Chapter IV CHIEF MUNICIPAL OFFICER AND STAFF OF MUNICIPALITY

1. (1) The State Government may, for the purpose of providing officer to the Council under Section 87 or 88, constitute in the prescribed manner, the following Municipal Services for the State to be called-
   • (a) State Municipal Service (Executive)
   • (b) State Municipal Service (Health) and
   • (c) State Municipal Service (Engineering)
2. (2) The State Government may make rules in respect of recruitment, qualification, appointment, promotion, leave, scale of pay all allowances by whatever name called , loans pension, gratuity, annuity, compassionate fund, provident fund, dismissal, removal conduct, departmental punishment, appeals and other service conditions of the members of the State Municipal Service.
3. (3) The salary allowances, gratuity, annuity, pension and other payments required to be made to the members of the State Municipal Service in accordance with the conditions of their service shall be a charge on the Municipal fun: Provided that in the event of transfer of a member of the State Government may, by rules, prescribe.
4. (4) The State Government may transfer any member of the State Municipal Service from one Council to another Council.
5. (5) If, at a special meeting convened for the purpose , the Council passes a resolution by a majority of more than one-half of the Elected Councillors constituting the Council for the time being requiring the transfer of a member of the State Municipal Service, the State Government may transfer such member.

(1) There shall be a Chief Municipal Officer to every Council who shall be the principal executive officer of the Council and all other officers and servants of the Council shall be subordinate to him.

1. (2) The Chief Municipal Officer of a Council shall be a member of the State Municipal Service (Executive) and shall be appointed by the State Government.

(1) Every Council having an annual income of five lacs of rupees or more shall have a Health Officer and an Engineer for the efficient discharge of its duties.(2) The Health officer and the Engineer shall be members of the State Municipal Service (Health and Engineering respectively) and shall be appointed by the state Government.

(1) Pending the constitution of the State Municipal Service under sub-section (10 of section 86 or when no member of such service is available for appointment as Chief Municipal Officer, Health Officer or Engineer, as the case may be, the State Government may depute an officer of Government or appoint any person qualified to be a member of such service to act as Chief Municipal Officer, Health Officer or Engineer, as the case may be. (1-A) The State Government shall have all powers of control over the persons appointed under sub-section (1) and may transfer any person appointed thereunder from one Council to another. The Madhya Pradesh* Municipalities Act, 1961 *छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."। (2) The State Government may, on its own motion or if at a special meeting of the Council more than one-half of the Elected Councillors, vote in favour of a resolution to that effect withdraw the services of the Chief Municipal Officer, Health Officer, or Engineer, as the case may be, who is an officer of the State Government and has deputed to the Council under sub-section (1).

appoint any person qualified to be a member of such service to act as Chief Municipal Officer,

Health Officer or Engineer, as the case may be. (1-A) The State Government shall have all powers of control over the persons appointed under sub-section (1) and may transfer any person appointed thereunder from one Council to another.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (2) The State Government may, on its own motion or if at a special meeting of the Council more than one-half of the Elected Councillors, vote in favour of a resolution to that effect withdraw the services of the Chief Municipal Officer, Health Officer, or Engineer, as the case may be, who is an officer of the State Government and has deputed to the Council under sub-section (1).

Government may grant leave of absence to the Chief Municipal Officer.

1. (2) During any absence on leave of the Chief Municipal Officer for a period exceeding thirtyn days at a time the State Government may appoint a person to act as the Chief Municipal Officer.
2. (3) During any absence on leave of the Chief Municipal Officer fior a period not exceeding thirty days at a time, the State Government may make such local arrangement for carrying on the duties and functions of the Chief Municipal Officer as may be necessary.
3. (4) Every person appoint under sub-section (2) or (3) shall exercise all powers conferred, and perform the duties imposed, on the Chief Municipal Officer by or under this Act or by or under any enactment for the time being in force and shall be subject to the same liabilities, restrictions and conditions to which the Chief Municipal Officer is liable.

The provisions of section 90 shall apply in case of a Health Officer and an Engineer, as they apply in the caase of a

Special function of Chief Municipal Officer.--

1. (1) The Chief Municipal Officer shall-
   • (a) Subject to the general control of the President, watch over the financial and executive administration of the Council and perform all the duties and exercise all the powers specially imposed or conferred upon him, by or delegated to him, under this Act.
   • (b) give effect to the decisions taken, in accordance with the provisions of this Act and the rules or bye-laws made thereunder by the Council and submit periodical reports, if the Council so directs regarding the progress made in respect thereto.
2. (2) Any of the powers, duties or functions conferred or imposed upon or vested in the Chief Municipal Officer by this Act may be exercised, performed, or discharged under the Chief Municipal Officer's control and subject to his superintendence to such conditions and limitations.

Council may require Chief Municipal Officer to produce documents.--

1. (1) The Council may, at any time, require the Chief Municipal Officer:--
   • (a) to produce, any record, correspondence, plan or other document which is in his possession or under his control as Chief Municipal Officer or which is recorded or filed in his office or in the office of any Municipal Officer or servant subordinate to him: Provided that if the Chief Municipal Officer is of the opinion that the production of any correspondence will not be in the public interest or in the interest of the municipal

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

administration, he shall forward the requisition alongwith his opinion to the prescribed authority and the decision of the prescribed authority thereon shall be final.

1. (b) to furnish any return, plan, estimate, statement, account or statistics, concerning or connected with any matter appertaining to the administration of this Act or the Municipal Government.
2. (c) to furnish a report by himself, or to obtain from the head of a department subordinate to him and furnish, with his own remarks thereon. a report upon any subject concerning or connected with the administration of this Act or the Municipal Government.

1. (2) Every such requisition shall be complied with by the Chief Municipal Officer without unreasonable delay and it shall be incumbent on every Municipal Officer and servant to obey any order made by the Chief Municipal Officer in pursuance of any such requisition.

(1) Every Council having an annual income of five lacs of rupees or more shall subject to rules framed under Section 95, appoint a Revenue Officer and an Accounts Officer and may appoint such other officers and servants as may be necessary and proper for the efficient discharge of its duties. (2) Every Council not falling under sub-section (10 shall, subject to rules framed under section 95, appoints a Sanitary Inspector, a Sub-Engineer, a Revenue Inspector and an Accountand may appopint such other officers and servants as may be necessary and proper for the efficient discharge of its duties: Provided that such Council may appoint a part time Health Officer or an Engineer on such terms and conditions as the State Government may approve in this behalf. (3) The State Government may- (i) in case of any Council, relax the provisions of such-section (1) or sub-section (2), as the case may be, subject to such conditions as it may think fit to impose; or (ii) grant permission to any Council to appoint whether termporaily orn otherwise one person to discharge the duties of any two or all such officers. (4) The appointment of Revenue Officer, Accounts Officer, Sanitary Inspector, Sub-Engineer, Revenue Inspector and Accountant shall be subject to conformation by the State Government and no such post or the post of any other officer or servant as may be specified by the State Government in this behalf shall be created or abolished and no alteration in the emoluments thereof shall be made without the previous approval of the State Government, and every appointment to, and dismissal from, such post, shall be subject to a like approval. (5) No order of suspension for a period exceeding one month shall be passed against any officer mentioned inj or specified under sub-section (1) and no resignation tendered by any such officer shall be accepted without previous approval of the State Government. (6) Unless the State Government otherwise directs the power of appointing Municipal officers and servants other than those mentioned in or specified under sub –section (4) shall vest in the President-in-Council. (7) The State Government may transfer any officer or servant of a Council mentioned in sub- sections (1) and (2) and in receipt of total emoluments exceeding one hundred rupees to any other Council. (8) The State Government may prescribe the classes or grades of officers and servants who shall have the right to appeal from any decision of the Chief Municipal Officer the President-in- Council, the prescribed authority or any other authority empowered in this behalf, inflicting any departmental punishment other than censure. The Madhya Pradesh* Municipalities Act, 1961 *छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."। (9) The authority hearing an appeal made under sub-section (8) shall have power to set aside or reduce the punishment against which the appeal is preferred.

1. (2) Every Council not falling under sub-section (10 shall, subject to rules framed under section 95, appoints a Sanitary Inspector, a Sub-Engineer, a Revenue Inspector and an Accountand may appopint such other officers and servants as may be necessary and proper for the efficient discharge of its duties: Provided that such Council may appoint a part time Health Officer or an Engineer on such terms and conditions as the State Government may approve in this behalf.
2. (3) The State Government may-
   • (i) in case of any Council, relax the provisions of such-section (1) or sub-section (2), as the case may be, subject to such conditions as it may think fit to impose; or
   • (ii) grant permission to any Council to appoint whether termporaily orn otherwise one person to discharge the duties of any two or all such officers.
3. (4) The appointment of Revenue Officer, Accounts Officer, Sanitary Inspector, Sub-Engineer, Revenue Inspector and Accountant shall be subject to conformation by the State Government and no such post or the post of any other officer or servant as may be specified by the State Government in this behalf shall be created or abolished and no alteration in the emoluments thereof shall be made without the previous approval of the State Government, and every appointment to, and dismissal from, such post, shall be subject to a like approval.
4. (5) No order of suspension for a period exceeding one month shall be passed against any officer mentioned inj or specified under sub-section (1) and no resignation tendered by any such officer shall be accepted without previous approval of the State Government.
5. (6) Unless the State Government otherwise directs the power of appointing Municipal officers and servants other than those mentioned in or specified under sub –section (4) shall vest in the President-in-Council.
6. (7) The State Government may transfer any officer or servant of a Council mentioned in sub- sections (1) and (2) and in receipt of total emoluments exceeding one hundred rupees to any other Council.
7. (8) The State Government may prescribe the classes or grades of officers and servants who shall have the right to appeal from any decision of the Chief Municipal Officer the President-in- Council, the prescribed authority or any other authority empowered in this behalf, inflicting any departmental punishment other than censure.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (9) The authority hearing an appeal made under sub-section (8) shall have power to set aside or reduce the punishment against which the appeal is preferred.

The State Government may make rules in respect of qualification recruitment , leave, scale of pay, all allowances by whatever name called, loans, pension, gratuity, compassionate fund, provident fund, annuity. Dismissal, removal conduct and other departmental punishment and appeal and service conditions for municipal employees other than a member of the State Municipal service.

employed under this Act shall-

1. (a) except in accordance with a special or general order of the Council, communicate directly or indirectly the contents of any official documents or information to any member of the Council or to any member of the general public;
2. (b) own, wholly or in part, or conduct the management of any newspaper of other periodical publication except in the discharge of his official duties;
3. (c) take part in or subscribe in aid of, or assist in any way, any political movement or organization carried on or run in any part of India or elsewhere relating to the affairs of India;
4. (d) canvass or otherwise interfere or use his influence in connection with, or take part in any election to a legislative body or local authority otherwise than in the exercise of his vote or in the discharge of any duty assigned to him officially.

1. (2) If such officer or servant contravenes any provision of sub-section (1) he shall be liable to any punishment prescribed by rul;es under Section 95.
2. (3) If any question arises as to whether a movement or organization is political or n ot for the purposes of this section, the question shall be referred to the State Government whose decision shall be final.

Council shall be personally liable for the loss, waste, misapplication or misappropriation of any money or other property (held for the administration of the Council). If such loss or waste or misapplication or misappropriation is a direct consequence of the neglect or misconduct in his capacity as servant of the Council, and suit for compensation for the same may be institute against him, as if the money or the property had belonged to the State Government.

(1) No person shall be eligible for employment as a Municipal officer or servant if he- (a) has, directly or indirectly, by himself or his partner, any share or interest in any contract or employment with , by or on behalf of the Council, other than an interest in land held on a lease from the Council, or is a Director, Secretary, Manager or other salaried officer of an incorporated company which has any such share or interest; or (b) has acted or is acting professionally in relation to any matter on behalf of any person having therein any such share or interest as aforesaid. (2) If at any time subsequent to anyb appointment it comes to the notice of the Council that any Municipal officer or servant was not eligible for employment under sub-section (1) on the date of his appointment, the Council may, terminate has service: The Madhya Pradesh* Municipalities Act, 1961 *छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."। Provided that no order under this sub-sections shall be passed until reasonable opportunity has been given to the person concerned to furnish his explanation. (3) Nothing in the foregoing sub-sections shall apply to any such share or interest as is specified in the explanation below Section 35.

1. (a) has, directly or indirectly, by himself or his partner, any share or interest in any contract or employment with , by or on behalf of the Council, other than an interest in land held on a lease from the Council, or is a Director, Secretary, Manager or other salaried officer of an incorporated company which has any such share or interest; or
2. (b) has acted or is acting professionally in relation to any matter on behalf of any person having therein any such share or interest as aforesaid.

1. (2) If at any time subsequent to anyb appointment it comes to the notice of the Council that any Municipal officer or servant was not eligible for employment under sub-section (1) on the date of his appointment, the Council may, terminate has service:

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

Provided that no order under this sub-sections shall be passed until reasonable opportunity has been given to the person concerned to furnish his explanation.

1. (3) Nothing in the foregoing sub-sections shall apply to any such share or interest as is specified in the explanation below Section 35.

Officer or servant who knowingly acquires, directly or indirectly any share or interest in any contract or except in so far as concerns his own employment as Municipal officer or servant, not

being a share or interest such as, under clause (i) of section 35, it is permissible for a person to

have without being thereby disqualified for being an officer or servant of such Council, shall be liable to be punished with fine which may extend to five hundred rupees.

99-A. Essential municipal officers and servants.- No essential municipal officer or servant shall-

1. (a) Unless he is authorized in that behalf by the terms of his contract, resign his appointment or quit his employment without giving a notice in writing of not less than one month to the authority appointing him, of his intention so to do; or
2. (b) absent himself from duty otherwise than on leave duly granted and not subsequently cancelled; or
3. (c) neglect or refuse to perform any of the duties or willfully perform them in an inefficient manner. 99-B. Power of Government to declare emergency.- If the Government is of the opinion that

stoppage of the cessation of the performance of any of the essential services will be prejudicial

to the safety or health or the maintenance of services essential to the life of the community in the municipality, it may, by notification, declare that an emergency exist in the municipality and that in consequence there of no member of such of the essential municipal services and for such period as may be specified in the notification shall, notwithstanding any law for the time being in force or any agreement:-

1. (a) withdraw or absent himself from his duties otherwise than on leave duly granted ; or
2. (b) neglect or refuse to perform his duties or willfully perform them in and inefficient manner. 99.C. Punishment for contravention of Section 99-A and 99-B:-

1. (1) Any essential municipal officer or servant contravening any of the provisions of Section 99- A and 99-B shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.
2. (2) An offence punishable under sub section(1) shall be cognizable and the provisions of the Code of Criminal procedure 1898(No. 5 of 1898), with respect to the cognizable offence shall as far as may be, apply thereof.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।