State Act

The Mumbai Municipal Corporation Act.

54. Appointment of the Commissioner.— (1) The Municipal Commissioner for 1[Brihan Mumbai] shall be from time to time appointed by the 2[3[State] Government]. 4[He may hold office for such period not exceeding three years 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.] 5[* * * *] (2) 6[Notwithstanding the provisions of sub-section (1), the Commissioner shall] be forthwith removed by 7[the 8[ 9[State] Government] ] from the office if at a meeting of the corporation not less than 10[five-eighth of the whole number of councillors] shall vote in favour of a proposition in this behalf; and he may be removed by the 11[12[State] Government] at any time if it shall appear to the 13[ 14[State] 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: 15[Provided that when the Commissioner holds a lien on the service of 16[the 17[18[State] Government]], he shall not during the period of his appointment as Commissioner be removed from office without the approval of the corporation.] 19[(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 the provisions of sub-section (4), every person so appointed shall be subject to the same liabilities, restrictions and conditions to which the Commissioner is subject.]