Powers and Duties of the Chief Municipal Officer Including Custody of Records

- (1) The Chief Municipal Officer shall be responsible for the custody and maintenance of all the records of the Municipality. (2) Where any proceedings or resolution of a Municipality or of any of its committees or order of the Chairperson is inconsistent with the provisions of this Act and the rules made thereunder, it shall be the duty of the Chief Municipal Officer to tender advice to the Municipality, or committee or the Chairperson mentioning the relevant provisions of law to bring out the provisions of this Act or the rules made thereunder and record in the proceedings of the meeting of Municipality or committee or on the order of the Chairperson the fact that he had tendered such advice and thereupon put up a note of dissent on such proceedings, resolution, or as the case may be, the order and ensure the communication of the matter to the State Government or any officer authorized by it in this behalf within seven days of passing such resolution or order, or as the case may be, undertaking such proceedings. (3) If the Chief Municipal Officer knowingly neglect his duty under sub-section (2), he shall be personally liable to any loss incurred by the Municipality as a result of the proceedings, resolution or the order of the nature specified in that sub-section and such loss may be recovered from him in the same manner in which municipal dues are recovered. (4) After examining the note of dissent reported under subsection (2), the State Government or the officer authorized by it in this behalf, may make such interim or final order as he thinks fit, which shall be binding on the Municipality: Provided that if no such interim or final order is passed within a period of thirty days from the date of receipt of the dissent note, the Municipality may proceed with the proceedings or the resolution or, as the case may be, the order as if the dissent note was not put up. (5) The Chief Municipal Officer or any other officer authorised in this behalf by the State Government shall have the power, subject to the provisions of this Act and the rules made thereunder, to authenticate under his signatures all resolutions, all licences, permissions which may be granted or given by the Municipality, Committee or order of Chairperson under this Act and no licence or permission or order shall be legal and valid unless it has been so authenticated by the Chief Municipal Officer or as the case may be, by such other officer. (6) The Chief Municipal Officer shall exercise such other powers of the Municipality as the State Government may entrust him in the specified administrative exigency by a general or special order. (7) All correspondence addressed to or meant for the Municipality shall ordinarily be sent in the name of the Chief Municipal Officer but may also be sent to the Chairperson and all correspondence issued or made on behalf of the Municipality shall ordinarily be issued under the seal and signature of the Chief Municipal Officer and may also be issued under the seal and signature of the Chairperson. (8) The Chief Municipal Officer shall furnish any extract from the minutes of the proceedings of the Municipality or of any committee or other document or thing, which the officer appointed or authorized by the State Government in this behalf, calls from time to time. (9) The Chief Municipal Officer shall,- (i) take prompt steps to remove any defect or irregularity brought to his notice in the course of the audit of the municipal accounts or pointed out in the audit report; (ii) report to the Municipality all cases of fraud, embezzlement, theft or loss of municipal money or property; (iii) supply any return, statement, account or report or any other document in his charge or a copy thereof requisitioned by the Municipality; (iv) make an explanation in regard to a subject under discussion at a meeting thereof but not vote upon or make any proposition thereat; (v) carry out the policies, decisions and directions of the Municipality if not inconsistent with provisions of this Act and rules made thereunder, and take necessary measures for the speedy execution of all works and development schemes of the Municipality; (vi) discharge such other duties as may be assigned to him by or under this Act or the rules and bye-laws made thereunder; and (vii) subject to the general superintendence and control of the Chairperson, exercise supervision and control over the officers and servants of the Municipality subordinate to him.