Bare ActsThe Bihar Municipal (Amendment) Act, 2011

Section 11

Amendment status not verified — confirm the current text below against the official source.

Addition of new section 27 A in the Bihar Act 11, 2007-In the said Act after 27 the following new sections shall be added, namely- “27 A- Powers and functions of the Chief Councillor- (1) The Chief Councillor shall head the Empowered Standing Committee and all the executive powers of the Municipality shall vest in the Empowered Standing Committee. The municipal administration shall function under its supervision and control and the Chief Councillor shall exercise such powers and functions as are delegated to him by the Empowered Standing Committee and conferred on him by or under this Act. (2) The Chief Councillor shall preside over the meetings of the Empowered Standing Committee as well as the Board of Councillors (3) Determine the matters to be discussed at a meeting of the Empowered Standing Committee as well as the Board of Councillors and circulate to the members of the Empowered Standing Committee as well as the Board of Councillors, as the case may be, in such manner as the Chief Councillor may determine. (4) The Chief Councillor shall, if he is of the opinion that in exceptional circumstance, immediate execution of any work is necessary and the same ordinarily requires the approval of the Board of Councillors or the Empowered Standing Committee, as the case may be, may direct the execution of such work. Provided that the Chief Councillor shall report forthwith but not later than fifteen days, to the Board of Councillors or the Empowered Standing Committee, as the case may be, the actions taken under this Section and the reasons there of. 27 B Power and function of Chief Municipal Officer- (1) The Chief Municipal Officer shall be the Principal Executive Officer of the Municipality and all officers and other employees of the Municipality shall be subordinate to 15 बहार गजट (असाधारण), 27 मई 2011 him. Powers of transfers & posting & disciplinary action against all officers and staff appointed by him under Sec.38 of this Act shall vest in the Chief Municipal Officer. (2) Subject to the supervision and control of the Empowered Standing Committee, and the provisions of this Act and of any Rules and Bye-laws made there under, executive functions for carrying on the administration of the municipality shall vest in the Chief Municipal Officer. (3) He shall be present at the meeting of the Board of Councillors, Empowered Standing Committee or of any committee except meetings convened for the purpose of considering the question of withdrawal of his service by the State Government and he shall have the right to make a statement or to explain facts, but he shall not vote for or against or make any proposition at such meeting. (4) Power, functions and duties delegated by the Municipality, the Empowered Standing Committee and under the provisions of this Act to the Chief Municipal Officer shall be exercised, discharged and performed by the Chief Municipal Officer. (5) Subject to provisions of this Act and Rules made under this Act, the Chief Municipal Officer may delegate any of his powers, duties and functions under this Act and any Rules and Bye-laws made there under to any officer subordinate to him. (6) The Chief Municipal Officer shall carry into effect every resolution of the Empowered Standing Committee or the Board of Councillor or of any Committee of the Municipality which is in conformity with provisions of law unless such resolution is set aside or suspended under this Act by the appropriate authority. (7) In the case of absence of the Chief Municipal Officer for any reason, the powers of the Chief Municipal officer as specified in the foregoing provisions of this section or elsewhere in this Act or the Rules made under this Act, shall be exercised by any officer of the Municipality as may be nominated by the Chief Councillor in this behalf till such time State Govt. makes a substitute arrangement.”

Section 11 – The Bihar Municipal (Amendment) Act, 2011 | DailyLaw.ai