ESTABLISHMENT
41. Appointment of Executive Officers.—(1) There shall be an Executive Officer of every Nagar
Panchayat or Council, as the case may be, who shall also function as Secretary to the Nagar Panchayat or
Council, as the case may be, and all other officers and employees of the Nagar Panchayat or Council, as
the case may be, shall be subordinate to him.
(2) A Nagar Panchayat or Council, as the case may be, shall appoint an Executive Officer with the
concurrence of the State Government and the State Government may, if any particular Nagar Panchayat
or Council, as the case may be, does not make such appointment, appoint any person as such officer in
respect of that Nagar Panchayat or Council, as the case may be.
(3) A Nagar Panchayat or Council, as the case may be, may in addition to the Executive Officer, also
appoint other officer to assist the Executive Officer with the concurrence of the State Government.
42. Main functions of the Executive Officer.—The Executive Officer shall,—
(a) subject to the general control of the Chairperson, watch over the financial and executive
administration of the Nagar Panchayat or Council, as the case may be, and perform all the duties and
exercise all the powers imposed or conferred upon him, by or delegated to him under this Act and
rules and bye-laws framed thereunder; and
(b) give effect to the decision taken by the Nagar Panchayat or Council, as the case may be, and
submit periodical reports, if the Nagar Panchayat or Council, as the case may be, so directs, regarding
the progress made in respect thereof.
43. Appointment of Health Officer, Revenue Officer and Engineer.—(1) Every Nagar Panchayat
or Council, as the case may be, shall have a Health Officer, a Revenue Officer and an Engineer for the
efficient discharge of its functions and duties.
(2) The Nagar Panchayat or Council, as the case may be, shall appoint a Health Officer, a Revenue
Officer and the Engineer with the concurrence of the State Government.
44. Power of Nagar Panchayat and Council to determine strength of its employees.—(1) Except
as provided in sections 41 and 43 and subject to the approval of the State Government, a Nagar Panchayat
or a Council may, by a special resolution determine the category and strength of employees required by it,
for discharge of its functions and duties.
(2) Notwithstanding anything contained in section 71, the expenditure incurred on the establishment
of Nagar Panchayat or a Council shall be paid out of the Municipal Fund.
45. Power of Nagar Panchayat and Council to appoint its officers and employees.—Subject to
the provisions contained in sections 41 and 43 a Nagar Panchayat or a Council shall have power to
appoint its officers and employees:
Provided that the Chairperson may fill up such non-technical posts in the Grades III and IV in such
manner as may be laid down in bye-laws framed in this behalf.
46. Disciplinary action against employees of Nagar Panchayat and Council and conditions of
their services, etc.—(1) An employee of a Nagar Panchayat or a Council who is aggrieved by an order of
the Chairperson in a disciplinary proceeding against him shall have right to appeal to the Nagar Panchayat
or the Council within thirty days from the date of service of such order on him.
(2) An employee who is aggrieved by an order of the Nagar Panchayat or the Council may prefer an
appeal to the State Government against such an order within sixty days from the date of service of such
order:
Provided that no appeal against an order other than an order for removal or dismissal shall lie to the
State Government.
(3) Subject to the provisions of this Act, the disciplinary action, conditions of the service and
qualifications in respect of the employees of a Nagar Panchayat or a Council shall be the same as
applicable to the employees of the State Government, from time to time.
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47. Gratuity and pension.—The rules relating to gratuities and pensions applicable to the employees
of the State Government shall apply to the employees of the Nagar Panchayat or, as the case may be, the
Council and shall be paid out of the Fund of the Nagar Panchayat or, as the case may be, of the Council.
48. Power to make rules.—The State Government may make rules regarding the appointment,
salaries, condition of services, powers, duties and functions of the Executive Officer, other officers and
employees of the Nagar Panchayat or the Council and other relevant matters connected thereof:
Provided that no disciplinary action shall be taken against the Executive Officer except with the
approval of the State Government.