Section 45 in The Maharashtra Municipal Corporations Act, 1949
45. Appointment of City Engineer, etc. - (1) The Corporation shall from time to time appoint fit persons to be City Engineer, Medical Officer of Health, [* * *] and Municipal Secretary.
(2)The Corporation may from time to time with the approval of the [State] Government create an appointment of Deputy Municipal Commissioner or an appointment of Assistant Municipal Commissioner or so many such appointments as it considers necessary, and may appoint a fit person or fit persons to such appointments.(3)An officer appointed under this section shall have such qualifications as may be prescribed under the rules and shall receive such monthly salary and allowances as the Corporation may with the approval of the [State] Government from time to time fix:Provided that the salary of no officer shall be altered to his disadvantage during his period of office.(4)Every appointment made under this section, excepting an appointment of a Municipal Secretary, shall be subject to confirmation by the [State] Government and any officer whose appointment the [State] Government refuses to confirm shall be removed from office forthwith.(5)On the occurrence of a vacancy in any office specified in this section an appointment shall be made thereto by the Corporation within four months from the date on which the vacancy occurred or, in the event of the removal of an officer under sub-section (4) within thirty days of the receipt by the Corporation of the order of the [State] Government.(6)In default of an appointment being made by the Corporation under subsection (5) the [State] Government may appoint a fit person to fill the vacancy and such appointment shall for all purposes be deemed to have been made by the Corporation.(7)Pending the settlement of an appointment under sub-section (1) or subsection (5), the Corporation may appoint a person to fill the vacancy temporarily and may direct that the person so appointed shall receive such monthly salary and allowances not exceeding the maximum fixed under sub-section (3) for the time being as it thinks fit:Provided that no such appointment shall extend beyond or be made after a lapse of six months from the date on which the vacancy occurs.[45A. Appointment of Municipal Chief Auditor. - On and from the 10th March, 2011, being the date of commencement of section 5 of the Maharashtra Municipal Corporations (Amendment) Act, 2011, the State Government, shall appoint, on deputation, a suitable officer, not below the rank of the Deputy Director from the Maharashtra Finance and Accounts Services to be the Municipal Chief Auditor on such terms and conditions, as may be prescribed:Provided that, nothing in this section shall affect the appointment and terms and conditions of service of the Municipal Chief Auditor holding office as such on the 10th March 2011 being the date of commencement of section 5 of the Maharashtra Municipal Corporations (Amendment) Act, 2011.][45B. Power of State Government to notify post to be filled in by deputation. - (1) Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, it shall be lawful for the State Government to notify in the Official Gazette, any post or any class of posts under any Corporation, for being filled in, by deputation of a suitable officer from the cadre of the State Government, specified by the State Government, for this purpose:Provided that, every such notification shall be laid before each House of the State Legislature, after it is issued.(2)Every notification issued under sub-section (1) specifying the posts or class of posts, shall contain the description of the cadre of officers (hereinafter referred to as "the feeder cadre"), of the State Government, from amongst whom the posts notified under sub-section (1) are to be filled.(3)On issuing the notification under sub-section (1), the numerical strength of the feeder cadre shall stand increased by an equivalent number of posts which shall be created in such feeder cadre.(4)The number of posts created and added to the feeder cadre under subsection (3) shall, as far as possible, be filled in by selection, of one or more suitable officers of the concerned Corporation, in such manner as may be prescribed by the State Government by rules:Provided that, nothing in this section shall affect the appointment and terms and conditions of service of an incumbent holding such notified post in the Corporation, on the date of issuing the notification under sub-section (1).]
