Vidhi Codex

section 306

Appointment of Executive Officers/Secretaries in municipalities.

The Jammu and Kashmir Municipal Act, 2000
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Statutory text
  1. (1) There shall be an Executive Officer in each Municipal Council, Municipal Committee and a Secretary in those municipalities as the Government may describe, who shall be appointed by the Government and shall be governed by such conditions of service as may be prescribed by rules under this Act.
  2. (2) It shall be the duty of the Executive Officer and the Secretary, as the case may be, to assist the President of the Municipal Council or Municipal Committee, as the case may be, in the discharge of their functions under this Act or any other law for the time being in force.
  3. (3) Save as otherwise expressly provided by or under this Act, the officer referred to in sub-section (1) shall––
    • (a) exercise all the powers specifically imposed or conferred upon him by or under this Act or under any other law for the time being in force ;
    • (b) lay down the duties of and supervise and control officers and officials holding office under the municipality in accordance with the rules made by the Government ;
    • (c) supervise and control the execution of all works of the municipality ;
    • (d) take necessary measures for the speedy execution of all works and developmental schemes of the municipality ;
    • (e) have custody of common seal and all papers and documents connected with the proceedings of the meetings of the municipality and of its Standing Committees and other Committees ;
    • (f) draw and disburse money out of the municipal fund with the approval of President ;
    • (g) exercise such other powers and discharge such other functions as may be prescribed ;
    • (h) attend every meeting of the municipality and shall have the right to attend the meeting of any committee thereof and to take part in the discussion but shall not have the right to move any resolution or to vote. If in his opinion any proposal before the municipality is violative of or inconsistent with the provisions of this Act or any other law, rule or order made thereunder, it shall be his duty to bring the same to the notice of the Government.
  4. (4) Every person in possession of moneys, accounts, records or other property pertaining to a municipality shall on the requisition for this purpose in writing of the officer referred to in sub-section (1) forthwith hand over such moneys or deliver up such accounts, records or other property to the said officer or the person authorised in the requisition to receive the same.
  5. (5) The Executive Officer shall bring to the notice of the municipality any act or resolution of the municipality which may be in violation of any Government instructions or the provisions of this Act ; provided that if such act or omission or the directions of the Government or the provisions of this Act, as the case may be, is not rectified within 15 days of the communication, it shall be the duty of the Executive Officer to bring such omission or violation to the notice of the Government.

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