Amendment status not verified — confirm the current text below against the official source.
(1) The provisions of Sections 71,73,74, 75 and 76,shall be subject to the provisions of,- (a) section 78, and (b) any rule, in particular of any rule imposing any conditions on the appointment of persons to offices, or any particular office, requiring professional skill, and on the suspension or dismissal removal or other punishment or discharge or termination of service of persons so appointed. (2) The provisions of Sections of Sections 74, 75 and 76 shall also be subject to the provisions of any regulation raising any maximum or minimum monthly salary prescribed in those sections with reference to the respective powers of the Municipality, the President and the Executive Officer over the staff. Powers of Appellate Authority in disciplinary 77-A The Appellate Authority to which an appeal against an order of dismissal, removal or other punishment is preferred under this Act or the rules may- (a) set aside, reduce or confirm the penalty; or 228 matters (b) remit the case to the authority which imposed the penalty with such directions as it may deem fit. 1- Subs. by section 8 of Chapter-III of U.P. Act No. 15 of 1983. 2- Subs. by section 9 ibid. 3- Subs. by section 10 ibid. 4- Subs. by section 32 of Chapter-III of U.P. Act No. 26 of 1995. [The [Uttar Pradesh]2 Municipalities Act, 1916] [Section 77B-78] Power of suspension 77-B (1) The authority competent to punish an officer or servant of the Municipality may place him under suspension,- (a) where a disciplinary proceeding against him is contemplated or pending; or (b) where a criminal case against him in respect of an offence involving moral turpitude is under investigation, enquiry or trial. (2) Where a penalty of dismissal or removal imposed upon an officer or servant of Municipality is set aside in appeal under this Act or the rules and the case is remitted for further inquiry or action or with any other directions, the officer or servant shall be deemed to have been placed or continued under suspension on and from the date of the original order of dismissal or removal. (3) Where a penalty of dismissal or removal imposed upon an officer or servant of the Municipality is set aside or declared or rendered void in consequence of or by a decision of a Court of law, and the punishing authority, on a consideration of the circumstances of the case decides to hold a further enquiry against him on the allegations on which the penalty of dismissal or removal was originally imposed, the officer or servant shall be deemed to have been placed or continued under suspension by the punishing authority on and from the date of the original order of dismissal or removal. (4) An order of suspension made or deemed to have been made under this section bay at any time to be revoked by the authority which made or is deemed to have made the order or by the Appellate Authority. (5) A Municipality shall act under this section, by a special resolution supported by not less than two-thirds of the members constituting the Municipality. (6) An officer or servant who is placed or is deemed to have been placed under suspension shall, during the period of such suspension, be entitled to receive, instead of salary, such subsistence allowance as may be prescribed.]1 Special provisions as to certain servants Pension and dismissal in case of servants of the Government employed by Municipality or vice versa