Section 45 in The Bombay Provincial 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, Municipal Chief Auditor and Municipal Secretary.
[(2) The Corporation may from time to time, with the approval of the State Government, create as many posts Deputy Municipal Commissioner or Assistant Municipal Commissioner or such other officers as it considers necessary. The State Government may, while granting approval to the Corporation, apportion the number of such posts that may be filled by the Corporation and the number of such posts that may be filled by the State Government by appointing its officers.](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, made by the Corporation, or an appointment of a Deputy Municipal Commissioner, an Assistant Municipal Commissioner or such other officers made by the State Government, shall be subject to confirmation by the State Government; and any officer whose appointment the State Government refuses to confirm shall be removed from the 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 sub-section (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 sub-section (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.
