West Bengal Municipal Service Commission Act, 2018
No: 12 Dated: Sep, 13 2018
THE WEST BENGAL MUNICIPAL SERVICE COMMISSION ACT, 2018
West Bengal Act XII of 2018
An Act to make provision for constitution of the West Bengal Municipal Service Commission for direct recruitment of personnel for prescribed categories of posts and services in the establishment of Urban Local Bodies (Municipal Corporations, Municipalities, Notified Area Authorities, Industrial Township Authorities), Development Authorities and also establishment of different Organizations under Urban Development and Municipal Affairs Department, Government of West Bengal and for matters connected therewith or incidental thereto.
Whereas it is considered expedient to make provision for constitution of West Bengal Municipal Service Commission for direct recruitment of personnel for prescribed categories of posts and services in the establishment of Urban Local Bodies (Municipal Corporations, Municipalities, Notified Area Authorities, Industrial Township Authorities), Development Authorities and also establishment of different Organizations under Urban Development and Municipal Affairs Department, Government of West Bengal and for matters connected therewith or incidental thereto;
It is hereby enacted in the Sixty-ninth Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. Short tide and commencement. - (1) This Act may be called the West Bengal Municipal Service Commission Act, 2018.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Appointing Authority" means the Authority empowered to make appointment to the candidates for any particular post in question;
(b) "Chief Executive Officers" means the Chief Executive Officers of the different Development Authorities or Organisation under Urban Development and Municipal Affairs Department, Government of West Bengal;
(c) "Chairman" means the Chairman of the Commission;
(d) "Commission" means the West Bengal Municipal Service Commission constituted under this Act;
(e) "Corporation" means a Municipal Corporation in West Bengal, by whatever name called, constituted under the relevant Municipal Corporation Act;
(f) "Development Authority" means the Development Authorities constituted under the West Bengal Town and Country (Planning and Development) Act, 1979;(West Ben. Act XIII of 1979).
(g) "Director" means the Director under the control of the Urban Development and Municipal Affairs Department, Government of West Bengal;
(h) "Public Servant" means those persons who are acting or deemed to be acting as Public Servant within the meaning of section 21 of Indian Penal (45 of 1860). Code, 1860;
(i) "Governor" means the Governor of the State of West Bengal;
(j) "Member" means a Member of the Commission and includes the Chairman;
(k) "Municipalities" means the municipalities constituted under the West Bengal Municipal Act, 1993;(West Ben. Act XXII of 1993).
(l) "Notification" means a notification published in the Official Gazette;
(m) "prescribed" means prescribed by rules made under this Act;
(n) "regulations" means the regulations made by the Commission under this Act;
(o) "Requiring Body" means those Organisations or Authorities that will send requirement for recruitment to different posts in their Organisations or Authorities to the West Bengal Municipal Service Commission;
(P) "State Government" means the Government of the State of West Bengal in the Urban Development and Municipal Affairs Department;
(q) "Secretary" means the Secretary of the Commission;
(r)"section" means a section of this Act;
(s) "Valuation Board" means the West Bengal Valuation Board constituted under the West Bengal Valuation Board Act, 1978.(West Ben. Act LVII of 1978).
3. Constitution of Commission. - (1) The State Government shall, as soon as may be after the commencement of this Act, constitute a Municipal Service Commission by the name of the West Bengal Municipal Service Commission.
(2) The West Bengal Municipal Service Commission shall consist of a Chairman and not more than three other members.
(3) The Commission shall function under the administrative control of the State Government in the Urban Development and Municipal Affairs Department.
(4) The place of sitting of the Commission and its jurisdiction shall be such as the State Government, by notification, specify.