Section 107 in Uttar Pradesh Municipal Corporation Act, 1959
107. Appointment of posts.
(1)[Appointments to the post of Deputy Municipal Commissioner, Assistant Municipal Commissioner, [Mukhya Abhiyanta, Nagar Swasthya Adhikari, Mukhya Nagar Lekha Parikshak and to other posts as the Mayor may specify, shall be made by the Mayor] [Substituted by U.P. Act 21 of 1964.] after consultation with the State Public Service Commission in the manner prescribed and not otherwise]:Provided that the appointment of Nagar Swasthya Adhikari shall preferably be made out of officers of the Public Health Department of the State Government whom the State Government may be agreeable to send on deputation and in such case consultation with the Public Service Commission shall not be necessary.(2)[Appointments to the posts not included in the posts referred to in subsection (1)] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).] per mensem shall be made after consultation with the State Public Service Commission in the manner prescribed and not otherwise. The authority to appoint such officers and servants of the Corporation shall vest(a)in respect of those officers and servants who are immediately subordinate to the Mukhya Nagar Lekha Parikshak, in the Mukhya Nagar Lekha Parikshak, and(b)in respect of all other officers and servants, in the Municipal Commissioner.(3)All other appointments except those specified in sub-sections (1), (2) and(5)shall be made in accordance with the recommendations of a Selection Committee constituted under sub-section (4) and authority to make such appointments shall vest -(a)in respect of those officers and servants who are immediately subordinate to the Mukhya Nagar Lekha Parikshak, in the Mukhya Nagar Lekha Parikshak, and(b)in respect of all other officers and servants, in the Municipal Commissioner.(4)The Selection Committee referred to in sub-section (3) shall consist of the Municipal Commissioner or his nominee, the Mukhya Nagar Lekha Parikshak and Head of the Department for which the appointment is to be made. The Municipal Commissioner and, in his absence, the member designated by him for the purpose, shall be the Chairman of Selection Committee:[Provided that the Committee referred to above which may be substituted in connection with the appointments of officers and servants immediately subordinate to the Municipal Commissioner or the Mukhya Nagar Lekha Parikshak, shall consist of the Municipal Commissioner or the Mukhya Nagar Lekha Parikshak, as the case may be, as Chairman and two other officers of the Corporation who shall be nominated by the Executive Committee as members.] [Substituted by S. 5 of U.P. Act 14 of 1959.](5)Appointments to posts in the engineering, [public health and other departments of the Corporation carrying scales of pay lower than the scales of pay of the posts referred to in sub-section (3)] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).] shall be made by the Heads of the departments concerned specified under Section 112 subject however to any bye-laws made by the Corporation in this behalf.(6)In the case of any difference of opinion between the appointing authority and the State Public Service Commission a reference shall be made by the Municipal Commissioner to the State Government whose decision shall be final.
