(1) The Chairman shall be the executive head of the municipal administration and shall exercise control over all officers and employees in the matter of discipline.
(2) The Chairman may delegate his power to any other member of the Chairman-in-Council or an officer of the Municipality in such manner as he may specify by an order.
(3) The punishment for breach of discipline may include dismissal from service, reduction in rank, withholding of increment, suspension including suspension pending proceedings, fine and censor.
(4) In all disciplinary matters involving dismissal from service and reduction in rank, an appeal shall lie before the Board of Councillors from an order passed by the Chairman or his delegate and, in all other cases, the appellate authority shall be the Chairman or his delegate.
(5) The State Government may by rules provide for the norms of conduct of the officers and employees of the Municipalities and such other matters regarding discipline and control as it may think fit.
Enlargement of municipal establishment and recruitment.
Classification, control and appeal.
62. Notwithstanding anything contained elsewhere in this Act, the Appoint- State Government may, if it considers necessary for the purpose of ment of Pay rationalising the scale of pay and other terms and conditions of service , Igvnilew ttee.
including leave and retirement benefits, in respect of all or any category of municipal officers and employees, appoint a Pay Review Committee, and the decision of the State Government upon the recommendations of such Committee shall be binding on all.
235 The West Bengal Municipal Act, 1993.
[West Ben. Act (Pan II.—The Municipal Areas.—Chapter VL— Powers and Functions.—Section 63.)
CHAPTER VI Powers and Functions Obligatory 63. It shall be the obligatory duty of every Municipality to make functions. reasonable and adequate provision for the following matters within the territorial limits of the municipal area and the financial means at its disposal:—
(1) in the sphere of puplic works,—
(a) providing by itself or by an agency, means for supply of water for public and private purposes;
(b) construction, maintenance and cleansing of sewers and drains, sewerage and drainage works;
(c) construction, maintenance and cleansing of public latrines, urinals and similar conveniences;
(d) construction, maintenance, alteration and improvement of public streets and street furniture, bridges and culverts, fly-overs, sub-ways, cause-ways and the like;
(e) naming of streets and numbering of premises;
(f) lighting of public streets and other public places;
(g) planting and care of trees on road-side and elsewhere;
(h) construction and maintenance of municipal markets and slaughter houses and the regulation of all markets and slaughter houses;
(i) maintenance of all monuments vested in the Municipality;
(2) in the sphere of public health and sanitation,—
(a) collection, removal and disposal of solid wastes including filth, rubbish and other obnoxious or polluted matters;
(b) disposal of solid and liquid wastes consistent with efforts to cause recovery and re-use of all that can be salvaged;
(c) reclamation of unhealthy localities, removal of noxious vegetation and abatement of all nuisances;
(d) regulating and abating offensive and dangerous trades or practices;
(e) cleansing of public streets and other public places;
(f) ensuring the wholesomeness of water supplied for drinking and domestic purposes;
(g) maintenance of all public tanks and regulating the reexcavation, repair and up-keep of all private tanks, wells and other sources of water supply on such terms and conditions as the Municipality may deem proper;
236 The West Bengal Municipal Act, 1993.
XXII of 1993.]
(Part IL—The Municipal Areas.—Chapter VL— Powers and Functions.—Section 63.)
(h) provide for places for the disposal of the dead and the regulation and maintenance of such places;
(i) measures for preventing and checking the spread of dangerous diseases;
(j) immunisation including public vaccination and inoculation;
(k) removal and disposal of the unclaimed dead bodies and carcasses of all dead animals;
(I) abatement of nuisances from birds and animals including dog menace;
(m) conversion of all service privies into sanitary latrines and providing adequate facilities for sanitation so that open defecation may be completely done away with;
(3) in the sphere of town planning and development,—
(a) devising town planning within the limits of the municipal area in accordance with the laws relating to town planning for the time being in force;
(b) planned development of the borders of the municipal area in accordance with the laws applicable for the purpose;
(c) improvement of bustees;
(d) control of regular lines of streets;
(e) control of all building operations and regulation of building uses;
(1) co-ordination of all overground rights enjoyed by service agencies;
(g) co-ordination of activities of agencies relating to laying and maintenance of underground pipelines, tubes, cables and the like;
(h) laying out and maintenance of public parks, squares, gardens or recreation areas;
(i) re-development of congested areas for providing better living conditions;
(j) planned development of new areas for human settlement;
(k) preservation of monuments and places of historical, artistic and other importance;
(I) measures for beautification of the township by setting up fountains and statues, providing recreational areas, improving river banks, landscaping and the like;
237 The West Bengal Municipal Act, 1993.
[West Ben. Act (Pan IL. TheMunicipal Areas.—Chapter VL— Powers and Functions.—Section 64.)
(4) in the sphere of administration,—
(a) survey of buildings and lands and preparation and maintenance from time to time of survey maps and plans of the town and other records relating to survey;
(b) removal of unauthorised encroachment on, or obstruction and projections in or upon, streets, bridges and other public places;
(c) securing or removal of dangerous buildings and places;
(d) registration of births and deaths;
(e) providing boundary marks for the municipal areas;
(f) drawing up an Annual Administration Report on the activities and performances of the Municipality and submission, in the manner prescribed, of such report to the State Government;
(g) compilation and maintenance of records and statistics relating to the administrative functions of the Municipality;
(h) maintenance and development of all properties vested in or entrusted with the management of the Municipality;
(i) checking the construction of unauthorised buildings and pulling down unlawful constructions;
(j) ensuring the stoppage of wastage of water supply and other civic facilities;
(k) protecting public properties in general and civic properties in particular;
(1) adatement of pollutions of all kinds;
(m) preventive measures against fire and assistance to fire extinction;
(n) providing for adequate training facilities for the municipal employees and equiping and motivating them for public service;
(o) observance of occasions of national importance.
Discretionary functions of the Municipality.
64. A municipality may, at its discretion, provide, either wholly or partly, out of the municipal property and fund, for the following matters within the limits of the municipal area:—
(1) in the sphere of public works,—
(a) giving relief to, and establishing and maintaining, in time of famine or scarcity, relief works for, destitute persons within the limits of the municipal area;
238 The West Bengal Municipal Act, 1993.
XXII of 1993.]
(Part IL—The Municipal Areas.—Chapter VL— Powers and Functions.—Section 64.)
(b) construction or maintenance of, or providing or giving aids for, passengers' sheds, libraries, museums, community halls, offices, godowns, shops, markets, dharmashalas, rest houses, sports complex, place of entertainment, swimming pools, public wash houses and bathing places and homes for the disabled and destitute and other public buildings designed for convenience of the community;
(c) construction and maintenance of old age homes and orphanages, domiciliary care of the, sick, orphan, destitute and aged people;
(d) construction or maintenance of, or providing aids to, hospitals, dispensaries, asylums, rescue homes, maternity houses, and child welfare centres;
(e) construction, purchase, organisation, maintenance, extension and management of mechanically propelled transport facilities for the conveyance of the public;
(f) construction, maintenance, repair, and purchase of any works for the supply of electrical energy or gas;
(g) construction of dwellings for the inhabitants, specially low-cost dwellings for the socially backward classes of citizens;
(h) providing accommodation for all classes of employees of the Municipality;
(2) in the sphere of education,—
(a) establishing and maintaining pre-primary schools such as balwadies and creches;
(b) promotion of civic education, adult education, social education, non-formal education and the like;
(c) promotion of cultural activities including music, physical education, sports and theatres;
(d) advancement of science and technology in the way of life;
(e) advancement of civic consciousness of public health and general welfare by organising discourses, seminars and conferences;
(0 publication of municipal journals, periodicals and souvenirs, purchase of books, and subscriptions to journals, magazines and newspapers;
(3) in the sphere of public health and sanitation,—
(a) construction and maintenance of cattle pounds;
(b) provision for unfiltered water-supply for non-domestic uses;
239 The West Bengal Municipal Act, 1993.
[West Ben. Act (Part IL—The Municipal Areas—Chapter VL— Powers and Functions.—Section 64.)
(c) promotion of the use of bio-gas and other non conventional energy sources;
(d) provision for sewage treatment and preparation of compost manures from sewage and other refuse;
(e) abatement of smoke nuisances;
(f) setting up of milk dairies or farms (but not khatals) for supply, distribution and processing of milk or milk products for the benefit of the people;
(g) ambulance service for carrying patients;
(4) in the sphere of administration,—
(a) civic reception to persons of distinction and paying homage on death to persons of repute;
(b) installation of statues, portraits and pictures in appropriate manner;
(c) organisation and management of fairs and exhibitions;
(d) organisation, establishment and maintenance of art galleries and botanical or zoological collections;
(e) construction and maintenance of garages and sheds and stands for vehicles;
(f) measures for eradication of addiction of all kinds like liquors and drugs;
(g) organising voluntary labour and co-ordinating the activities of voluantary agencies for community welfare;
(5) in the sphere of development,—
(a) encouraging formation of co-operative societies and, in particular, housing co-operative societies, and assistance to such co-operative societies in construction of residential buildings;
(b) providing shelter for the homeless;.
(c) undertaking manufacturing of building materials and their distribution at fair prices;
(d) reclamation of waste lands and promotion of social forestry;
(e) establishing and maintaining nurseries for plants, vegetables and trees and promotion of greenery through mass participation;
(f) organisation of flower-shows and promotion of flowergrowing as a civic culture;
(g) promotion of agriculture, pisciculture, horticulture, poultry and improvement of cattle breed;
(h) assistance to small-scale and cottage and craft industries;
240 The West Bengal Municipal Act, 1993.
XXII of 1993.]
(Part IL—The Municipal Areas.—Chapter VI.— Powers and Functions.—Section 65.)
(i) programme for liberation and rehabilitation of scavengers and their families;
(j) income-generating activities, particularly for the women belonging to the socially backward classes of citizens;
(k) collection of statistics and data significant to the community;
(1) integration of the development plans and schemes of the town with the district or regional development plan, if any;
(6) generally, taking all measures not specified in the foregoing provisions of this section, which are likely to promote public safety, health, convenience, education or welfare of the community.