State Act

The Mumbai Municipal Corporation Act.

83. 1[Power of suspending, reducing, removing or dismissing and imposing other penalties in whom to vest].— (1) Every municipal officer and servant may be 2[reduced, removed] or dismissed for any breach of departmental rules or discipline of for carelessness, unfitness, neglect of duty or other misconduct, by the authority by whom such officer or servant is appointed: (2) Provided that— (a) No officer 3[appointed to a post], 4[to which the provisions of 5[sub-section (1) of section 80A] apply shall be dismissed by the Commissioner, without the 6[previous] approval of the 7[Standing Committee or in the case of an officer appointed for the purposes of clause (q) of section 61, of the Education Committee]; 8[(b) any officer appointed by the Corporation under sections 54A, 55, 56A, 74, 75, 76A, 76B, 77,78A, 78C, 78D or 78E may be suspended by the Commissioner, and every such suspension with the reasons therefor, shall be forthwith reported to the Corporation and such suspension shall come to an end if not confirmed by the Corporation within a period of six months from the date of such suspension;] 9[(c) any officer appointed by the Corporation otherwise than under sections 54A, 55, 56A, 74, 75, 76A, 76B, 77, 78A, 78C, 78D or 78E may, for any breach of departmental rules or discipline, or for carelessness, unfitness, neglect of duty or other misconduct, be suspended by the Commissioner, or may, with previous approval of 10[the Standing Committee, or in the case of an officer appointed for the purposes of clause (q) of section 61, of the Education Committee,] be reduced, removed or dismissed by the Commissioner;] 11[(d) any officer or servant immediately subordinate to the municipal chief auditor and drawing a salary not exceeding rupees two hundred and fifty per month exclusive of allowances may, subject to such conditions and limitations, if any, as the 12[Standing Committee] may deem fit to prescribe, and subject to a right of appeal to the 13[Standing Committee] be fined, reduced or suspended for any breach of departmental rules or discipline or for carelessness, unfitness, neglect of duty or other misconduct by the municipal chief auditor.] 14[(3) The Municipal Commissioner may, for good and sufficient reasons, impose following penalties on any municipal officer or servant, namely:— (i) censure; (ii) recovery from salary, of the whole or part of any pecuniary loss caused by him to the Corporation by negligence, misconduct, breach of orders or rules; (iii) fine; (iv) withholding of an increment or increments, for a specified period or with a permanent effect; (v) withholding of promotion including stoppage at an efficiency bar.]