State Act

The Mumbai Municipal Corporation Act.

7[80B. Manner of making appointment.— 8[(1) No person shall be appointed to a post— 9[(a) the power of appointment to which vest in the corporation or the 10[Standing Committee] and which is equivalent to, or higher than, the post of Executive Engineer set forth in the schedule for the time being in force prepared and sanctioned under section 79; or] 11[(b) the power of appointment to which vest in the Brihan Mumbai Electric Supply and Transport Committee and which is equivalent to, or higher than, the post of Secretary set forth in the schedule sanctioned by the Brihan Mumbai Electric Supply and Transport Committee and the Corporation under section 460R;] except after consultation with the Commission in accordance with the rule made under this section:]] 12[Provided that, it shall not be necessary for the Commission to be consulted in the case of posts in the Water Supply and Sewerage Department falling under clause (a) and connected with the Water Supply and Sewerage Projects financed partly with assistance from the International Development Association, being posts specified by the Commissioner in this behalf 13[and which ranks lower than the post of Executive Engineer set forth in the schedule for the time being in force prepared and sanctioned under section 79.] (2) Nothing in sub-section (1) shall apply to any acting or temporary appointment for a period not exceeding six months 14[or to appointments to such ministerial post as may, from time to time, be specified by the State Government in consultation with the Commission when such posts are to be filled by promotion]. 15[(2A) The provisions of sub-section (1) shall not apply also to appointment of any officer,— 1[* * * * * * * *] (b) who is a member of the Indian Administrative Service, 2[the Indian Police Service or the Indian Audit and Accounts Service, to any such post on foreign service conditions.] (3) The State Government shall after consultation with the Corporation and Commission make rules for prescribing,— (a) the procedure to be followed by the Commission in advertising the post, calling for applications, scrutinising the same and selecting the candidates for interview; 3[(b) the procedure to be followed by the Commission for selecting candidates and by the Corporation or the Brihan Mumbai Electric Supply and Transport Committee, as the case may be, for consultation with the Commission;] (c) the procedure for enabling the Municipal 4[or the 5[Brihan Mumbai Electric Supply and Transport Undertaking]] Officer or Officers to attend the interview to advise the Commission; (d) the procedure to be followed in case there is a difference of opinion between the Commission and the appointing authority; (e) the fees and other costs to be paid to the Commission by the Corporation 6[or the 7[Brihan Mumbai Electric Supply and Transport Undertaking, as the case may be,]] for consultation and other incidental matters; (f) any other matter which is necessary or incidental for the purpose of consultation with the Commission. 8[(4) (a) in the case of posts referred to in clause (a) of sub-section (1)—the Corporation, and (b) in the case of posts referred to in clause (b) of that sub-section—the Brihan Mumbai Electric Supply and Transport Committee, shall with the previous sanction of the State Government, make rules prescribing the qualifications to be possessed by candidates eligible for appointment to such posts: Provided that, any such rule to be made by the Brihan Mumbai Electric Supply and Transport Committee, before submission to the State Government, shall be confirmed by the Corporation.] (5) The rules made under this section shall be published in the Official Gazette. (6) 9[(a)] Any rules made prescribing qualifications for appointment to any such post which were in force immediately before the Bombay Municipal Corporation and City of Bombay Primary Education (Amendment) Act, 1950 (Bom. XLVIII of 1950), comes into force, shall continue in force and be deemed to have been made under this section unless and until they are superseded or amended by rules made under this section. 10[(b) Any rules made prescribing qualifications for appointment to posts referred to in clause (b) of sub-section (1) which were in force immediately before the Bombay Municipal Corporation (Amendment) Act, 1964 (Mah. XI of 1964), comes into force shall continue in force and be deemed to have been made under this section unless and until they are superseded or amended by rules made under this section.] (7) All fees paid to the Commission under this section shall be credited to the State Government. (8) All communications made by the Commission in regard to any matter relating to the appointment to any post for which it was consulted shall be deemed to be confidential and no discussion shall be permitted thereon in the Corporation in the 1[Standing Committee or the Brihan Mumbai Electric Supply and Transport Committee,] or any Committee of the Corporation or no disclosure relating thereto shall be made in the public.]