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State of Maharashtra - Section

Section 54 in The Mumbai Municipal Corporation Act, 1888

54. Appointment of the Commissioner.

(1)The Municipal Commissioner for [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996 (w.e.f. 4.9.1996).] shall be from time to time appointed 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]. [He may hold office for such period not exceeding three years] [This portion was substituted for the words 'for a renewable period of three years' by Maharashtra 22 of 1968, Section 2(a).] as the State Government may fix and his appointment may be renewed by the State Government for a further period not exceeding three years:Provided that, when the Commissioner holds a lien on the service of the State Government, he may be recalled to such service at any time by the State Government [* * *] [The words 'after consultation with the corporation' shall be deemed to have been deleted with effect from 1st November, 1991 by Maharashtra 8 of 1992, Section 3.]
(2)[Notwithstanding the provisions of sub-section (1), the commissioner shall] [These words were substituted for the words 'But he shall' by Maharashtra 8 of 1992, Section 2(b).] be forthwith removed by [the [ [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] ] from the office if at a meeting of the corporation not less [five-eight of the whole number of councillors] [These words were substituted for the words 'sixty-four councillors' by Bombay 7 of 1950, Section 9.] shall vote in favour of a proposition in this behalf; and he may be removed 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] at any time if it shall appear to the [ [State] [The words 'Provincial Government' were substituted for the words 'Governor-in-Council' by the Adaptation of Indian Laws Order in Council.] Government] that he is incapable of performing the duties of his office or has been guilty of any misconduct or neglect which renders his removal expedient:[Provided that when the Commissioner holds a lien on the service of [the [ [State] [This proviso was added by Bombay 1 of 1925, Section 14.] Government], ] he shall not during the period of his appointment as Commissioner be removed from office without the approval of the corporation.]
(3)[ The State Government may appoint one or more persons to be called Additional Municipal Commissioners who shall, subject to the control of the Commissioner, exercise all or any of the powers and perform all or any of the duties and functions, of the Commissioner.
(4)The terms and conditions of service of a person appointed as Additional Municipal Commissioner shall be such as may from time to time be determined by the State Government by general or special order.
(5)Subject to provisions of sub-section (4), every person so appointed shall be subject to the sam abilities, restrictions and conditions to which the Commissioner is subject.] [Sub-sections (3), (4) and (5) were added by Maharashtra 43 of 1984, Section 8.]The Director [This heading and section 54A were inserted by Maharashtra 53 of 1981, Section 8.]