State Act

The Mumbai Municipal Corporation Act.

85. Acting appointment.— (1) The appointment of a person to act in the place of an officer absent on leave may be made, when necessary, and subject to the regulations aforesaid, by the same authority who grants the leave of absence. (2) Provided that— (a) When the 10[city engineer] or the executive health officer 11[or the hydraulic engineer] is granted leave of absence for a period exceeding one month, the appointment of a person to act for him shall be made by the corporation; (b) any appointment of person to act 1[city engineer] or as executive health officer 2[or as hydraulic engineer] may be disallowed by the 3[4[State] Government], and from the time being so disallowed shall be null and void; (c) no person shall be appointed to act for the executive health officer for a period exceeding three months, unless such person is a legally qualified medical practitioner, but a person appointed to act for the said officer for a period not exceeding three months need not be legally qualified medical practitioner. (3) A person appointed under this section to act for any officer or servant shall, while so acting, perform the same duties and exercise the same powers and be subject to the same liabilities, restrictions and conditions which the permanent incumbent of the office or place is bound to perform or may exercise or to which said incumbent is liable.