Chapter XII CONTROL

The Divisional Commissioner, Collector or any officer authorized by the State Government in this behalf by general or special order may-

1. (a) enter on and inspect or authorize any other person to enter on and inspect any immovable property occupied by Council or any of its Committees or any institution under its control or management or any work in programmes under its direction.
2. (b) call for or inspect any record or extra from the proceedings of any meeting of the Council or of any of its Committees and any book or document in the possession of or under the control of a Council;
3. (c) call for an y return, statement ,account or report which he may think fit to require such Council to furnish;
4. (d) require a Council to take into its consideration any objection which appears to him to exist to the doing for anything which is about to be done or if being done by or on behalf of such Council or any information which it is able to furnish and which appears to him to necessitate the doing of a certain thing by the Council, and to make written reply to him within a reasonable time stating its reason for not desisting from doing, or for not doing such thing.

Divisional Commissioner, the Collector, or any other officer authorized by the State Government in this behalf, the execution of any order or resolution of a Council, or of any of its Committee or any other authority or officer subordinate thereto, or the doing of any act which is about to be done or is being done by or on behalf of the Council, is not in conformity with law or with the rules or bye-laws made there under and is detrimental to the interests of the Council or the public or is causing or is likely to cause injury or annoyance to public or any class or body of persons or is likely to lead to a breach of the peace, he may, by order or prohibit the doing of any such act.

1. (2) When any order under sub-section (1) is passed the authority making the order, shall forthwith forward to the State Government and to the Council affected thereby a copy of the order with a statement of reasons for making it; and it shall be in the discretion of the State Government to rescind the order, or to direct that it shall continue in force with or without modification, permanently or for such period as it thinks fit:

Extraordinary powers in case of emergency.-(1) In case of emergency the State Government or any officer, authorized by the State Government in this behalf may direct or provide for the execution of any work, or the doing of any act, which a Council is empowered to execute or do, and the immediate execution or doing of which is in its or his opinion, necessary for the health or safety of the public and may direct that the expense of executing the work of doing the act with a reasonable remuneration to the person appointed to execute or do it shall be forthwith paid bythe Council.

1. (2) If the expenses and he remuneration are not so paid, the State Government or any officer authorized in this behalf may make an order directing any person, who for the time being has custody of any moneys on behalf of the Council, to pay such expense and remuneration from

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

such moneys as he may have in his hands or may, from time to time, receive, and such person shall be bound to obey such order.

1. (3) Provisions of sub-section (2) of Section 323 shall, so far as may be apply to any order made under this section.

If in the opinion of the State Government the number of persons who are employed by the Council as officers or servants, or whom the Council may propose to employ as such or the remuneration assigned by the Council to those persons, or to any of them is excessive, the Council shall on the requirement of the State Government reduce the number of those persons or the remuneration, as the case may be.

325-A.-Public opinion to be obtained- Notwithstanding anything contained in this Act, the

Enquiry into Municipal matters.-(1) The State Government may order an enquiry to be held by any officer appointed by it in this behalf into any matter concerning the municipal administration of any Council or any matter with respect to which it sanction, approval or consent is required under this act.

1. (2) The officer holding such enquiry under section (64) of this Act shall for the purpose there of have the powers which are vested in a Court under the Code of Civil procedure, 1908 (V of 1908) in respect of the following matters:-
   • (a) discovery and inspection
   • (b) enforcing the attendance of witnesses; and requiring the deposit of their expenses;
   • (c) compelling the production of documents;
   • (d) examining the witnesses on oath;
   • (e) granting adjournments;
   • (f) reception of evidence taken on affidavit; and
   • (g) issuing commission for the examination of witness; and any summon and examine sue motu any person whose evidence appears to him to be material , and shall be deemed to be a Civil Court within the meaning of Sections 480 and 482 of the Code of Criminal Procedure , 1898 (V of 1898).

Explanation.- For the purpose of enforcing the attendance of witnesses the local limits of such

officer's jurisdiction shall be limits of Madhya Pradesh* State.

1. (3) The reasonable expenses incurred by any person in attending to give evidence may be allowed by the officer holding the inquiry to such person and shall be deemed to be part of the costs.
2. (4) Costs shall be in the discretion of the State Government and the State Government shall have full power to determine by and to whom and to what extent such costs are to be paid, and to allow interest on costs at a rate not exceeding 6 per cent annum and such cost and interest shall be leviable as an arrear of land revenue.

(1) If on a complaint made to it otherwise, of State Government is satisfied, after such enquiry, if any, as it may deem necessary, that a Council has made default in performing any duty imposed on it or undertake by The Madhya Pradesh* Municipalities Act, 1961 *छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."। it by or under this Act, or by or under any enactment for the time being in force, the State Government may, by an order in writing, fix a period for the performance of that duty: Provided that no order shall be passed until reasonable opportunity has been given to the Council to furnish an explanation of showing cause against the proposed order. (2) If that duty is not performed within the period so fixed, the State Government or any officer authorized in this behalf, may appoint some person to perform it, and may direct that the expense of performing it, and with reasonable remuneration to the person appointed to perform it, shall be forthwith paid by the Council. (3) If the expense and remuneration are not so paid, the State Government or any officer authorized by the State Government in this behalf may make an order directing the Bank in which any moneys of the Council are deposited or the person in charge of the Government Treasury or of any other place of security in which the moneys of the Council are deposited to pay such expense and remuneration from such moneys as may be standing to the credit of the Council in such Bank or may be in the hands of such persons or as may, from time to time, be received from or on behalf of the Council by way of deposit by such Bank or person; and such Bank or person shall be bound to obey such order. Every payment made pursuant to such order shall be a sufficient discharge to such Bank or person from all liability to the Council in respect of any sum or sums so paid by it or him out of the moneys of the Council so deposited with such

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

it by or under this Act, or by or under any enactment for the time being in force, the State Government may, by an order in writing, fix a period for the performance of that duty: Provided that no order shall be passed until reasonable opportunity has been given to the Council to furnish an explanation of showing cause against the proposed order.

1. (2) If that duty is not performed within the period so fixed, the State Government or any officer authorized in this behalf, may appoint some person to perform it, and may direct that the expense of performing it, and with reasonable remuneration to the person appointed to perform it, shall be forthwith paid by the Council.
2. (3) If the expense and remuneration are not so paid, the State Government or any officer authorized by the State Government in this behalf may make an order directing the Bank in which any moneys of the Council are deposited or the person in charge of the Government Treasury or of any other place of security in which the moneys of the Council are deposited to pay such expense and remuneration from such moneys as may be standing to the credit of the

Bank or person shall be bound to obey such order. Every payment made pursuant to such order shall be a sufficient discharge to such Bank or person from all liability to the Council in respect of any sum or sums so paid by it or him out of the moneys of the Council so deposited with such

Power to dissolve council.--

1. (1) The State Government may, by an order stating the reasons thereof dissolve the Municipality, if :--
   • (a) at any time upon representation made or otherwise the State Government is satisfied that the Municipality is not competent to perform or persistently makes default in the performance of the duties imposed on it by or under this Act or any other law for the time being in force, or exceeds or abuses its powers, or
   • (b) the Municipality fails to effect a Vice-President within one month from the date of the publication of the election of the Councillors in the gazette by the State Election Commission after every general election of the Councillors under sub-section (1) of Section 43 or on the expiry of the term of the Vice-President within one month thereof; or
   • (c) Omitted Provided that the Municipality shall be given a reasonable opportunity of being heard before its dissolution.
2. (2) An order passed under sub-section (1) shall take effect from the date of its publication in the official gazette.
3. (3) If the Council is dissolve as provided in the preceding sub-sections, the following consequences shall ensue:--
   • (a) all the [Councillors and President] of the Council shall, as from the date of the order, vacate their offices as [Councillors and President]
   • (b) all powers and duties of the Council, the [President-in-Council] Appeal Committee, [Advisory Committees] and President under this Act , until the Council is reconstituted, be exercised and performed by such person as may be appointed as Administrator by the State Government in this behalf: Provided that ---
     • (i) in place of Administrator the State Government may appoint an Administrative Committee consisting of Chairman, Vice-President and such number of members as it

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

may deem fit, but the total number of such members including Chairman and Vice- Chairman shall not be more than five;

1. (ii) for the purpose of this Act, such Administrative Committee shall exercise and perform all the powers and duties of the Council [ President-in-Council], Appeal Committee, [Advisory Committees] and its Chairman and the Vice-Chairman shall exercise and perform such powers and duties as provided under this Act for the President and Vice-President of the Council.
2. (iii) no person shall be appointed as Chairman, Vice-Chairman or member of such Administrative Committee who is not eligible to hold such office in the Council under this Act.

1. (c) all the properties vested in the Council shall, until the Council is reconstituted, vest in the Administrator or the Administrative Committee, as the case may be, appointed under clause (b) for the purpose of this Act: Provided that the exercise of the powers of the Council or [President-in-Council] regarding the management or disposal of the property shall be subject to the Control of the Collector.
2. (d) the State Government may, at any time remove the Administrator, Chairman, Vice- Chairman or any member appointed under clause(b) and may appoint any other person eligible to be so appointed in his place.

1. (4) Any person or persons appointed by the State Government to exercise and perform the

powers and duties of a Council during the period of its dissolution may receive payment, if

the State Government so directs, for his or their services from the Municipal Fund.

Notwithstanding anything contained in this Act, it in the opinion of the State Government, any officer or servant of the Council is negligent in the discharge of his duties the Council shall, on the requirement of the State Government suspend, fine or otherwise punish him and if in the opinion of the State Government he is unfit for his employment the Council shall dismiss him from service:

Control of State Government.-The State Government may, at any time, for the purpose of satisfying itself, as to the legality or propriety of any order passed by the Chief Municipal Officer or the President in exercise of the powers conferred by this Act, or as to the regularity of the proceedings of any meeting of the Council or any of its Committees held in pursuance of the provisions of this Act call for and examine the record of any case pending before or disposed of by the Chief Municipal Officer, the President the Council or such Committee and may pass such order in reference thereto as it thinks fit:

Power of State Government of Revision.- (1) The State Government may, for the purpose of satisfying itself as to the correctness, legality or propriety of any order passed by a Divisional Commissioner, Collector, prescribed authority or any officer appointed or authorized by the State Government under this Act, call for the connected records and may in doing so direct that pending the examination of the record such order be held in abeyance.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (2) On examining the records the State Government may modify or reverse the order of a Divisional Commissioner, Collector, prescribed authority or any other officer appointed or authorized by the State Government under this Act as it deems fir:

Power of review.- (1) The State Government may, either on its own motion or on the application of any party interested, review any order passed by itself, and the Commissioner, the Collector, the prescribed authority or any other officer authorized under this Act may, similarly, review any order passed himself and pass such order in reference there to as it or he thinks fit: Provided that-

1. (i) no order shall be varied or reversed unless notice has been given to the parties interested to appear and be heard in support of such order;
2. (ii) no order from which an appeal has been made, or which is the subject of any revision proceedings, shall, so long as such appeal or proceedings are pending, be reviewed;
3. (iii) no order affecting any question of right between private persons shall be reviewed except on the application of a party to the proceedings and no application for the review of such order shall be entertained unless it is made within ninety days from the passing of the order.

1. (2) An order which has been dealt with by the State Government in appeal, revision or review shall not be reviewed by the Commissioner or the Collector or the prescribed authority or the officer authorized under this Act and an order which has been dealt with in appeal or revision shall not be reviewed by any of such authorities.

In all matters connected with this Act, if a Council makes default in carrying out any order made by the State Government or by any authority order than the

Dispute between Council and other local body-(1) In the event of any dispute arising between an Council and any other local authority established under any State Act on any matter in which they are jointly interested such dispute shall be referred to the State Government, whose decision shall be final.

1. (2) The State Government may, by rules made under this Act, regulate the relations between

Deputation of Government servants.-- Subject to the provisions of Section 89 where any Government servant is deputed to the service of the Council, the terms and conditions of deputation of such servant shall be determined by the

Powers of Chief Municipal Officer to be exercised by President in certain cases- The State Government may, by notification, direct that all or any of the powers conferred on the Chief Municipal Officer by or under this Act shall, in respect of such Municipalities, as may be

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

specified therein, be exercised by the President thereof and such powers shall thereupon be exercised by the President to the exclusion of the Chief Municipal Officer. 337. & 337-A.

Agency for execution of Public Works.- (1) Such public works as in the opinion of the State Government require a degree of professional skill which may not be at the disposal of the Council shall be carried out by the State Government or by such agency as the State Government may direct.

1. (2) All other works of the Council shall be executed by such agency and subject to such supervision as the Council thinks fit, subject to then rules prescribed in this behalf.
2. (3) When any work is executed for a Council by the State Government or by any other agency under the orders of the State Government, the expenses incurred on the work together with the charges for supervision and for tools and plant at such rates as may be fixed by the State Government from time to time, unless waived by the State Government, be payable to the State Government.
3. (4) If the amount due to the State Government under sub-section (3) is not paid within a reasonable time, the State Government may make an order directing the person having the custody of the Municipal fund to pay it in priority to any other charge against such fund, and such person shall, so far as the funds to the credit of the Council admit, be bound to comply with such order.

On occurrence of war, floods or any similar emergency, the Council shall immediately comply with any requisition made by the State Government for the services of any of the Municipal employees and shall meet such proportion of the expenses with respect to traveling and daily allowances as the State Government may determine.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।