Section 74 in The Mumbai Municipal Corporation Act, 1888
74. Appointment of [city engineer] [The words 'city engineer' were substituted for the original words 'Executive Engineer' by Bombay 19 of 1930, Section 6.] executive health officer and hydraulic engineer.
(1)The corporation shall appoint fit persons to be municipal [city engineer] [The words 'city engineer' were substituted for the original words 'Executive Engineer' by Bombay 19 of 1930, Section 6.] [* *] [The word and was omitted by Bombay 2 of 1911, Section 2(a).] municipal executive health officer, [and municipal hydraulic engineer] [These words were added by Bombay 2 of 1911, Section 2(a).](2)Each of the said officers shall,-(a)be appointed for a renewable term of five years:[Provided that if any of such officers is a municipal officer and due to retire under the regulations made and applicable to him under section 81 on a date earlier than the expiry of the period of five years from the date of his appointment or reappointment, he may be appointed or reappointed for a period of five years or a lesser period] [This proviso was added by Bombay 76 of 1948, Section 6.].(b)devote his whole time and attention to the duties of his office;(c)[ receive such monthly salary as the corporation [shall, from time to time, with the approval of the State Government, determine;] [This clause was substituted for the original by Bombay 13 of 1938, Section 28 vide footnote with asterisk on page 365 supra.] but the salary of any such officer shall not be altered to his disadvantage during his period of office;][* * * * *] [Bombay 6 of 1943 by which the proviso was added to clause (c) of sub-section (2) of section 74 lapsed. The proviso, therefore, ceased to be in force with effect from 3rd April 1948 and has been deleted.](d)be removable at any time from office for misconduct or for neglect of or incapacity for, the duties of the office, on the votes of not less than two-thirds, of the members present at a meeting of the corporation:(3)Provided that,-(e)no person shall be appointed to be executive health officer who is not a legally qualified medical practitioner;(ee)[ the executive health officer may accept for such period as may be sanctioned by the Corporation any appointment, whether honorary or otherwise, [This clause was inserted by Bombay 6 of 1916, s, 3(3).]which has for its object the promotion of public health, whether by means of education or otherwise, and which in the opinion of the corporation would not interfere with his duties as executive health officer];(f)the corporation may, in their discretion, appoint a person probationally, for a limited period only, to [any] [The word 'any' was substituted for the word 'either' by Bombay 2 of 1911, Section 2(c).] of the said offices, previous to appointing him for the full term of five years;(g)every appointment made under this section shall be subject to confirmation by [the [State] [The words 'Provincial Government were substituted for the words Governor-in-Council by the Adaptation of Indian Laws Order in Council.] Government].(4)[ Any persons appointed as City Engineer and Hydraulic Engineer shall be subordinate to the Director and shall perform their duties, and exercise their powers, subject to the control and supervision of the Director.] [Sub-section (4) was inserted by Maharashtra 53 of 1981, Section 14,]
