Architect, Engineer appointed by municipal council
Vikram Patil
(Querist) 03 April 2016
This query is : Resolved
Dear experts,
Does the artichect engineer appointed on the panel of municipal councils come under the definition of "officers and servants" of Maharashtra Municipality Act 1965 ?
Rajendra K Goyal
(Expert) 03 April 2016
academic query, state facts of the problem if any.
Vikram Patil
(Querist) 04 April 2016
Dear experts, Municipality has appointed an architect engineer on it's panel. He made an estimate for construction work. Later while being on panel he was given the tender of the said work. Section 94 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Township Act,1965 puts the legal bar on the officers and servants of municipality to take the tender. So on these facts can it be said that such engineer is officer or servant of municipality? and can the action against him and municipality be initiated ? Thank you.
Vikram Patil
(Querist) 04 April 2016
Dear experts, Municipality has appointed an architect engineer on it's panel. He made an estimate for construction work. Later while being on panel he was given the tender of the said work. Section 94 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Township Act,1965 puts the legal bar on the officers and servants of municipality to take the tender. So on these facts can it be said that such engineer is officer or servant of municipality? and can the action against him and municipality be initiated ? Thank you.
Vikram Patil
(Querist) 04 April 2016
Dear experts, Municipality has appointed an architect engineer on it's panel. He made an estimate for construction work. Later while being on panel he was given the tender of the said work. Section 94 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Township Act,1965 puts the legal bar on the officers and servants of municipality to take the tender. So on these facts can it be said that such engineer is officer or servant of municipality? and can the action against him and municipality be initiated ? Thank you.
Anand Bali Adv.
(Expert) 04 April 2016
No Mr Patil on Penal person is not any way considered to be in the employment of the agency, institution or Govt Body, where he is in panel.
Only those employees are considered here as on service and employment who are given appointment through recruitment and selection and they get a regular salary from such agency. On penal engagements do dot covered in the regular salary basis appointment so they are not covered under this provision. They are neither the Officers nor the servants.
Hemant Agarwal
(Expert) 07 April 2016
1. IF the "Municipality has appointed an architect engineer on it's panel" using its letter head and seal, THEN such "delegated" panel architect engineer, shall be covered as a "deemed public servant", for all purposes, without any further liability or reference to the Municipality.
Keep Smiling .... Hemant Agarwal
http://www.maharashtra-society-help-forum.com
Anand Bali Adv.
(Expert) 07 April 2016
@ Hemant Agrawal, please see the reply seeker has asked specifically that who the persons comes under head of " Officers and servents" under the Maharashtra Municipality Act?
Vikram Patil
(Querist) 09 April 2016
Dear Agarwal sir, can u provide any case law regarding that ? Thank you.
Dr J C Vashista
(Expert) 09 April 2016
I respecfully differ with the opinion of expert Mr. Hemant Aggarwal and subscribe to the opinion/views of expert Mr. Anand Bali since the architect engineer penalists are paid professional fees on project to project or job to job basis and not salary as an regular employee of Municipal Corporation/Committee.
The connotation of "officers and servants" of Municipality include the employees on its "roll" generally governed by CCS Rules, which do not cover architect engineer the "professionals".
Vikram Patil
(Querist) 10 April 2016
Dear experts, My querry is- Can the engineer on the panel of municipality take the tender, contract of construction work of municipality while being on the panel ? (And the fact is he himself has made the estimate of that work)
