BIHAR MUNICIPAL
ACT, 2007 THE BIHAR MUNICIPAL ACT,
2007 [ACT No. 11 of 2007][1] 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:? (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. 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). (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. (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. 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. 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. 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. 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. 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. (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. (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. (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
Preamble - THE BIHAR MUNICIPAL ACT, 2007PREAMBLE
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
|
Number of
Councillors/Wards |
|||
|
Population range |
Minimum |
Incremental Number |
Maximum |
|
Municipal
Corporation |
|||
|
Above 10 lakh |
67 |
One additional
Councillor for every 75,000 above 10 lakh |
75 |
|
Above 5 lakh upto
10 lakh |
57 |
One additional
Councillor for every 50,000 above 5 lakh |
67 |
|
Avove 2 lakh upto 5
lakh |
45 |
One additional
Councillor for every 25,000 above 2 lakh |
57 |
|
Municipal Councils |
|||
|
Class 'A' Municipal
Council |
42 |
One additional
Councillor for every 15,000 above 1,50,000 |
45 |
|
Class 'B' Municipal
Council |
37 |
One additional
Councillor for every 10,000 above 1 lakh |
42 |
|
Class 'C Municipal
Council |
25 |
One additional
Councillor for every 5,000 above 40,000 |
37 |
|
Nagar Panchayat |
|||
|
Nagar Panchayat |
10 |
One additional
Member for every 2,000 above 12,000 |
25 |
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.