Section 83 in The Mumbai Municipal Corporation Act, 1888
83. [ Power of suspending, reducing, removing or dismissing and imposing other penalties in whom to vest] [This marginal note was substituted by Maharashtra 8 of 1992, Section 5(d).]
(1)Every municipal officer and servant may be [reduced, removed] [These words were substituted for the words 'fined, reduced, suspended' by Maharashtra 8 of 1992, Section 5(a).] or dismissed for any breach of departmental rules or discipline of for carelessness, unfitness, neglect of duty or other misconduct, by the authority by whom such officer or servant is appointed:(2)Provided that-(a)No officer [appointed to a post] [These words were substituted for the words 'whose monthly emoluments exceed rupees four hundred' by Maharashtra 5 of 1986, Section 2.], [to which the provisions of] [These words, figures and letter were substituted for the words 'the minimum monthly salary exclusive of allowances of which is rupees one thousand two hundred or more' by Maharashtra 33 of 1989, Section 8.] [sub-section (1) of section 80A] [These words, brackets, figures and letter were substituted for the word, figures and letter, 'Section 80A' by Maharashtra 12 of 1990, Section 4.] apply shall be dismissed by the Commissioner, without the [previous] [This word previous was inserted by Bombay, 19 of 1930, Section 9.] approval of [the Standing Committee or in case of an officer appointed for the purposes of clause (q) of section 61, of the Education Committee.] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 38(a) and (b), (w.e.f. 23-4-1999).](b)[ any officer appointed by the Corporation under sections 54A, 55, 56A, 74, 75, 76A, 76B, 77, 78A, 78C, 78D or 78E may be suspended by the Commissioner, and every such suspension with the reasons therefor, shall be forthwith reported to the Corporation, and such suspension shall come to an end if not confirmed by the Corporation within a period of six months from the date of such suspension;] [This clause was substituted by Maharashtra 8 of 1992, Section 5(b)(i).](c)[ any officer appointed by the Corporation otherwise than under sections 54A, 55, 56A, 74, 75, 76A, 765, 77, 78A, 78C, 78D or 78E may, for any breach of departmental rules or discipline, or for carelessness, unfitness, neglect of duty or other misconduct, be suspended by the Commissioner, or may, with previous approval of [the Standing Committee or in case of an officer appointed for the purposes of clause (q) of section 61, of the Education Committee] [This clause was substituted by Maharashtra 8 of 1992, Section 5(b)(ii).] be reduced, removed or dismissed by the Commissioner;](d)[ any officer or servant immediately subordinate to the municipal chief auditor and drawing a salary not exceeding rupees two hundred and fifty per month exclusive of allowances may, subject to such conditions and limitations, if any, as the [Standing Committee] [This clause was added by Bombay 76 of 1948, Section 10.] may deem fit to prescribe, and subject to a right of appeal to the [Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 38(c), (w.e.f. 23-4-1999).], be fined, reduced or suspended for any breach of departmental rules or discipline or for carelessness, unfitness, neglect of duty or other misconduct by the municipal. chief auditor.](3)[ The Municipal Commissioner may, for good and sufficient reasons, impose following penalties on any municipal officer or servant, namely:-(i)censure;(ii)recovery from salary, of the whole or part of any pecuniary loss caused by him to the Corporation by negligence, misconduct, breach of orders or rules;(iii)fine;(iv)withholding of an increment or increments, for a specified period or with a permanent effect;(v)withholding of promotion including stoppage at an efficiency bar;]
