sub-section (5), or

(b)      before the expiry of a period of six months from the date of its dissolution:

Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold an election for constituting the Municipality for such period.

(7)     The Municipality constituted upon its dissolution before the expiration of the period specified in sub-section (5) shall continue only for the remainder of the period for which the dissolved Municipality would have continued under sub-section (5) had it not been so dissolved.

(8)     In a municipal area newly constituted, the local authority having jurisdiction over such area immediately before such area was constituted as a municipal are, shall continue to have jurisdiction and to perform its functions till such time, not exceeding six months from the date of the notification under Section 6, as may be necessary for holding elections.

(9)     If, for any reason, it is not possible to hold the general election of a Municipality before the expiry of the period of five years specified in sub-section (5), the Municipality shall stand dissolved on the expiration of the said period, and all the powers and functions vested in the municipal authorities under this Act or under any other law for the time being in force shall be exercised or performed, as the case may be, by such person or persons to be designated as Administrator or Board of Administrators as the State Government may, by notification, appoint.

Section 13 - Composition of Municipality

Each Municipality shall consist of such number of Councillors/wards within the maximum limit as are specified in the Table below determined by the State Government.

The Table

Number of Councillors/Wards

Provided that State Government shall determine the number of councillors for each municipality before every election, by notification.

Section 14 - Election of Councillors

Notwithstanding anything contained in this Act, the superintendence, direction and control of preparation of electoral rolls for, and the conduct of, all elections of Councillors of the municipality in the State under this Act and the Rules made thereunder shall be vested in the State Election Commission constituted under Section 123 of Bihar Panchayat Raj Act, 2006 (Bihar Act 6, 2006)

Section 15 - Oath of allegiance to be taken by Councillors

(1)     Notwithstanding anything contained in the Indian Oaths Act, 1873, every person who is elected as a Councillor shall, before taking his seat, make and subscribe an oath or affirmation of his allegiance to the Constitution of India before,?

(a)      in the case of a Municipal Corporation, the Secretary to the State Government in-charge of municipal affairs or his nominee not below the rank of a Deputy Secretary to the State Government, and

(b)      in the case of a Municipal Council or a Nagar Panchayat, the District Magistrate or the Magistrate-in charge of the sub-division in which the municipal area is situated or an officer of the State Government authorized in this behalf by the District Magistrate.

(2)     The oath shall be in the following form:?

"I.......... , having been elected a Councillor of the municipal area of... do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, and that I will faithfully discharge the duties upon which I am about to enter.".

(3)     Any person who, having been elected a Councillor, fails to make and subscribe, within three months of the date on which his term of office commences, the oath or affirmation under sub-section (1), shall cease to hold his office and his seat shall be deemed to have become vacant:

Provided that the State Government may, for reasons to be recorded in writing, extend in each case or class of cases the period of three months as aforesaid by such period as it thinks fit.

Section 16 - Terms of office of councillors of municipality

Subject to the provisions of sub-section (6) or sub-section (7), as the case may be, of Section 12, a Councillor shall hold office for a period of five years from the date of the first meeting of the Municipality under Section 35 or, in the case of a Councillor chosen to fill a casual vacancy, for the remainder of the term of office of his predecessor, unless?

(a)      the Municipality is dissolved earlier, or

(b)      he resigns his office by notice, in writing, under his hand addressed to the Chief Councillor, and, thereupon, his office shall become vacant from the date of the notice, or

(c)      his election is void, or is declared to be void, under the provisions of any law relating to municipal elections in the State, or

(d)      the entire area of the ward from which he has been elected is withdrawn from the operation of this Act under clause (a) of Section 8:,

Section 17 - Recall of Councillor

(1)     Every Councillor shall be deemed to have vacated his office forthwith if he is recalled by means of secret ballot by a majority of the total number of voters of the concerned ward of the municipal area casting the vote in accordance with such procedure as may be prescribed:

Provided that no process of recall shall be initiated unless a proposal in this behalf is signed by not less than two third of the whole number of Councillors and presented to the District Magistrate;

Provided further that no such process of recall shall be initiated-

(i)       within a period of two years from the date on which a Councillor is elected and enters upon his office, or

(ii)      if half of the term of office of a Councillor elected in a bye-election has not expired:

Provided also that the process of recall of a Councillor shall be initiated only once during the term of his office.

(2)     When a proposal for recall of a Councillor is presented to the Collector under the first proviso to sub-section (1), the Collector shall, after satisfying himself and verifying that not less than two third of the Councillors have signed the proposal, send the proposal to the State Government, and, thereupon, the State Government with its decision and comments, shal make a reference to the State Election Commission.

(3)     On receipt of the reference under sub-section (2), the State Election Commission shall arrange for voting on the proposal of recall.

Section 18 - Disqualifications

(1)     Notwithstanding anything contained in this Act, a person shall be disqualified for election or after election for holding the post as member of the Municipality if such person?

(a)      is not a citizen of India;

(b)      is so disqualified by or under any law, for the time being in force, for the purpose of elections to the Legislature of the State:

Provided that no person shall be disqualified on the ground that he is less than twenty one years of age, if he has attained the age of twenty one years;

(c)      is in the service of the Central or State Government or any Local Authority;

(d)      is in the service of any such institution receiving aids from the Central or State Government or any local authority;

(e)      has been adjudged by a competent court to be of unsound mind;

(f)       has been dismissed from the service of the Central or State Government or any local authority for misconduct and has been declared to be disqualified for employment in the public service;

(g)      has been sentenced by a criminal Court, whether within or without India, to imprisonment for an offence, other than a political offence, for a term exceeding six months or has been ordered to furnish security for keeping good behaviour under section-109 or Section 110 of the Code of Criminal Procedure, 1973 (Act 2,1974) and such sentence or order not having subsequently been reversed; or absconding being an accused in a criminal case for more than six months,

(h)     has under any law for the time being in force become ineligible to be a member of any local authority;

(i)       holds any salaried office or office of profits under the Municipality;

(j)       has been found guilty of corrupt practices:

Provided that on being found guilty of corrupt practices, the disqualification shall cease after 6 (six) years of general election;

(k)      if he has not paid all taxes due by him to the Municipality at the end of the financial year immediately preceding that in which the election is held.

(l)       has been wilfully omits or refuses to perform his duties and functions or abuses the power vested in him or is found to be guilty of misconduct in the discharge of his duties or become physically or mentally incapacitated for performing his duties

(m)    If he has more than two living children:?

Provided that a person having more than two children on or upto the expiry of one year of the commencement of the Act, shall not be deemed to be disqualified."

(n)     Has been absent from three consecutive meetings or sitting of the Municipality without having previously obtained permission form the councillors at a meeting.

(2)     If any question arises as to whether a Member of a Municipality at any level was before election or has become after election subject to any of the disqualifications mentioned in sub-section (1), the question shall be referred for the decision of State Election Commission. The matter of disqualification may be brought to the notice of the State Election Commission in the form of a complaint, application or information by any person or authority. The State Election Commission may also take suo-motu cognizance of such matters and decide such matters expeditiously after allowing sufficient opportunity to the affected parties of being heard.

(3)     If a person, who is chosen as a member of a Municipality, is or becomes a member of the Lok Sabha, Rajya Sabha, Legislative Assembly, Legislative Council or is or becomes a member of a Panchayat or Mukhia or Sarpanch then within fifteen days from the date of commencement of the term of office of a member of the Lok Sabha, Rajya Sabha, Legislative Assembly, Legislative Council or a member of a Panchayat or Mukhia or Sarpanch, his seat in the Municipality shall become vacant unless he has previously resigned his seat in the Lok Sabha, Rajya Sabha, Legislative Assembly, Legislative Council or Panchayat, as the case may be.

Section 19 - Remuneration and allowances for Councillors

p style="text-indent: 0; line-height: 150%; margin-left: 0.5in; margin-right: 0in; margin-bottom: 10pt"> The Chief Councillor, the other members of the Empowered Standing Committee, and the other Councillors may receive such remuneration and allowances as may be prescribed:

Provided that different rates may be prescribed for different classes of Municipalities.

Section 20 - Municipal authorities

(1)     The municipal authorities for the purposes of giving effect to the provisions of this Act shall be,?

(a)      in the case of larger urban area,?

(i)       the Municipal Corporation,

(ii)      the Empowered Standing Committee,

(iii)     the Mayor, and

(iv)    the Municipal Commissioner;

(b)      in the case of a Class 'A' or Class 'B' or Class 'C medium urban area,-

(i)       the Municipal Council,

(ii)      the Empowered Standing Committee,

(iii)     the Municipal Chairperson, and

(iv)    the Municipal Executive Officer;

(c)      in the case of a transitional or smaller urban area,-

(i)       the Nagar Panchayat,

(ii)      the Empowered Standing Committee,

(iii)     the Municipal President, and

(iv)    the Municipal Executive Officer.

(2)     The presiding officer of the Municipality shall be, in the case of-

(a)      the Municipal Corporation, the Mayor,

(b)      the Municipal Council, the Municipal Chairperson, and

(c)      the Nagar Panchayat, the Municipal President.

Section 21 - Constitution of Empowered Standing Committee of Municipality

(1)     In every Municipality there shall be an Empowered Standing Committee.

(2)     The Empowered Standing Committee shall consist of-

(a)      in the case of a Municipal Corporation, the Mayor, the Deputy Mayor, and seven other Councillors;

(b)      in the case of a Class 'A' or Class 'B' Municipal Council, the Municipal Chairperson, the Municipal Vice Chairperson, and five other Councillors;

(c)      in the case of a Class 'C Municipal Council, the Municipal Chairperson, the Municipal Vice-Chairperson, and three other Councillors; and

(d)      in the case of a Nagar Panchayat, the Municipal President, the Municipal Vice-President, and three other Councillors.

(3)     The other members of the Empowered Standing Committee shall be nominated by the Chief Councillor from among the Councillors elected under sub section (1) of Section 12 within a period of seven days of his entering office.

(4)     The other members of the Empowered Standing Committee shall assume charge after taking the oath of secrecy under Section 24.

(5)     The Chief Councillor shall be the Presiding Officer of the Empowered Standing Committee.

(6)     The manner of transaction of business of the Empowered Standing Committee shall be such as may be prescribed.

(7)     The Empowered Standing Committee shall be collectively responsible to the Municipal Corporation or the Municipal Council or the Nagar Panchayat, as the case may be.

Section 22 - Executive power of Municipality to be exercised by Empowered Standing Committee

Subject to the provisions of this Act and the Rules and the Regulations made thereunder, the executive power of a Municipality shall be exercised by the Empowered Standing Committee.

Section 23 - Election of Chief Councillor and Deputy Chief Councillor

(1)     The Councillors shall, in the first meeting under Section 35, elect in accordance with such procedure as may be prescribed from amongst the Councillors to be the Chief Councillor and Deputy Chief Councillor who shall assume office forthwith after taking the oath of secrecy under Section 24.

(2)     If the Councillors fail to elect a Chief Councillor under sub-section (1), the State Government shall appoint by name one of the Councillors to be the Chief Councillor.

(3)     In the case of any casual vacancy in the office of the Chief Councillor caused by death, resignation, removal or otherwise, the Councillors shall, in accordance with such procedure as may be prescribed, elect one of the Councillors to fill up the vacancy.

Section 24 - Oath of secrecy to be taken by Chief Councillor and members of Empowered Standing Committee of God/solemnly

(1)     The Chief Councillor and the members of the Empowered Committee of Municipality shall assume office after taking the oath of secrecy in the following form:?

"I............ , do swear in the name of God/solemnly affirm that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as the Presiding Officer or as a member of the Empowered Standing Committee except as may be required for the due discharge of my duties." (2) The oath of secrecy shall be administered by,-

(a)      in the case of a Municipal Corporation, the Secretary to the State Government in-charge of municipal affairs or his nominee not below the rank of a Deputy Secretary to the State Government, and

(b)      in the case of a Municipal Council or Nagar Panchayat, the District Magistrate or the Magistrate-in-charge of the sub-division in which the municipal area is situated or an officer of the State Government authorized in this behalf by the District Magistrate.

Section 25 - Removal of Chief Councillor/Deputy Chief Councillor

(1)     The Chief Councillor/Deputy Chief Councillor shall ceased to hold office as such if he ceases to be a Councillor.

(2)     The Chief Councillor may resign his office by writing under his hand addressed to the Divisional Commissioner and Deputy Chief Councillor may resign his office by writing under his hand addressed to the Chief Councillor.

(3)     Every resignation under sub-section(2) shall take effect on the expiry of seven days from the date of such resignation, unless within the said period of seven days he withdraws such resignation by writing under his hand addressed to the Divisional Commissioner or the Chief Councillor, as the case may be.

(4)     The Chief Councillor/Deputy Chief Councillor may be removed from office by a resolution carried by a majority of the whole number of Councillors holding office for the time being at a special meeting to be called for this purpose in the manner prescribed, upon a requisition made in writing by not less than one-third of the total number of Councillors, and the procedure for the conduct of business in the special meeting shall be such as may be prescribed:

"Provided that a no confidence motion shall not be brought against the Chief Councillor/Deputy Chief Councillor within a period of two years of taking over the charge of the post:

Provided further that a no confidence motion shall not be brought again within one year of the first no confidence motion:

Provided further also that no confidence motion shall not be brought within the residual period of six months of the municipality.

(5)     "Without prejudice to the provisions under this Act, if, in opinion of the Divisional Commissioner having territorial jurisdiction over the Municipality the Chief Councillor/Deputy Chief Councillor absents himself without sufficient cause for more than three consecutive meetings or sittings or wilfully omits or refuses to perform his duties and functions under this Act, or is found to be guilty of misconduct in the discharge of his duties or becomes physically or mentally incapacitated for performing his duties or is absconding being an accused in a criminal case for more than six months, the Divisional Commissioner may, after giving the Chief Councillor/Deputy Chief Councillor a reasonable opportunity for explanation, by order, remove such Chief Councillor from office.

(6)     The Chief Councillor/Deputy Chief Councillor so removed shall not be eligible for re-election as Chief Councillor/Deputy Chief Councillor or Councillor during the remaining term of office of such Municipality.

Appeal shall lie before the State Government against the order of the Divisional Commissioner."

Section 26 - Deputy Chief Councillor

(1)     The Deputy Chief Councillor shall, in the absence of the Chief Councillor, preside over the meetings of the Municipality.

(2)     When-

(a)      the office of the Chief Councillor falls vacant by reason of death, resignation, removal or otherwise, or

(b)      the Chief Councillor is, by reason of leave, illness or other cause, temporarily unable to exercise the powers, perform the functions, or discharge the duties, of his office, the Deputy Chief Councillor shall exercise the powers, perform the functions, and discharge the duties, of the Chief Councillor until a Chief Councillor is elected under sub?section (3) of Section 23 and enters office or until the Chief Councillor resumes his duties.

(3)     The Deputy Chief Councillor shall, at any time, exercise such other powers, perform such other functions, and discharge such other duties, as may be delegated to him under the provisions of this Act.

Section 27 - The term of office of the Chief Councillor and the members of Empowered Standing Committee

The term of office of the Chief Councillor and the members of Empowered Standing Committee shall be coterminous with the duration of members of the Municipality.

Section 28 - Delegation of Powers and Functions

(1)     The Municipality may, by resolution, delegate, subject to such conditions as may be specified in the resolution, any of its powers or functions to the Empowred Standing Committee.

(2)     The Empowered Standing Committee may, by order in writing, delegate, subject to such conditions as may be specified in the order, any of its powers or functions to the Chief Councillor or to the Chief Municipal Officer.

(3)     Subject to such standing orders as may be made by the Empowered Standing Committee in this behalf?

(a)      the Chief Councillor may, by order, delegate, subject to such conditions as may be specified in the order any of his powers or functions to the Deputy Chief Councillor or the Chief Municipal Officer;

(b)      the Chief Municipal Officer may, by order, delegate, subject to such conditions as may be specified in the order, any of his powers or functions, excluding the powers or functions under sub-section (2) of Section 354 or Section 365, to any officer or other employee of the Municipality; and

(c)      any officer of the Municipality, other than the Chief Municipal Officer, may, by order, delegate, subject to such conditions as may be specified in the order, any of his powers or functions to any other officer subordinate to him.

(4)     Notwithstanding anything contained in this Section, the Empowered Standing Committee, the Chief Councillor, the Chief Municipal Officer, or the other officer referred to in clause (c) of sub-section (3), shall not delegate?

(a)      any of its or his powers or functions delegated to it or him under this Section, or

(b)      such of its or his powers or functions as may be specified by Regulations.

Section 29 - Reservation of office of Chief Councillor

(1)     The office of the Chief Councillor in municipalities shall be reserved in the following manner:?

(a)      For the post of Chairman of every Municipality, as nearly as but not exceeding fifty percent of the total seats of Chairman in the State shall be reserved for

(i)       Scheduled Castes;

(ii)      Scheduled Tribes; and

(iii)     Backward Classes.

Within the State, seats shall be reserved for Scheduled Castes and Scheduled Tribes for the posts of Chairman and the number of seats so reserved shall bear as nearly as possible the same proportion of the total number of seats of Chairman within the State as the population of the Scheduled Castes/Scheduled Tribes bears to the total population of the State and such seats shall be allotted by rotation to different Municipalities by the State Election Commission in the manner prescribed [4] [after two Consecutive General Elections] by it.

After reservation of seats of Chairman for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall be allotted to the remaining Municipalities by the State Election Commission in the manner prescribed by it. Such seats shall be allotted by rotation to different municipalities during subsequent elections [5] [after two Consecutive General Elections] under the direction, control and supervision of the State Election Commission in the manner prescribed by it.

(b)      As nearly as but not exceeding fifty percent of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes, as the case may be.

(c)      As nearly as but not exceeding fifty percent of the total number of the seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.

(d)      Such total number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category may be allotted by rotation under the direction, control and supervision of the State Election Commission to different Municipalities in such manner as may be prescribed [6][after two Consecutive General Elections] by it.

Explanation.?

[7] [For the removal of doubts it is, hereby, declared that the principle of rotation for the purpose of reservation of offices for the Scheduled Caste, Scheduled Tribes, Backward Classes, Women of Backward Classes and Women of unreserved category under this sub?section shall commence from the first election held after the commencement of the Bihar Municipal Act, 2007.] (2) The reservation of seats under sub-section (1) shall cease to have effect on the expiration of the period specified in Article 344 of the Constitution of India.

Section 30 - Wards Committee

(1)     Every Municipal Corporation having a population of three lacs or more may, at its first meeting after the election of Councillors thereto or as soon as may be thereafter, group the wards of the Corporation in such manner that each group consists of not less than three wards, and constitute a wards committee for each such group.

(2)     Each Wards Committee shall consist of the Councillors elected from the wards constituting the group.

(3)     A Councillor of the Wards Committee representing a constituent Ward shall hold office till he ceases to be the Councillor representing such Ward.

(4)     The Councillors of each Wards Committee shall elect from amongst: themselves one Councillor, who shall not be a member of the Empowered Standing Committee, to be its Chairperson.

(5)     The Chairperson of a Wards Committee may, at any time, resign his office by giving notice in writing to the Mayor and the resignation shall take effect from the date of acceptance by the Mayor.

(6)     A Wards Committee shall, subject to the general supervision and control of the Empowered Standing Committee, discharge, within the local limits of the group of wards, the functions of the Municipality relating to the provision of supply-pipes and drainage and sewerage connections to premises, removal of accumulated water on the streets or public places due to rain to otherwise, collection and removal of solid wastes, disinfections, provision of health immunization services and slum services, provision of lighting, repair to category IV and category V roads, maintenance of parks, drains and gullies, issue of licenses under sub-section (1) of Section 369, and such other functions as the Municipality may, from time to time, determine by Regulations.

(7)     The Empowered Standing Committee shall assign to a Wards Committee such number of officers and other employees as it deems fit and shall designate one of such officers as the Wards Officer of such Wards Committee.

(8)     The manner of transaction of business of the Wards Committee: shall be such as may be determined by Regulations.

(9)     Subject to such conditions, if any, as may be specified by Regulations, a Wards Committee may conduct public hearing on any major issue of public interest.

Section 31 - Ward Committee

(1)     Each ward of a Municipality shall have a Ward Committee.

(2)     The Councillor elected from a ward shall be the Chairperson of the Ward Committee for that Ward.

(3)     The Ward Committee may include not more than ten persons representing the civil society from the ward, nominated by the Municipality:

Provided that if the population of the Ward is not more than ten thousand, the number of other members shall be four, and, thereafter, there shall be one additional member of every four thousand population or part thereof:

Provided further that in reckoning the number of additional members of the Ward Committee exceeding four, any part of less than two thousand population may be ignored.

Explanation.?

For the purposes of this Section, "civil society" shall mean any non-government organization or association or person, established, constituted or registered under any law for the time being in force and working for social welfare, and shall include any community-based organization, professional institution and civic, health, educational, social or cultural body, and such other association or body as the Municipality may decide.

(4)     The Ward Committee shall perform such functions, and in such manner, as may be specified by Regulations.

Section 32 - Subject Committee

(1)     A Municipal Corporation or a Class 'A' Municipal Council may, from time to time, constitute Subject Committees consisting of Councillors to deal with the following matters, namely:-

(a)      water-supply drainage and sewerage, and solid waste management;

(b)      urban environment management and land use control; and

(c)      slum services.

(2)     The Mayor, the Deputy Mayor, and the members of the Empowered Standing Committee of a Municipal Corporation, or the Municipal Chairperson, the Municipal Vice-Chairperson, and the members of the Empowered Standing Committee of a Class 'A' Municipal Council, as the case may be, shall not be members of any Subject Committee.

(3)     Each Subject Committee shall consist of?

(a)      seven members in the case of a Subject Committee of a Municipal Corporation, and

(b)      five members in the case of a Subject Committee of a Class 'A' Municipal Council.

(4)     The manner of the constitution and the transaction of business of a Subject Committee shall be such as may be specified by Regulations.

(5)     The term of a Subject Committee shall be not less than two years.

(6)     The Chairperson of a Subject Committee shall be elected by its members from amongst themselves in the manner specified by Regulations:

Provided that a member shall not be eligible for election as Chairperson for more than two terms.

(7)     Each Subject Committee shall exercise such powers, and perform such functions, as may be specified by Regulations.

(8)     The recommendations of a Subject Committee shall be submitted to the Empowered Standing Committee for its consideration.

Section 33 - Ad hoc Committee

(1)     The Empowered Standing Committee may, from time to time, appoint an Ad hoc Committee to perform such functions, or conduct such enquiries, or undertakes such studies including reports thereon, as may be specified by a resolution in this behalf.

(2)     Any person, who is not a Councillor but possesses special qualifications useful for the purpose of an Ad hoc Committee, may be associated therewith as its member.

(3)     The manner of transaction of business in an Ad hoc Committee shall be such as may be laid down by the Empowered Standing Committee.

Section 34 - Joint Committee

(1)     The State Government may, if it considers it necessary so to do, constitute a Joint Committee for more than one Municipality, or for one or more Municipalities with other local authority or local authorities, for any purpose in which they are jointly interested or for delegating to it any power or function which calls for joint action.

(2)     The Joint Committee shall consist of the following members?

(i)       two elected members of each constituent Municipality or local authority,

(ii)      one nominee of each of the concerned departments of the State Government or of the concerned Statutory Authorities under the State Government,

(iii)     such expert or experts as the State Government nominate, and

(iv)    the Director of Local Bodies or his representative shall act as the convener of the Joint Committee.

(3)     The procedure of transaction of business by a Joint Committee shall be such as may be prescribed.

Section 35 - First meeting of Municipality

(1)     The first meeting of a Municipality after the general election of Councillors to the Municipality shall be convened within thirty days from the date of publication of the names of elected Councillors in the Official Gazette under the provisions of any relating to municipal elections in the State.

(2)     Seven days' notice shall be given for the meeting.

(3)     In the case of a Municipal Corporation, the meeting shall be convened by the Secretary to the State Government in charge of municipal affairs or any other officer not below the rank of a Deputy Secretary to the State Government, duly authorized by him.

(4)     In the case of a Municipal Council or a Nagar Panchayat, meeting shall be convened by the District Magistrate or any other Executive Magistrate authorized by the District Magistrate in this behalf.

Section 36 - Officers of Municipality

(1)     Subject to the provisions of Section 41 and need for ensuring maximum possible economy in municipal administration, the Municipality shall have the following posts of Officers namely-

(a)      in the case of Municipal Corporation,-

(i)       the Municipal Commissioner, an Officer of Indian Administrative Service or Bihar Administrative Service,

(ii)      the Controller of Municipal Finances and Accounts, a senior Audit Officer/Accounts Officer from Accountant General Office or senior member of Bihar Finance Service,

(iii)     the Municipal Internal Auditor,

(iv)    the Chief Municipal Engineer,

(v)      the Municipal Architect and Town Planner,

(vi)    the Chief Municipal Health Officer,

(vii)   the Municipal Law Officer,

(viii)  the Municipal Secretary,

(ix)    three Additional Municipal Commissioners, preferably in the rank of A.D.M. but not below the rank of S.D.M. of Bihar Administrative n Service, and

(x)      Such number of Joint Municipal Commissioners or Deputy Municipal Commissioners or Deputy Chief Municipal Engineers as the Empowered Standing Committee may, from time to time, determine, and

(b)      in the case of a Municipal Council or Nagar Panchayat,-

(i)       the Municipal Executive Officer,

(ii)      the Municipal Finance Officer,

(iii)     the Municipal Engineer,

(iv)    the Municipal Health Officer,

(v)      the Municipal Secretary, and

(vi)    such other officers as may be designated by the State Government in this behalf:

Provided that the State Government may reduce the number of posts of the officers as aforesaid:

Provided further that the State Government may re-designate any of the posts of the officers as aforesaid.

(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 with the Empowered Standing Committee 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 from amongst the officers who are or have been in the municipal service of any Municipality, or

(c)      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 to the posts as aforesaid from time to time.

(5)     Until cadres of common municipal services for the State are constituted under sub-section (1) of Section 43, the Empowered Standing Committee may determine which of the posts of officers referred to in clause (b) of sub-section (1) of this Section are necessary for Municipal Council or a Nagar Panchayat, and, with the prior approval of the State Government, create posts of, 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.

Section 37 - Establishment of Municipality and schedule of posts

(1)     The posts of officers and other employees of the Municipality, other than those referred to in sub-section (1) of Section 36, shall constitute the municipal establishment.

(2)     The Municipality shall, by Regulation, classify the posts of officers and other employees constituting the establishment of the Municipality into four categories, namely, category 'A' post, category 'B' post, category 'C post, and category 'D' post, on the basis of the scales of pay of such posts.

(3)     The Municipality shall prepare, and maintain, a schedule of posts of officers and other employees constituting the establishment of the Municipality, to be called Establishment Schedule, and such Establishment Schedule shall include the designation, and the number of posts under each designation, and shall be in three parts of which Part I shall include category, A' posts, Part II shall include category 'B' posts, and Part III shall include category 'C posts and category 'D' posts.

(4)     Every year the Chief Municipal Officer shall place before the Empowered Standing Committee for its consideration the Establishment Schedule along with the proposals for such changes therein as he may consider necessary:

Provided that no upward revision of the size of the establishment of the Municipality shall be made without the prior sanction of the State Government.

(5)     The Empowered Standing Committee shall, after consideration of the Establishment Schedule along with the proposals, if any, for changes therein, place the same along with its recommendations, if any, before the Municipality for approval prior to the presentation of the budget estimates to the municipality by the Chief Councillor,

(6)     The Chief Municipal Officer shall revise the Establishment Schedule as approved by the Municipality.

(7)     The Empowered Standing Committee may sanction any category 'C post or category 'D' posts for a period not exceeding six months:

Provided that no such post shall be sanctioned unless there is a provision in this behalf in the budget estimates of the Municipality.

(8)     Subject to such norms regulating the size of a municipal establishment as may be fixed by the State Government from time to time, no post of an officer or other employee of the municipality shall be created by the Municipality without the prior sanction of the State Government, if the number of posts to be so created in a year for a Municipality is more than one per cent of the total number of sanctioned posts of officers and other employees in existence in the year immediately preceding:

Provided that the number of posts as may be admissible for creation in a year without the prior sanction of the State Government after the commencement of this Act, if not created in that year, may be carried forward to the next year, subject to a maximum of ten.

(9)     The recruitment to the posts of officers and other employees of the Municipality not required to be made through the Public Service Commission shall be made through the local Employment Exchange or through such other method as the State Government may determine from time to time.

(10)   Notwithstanding anything contained in the foregoing provisions of this Section or elsewhere in this Act, the Empowered Standing Committee may decide to engage on contract basis, officers and other employees of the Municipality against such posts of officers and other employees referred to in sub-section (1) of Section 37.

Section 38 - Appointing Authorities

Subject to the other provisions of this Act, the appointing authority in respect of the posts of officers and other employees constituting the establishment of the Municipality shall be,-

(a)      in the case of category, A' posts, the Chief Municipal Officer,

(b)      in the case of category 'B' posts,-

(i)       an Additional Municipal Commissioner or a Joint Municipal Commissioner, in the case of a Municipal Corporation, or

(ii)      the Municipal Executive Officer, in the case of a Municipal Council or a Nagar Panchayat, and

(c)      in the case of category 'C posts and category 'D' posts, such officer or officers of the Municipality as the Chief Municipal Officer may, with the prior approval of the Empowered Standing Committee, designate in this behalf.

Section 39 - Salaries and allowances of officers and other employees

(1)     All officers and other employees of a Municipality including the officers referred to in Section 36 shall receive salareis and allowances out of the Municipal Fund:

(2)     The Municipality may also provide for pension, gratuity, provident fund, incentive, bonus, reward or penalty for its officers and other employees in accordance with such Rules, norms, scales and conditions as may be prescribed.

Section 40 - Leave and other conditions of service

All officers and other employees of the Municipality shall be subject to such conditions of service including leave and other benefits or obligations, not specifically provided for in this Act, as may be prescribed.