Section 40 in The City of Bombay Municipal (Amendment) Act, 1933
40. Officers and servants of the Board to become municipal officers and servants.
(1)From the date on which this Act comes into operation every officer and servant of the Board constituted under the City of Bombay Improvement Act, 1898 (Bombay IV of 1898), or the City of Bombay Improvement Trust Transfer Act, 1925 (Bombay XVI of 1925), shall be deemed to be for all purposes a municipal officer or servant and the designations, grades, salaries, fees and allowances of such officers and servants shall be deemed to have been duly sanctioned under section 79 of the City of Bombay Municipal Act, 1888, (Bombay I of 1888), and the provisions of the said Act and of any regulations made thereunder relating to municipal officers and servants shall apply to all such officers and servants as if they had been appointed under the Act ;Provided that such officers and servants shall not be entitled to claim the benefit of any pension or special leave admissible under the pension rules or leave rules of the Corporation.(2)Any officer or servant of the said Board, who has been in the service of the Board for a period of not less than five years before the date on which this Act comes into operation shall be entitled in case of retirement within two years from the date of the passing of this act, to all the benefits of the rules regarding leave in force at the date of the passing of this Act, and to draw his share of the said Board's contribution to the provident fund.(3)Leave and provident fund of Chief Officer appointed Deputy Municipal Commissioner (Improvements) - The person holding the office of Chief Officer under section 26 of the City of Bombay Improvement Trust Transfer Act, 1925 (Bombay XVI of 1925), at the commencement of the City of Bombay Municipal (Amendment) Act, 1933, shall, so long as he continues to be the Deputy Municipal Commissioner (Improvements) under the provisions of sub-section (4) of Section 56-A, in all matters of leave and provident fund continue to be governed by the terms and conditions of his appointment as such Chief Officer and be entitled to the benefits thereof.(4)If the said person be appointed Deputy Municipal Commissioner (Improvements) under sub-section (7) of Section 56-A, he shall, in all matters of leave and, provident fund, be deemed to have been subject from the date of his appointment as Chief Officer to the rules to which he would have been subject had he been appointed on the said date a Deputy Commissioner under this Act and to be entitled to the benefits thereof.
