Amendment status not verified — confirm the current text below against the official source.
Restriction of employment of permanent officers and servants.— No permanent officer or servant shall be entertained in any department of the municipal administration unless he has been appointed under sections 7[* *] 8[60A], 9[73A], 74, 10[76A and 76B], 77, 11[78, 78A], 12[78B or 78C] or his office and emoluments are included in the schedule at the time in force prepared and sanctioned under the last preceding section: 13[* * * * * * * * *] 14,15[80A. Power of appointment in whom to vest.— (1) The power of appointing municipal officers, whether temporary or permanent 16[to the posts which rank equivalent to or higher than, the post of Executive Engineer set forth in a schedule for the time being in force prepared and sanctioned under section 79], shall vest in the Corporation: 17[Provided that, temporary appointments to such posts for loan works may be made for a period of not more than six months by the Commissioner with the previous sanction of the Standing Committee; or in the case of works undertaken for the purpose of clause (q) of section 61, of the Education Committee; the Commissioner shall forthwith report every such appointment when made to the 1 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 34(c). 2 These words were substituted for the words “rupees two hundred” by Mah. 39 of 1961, s. 6. 3 This proviso was added by Bom. 48. of 1950, s. 45(3). 4 These words were substituted for the words “Mayor-in-Council shall before sanctioning the schedule, for the purposes of clause (q) of section 61” by Mah. 27 of 1999, s. 34(c)(ii). 5 This proviso was added by Mah. 7 of 1971, s. 2. 6 This sub-section was added by Bom. 76 of 1948, s. 7. 7 The figure “39” was deleted by Bom. 48 of 1950, s. 46(1). 8 The figure and letter “60A” were inserted by Bom. 48 of 1948, s. 16. 9 The figure and letter “73A” were inserted by Bom. 4 of 1947, s. 5. 10 These figures, word and letters were inserted by Bom. 3 of 1907, s. 13(1). 11 These figures, word and letters were substituted for “or 78” by Bom. 2 of 1938, s. 4. 12 The word, figures and letters were substituted for the word, figures and letters “or 78B” by Bom. 48 of 1950, s. 46(2). 13 The proviso was deleted by Mah. 10 of 1998, s. 43. 14 Section 6 of Bom. 4 of 1947 reads as follows :— “6. Validation of act of Special Engineer appointed under section 80A.—All the powers, duties and functions of the City Engineer exercised and performed by the Special Engineer appointed under section 80A of the said Act during the period from 26th September 1946 to the date on which the City of Bombay Municipal (Amendment) Act, 1947 (Bom. IV of 1947) comes into operation shall be deemed to be and always be deemed to have been validly excercised and performed; and no acts done by the said Special Engineer shall after the coming into operation of this Act be deemed to be invalid or called in question on the ground only that the said powers and duties in the purported exercise of which the said acts were done were not at the time when, the said acts were done lawfully vested in him, and the said Special Engineer is now hereby indemnified and discharged from liability in respect of such acts.”. 15 Section 80A was added by Bom. 6 of 1922, s. 20. 16 This portion was substituted for the words “to the posts with a minimum monthly salary, exclusive of allowances of rupees one thousand two hundred or more” by Mah. 33 of 1989, s. 6(a)(i). 17 This proviso was inserted by Mah. 27 of 1999, s. 35(a). 128 The Mumbai Municipal Corporation Act [1888 : III Corporation. No such appointment shall be renewed on the expiry of the said period of six months without the previous sanction of the Corporation.] (2) Save as otherwise provided in this Act, the power of appointing municipal officers and servants 1[whether temporary or permanent, shall] vest in the Commissioner:] 2[Provided that such power in respect of permanent appointments shall be subject to the schedule for the time being in force prepared and sanctioned under section 79: Provided further that no temporary appointment shall be made by the Commissioner for any period exceeding six months and no such appointment 3[4[to a post which ranks higher than the post of a Registration Assistant set forth in a schedule for the time being in force prepared and sanctioned under section 79] shall be renewed by the Commissioner on the expiry of the said period of six months without the previous sanction of the 5[Standing Committee or of the Education Committee, as the case may be].] 6[Explanation.— For the purposes of this section, sub-section (1) of section 80B and section 460U, a post shall be deemed to rank equivalent to, or higher than, the post if the minimum of the pay-scale of the former is equivalent to, or higher than, the minimum of the pay-scale of the later.] 7[80B. Manner of making appointment.— 8[(1) No person shall be appointed to a post— 9[(a) the power of appointment to which vest in the corporation or the 10[Standing Committee] and which is equivalent to, or higher than, the post of Executive Engineer set forth in the schedule for the time being in force prepared and sanctioned under section 79; or] 11[(b) the power of appointment to which vest in the Brihan Mumbai Electric Supply and Transport Committee and which is equivalent to, or higher than, the post of Secretary set forth in the schedule sanctioned by the Brihan Mumbai Electric Supply and Transport Committee and the Corporation under section 460R;] except after consultation with the Commission in accordance with the rule made under this section:]] 12[Provided that, it shall not be necessary for the Commission to be consulted in the case of posts in the Water Supply and Sewerage Department falling under clause (a) and connected with the Water Supply and Sewerage Projects financed partly with assistance from the International Development Association, being posts specified by the Commissioner in this behalf 13[and which ranks lower than the post of Executive Engineer set forth in the schedule for the time being in force prepared and sanctioned under section 79.] (2) Nothing in sub-section (1) shall apply to any acting or temporary appointment for a period not exceeding six months 14[or to appointments to such ministerial post as may, from time to time, be specified by the State Government in consultation with the Commission when such posts are to be filled by promotion]. 15[(2A) The provisions of sub-section (1) shall not apply also to appointment of any officer,— 1 These words were substituted for the original by Bom. 76 of 1948, s. 8. 2 These provisos were added by Bom. 76 of 1948, s. 8. 3 This portion was substituted by Mah. 43 of 1983, s. 10(2). 4 This portion was substituted for the words “carrying a monthly salary of more than six hundred rupees exclusive of allowance” by Mah. 33 of 1989, s. 6(b). 5 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 35. 6 This Explanation was added by Mah. 33 of 1989, s. 6 (c). 7 This section was substituted by Bom. 48 of 1950, s. 47(2). 8 Sub-section (1) was substituted by Mah. 11 of 1964, s. 5(a). 9 Clause (a) was substituted by Mah. 33 of 1989, s. 7(a). 10 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 36(a)(i). 11 Clause (b) was inserted by Mah. 27 of 1999, s. 36(a)(ii). 12 This proviso was added by Mah. 34 of 1973, s. 5. 13 This portion was substituted for the portion beginning with words “and the minimum” and ending with the words “per annum” by Mah. 33 of 1989, s. 7(c). 14 These words were inserted by Bom. 64 of 1953, s. 3. 15 This sub-section was inserted by Bom. 62 of 1954, s. 2(1). This amendment shall be deemed to have been made on and to have effect from the 14th May 1954 [See s. 2(2) of Bom. 62 of 1954]. 1888 : III] The Mumbai Municipal Corporation Act 129 1[* * * * * * * *] (b) who is a member of the Indian Administrative Service, 2[the Indian Police Service or the Indian Audit and Accounts Service, to any such post on foreign service conditions.] (3) The State Government shall after consultation with the Corporation and Commission make rules for prescribing,— (a) the procedure to be followed by the Commission in advertising the post, calling for applications, scrutinising the same and selecting the candidates for interview; 3[(b) the procedure to be followed by the Commission for selecting candidates and by the Corporation or the Brihan Mumbai Electric Supply and Transport Committee, as the case may be, for consultation with the Commission;] (c) the procedure for enabling the Municipal 4[or the 5[Brihan Mumbai Electric Supply and Transport Undertaking]] Officer or Officers to attend the interview to advise the Commission; (d) the procedure to be followed in case there is a difference of opinion between the Commission and the appointing authority; (e) the fees and other costs to be paid to the Commission by the Corporation 6[or the 7[Brihan Mumbai Electric Supply and Transport Undertaking, as the case may be,]] for consultation and other incidental matters; (f) any other matter which is necessary or incidental for the purpose of consultation with the Commission. 8[(4) (a) in the case of posts referred to in clause (a) of sub-section (1)—the Corporation, and (b) in the case of posts referred to in clause (b) of that sub-section—the Brihan Mumbai Electric Supply and Transport Committee, shall with the previous sanction of the State Government, make rules prescribing the qualifications to be possessed by candidates eligible for appointment to such posts: Provided that, any such rule to be made by the Brihan Mumbai Electric Supply and Transport Committee, before submission to the State Government, shall be confirmed by the Corporation.] (5) The rules made under this section shall be published in the Official Gazette. (6) 9[(a)] Any rules made prescribing qualifications for appointment to any such post which were in force immediately before the Bombay Municipal Corporation and City of Bombay Primary Education (Amendment) Act, 1950 (Bom. XLVIII of 1950), comes into force, shall continue in force and be deemed to have been made under this section unless and until they are superseded or amended by rules made under this section. 10[(b) Any rules made prescribing qualifications for appointment to posts referred to in clause (b) of sub-section (1) which were in force immediately before the Bombay Municipal Corporation (Amendment) Act, 1964 (Mah. XI of 1964), comes into force shall continue in force and be deemed to have been made under this section unless and until they are superseded or amended by rules made under this section.] 1 Clause (a) was deleted by Mah. 10 of 1998, s. 45(b). 2 These words were substituted for the words “Indian Police Service” by Mah. 1 of 1964, s. 3. 3 Clause (b) was substituted by Mah. 27 of 1999, s. 36(b). 4 These words were inserted by Mah. 11 of 1964, s. 5(b). 5 These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. 6 These words were inserted by Mah. 11 of 1964, s. 5(b). 7 These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. 8 Sub-section (4) was substituted by Mah. 27 of 1999, s. 36(c). 9 Sub-section (6) was re-numbered as clause (a) and clause (b) was inserted by Mah. 11 of 1964, s. 5(d). 10 Sub-section (6) was re-numbered as clause (a) and clause (b) was inserted by Mah. 11 of 1964, s. 5(d). 130 The Mumbai Municipal Corporation Act [1888 : III (7) All fees paid to the Commission under this section shall be credited to the State Government. (8) All communications made by the Commission in regard to any matter relating to the appointment to any post for which it was consulted shall be deemed to be confidential and no discussion shall be permitted thereon in the Corporation in the 1[Standing Committee or the Brihan Mumbai Electric Supply and Transport Committee,] or any Committee of the Corporation or no disclosure relating thereto shall be made in the public.] Leave of Absence, Acting Appointments, etc.