section 3
Conditions as to resignation, withdrawal and absence from specified duties. Neglect or breach of duty. Provisos.
The Bombay Municipal Servants ActInfrastructure18906 sections
Statutory text
- (1) Any Municipal Officer, servant or other person employed by, or on behalf of, the Corporation or a Municipality to perform any of the duties specified in the Schedule, who-
- (a) without the written permission, in 1[Greater Bombay] of the Commissioner or a person by him deputed in that behalf, and elsewhere of the Officer authorized by the Municipality to give such permission, resigns his office without at least two months notice given in writing to the Commissioner or person by him deputed, or to such Officer, or withdraws or absents himself from the duties thereof, except in case of illness or accident disqualifying him for the discharge of such duties or other reason accepted as sufficient by such Commissioner or person by him deputed, or such Officer ; or
- (b) Neglect or breach of duty.- is guilty of any wilful breach or neglect of any provision of law or of any rule or order which as such municipal officer, servant or other person employed by, or on behalf of, the Corporation or a Municipality, it is his duty to observe or obey ; or
- (c) who abets an offence under clause (a) or clause (b) ; shall be liable to forfeit his pay accruing due under a current term of service, and arrears of pay due for a term of not more than one month, and in addition to such forfeiture and any other penalty which may be imposed on him under any enactment or rule for the time being in force, shall be liable, on conviction, by a Magistrate, to imprisonment which may extend to three months or to fine, or to both imprisonment and fine : Provisos.- Provided that if any such officer, servant or other person produces a certificate signed by the medical officer appointed in the City of Bombay by the Commissioner, and elsewhere by the Municipality in this behalf, of a present incapacity to perform his duties which will probably endure for a month or more, the necessary permission to resign shall forthwith be granted : Provided further that no fee shall be taken from a person on account of such certificate as aforesaid or of examination in connection therewith.
- (2) The provisions of clauses (a) and (b) of sub-section (1) shall not apply to persons at the date of the passing of this Act in the employment of the Corporation or of a Municipality until the lapse of two months from such date.
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