Chapter III Chapter III

Town Area Budget

Town Area Budget.--Every Town Area Committee shall submit for sanction to the Government a budget of income and expenditure for the ensuing year.

Employment of officers and servants.--Every Committee may appoint a Secretary and such other officers and servants as are necessary for the purposes of this Act and may fix their salaries as the Government may determine from time to time : Provided that the power of appointing officers and servants shall vest in the Committee and the Government may from time to time by rules regulate the same. [x x x x]

1. (2) Rules to regulate the exercise of these powers, the salaries, allowances and conditions of service, rules of appeal, etc., shall be made by the Government. (3)
   • (a) In the absence of a written contract, no officer or Servant employed by a Committee shall be entitled to one month's notice before discharge or to one month's salary in lieu thereof unless he is discharged during a period of probation or for misconduct or is engaged for a specified term and discharged at the end of such term.
   • (b) Should any officer or servant employed by a Committee, in the absence of a written contract authorising him to do so, terminate for reasonable cause resign his employment without giving the Committee at least one month's notice to the Chairman, he shall be liable to forfeit a sum not exceeding one month's wages as may be determined by the Chairman and if no wages are due to him or if no wages of less than one month are due to him, he shall be liable to a penalty not exceeding a sum or an amount equal to the difference between one month's wages and the wages due to him.
   • (c) Should any sweeper employed by a Committee in the absence of a written contract authorising him to do so, terminate his employment or absent himself from his duties without giving one month's notice to the Committee or neglect or refuse to perform any of them, he shall be liable to pay such penalty as the Committee may determine not exceeding a sum equivalent to the amount which he would have earned had he one month's pay.
2. (4) With the sanction of the Government the Committee may give an extraordinary pension or gratuity :--
   • (a) to any officer or servant injured in the performance of his duty as such officer or servant ;
   • (b) to the family of any officer or servant who is killed or meets his death in the performance of his duty as such officer or servant.
3. (5) A pension, gratuity or annuity shall not exceed the sum to which under general or special orders of the Government for the time being in force, such officer or servant or his widow, would be entitled if the service had been service under the Government.
4. (6) If a person serving or having served under a Committee has been or is transferred from or to the service of Government or is partly employed by the Government and partly by a Committee, the Committee shall contribute to his pension and leave allowance to the extent required by the rules in force for the time being made by the Government in this behalf.
5. (7) If an officer or servant of a Committee is a Government official, the Committee may--
   • (a) if his services are wholly lent, contribute to his pension and leave allowance in accordance with any general or special orders of the Government in force for the time being;
   • (b) grant him leave, absentee or acting allowance.
6. (8) The Committee may, with the previous sanction of the Government, pay pensions, gratuities, contribute to Provident Fund to its whole time officers and servants according to such rules as may be sanctioned by the Government in this behalf.

A. Notwithstanding anything to the contrary contained in this Act or in any other law, rule, bye-law for the time being in force, the Minister Incharge, Local Self Government shall have the power and shall be deemed always to have had the power of transferring officers and servants from one Town Area Committee to another Town Area Committee, from a Town Area Committee to a Municipal Council or a Notified Area Committee and from a Town Area Committee to a Department of the Government and vice versa:

Appointment and control of temporary staff Appointment and control of temporary staff.--In case of an emergency involving grave risk of life or property, the Town Area Committee shall be competent to engage such temporary staff as may be required to meet the emergency and in such case the provisions of section 14 shall not apply to such temporary staff if it is for a short period.

Interest of member and town area servant.--No member or servant of a Committee shall legally or equitably acquire any interest in any contract made with that Committee and any person who does so, and any person who abets him in doing so, shall be liable to be removed from his office or dismissed, as the case may be, unless he has previously obtained the permission of the Government to do so.

Town area servant to be deemed public servant.--Every servant employed by the Committee, whether for the collection of a tax or fee or otherwise, shall be deemed to be a public servant within the meaning of section 21 of the Ranbir Penal Code.