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State of Madhya Pradesh - Section

Section 58 in The M.P. Municipal Corporation Act, 1956

58. [ Appointment and conditions of service of Corporation Officers and servants. [Substituted by M.P Act No. 12 of 1995.]

(1)Subject to the rules made by the State Government in respect of the Set-up. Strength, Recruitment, Appointment, Pay-scales, Allowances and other conditions of service of officers and servants of the Corporation, the Corporation shall appoint such officers and servants as may be necessary for the efficient performance of the functions of the Corporation :Provided that :
(i)the power of appointing any person on a municipal post which carries a maximum scale of pay as the State Government may, from time to time, by an order in writing specify, shall vest in the [Mayor-in-Council] or the Commissioner.
(ii)any appointment made within his power by the Commissioner shall be reported for information to the [Mayor-in-Council] [Substituted by M.P, Act No. 20 of 1998.];
(iii)every appointment to be made by the [Mayor-in-Council] [Substituted by M.P, Act No. 20 of 1998.] shall be subject to the prior confirmation for the State Government. The decision of the State Government in this behalf shall be final.
(2)Notwithstanding anything contained in sub-section (1), in emergent situations, the [Mayor-in-Council] [Substituted by M.P, Act No. 20 of 1998.] may make ad hoc appointments for a period not exceeding six months, with prior permission of the State Government].
(2a)[ Notwithstanding anything contained in sub-sections (1) and (2), the Mayor-in-Council may, with prior permission of the State Government, appoint on contract, specialist officers and servants in the field of management, accounts, information technology, engineering and planning for specified periods and the manner and terms and conditions of appointment of such specialists officers and servants on contract shall be such as may be prescribed by the State Government.] [Inserted by M.P. Act No. 16 of 2007.]
(3)The State Government may depute to any post under the Corporation carrying maximum scale of pay [as the State Government may, from time to time, by an order in writing specify] [Substituted by M.P. Act No. 7 of 1988.] such servants of the State Government as it may consider necessary.]
(4)The terms and conditions of deputation of servants of the State Government including disciplinary control shall be such as may be prescribed.
(5)[ Notwithstanding anything contained in this Act or any rules or bye-laws made thereunder, the State Government may, subject to the conditions specified in sub-section (6), transfer on deputation [any officer or servant of a Municipal Corporation] [Substituted by M.P. Act No. 5 of 1982.] to any other Municipal Corporation and it shall not be necessary for the State Government to consult either the Corporation or the Officer or Servant concerned before passing an order of transfer on deputation under this sub-section.]
(6)The officer or servant transferred under sub-section (5) shall :- '
(a)have his lien on the post held in the parent Corporation;
(b)not be put to disadvantageous position in respect of pay and allowances which he would have been entitled to had he continued in the parent Corporation;
(c)be entitled to deputation allowance at such rate as the State Government may be general order specify; and
(d)be governed by such other terms and conditions including disciplinary control as the State Government may, by general or special order, specify.]