Honoraria, fees or allowances.

(1) With the previous sanction of the State Government, the Corporation may pay each councillor such honoraria, fees or other allowances as may be prescribed by rules made by the Corporation under this section. (2) The Corporation shall place at the disposal of the Mayor annually such sum 4[ * * * * * ] by way of sumptuary allowance as it may determine. (3) Notwithstanding any thing contained in section 10, the receipt by a councillor of any honorarium, fee or allowance as aforesaid shall not disqualify any person for being elected or being a councillor.] Standing Committee. 20. (1) The Standing Committee shall consist of twelve councillors. (2) The Corporation shall at its first meeting after general elections appoint twelve persons out of its own body to be members of the Standing Committee. 5[ * * * * * * ] 6[(7)(i)The term of the members appointed under sub-section (2) shall be two and a half years; (ii)the members shall be eligible for reappointment. 21. 8[(1) The members of the Standing Committee shall appoint on of its members to be the Chairman on the same day on which they are appointed under sub-section (2) of section 20. The term of the Chairman shall be two and a half years. (2)The Chairman shall be eligible for re-appointment. 1[ * * * * * ] ] (3)Notwithstanding the provisions of sub-sections (1) and (2) the Chairman shall vacate office as soon as he ceases to be a member of the Committee. (4)If any casual vacancy occures in the office of the Chairman, the Standing Com­mittee shall, as soon as conveniently may be after the occurrence of the vacancy, appoint one of its members to fill such vacancy and every Chairman so appointed shall continue in office so long only as the person in whose place he is appointed would have held it if such vacancy had not occurred. 22. Any member of the Standing Committee who absents himself during two successive months from the meeting of the Committee, except on account of temporary illness or other cause to be approved by the Committee, or absent him self from, or is unable to attend, the meetings of the Committee during four successive months from any cause whatever, whether approved by the Committee or not, shall cease to be a member of the Standing Committee and his seat shall thereupon be vacant. 23. In the event of non-acceptance of office by a councillor appointed to be a member of the Standing Committee or of the death or resignation of a member of the said Committee or of his becoming incapable of acting previous to the expiry of his term of office or of his seat becoming vacant under section 22 or on his ceasing to be a councillor, the vacancy shall be filled up, as soon as it conveniently may be, by the appointment of person thereto, who shall hold office so long only as the member in whose place he is appointed would have been entitled to hold it, if the vacancy had not occurred. 24. (1) The Standing Committee may, from time to time, by a resolution carried by the vote of at least two-thirds of its members present at the meeting, delegate to any Special Committee appointed under section 30 any of its powers and duties in respect of any matter with which such Special Committee is competent to deal, or refer to any such Committee any such matter for disposal or report, and every such Special Committee shall conform to any instructions that may from time to time be given to it by the Standing Committee in this behalf: Provided that every such resolution shall be reported by the Standing Committee to the Corporation as soon as possible, and the Corporation may at any time cancel such resolution. (2) The Standing Committee may, subject to the rules, by a specific resolution in this behalf delegate any of its powers and duties to sub-committees consisting of such members of the Standing Committee not less in number than three as the Standing Committee thinks fit and every such sub-committee shall conform to any instructions that may from time to time be given to it by the Standing Committee. The Transport Committee 25. (1) In the event of the Corporation acquiring or establishing a Transport Undertaking there shall be a Transport Committee consisting of nine members for the purpose of conducting the said undertaking in accordance with the provisions of this Act and subject to the conditions and limitations as are contained therein. (2) The Corporation shall at its first meeting after a Transport Undertaking is acquired or established appoint eight members of the Transport Committee from among persons who in the opinion of the Corporation have had experience of, and shown capacity in, administration or transport or in engineering, industrial, commercial, financial or labour matters and who may or may not be councillors. (3) A person shall be disqualified for being appointed, and for being a member of the Transport Committee if, under the provisions of this Act or any other law for the time being in force, he would be disqualified for being elected as, and for being, a councillor. (4) The Chairman of the Standing Committee shall be a member of the Transport Committee, ex-officio. 1[(5) The term of the members of the Transport Committee shall be two and a half years: Provided that such term shall not extend beyond the term of the Corporation. (6) The members shall be eligible for re-appointment. 2[ * * * * * ] ] (9) In the event of non-acceptance of office by any person appointed to be a member of the Transport Committee or of the death, resignation or dis-qualification of a member of the Committee or of his becoming incapable of acting, or of his office becoming vacant under the provisions of section 26, the vacancy shall be filled up, as soon as conveniently may be, by the appointment by the Corporation of a duly qualified person thereto, and such person shall hold office so long only as the person in whose place he is appointed would have held it if the vacancy had not occurred. 26. (1) Any person who, having been appointed a member of the Transport Committee,— (a) becomes disqualified for being a member of the Committee under the provisions of sub-section (3) of section 25, or (b) acts as a member of the Committee by voting or taking part in the discussion of or asking any question concerning any matter in which he has directly or indirectly by himself or his partner, any such share or interest as is described in clause (b) of sub-section (2) of section 10 or in which he is professionally interested on behalf of a client, principal or other person, or (c) absents himself during two successive months from the meetings of the Committee except from temporary illness or other cause to be approved by the Committee, or (d) absents himself from or is unable to attend the meetings of the Committee during four successive months from any cause whatsoever, whether approved by the Committee or not, shall cease to be a member of the Committee and his office shall there upon become vacant. (2) If any doubt or dispute arises whether a vacancy has occurred under sub-section (1) the Commissioner shall, at the request of the Corporation, refer the question to the Judge. 27. 1[(1) The Transport committee shall at its first meeting which shall be held on the same day of its constitution appoint one of its member to be the Chairman. The term of the Chairman shall be two and a half years. (2) The Chairman shall be eligible for re-appointment. 2[ * * * * * ] ] (3) Notwithstanding the provisions of sub-section (1) and (2) the Chairman shall Vacant office as soon as he ceases to be a member of the committee. (4) In the event of the office of Chairman falling vacant previous to the expiry of his term the Committee shall, as soon as conveniently may be after the occurrence of the vacancy, appoint one of its member to fill such vacancy and the Chairman so appointed shall hold office so long only as the person in whose place he is appointed would have held it if such vacancy had not occurred. 28. The Chairman and members of the Transport Committee shall be paid such con­veyance charges for attending meetings of the Committee as may be prescribed by rules. 29. (1) The Transport Committee may from time to time appoint out of its own body sub-committees consisting of such number of persons as the Committee thinks fit. (2) The Committee may by specific resolution carried by the vote of at least two-thirds of its members present at the meeting delegate any of its powers and duties to a sub-committee and may also by a like resolution define the sphere of business of such sub-committee.. (3) The Committee may refer to a sub-committee appointed under sub-section (1) for inquiry and report or for opinion any matter with which the Committee is competent to deal. 3[29A. (1) Where the population of the City is three lakhs or more, there shall be constituted by the 4[Municipal Corporation, Subject to the rules made by the State Government] Wards Committee or Committees consisting of one or more wards within the territorial area of a Corporation. (2) Each Wards Committee shall consist of - (a) Councillors of the Corporation representing a ward within the territorial area of the Ward Committee; 5[ * * * * * * * * *]: Provided that a person shall be disqualified for being appointed, and for being a member of the Wards Committee, if under the provisions of this Act or any other law for the time being in force, he would be disqualified for being elected as, and for being, a councillor. (3) The Wards Committee shall at its first meeting after its constitution under sub-section (1) and at its first meeting in the same month in each succeeding year shall elect,- where the Wards Committee consists of- (a) one ward, the Councillor representing that ward in the Corporation; or (b) two or more wards, one of the Councillors representing such wards in the Corporation elected by the members of the Wards Committee, to be the Chairperson of that Committee. (4) the Chairperson shall hold office untill his successor has been elected and shall be eligible for re-election. (5) The Chairperson shall vacate office as soon as he ceases to be a Councillor. (6)In the event of the office of the Chairperson falling vacant before the expiry of his term, the wards committee shall, as soon as conveniently may be after the occurrence of the vacancy, elect new Chairperson in accordance with sub-section (3): Provided that a Chairperson so elected shall hold office so long only as the person in whose place he is elected would have held it if such vacancy had not occurred. (7)The duration of the wards committee shall be co-extensive with duration of the Corporation. (8) The State Government shall by rules define the functions and duties of the Wards Committee, the territorial areas of such committee and the procedure to be adopted by such committee for transaction of its business. (9)The Chairperson and members of the Wards Committee shall be paid such conveyance charges for attending the meeting of the committee as may be prescribed by the rules.] Special and Ad hoc Committees. 30.(1)The Corporation may from time to time appoint out of its own body, Special Committees which shall conform to any instructions that the Corporation may from time to time give them. (2)The Corporation may by specific resolution passed by the vote of not less than two-thirds of the councillors present and voting at a meeting of the Corporation define the sphere of business of each Special Committee and direct that all matters and questions included in any such sphere shall in the first instance be placed before the appropriate Committee and shall be submitted to the Corporation with such Committee’s recommendation; and the Corporation may also by a like resolution delegate any of its powers and duties to specified Special Committees. (3)Every Special Committee shall appoint two of its member to be its Chairman and Deputy Chairman: Provided that no councillor shall, at the same time, be the Chairman of more than one Special Committee. 1[(3A)The term of the members of every Special Committee appointed by the Corporation upon the general elections held after the date of the commencement of the Gujarat Local Authorities Laws (Amendment) Act, 2015 shall be two and a half years.] (4)The Chairman and in his absence the Deputy Chairman and, in the absence of both, such other member as may be chosen by the members of the Special Committee present at a meeting thereof shall preside at the meeting. (5)Any member of a Special Committee who absents himself during two successive months from the meetings of such Committee, except on account of temporary illness or other cause to be approved by such Committee, or absents himself from or is unable to attend the meetings of such Committee during four successive months from any cause whatever, whether approved by such Committee or not, shall cease to be a member of such Committee and his seat shall thereupon be vacant. (6)All the proceedings of every Special Committee shall be subject to confirmation by the Corporation: Provided that if, in delegating any of its powers or duties to a Special Committee under sub-section (2), the Corporation directs that the decision of such Committee shall H-2002–4 be final, then so much of the proceedings of such Committee as relates to such powers or duties shall not be subject to confirmation by the Corporation, if such decision is supported by at least half the total number of members of such Committee: Provided further that any Special Committee may by a resolution supported by at least half the whole number of members direct that action be taken in accordance with the decision of such Committee without waiting for confirmation of its proceedings by the Corporation, where such confiramation is required, if such Committee considers that serious inconvenience would result from delay in taking such action; but if the Corporation does not subsequently confirm, the proceedings of such Committee such steps as may still be practicable shall be taken without delay to carry out the orders of the Corporation. 1[ * * * * * *] (8) The constitution of Special Committees and the conduct of business at meetings of such Committees, the keeping of minutes and the submission of reports and other matters before such Committees shall be regulated by rules. 31. (1)The Corporation may from time to time appoint out of its own body such ad hoc Committees consisting of such number of councillors as it shall think fit, and may refer to such Committees for inquiry and report or for opinion, such special subjects relating to the purposes of this Act as it shall think fit, and direct that the report of any such committee shall be submitted through the Standing Committee or a Special Committee constituted under section 30. (2)An ad hoc Committee appointed under sub-section (1) may, with the previ­ous sanction of the Corporation, co-opt not more than two persons who are not councillors but who in the opinion of the Committee possess special qualifications for serving thereon. Joint committees. 32. (1)The Corporation may from time to time join with a local authority or with a combination of local authorities— (a)in appointing a joint committee out of their respective bodies for any purpose in which they are jointly interested, and in appointing a chairman of such committee; (b)in delegating to any such committee power to frame terms binding on each such body as to the construction and future maintenance of any joint work, and any power which might be exercised by any of such bodies; and (c)in framing and modifying rules for regulating the proceedings of any such committee in respect of the purpose for which the committee is appointed. (2)Where the Corporation has requested the concurrence of any other local authority under the provisions of sub-section (1) in respect of any matter and such other local authority has refused to concur, the 2[State] Government may pass such orders as it deems fit reqiring the concurrence of such other local authority, not being a cantonment authority, in the matter aforesaid and such other local authority shall comply with such orders. (3)If any diffeference of opinion arises between the Corporation and any other local authority which has joined the Corporation under this section, the matter shall be referred to the 2[State] Government whose decision thereupon shall be final and binding: Provided that, if the local authority concerned is a cantonment authority, any such decision shall not be binding unless it is confirmed by the Central Government. (4) The Corporation may from time to time 1[in the case of any cantonment authority with the sanction of the State Govenrment and the Officer Commanding-in-Chief, the Command, and in other cases] with the sanction of the 2[State] Government enter into an agreement with a local authority or with a combination of local authorities for the levy of octroi or tolls 3[or a tax on vehicles, boats or animals] by the Corporation on behalf of the bodies so agreeing and, in that event, the provisions of this Act shall apply in respect of such levy as if the area of the City were extended so as to include the area or areas subject to the control of such local authority or such combination of local authorities. 4[(5) When any agreement such as is referred to in sub-section (4) has been entered into, then the total of the collection of such octroi, toll or tax made in the City and in the area or areas ordinarily subject to the control of such other local authority or authorities and the costs thereby incurred shall be divided between the Municipal Fund and the fund or funds subject to the control of such other local authority or authorities, as the case may be, in such proportion as may have been determined by the agreement.] Provisions regarding validity of proceedings. 33. No act or proceedings of the Corporation or of any committee or sub-committee appointed under this Act shall be questioned on account of any vacancy in its body. 34. No disqualification of, or defect in, the election or appointment of any person acting as a councillor, as the Mayor or the Deputy Mayor or the presiding authority of the Corporation or as the Chairman or a member of any Committee or sub-committee appointed under this Act shall be deemed to vitiate any act or proceeding of the Corporation or of any such Committee or sub-committee, as the case may be, in which such person has taken part, provided the majority of the persons, who were parties to such act or proceedings were entitled to Act. 35. Until the contrary is proved, every meeting of the Corporation or of a Committee or sub-comittee in respect of the proceedings whereof a minute has been made and signed in accordance with this Act or the rules shall be deemed to have been duly convened and held, and all the members of the meeting shall be deemed to have been duly qualified; and where the proceedings are proceedings of a Committee or sub-committee, such Committee or sub-Committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute. The Municipal Commissioner 36. (1)The Commissioner shall from time to time be appointed by the 2[State] Government. (2)The Commissioner shall in the first instance hold office for such period not exeeding three years as the 2[State] Government may fix and his appointment may be renewed from time to time for a period not exceeding three years at a time. (3)Notwithstanding the provisions of sub-section (2) the Commissioner may at any time, if he holds a lien on the service of the 5[Government] be recalled to such service after consultation with the Corporation and may further at any time be removed from office by the 2[State] Government for incapacity, misconduct or neglect of duty and shall forthwith be so removed if at a meeting of the Corporation not less than five-eighths of the whole number of councillors vote in favour of a resolution requiring his removal. 37. (1)The Commissioner shall receive from the Municipal Fund such monthly salary and allowances as the 1[State] Government may from time to time after consultation with the Corporation determine: Provided that the salary of the Commissioner shall not be altered to his disadvantage during the period for which his appointment has been made or renewed. (2)The Commissoner shall devote his whole time and attention to the duties of his office as prescribed in this Act or in any other law for the time being in force and shall not engage in any other profession, trade or business whatsoever: Provided that he may with the sanction of the Corporation serve on any committee constituted for the purpose of any local inquiry or for the furtherance of any object of local importance or interest. (3)When a salaried servant of the 2[Government] is appointed as the Commissioner such contribution to his pension, leave and other allowances as may be required by the conditions of his service under the 2[Government] to be made by him or on his behalf shall be paid to the 1[State] Government from the Municipal Fund. 38. (1)The 1[State] Government may from time to time with the assent of the Standing Committee grant leave of absence to the Commissioner for such period as it thinks fit. (2)The allowances to be paid to the Commissioner while absent on leave shall be of such amount not exceeding his salary, as shall be fixed by the 1[State] Government and shall, unless the Commissioner is a salaried servant of the 2[Government], be paid from the Municipal Fund: Provided that, if the Commissioner is a salaried servant of the 2[Government] the amount of such allowance shall be regulated by the rules for the time being in force relating to the leave allowances of slalried servants of the 2[Government] of his class. 39. During the absence on leave or other temporary vacancy in the office of the Commissioner, the 1[State] Government may appoint a person to act as the Commis­sioner and every person so appointed shall exercise the powers and perform the duties conferred and imposed by this Act or any other law for the time being in force on the Commissioner and shall be subject to all the liabilities, restirctions and conditions to which the Commissioner is liable and shall receive such monthly salary not exceeding the salary for the time being payable to the Commissioner as the 1[State] Government shall determine. Transport Manager. 40. (1) In the event of the Corporation acquiring or establishing a Transport Undertaking the Corporation shall, subject to the approval of the 1[State] Government, appoint a fit person to be the Transport Manager of the Transport Undertaking. (2) The Transport Manager Shall receive such monthly salary and allowances as the Corporation shall from time to time, with the approval of the 1[State] Government determine: Provided that the salary of the Transport Manager shall not be altered to his disadvantage during his period of office. 41. (1) Leave of absence may be granted from time to time to the Transport Manager by the Transport Committee with the assent of the Corporation. (2) The allowance to be paid to the Transport Manager while so absent on leave shall be of such amount, not exceeding the amount of his salary, as shall be fixed by the Corporation. (3) During the absence on leave or other temporary vacancy in the office of the Transport Manager the Transport Committee, with the assent of the Corporation, may appoint a person to act as Transport Manager ; every person so appointed shall exercise the powers and perform the duties conferred and imposed on the Transport Manager and shall be subject to the same liabilities, restrictions and conditions to which the Transport Manager is liable and shall receive such monthly salary, not exceeding the salary for the time being payable to the Transport Manager, as the Corporation shall determine. Disqualifications of the Commissioner. 42. (1) No person shall be qualified to be appointed or to be the Commissioner if he has, directly or indirectly, by himself or his partner, any share or interest in any contract with, by or on behalf of, the Corporation or in any employment with, by or on behalf of the Corporation other than as Commissioner. (2) Any Commissioner who shall acquire, directly or indirectly, by himself or his partner, any share or interest in any such contract or employment as aforesaid shall cease to be Commissioner and his office shall become vacant. (3) Nothing in this section shall apply to any such share or interest in any contract or employment with, by or on behalf of the Corporation as, under sub-clause (ii) or (iv) of clause (b) of sub-section (2) of section 10 it is permissible for a councillor to have without his being thereby disqualified for being a councillor. CHAPTER III. Proceedings of the Corporation, Standing Committee, Transport Committee 43. (1) The meetings of the Corporation, the Standing Committee, the sub-committees of the Standing Committee, the Transport Committee, the sub-committees of the Transport Committee, Special Committees and ad hoc Committees shall be held and the business before them shall be disposed of in the manner prescribed by rules. (2) The Commissioner 1[Shall remain present at a meeting of the corporation and take] part in the discussions thereat as a councillor, and, with the permision of the presiding authority, may at any time make a statement or explanation of facts, but he shall not be at liberty to vote upon, or to make, any proposition at such meeting. (3) The Corporation may require any of its officers to attend any meeting or meetings of the Corporation at which any matter dealt with by such officer in the course of his duties is being discussed; when any officer is thus required to attend any such meeting, he may be called upon to make a statement or explanation of facts or supply such information in his posession relating to any matter dealt with by him as the Corporation may require. (4) The Commissioner shall 2[remain present at a meeting of the Standing Committee or of a sub-committee and take] part in the discussions thereat as a member of the said committee, but he shall not be at liberty to vote upon, or make, any proposition at such meeting. (5) The Commissioner and in his absence the Deputy or Assistant Commissioner authorised by the Commissioner in this behalf and the Transport Manager and in his absence any officer authorised by the Transport Manager in this behalf shall have the same right of being present at a meeting of the Transport Committee or of a sub-committee and of taking Part in the discussion thereat as a member of the said Committee but shall not be at liberty to vote upon or make any proposition at such meeting. 44. A councillor may, subject to the conditions prescribed by rules, ask questions on any matter relating to the administration of this Act or the municipal government of the City. CHAPTER IV. Municipal Officers and Servants—their appointment and City Engineer, Medical Officer of Health, Municipal Chief Auditor, Municipal Secretary, Deputy Municipal Commissioner and Assistant Municipal Commissioner. 45. (1) The Corporation shall from time to time appoint fit persons to be City Engineer, Medical Officer of Health, Municipal Chief Auditor and Municipal Secretary. 1[(2) The Corporation may from time to time with the approval of the State Government create as many appointments as it considers necessary of the Deputy Municipal Commissioner, an Assistant Municipal Commissioner or such other officers. The State Government may appoint a fit person or person to be the Deputy Municipal Commissioner or the Assitant Municipal Commissioner or such other officer.] (3) An officer appointed under this section shall have such qualifications as may be prescribed under the rules and shall receive such monthly salary and allowances as the Corporation may with the approval of the 2[State] Government from time to time fix: Provided that the salary of no officer shall be altered to his disadvantage during his period of office. (4) Every appointment made under this section excepting an appointment of 3[a Municipal Secretary a Deputy Municipal Commissioner or an Assistant Municipal Commissioner] shall be subject to confirmation by the 2[State] Government and any officer whose appointment the 2[State] Government refuses to confirm shall be removed from office forthwith. (5) On the occurrence of a vacancy in any office specified in 4[sub-section (1)] an appointment shall be made thereto by the Corporation within four months from the date on which the vacancy occurred or, in the event of the removal of an officer under sub-section (4), within thirty days of the receipt by the Corporation of the order of the 2[State] Government. (6) In default of an appointment being made by the Corporation under sub-section (5), the 2[State] Government may appoint a fit person to fill the vacancy and such appointment shall for all purposes be deemed to have been made by the Corporation. (7) Pending the settlement of an appointment under sub-section (1) or sub-section (5), the Corporation may appoint a person to fill the vacancy temporarily and may direct that the person so appointed shall receive such monthly salary and allowances not exceeding the maximum fixed under sub-section (3) for the time being as it thinks fit: Provided that no such appointment shall extend beyond or be made after a lapse of six months from the date on which the vacancy occurs. 46. The City Engineer and the Medical Officer of Health shall perform such duties as they are directed by or under this Act to perform and such other duties as may be required of them by the Commissioner. 47. (1) The Municipal Chief Auditor shall— (a) perform such duties as he is directed by or under this Act to perform and such other duties with regard to the audit of the accounts of the Municipal Fund as shall be required of him by the Corporation or by the Standing Committee and with regard to the audit of the accounts of the Transport Fund as shall be required of him by the Transport Committee; (b) prescribe, subject to such directions as the Standing Committee may from time to time give, the duties of the auditors and assistant auditors, clerks and servants immediately subordinate to him; and (c) subject to the orders of the Standing Committee, exercise supervision and control over the acts and proceedings of the said auditors, assistant auditors, clerks and servants and, subject to the regulations, dispose of all questions relating to the service, remuneration and privileges of the said auditors, assistant auditors, clerks and servants. (2) The Municipal Chief Auditor shall not be eligible for further office under the Corporation after he has ceased to hold his office. 48. The Municipal Secretary shall be the Secretary of the Corporation and also of the Standing Committee and shall— (a) perform such duties as he is directed by or under this Act to perform and such other duties in and with regard to the Corporation and the Standing Committee as shall be required of him by those bodies respectively; (b) have the custody of all papers and documents connected with the proceedings of— (i) the Corporation and any Committee appointed by the Corporation under section 30 or 31, (ii) the Standing Committee and any sub-committee thereof; (c) prescribe, subject to such directions as the Standing Committee may from time to time give, the duties of the officers and servants immediately subordinate to him; and (d) subject to the orders of the Standing Committee exercise supervision and control over the acts and proceedings of the said officers and servants and, subject to the regulations, dispose of all quesitons relating to the service, remuneration and privileges of the said officers and servants. 49. (1) A Deputy Municipal Commissioner or Assistant Municipal Commissioner shall, subject to the orders of the Commisioner, exercise such of the powers and perform 1[such of the duties of the Commissioner, including powers and duties of a judicial or quasi-judicial nature] as the Commissioner shall from time to time depute to him: Provided that the Commissioner shall inform the Corporation of the powers and duties which he from time to time deputes to a Deputy Municipal Commissioner or Assistant Municipal Commissioner: 2[Provided further that nothing in this sub-section shall be deemed to empower the Commissioner to issue any order regulating the exercise of powers or performance of duties of a judicial or quasi-judicial nature deputed by him.] (2) All acts and things performed and done by a Deputy Municipal Commissioner or Assistant Municipal Commissioner during his tenure of office and by virtue thereof shall for all purposes be deemed to have been performed and done by the Commissioner. 50. (1) The Transport Manager and all officers appointed under section 45 shall, subject to the provisions of sub-section (2), devote their whole time and attention to the duties of their respective offices and shall not engage in any other profession, trade or business whatsoever. (2) The Corporation may, subject to the regulations, permit the Transport Manager or any other officer referred to in sub-section (1) to perform while on duty or during leave a specified service or series of services for a private person or body or for a public body, including a local authority or for the Government and to receive remuneration therefore. (3) The Transport Manager or any other officer referred to in sub-section (1) shall be removable at any time from office for misconduct or for neglect of, or incapacity for, the duties of his office on the votes of not less than one half of the whole number of councillors. (4) In all matters not otherwise provided for in this Act, the conditions of service of the Transport Manager and other officers specified in sub-section (1) shall be regulated by the regulations. Other Officers and Servants. 51. (1) Subject to the provisions of sub-section (4) the Standing Committee shall from time to time determine the number, designations, grades, salaries, fees, and al­lownaces of auditors, assistant auditors, officers, clerks and servants to be immediately subordinate to the Municipal Chief Auditor and the Municipal Secretary respectively. (2) The Commissioner shall, from time to time, prepare and bring before the Standing Committee a statement setting forth the number, designations and grades of the other officers and servants who should in his opinion be maintained; and the amount and nature of the salaries, fees and allowances, which he proposes should be paid to each. (3) The Standing Committee shall, subject to the provisions of sub-section (4), sanction such statement either as it stands or subject to such modifications as it deems expedient. 1[(4) No new permanent office of which the minimum monthly salary, exclusive of allownaces, exceeds such amount as may be fixed by the State Government by a gen­eral or special order from time to time in the case of each Corporation shall be created except with the previous sanction of the Corporation and no new office of which the minimum or maximum monthly salary exclusive of allowances exceeds such amount as may be fixed in this behalf by the State Government, by a general or special order, from time to time in the case of each Corporation shall be created except with the previous sanction of the State Government.] (5) Nothing in this section shall be construed as affecting the right of the Corpo­ration or of the Commissioner to make any temporary appointment which it or he is empowered to make under section 53. 2[Explanation.— An increase in the salary of any permanent office shall be deemed, for the purpose of sub-section (4), to be creation of new office if, by reason of such increase, the minimum or, as the case may be, the maximum monthly salary, exclusive of allowances, exceeds the minimum, or, as the case may be, the maximum amount fixed by State Government for the purpose of the said sub-section (4).] 52. No permanent officer or servant shall be entertained in any department of the municipal administration unless he has been appointed under section 40 or 45, or his office and emoluments are covered by sub-section (1) of section 51 or are included in the statement sanctioned under sub-section (3) of section 51 and for the time being in force 1[excepting the Deputy Municipal Commissioner or the Assistant Municipal Com­missione.] 53. (1) The power of appointing municipal officers, whether temporary or per­manent, whose minimum monthly salary exclusive of allowances 3[exceeds such amount as may be fixed in this behalf by the State Government, by a general or special order, from time to time in the case of each Corporation] shall vest in the Corporation: Provided that temporary appointments for loan works carrying 3[a minimum monthly salary, exclusive of allowances of the amount as so fixed by the State Government] may be made for a period of not more than six months by the Commissioner with the previous sanction of the Standing Committee on condition that every such appointment shall forthwith be reported by the Commissioner to the Corporation and no such appointment shall be renewed on the expiry of the said period of six months without the previous sanction of the Corporation. (2) Save as otherwise provided in sub-section (1), the power of appointing municipal officers and servants, whether temporary or permanent, under the immediate control of the Municipal Chief Auditor and the Municipal Secretary shall vest in the Municipal Chief Auditor or the Municipal Secretary, as the case may be, subject, in either, case, to the approval of the Standing Committee unless the said Committee in any particular case or class of cases dispenses with his requirement. (3) Save as otherwise provided in this Act, the power of appointing municipal officers and servants whether permanent or temporary vests in the Commissioner: Provided that such power in respect of permanent appointments shall be subject to the statement for the time being in force prepared and sanctioned under section 51: Provided further that no temporary appointment shall be made by the Commissioner for any period exceeding six months and no such appointment carrying 4[a monthly salary exceeding such amount as may be fixed in this behalf, by a general or special order, from time to time by the State Government in the case of each Corporation] shall be renewed by the commissioner on the expiry of the said period of six months without the previous sanction of the Standing Committee.