The West Bengal Municipal Employees ( Compulsory Retirement ) Act, 1976

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act II of 1976 
THE WEST BENGAL MUNICIPAL EMPLOYEES 
(COMPULSORY RETIREMENT) ACT, 1976. 
[Passed by the West Bengal Legislature. ] 
[Assent of the Governor was first published in the Calcutta 
Gazette, Extraordinary, of the 23rd March, 1976.] 
[23rd March, 1976.] 
An Act to provide for the compulsory retirement of municipal employees 
under certain circumstances. 
WHEREAS it is expedient in the public interest to provide for the 
compulsory retirement of municipal employees under certain circumstances 
and for matters connected therewith or incidental thereto; 
It is hereby enacted in the Twenty-seventh Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Municipal 
Employees (Compulsory Retirement) Act, 1976. 
(2) It applies to all municipal employees serving in any Corporation, 
municipality, notified area and any other local authority to which the 
provisions of this Act may be extended by the State Government by 
notification in the Official Gazette. 
Short title 
and 
application. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(a) "basic pay" means the pay sanctioned for a post held by a 
municipal employee substantively or in an officiating 
capacity or to which he is entitled by reason of his position 
in a cadre, but does not include special pay granted in 
consideration of— 
(i) the specially arduous nature of the duties, or 
(ii) a specific addition to the work or responsibility, or 
(iii) the unhealthiness of the locality in which the work is 
performed, 
and any other emoluments which may be specially 
classed as pay by any Corporation, municipality, 
notified area or any other local authority to which the 
provisions of this Act may be extended or pay granted 
in view of personal considerations or qualifications; 
3 
The West Bengal Municipal Employees (Compulsory 
Retirement) Act, 1976. 
[West Ben. Act 
Compulsory 
retirement of 
any 
municipal 
employee. 
Power to 
make rules 
(Sections 3, 4.) 
(b) "Corporation" includes the Corporation of Calcutta 
constituted under the Calcutta Municipal Act, 1951 and the 
Municipal Corporation of Chandernagore established under 
the Chandernagore Municipal Act, 1955; 
(c) "municipality" includes any municipality constituted under 
the Bengal Municipal Act, 1932, and the Garden Reach 
Municipal Act, 1932 and the Town Committee constituted 
under the Cooch Behar Town Committee Act, 1903; 
(d) "municipal employee" means an officer, servant or any 
other employee by whatever name called serving in any 
Corporation, municipality, notified area or any other local 
authority to which the provisions of this Act are extended by 
the State Government by notification under sub-section (2) 
of section 1; 
(e) "notified area" means an area constituted as such by 
notification under section 93A of the Bengal Municipal 
Act, 1932; 
(f) "prescribed" means prescribed by rules made under this 
Act. 
3. Notwithstanding anything contained in any law for the time 
being in force or in any contract, express or implied, or in any custom 
or usage, to the contrary, any municipal employee whose basic pay 
exceeds two hundred and fifty rupees per month and who has reached 
the age of fifty years may,— 
(1) by an order, be compulsorily retired by the appointing authority 
without assigning any reason whatsoever, by serving three months' 
notice upon him in the prescribed manner or by giving him three 
months' wages in lieu of such notice: 
Provided that no order shall be passed by an appointing authority 
under this section without obtaining, in such manner as may be 
prescribed, the prior approval of the State Government; 
(2) by serving three months' notice in writing to the appointing 
authority and without assigning any reason whatsoever retire 
from service. 
4. (1) The State Government may, by notification in the Official 
Gazette, make rules for carrying out the purposes of this Act. 
West Ben. 
Act XXXIII 
of 1951. 
West Ben. 
Act XVIII of 
1955. 
Ben. Act XV 
of 1932. 
Ben. Act III 
of 1932. 
Conch Behar 
Act IV of 
1903. 
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The West Bengal Municipal Employees (Compulsory 
Retirement) Act, 1976. 
II of 1976.) 
(Section 5.) 
(2) Without prejudice to the generality of the foregoing power such 
rules may provide for all or any of the matters which may be or has to be 
prescribed. 
5. (1) The West Bengal Municipal Employees (Compulsory 
West Ben. Retirement) Ordinance, 1975, is hereby repealed. Ord. XXII of 
1975. 
(2) Anything done or any action taken under the West Bengal Municipal 
Employees (Compulsory Retirement) Ordinance, 1975, shall be deemed 
to have been validly done or taken under this Act as if this Act had 
commenced on the 27th day of December, 1975. 
Repeal and 
savings. 
    
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