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MMC Act Chapter IV

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100 Questions

What is the maximum term for which an officer can be appointed under this Act?

5 years

What is the condition for a municipal officer to be appointed for a period of 5 years?

If the officer is not due to retire before the expiry of the 5-year period

What is the minimum number of votes required to remove an officer from office?

Two-thirds of the members present

What is the condition for a person to be appointed as an executive health officer?

The person should be a legally qualified medical practitioner

Who can appoint a person to fill a vacancy temporarily?

The corporation

What is the maximum period within which the corporation should make an appointment to fill a vacancy?

4 months

Who can appoint a person to fill a vacancy if the corporation fails to do so?

The State Government

What is the role of the executive health officer appointed under this Act?

Consulting officer of health

What is the condition for a person to be appointed as a temporary executive health officer?

No such condition is specified

What is the maximum monthly salary that a person appointed temporarily can receive?

The maximum permissible under clause (c) of sub-section (2) of section 74

Who is the Municipal Education Officer subordinate to?

The Commissioner

What is the role of the Municipal Education Officer?

To exercise the Commissioner's powers and perform duties assigned by the Commissioner

What is the condition for the removal of the Municipal Education Officer from office?

For misconduct or for neglect of or incapacity for duties of the office

Who appoints the medical officers in connection with measures of public medical relief?

The Corporation

Who is the secretary of the Standing Committee and the Improvements Committee?

The Municipal Secretary

What are the duties of the Municipal Secretary with respect to papers and documents?

To have the custody of all papers and documents

Who can appoint clerks and servants subordinate to the Municipal Secretary?

The Standing Committee

What is the role of the Municipal Secretary with respect to the clerks and servants?

To exercise supervision and control over their acts and proceedings

Who disposes of all questions relating to the service of the clerks and servants and their pay, privileges, and allowances?

The Standing Committee

What is the condition for the alteration of the salary of the Municipal Secretary?

The salary cannot be altered during the period of office

What is the condition for a permanent officer or servant to be entertained in a municipal administration department?

They have been appointed under sections 5, 6, 7, 8, 9, or 10

Who has the power of appointing municipal officers, whether temporary or permanent, to posts which rank equivalent to or higher than the post of Executive Engineer?

The Corporation

What is the period for which temporary appointments to posts may be made by the Commissioner with the previous sanction of the Standing Committee?

Six months

Who has the power of appointing municipal officers and servants, except for certain posts?

The Commissioner

What is the condition for the renewal of a temporary appointment made by the Commissioner?

The previous sanction of the Corporation

What is the condition for the appointment of a person to a post equivalent to or higher than the post of Executive Engineer?

Consultation with the Commission

Who is exempt from the requirement of consultation with the Commission for appointment to certain posts?

The Commissioner, in the case of posts in the Water Supply and Sewerage Department

What is the period for which an acting or temporary appointment can be made without consulting the Commission?

Six months

What is the exception to the requirement of consultation with the Commission for appointment to certain ministerial posts?

The posts are specified by the State Government

What is the purpose of the schedule prepared and sanctioned under section 79?

To determine the rank of officers

What is the primary responsibility of the Special Engineer?

Handling postwar reconstruction and general development

For how many years can the Special Engineer hold the post?

For a period not exceeding seven years

What must the Special Engineer devote his whole time and attention to?

The duties of his office

Whose confirmation is required for the appointment of the Special Engineer?

State Government

What happens to the operations of provisions of sections 74 and 75 during the appointment of the Special Engineer?

They are temporarily suspended

Who appoints fit persons to be the municipal city engineer?

The Corporation

What salary and allowances does the Special Engineer receive?

As determined by the Corporation

Which section's provisions do not apply to the appointment of the Special Engineer?

Section 80B

Who is exempt from the application of sub-section 1?

A member of the Indian Administrative Service

What is required before the Corporation and the Brihan Mumbai Electric Supply and Transport Committee can make rules?

Consultation with the Commission

Who must the State Government consult with to make rules for appointments?

The Corporation and the Commission

What is one of the specific procedures that must be prescribed by the rules?

The procedure for selecting candidates and consulting the Commission

Which committee is mentioned specifically in relation to sub-section (4)(a)?

The Brihan Mumbai Electric Supply and Transport Committee

What fees and costs must be prescribed by the rules for consultation with the Commission?

Fees and other costs

Who gives previous sanction for making rules regarding qualifications for certain posts?

The State Government

What is the procedure discussed for Municipal Officers to attend interviews?

To advise the Commission

Who has the authority to appoint the Municipal Chief Auditor?

The State Government

What is a condition under which the Municipal Chief Auditor's salary may change?

It cannot be altered to his disadvantage

What is the role of the Municipal Chief Auditor in relation to other municipal funds?

Conducts audits as required by the corporation or the committees

What is the Municipal Chief Auditor required to do with their time?

Devote whole time and attention to their duties

Which committee may appoint assistant auditors and other staff for the Municipal Chief Auditor?

Standing Committee

Who supervises the assistant auditors and clerks appointed under the Municipal Chief Auditor?

The Municipal Chief Auditor

What happens if the Municipal Chief Auditor engages in misconduct?

They can be removed by a two-thirds vote of the corporation

What is the main role of the Municipal Chief Accountant (Water Supply and Sewerage)?

To keep the accounts of the Water and Sewerage Fund

What restriction on further employment exists for the Municipal Chief Auditor once they leave office?

Cannot hold any future office under the corporation

Which committee is involved in approving the schedule proposed by the Commissioner for educational officers?

Education Committee

Who acts as the Principal Municipal Finance Officer?

Municipal Chief Accountant

Under what circumstances can the Municipal Chief Accountant (Treasury) be removed from office?

For neglect of duty

Who advises the Commissioner on financial matters?

Municipal Chief Accountant

Who determines the salary of the Municipal Chief Accountant (Water Supply and Sewerage)?

The Corporation with approval of the State Government

What should the Commissioner's schedule include for the Standing Committee's review?

Designations and grades of officers and servants

What approval is required before the Education Committee can sanction the schedule proposed by the Commissioner?

Previous approval of the State Government

Which officer is referred to as the Principal Municipal Treasury Officer?

Municipal Chief Accountant (Treasury)

Who can make temporary appointments under section 80A?

The Commissioner and Corporation

What is required for new offices with emoluments exceeding ₹500 per month?

Sanction of the Corporation

What must not be altered to the disadvantage of the Municipal Chief Accountant during his period of office?

His salary

On what condition will rules prescribing qualifications for appointments continue in force?

Until superseded or amended by rules made under the specified section

Rules made under the specified section must be published in which medium?

Official Gazette

Who needs to confirm rules made by the Brihan Mumbai Electric Supply and Transport Committee before submitting them to the State Government?

The Corporation

What happens to all fees paid to the Commission under the specified section?

Credited to the State Government

Under which condition are communications made by the Commission considered?

Confidential

Which committee must not be allowed to discuss confidential communications made by the Commission?

Standing Committee or Brihan Mumbai Electric Supply and Transport Committee

Which Act's coming into force affected the qualifications for posts that shall continue in force?

Bombay Municipal Corporation and City of Bombay Primary Education (Amendment) Act, 1950

What procedure is not permitted regarding communications about appointments to any post for which the Commission was consulted?

Discussion in the Corporation or any committee

What needs to happen before a regulation made by the Standing Committee becomes valid if it pertains to pension, gratuities, or compassionate allowances?

It must be confirmed by the corporation and the State Government.

Which body is responsible for framing regulations related to the remuneration of persons appointed to act for municipal officers during their absence on leave?

The Standing Committee

What is the scope of regulations that the Standing Committee can prescribe under clause (h)?

Any other conditions of service of the municipal officers and servants

Under what conditions can the surviving spouse, children, or in their absence, parents, brothers, and sisters, receive compassionate allowances?

Upon the death of municipal officers and servants

Which regulation involves determining the conditions for receiving pensions, gratuities, or compassionate allowances?

Clause (f)

What do regulations authorize regarding travelling or conveyance allowance of municipal officers and servants?

Payment of such allowances

What must the amount and nature of security be fixed by for any municipal officer or servant?

A regulation framed in consonance with a corporation resolution

What needs confirmation by the corporation for a regulation regarding leave payments for officers and servants to be valid?

Standing Committee's regulation concerning such payments

Who can dismiss an officer appointed to a post under sub-section (1) of section 80A without previous approval?

Standing Committee

For how long can a suspension by the Commissioner last without confirmation from the Corporation?

Six months

Who imposes penalties such as censure and fine on any municipal officer or servant?

Commissioner

What kind of penalty can the Commissioner NOT impose?

Dismissal

Who can fine, reduce, or suspend subordinate officers drawing a salary not exceeding rupees two hundred and fifty?

Municipal Chief Auditor

What is the maximum leave of absence the Commissioner can grant to any municipal officer or servant?

One month

Which committee must confirm a suspension to prevent it from ending automatically after six months?

Standing Committee

Which of the following authorities can recover the whole or part of any pecuniary loss caused to the Corporation from the salary of an officer?

Municipal Commissioner

Who can grant leave of absence to a municipal clerk or servant whose salary does not exceed Rs. 200 per month, for a period not exceeding three months?

The municipal secretary

For a municipal officer employed for the purposes of clause (q) of section 61, who has the authority to grant leave of absence for a period exceeding one month?

The Education Committee

Who can make the appointment of a person to act in place of an officer absent on leave?

The same authority who granted the leave

Who appoints a replacement if the city engineer is granted leave of absence for over one month?

The Corporation

Under what condition may the appointment of a person to act as the executive health officer be disallowed?

If it is disallowed by the State Government

What qualification must a person have to act as the executive health officer for more than three months?

Medical qualifications

What is the maximum salary a temporarily appointed person can receive when a vacancy occurs in the posts referred to in section 80B(1)?

The maximum salary of the post

What happens if a municipal officer or servant acquires a share or interest in any contract with the corporation?

They cease to be a municipal officer or servant

What section states that certain provisions do not apply to officers and servants appointed under Chapter XVI-A?

Section 84A

What is required for the acting executive health officer if appointed for less than three months?

Can be from any professional background

Study Notes

Municipal Officers and Servants

Special Engineer

  • The Corporation may appoint a Special Engineer to execute powers and perform duties in connection with post-war reconstruction and general development of the city.
  • The Special Engineer shall hold office for a period not exceeding seven years.
  • The Special Engineer shall receive a monthly salary and allowances as determined by the Corporation.
  • The Special Engineer shall devote whole time and attention to the duties of the office.

City Engineer, Municipal Executive Health Officer, and Municipal Hydraulic Engineer

  • The Corporation shall appoint fit persons to be City Engineer, Municipal Executive Health Officer, and Municipal Hydraulic Engineer.
  • Each of these officers shall be appointed for a renewable term of five years.
  • They shall devote their whole time and attention to the duties of their office.
  • They shall receive a monthly salary as determined by the Corporation with the approval of the State Government.

Executive Health Officer

  • The Executive Health Officer shall be the consulting officer of health for the purposes of the Bombay Act VI of 1867.
  • The Executive Health Officer may accept any appointment that would promote public health, with the sanction of the Corporation.

Education Officer

  • The Corporation shall appoint a fit person to be the Municipal Education Officer.
  • The Municipal Education Officer shall be subordinate to the Commissioner and exercise powers and perform duties in regard to primary and secondary education.
  • The Municipal Education Officer shall receive a monthly salary as determined by the Corporation with the approval of the State Government.

Municipal Secretary

  • The Corporation shall appoint a fit person to be the Municipal Secretary.
  • The Municipal Secretary shall be the secretary of the Corporation and the Standing Committee and the Improvements Committee.
  • The Municipal Secretary shall perform duties as directed by this Act and as required by the Corporation and the Standing Committee and the Improvements Committee.
  • The Municipal Secretary shall receive a monthly salary as determined by the Corporation with the approval of the State Government.

Municipal Chief Auditor

  • The State Government shall appoint a suitable officer to be the Municipal Chief Auditor.
  • The Municipal Chief Auditor shall perform duties with regard to the audit of the accounts of the municipal funds.
  • The Municipal Chief Auditor shall devote whole time and attention to the duties of the office.
  • The Municipal Chief Auditor shall receive a monthly salary as determined by the Corporation with the approval of the State Government.

Municipal Chief Accountant

  • The Corporation shall appoint a fit person to be the Municipal Chief Accountant.
  • The Municipal Chief Accountant shall be the Principal Municipal Finance Officer to advise the Commissioner on financial matters.
  • The Municipal Chief Accountant shall perform duties with regard to the municipal finance.
  • The Municipal Chief Accountant shall receive a monthly salary as determined by the Corporation with the approval of the State Government.

Other Officers and Servants

  • The Commissioner shall prepare and bring before the Standing Committee a schedule setting forth the designations and grades of the other officers and servants.

  • The Standing Committee shall sanction the schedule either as it stands or with modifications.

  • No new office with aggregate emoluments exceeding Rs. 500 per month shall be created without the sanction of the Corporation.### Appointment of Municipal Officers and Servants

  • The power to appoint municipal officers and servants vests in the Commissioner, except for permanent appointments which require previous sanction of the Corporation.

  • Temporary appointments cannot exceed six months and require previous sanction of the Standing Committee or Education Committee for renewal.

Posts Exempt from Consultation with Commission

  • Posts in the Water Supply and Sewerage Department financed by the International Development Association do not require consultation with the Commission.
  • Ministerial posts specified by the State Government in consultation with the Commission do not require consultation with the Commission.
  • Acting or temporary appointments for a period not exceeding six months do not require consultation with the Commission.

Consultation with Commission

  • Consultation with the Commission is required for appointments to posts equivalent to or higher than Executive Engineer or Secretary.
  • The Commission must be consulted in accordance with rules made under this section.

Rules for Consultation with Commission

  • The State Government, in consultation with the Corporation and Commission, must make rules for:
    • Advertising posts and calling for applications
    • Scrutinising applications and selecting candidates for interview
    • Selecting candidates and consulting with the Commission
    • Enabling Municipal Officers to attend interviews and advise the Commission
    • Resolving differences of opinion between the Commission and appointing authority
    • Paying fees and costs to the Commission for consultation and incidental matters
    • Other matters incidental to consultation with the Commission

Qualifications for Appointment

  • The Corporation and Brihan Mumbai Electric Supply and Transport Committee, with the previous sanction of the State Government, must make rules prescribing qualifications for appointment to posts equivalent to or higher than Executive Engineer or Secretary.

Powers and Functions of the Corporation

  • The Corporation has the power to make rules regulating the recruitment, appointment, promotion, and conditions of service of municipal officers and servants.
  • The Corporation shall confirm any rules made by the Brihan Mumbai Electric Supply and Transport Committee before submitting them to the State Government.

Leave of Absence, Acting Appointments, etc.

  • The Standing Committee shall frame regulations regarding the grant of leave to municipal officers and servants.
  • Regulations may authorize the payment of allowances to officers and servants while absent on leave.
  • The Corporation shall confirm regulations made by the Standing Committee regarding the remuneration to be paid to persons appointed to act for officers or servants during their absence on leave.

Disciplinary Action

  • A municipal officer or servant may be reduced, removed, or dismissed for breaches of departmental rules or discipline, carelessness, unfitness, neglect of duty, or other misconduct.
  • Certain officers may be suspended or dismissed by the Commissioner with the approval of the Standing Committee or the Education Committee.
  • The Commissioner may impose penalties such as censure, recovery of pecuniary loss, fine, withholding of increments, or withholding of promotion.

Grant of Leave

  • The Commissioner may grant leave of absence to municipal officers and servants, subject to regulations.
  • Leave of absence may be granted to clerks or servants appointed under Section 78 or Section 78B, subject to certain conditions.

Actings Appointments

  • The appointment of a person to act in the place of an officer absent on leave may be made by the same authority who grants the leave of absence.
  • In certain cases, the appointment of a person to act for the city engineer, executive health officer, or hydraulic engineer shall be made by the Corporation.

Disqualifications of Municipal Officers and Servants

  • A person who has a share or interest in any contract with the Corporation shall be disqualified from being a municipal officer or servant.
  • A municipal officer or servant who acquires a share or interest in such a contract shall cease to be a municipal officer or servant, and their office shall become vacant.

This quiz covers the roles and responsibilities of municipal officers and servants, including the Special Engineer, City Engineer, and Executive Health Officer, as outlined in the City of Bombay Municipal Act, 1947.

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