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Section 58: Appointment and conditions of Service of Corporation Officers and servants

Madhya Pradesh Municipal Corporation Act, 1956State Act of Madhya Pradesh · Act 23 of 1956

(1) Subject to the rules made by the State Government in respect of the Set-up, Strength, Recruitment, Appointment, Pay-Scales, Allowances and other conditions of service of officers and servants of the Corporation, the corporation shall appoint such officers and servants as may be necessary for the efficient performance of the functions of the Corporation:

Provided that-

(i) the power of appointing any person on a municipal post which carries a maximum scaloe of pay as the State Government may, from time to time, by an order in writing specify, shall vest in the Mayor-in-Council or the Commissioner;

(ii) any appointment made within his power by the Commissioner shall be reported for information to the Mayor-in-Council.

(iii) every appointment to be made by the Mayor-in-Council shall be subject to the prior confirmation of the State Government. The decision of the State Government in this behalf shall be final.

(2) Notwithstanding anything contained in sub-section (1), in emergent situations, the Mayor-in- Council may make adhoc appoiontments for a period not exceeding six months, with prior permission of the State Government.

(3) The State Government may despute to any post under the corporation carrying maximum scale of pay as the State Government may, from time to time, by an order in writing specify such servants of the State Government as it may consider necessary.

(4) The terms and conditions of deputation of servants of the State Government, including disciplinary control shall be such as may be prescribed.

(5) Notwithstanding anything contained in this Act or any rules or bye-laws made there under, the State Government may, subject to the conditions specified in sub-section (6) transfer on deputation (any officer or servant of a Municipal Corporation) to any other Maunicipal Corporation and itn shall not be necessary for the State Government to consult either the Corporation or the Officer or Servant concerned before passing an order of transfer on deputation under this sub-section.

(6) The officer or servant transferred under sub-section (5) shall-

(a) have his lien on the post held in the parent Corporation;

(b) not be put to disadvantageous position in respect of pay and allowances which he would have been entitled to had he continued inn the parent Corporation;

(c) be entitled to deputation allowance at such rate as the State Government may by general order specify; and

(d) be governed by such other terms and conditions including disciplinary control as the State Government may, by general or special order, specify.

Explanation :- for the purpose of sub-section (3) & (4) - i.e.

1. "Town and Country Development Authority" means the Town and Country Development Authority constituted under section 38 of the Madhya Pradesh Nagar tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) ;

2. "Government undertaking" means an undertaking wholly are partly owned or control by the State Government.

Where this provision sits

ActMadhya Pradesh Municipal Corporation Act, 1956
Section58
Marginal noteAppointment and conditions of Service of Corporation Officers and servants
JurisdictionState of Madhya Pradesh
StatusIn force as published by the source

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