Chapter XXII Chapter XXII

The Director, the Collector, or any officer of the Government authorised by the Government, the Director or the Collector, shall severally have power— (a) to enter on and inspect, or cause to be entered on and inspected any immovable property occupied by or movable property belonging to any Council or any institution under its control or management or any work in progress under it or under its direction; (b) to call or inspect any extract from any Council’s or its committee’s proceedings and any book or document in the possession of or under the control of the Council or any of its Committees.

The Director shall have power— (a) to call for any return, statement, account or report which he may think fit to require any Council to furnish; (b) to require the Council to take into its consideration any objection which appears to him to exist to the doing of anything which is about to be done or is being done by or on behalf of such Council or any information which he is able to furnish and which appears to him to necessitate the doing of a certain thing by the Council, and to make a written reply to him within a reasonable time stating its reasons for not desisting from doing, or for not doing, such thing.

(1) If on the receipt of an application of any person or on his own motion, the Director is of opinion that, the execution of any order or resolution of a Council, or the doing of anything which is about to be done or is being done by or on behalf of a Council, is causing or is likely to cause injury or annoyance to the public or is against public interest or to lead to a breach of the peace or is unlawful, he may by order in writing under his signature suspend the execution or prohibit the doing thereof. (2) Any person aggrieved by the above said order of the Director, may within a period of fifteen days from the date of receipt of the order of the Director by him, appeal to the Administrative Tribunal and the order passed by the Administrative Tribunal shall be final: Provided that no order shall be passed under sub-section (1) by the Director or under sub-section (2) by Administrative Tribunal in appeal against any person without giving him a reasonable opportunity of being heard.

(1) In case of emergency, the Collector may provide for the execution of any work, or the doing of any act, which may be executed or done by or on behalf of a Council and the immediate execution or doing of which is, in his opinion, necessary for the health or safety of the public; and may direct that the reasonable expense of executing the work or doing the act, with a reasonable remuneration to the person appointed to execute or to do it, shall forthwith be paid by the Council. (2) If the expense and remuneration are not so paid, the Collector may make an order directing any person, who for the time being has custody of any moneys on behalf of the Council as its officer, treasurer, banker or otherwise, to pay such expense and remuneration from 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. Every payment made pursuant to such order shall be a sufficient discharge to such person from all liability to the Council in respect of any sum or sums so paid by him out of the moneys of the Council held or received by him. (3) The provisions of sub-sections (2), (3) and (4) of the last preceding section shall apply so far as may be to any order made under this section.

If in the opinion of the Director the number of persons who are employed by a Council as officers or servants, or whom a Council proposes to employ or the remuneration assigned by the Council to those persons or to any particular person is

(1) The Government may order an inquiry to be held by any officer appointed by it in this behalf into any matters concerning the municipal administration of any Council or any matters with respect to which sanction, approval or consent of the Government is required under this Act. (2) The officer holding such inquiry shall for the purpose thereof have the powers which are vested in a Court under Code of Civil Procedure, 1908, in respect of the following matters:— (a) discovery and inspection, (b) enforcing the attendance of witnesses, and requiring the deposits of their expenses, (c) compelling the production of documents, (d) examination of witnesses on oath, (e) granting adjournments, (f) reception of evidence on affidavit, and (g) issuing commissions for the examination of witnesses, and may summon and examine suo 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. Explanation:— For the purpose of enforcing the attendance of witnesses the local limit of such officer’s jurisdiction shall be the limits of the State of Goa. (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. (4) Costs shall be in the discretion of the Government and the Government shall have full power to determine by and to whom and to what extent such costs are to be paid and such costs shall be recoverable as an arrear of land revenue.

(1) When the Director is informed, on a complaint made or otherwise, that default has been made in the performance of any duty imposed on a Council by or under this Act or by or under any enactment for the time being in force, the Director, if satisfied after due inquiry that the alleged default has been made, may by order fix a period for the performance of that duty and communicate such order to the Council. (2) If the duty is not performed within the period so fixed the Director may appoint some person to perform it, and may direct that the expense of performing it, with a 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 Director may make an order directing the bank in which any moneys of the Council are deposited or the person in charge of the local 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 bank or person.

(1) If, in the opinion of the Government,— (a) a Council is not competent to perform duties imposed upon it by or under this Act or any other law for the time being in force, or (b) persistently makes default in the performance of such duties, or in complying with the lawful directions and orders issued by the Collector, the Director, the Government or any other authority empowered under any law for the time being in force to issue such direction or orders to a Council, or (c) exceeds or abuses its powers, or (d) a situation has arisen in which the administration of the Council cannot be carried out in accordance with the provisions of this Act, or (e) the financial position and the credit of the Council is seriously threatened, the Government may, by an order published in the Official Gazette, appoint a Government officer as the Municipal Administrator of the Council for a period not exceeding three years. The order shall state the reasons for making the order. (2) If the term of office of a Municipal Administrator so appointed is less than three years, the Government may extend it from time to time, subject to the limitation of the total period of three years.

(1) When a Municipal Administrator is so appointed under the last preceding section, during his term of office, all the powers and functions vesting in or exercisable by the Council, the Chairperson, the Vice-Chairperson, the various committees, the Councillors and the Chief Officer under this Act or any other law for the time being in force, shall vest in and be exercisable by the Municipal Administrator, to the exclusion of their exercise and performance by the Council, the Chairperson, the Vice-Chairperson, the various committees, the Councillors and the Chief Officer. (2) During the term of office of the Municipal Administrator, the Chairperson shall not be entitled to any honorarium or sumptuary allowance and the Councillors to any meeting allowance. (3) The Chief Officer shall be subordinate to the Municipal Administrator and the Municipal Administrator shall determine which powers and duties of a Chief Officer may be exercised and performed by the Chief Officer of such Council.

(1) Every Municipal Administrator appointed under section 298 shall submit to the Director for each quarter a report about his administration in such form and by such date as the Director may prescribe. (2) In cases where a Municipal Administrator has been appointed for reasons set forth in clause (d) or (e) of sub-section (1) of section 298, the Government, on the report of the Director, shall review the position at the end of every six months or earlier, if deemed necessary, and determine whether the reasons leading to the appointment of the Municipal Administrator have since ceased to exist and pass suitable orders. If the Government comes to the conclusion that it is in the interest of municipal administration to extend the term of office of the Municipal Administrator, the Government may do so from time to time, provided that in no case shall the term be so extended as to exceed three years. (3) If, in the opinion of the Government, even after the period of three years of administration by the Municipal Administrator the grounds on which the Municipal Administrator was appointed still exist, the Government may by an order published in the Official Gazette dissolve the Council. Provided that the Council shall be given a reasonable opportunity of being heard before its dissolution. (4) In cases where the Municipal Administrator was appointed for reasons set forth in clause (a), (b) or (c) of sub-section (1) of section 298 and if his term or extended term of office is to expire after the term of the existing Council is due to expire or expires, the Government shall curtail the term the Municipal Administrator in such manner as to, make his term coterminous with the existing Council. In other cases, the Municipal Administrator shall hand over the administration to the existing Council for the unexpired portion of its term after his term expires. (5) Whenever an existing Council takes over administration from a Municipal Administrator in accordance with sub-section (4), the procedure for the election of the Chairperson, Vice-Chairperson and committees shall be followed as if it were a newly constituted Council after a general election.

When the Council is dissolved under sub-section (3) of the last preceding section, the following consequences shall ensue:— (a) all Councillors of the Council shall, as from the date specified in the order of dissolution, vacate their offices as such Councillors; (b) all powers and duties of the Council shall, during the period of dissolution, be exercised and performed by such person or persons as the Government from time to time appoints in this behalf; (c) all property vested in the Council shall, during the period of dissolution, vest in the Government.

On the issue of an order of dissolution under sub-section, (3) of section 300, general election shall be held and the Council shall be re-established within six months of its dissolution on such date as the Government may specify in the order of dissolution. Provided that where the remainder of the period for which the dissolved Council would have continued is less than six months, it shall not be necessary to hold any election under this section for constituting the Council for such period.

A Council constituted upon the dissolution of a Council before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Council would have continued during its full term of five years.

The Government may, at any time, for the purpose of satisfying itself as to the legality or propriety of any order passed by, or as to the regularity of the proceedings of, any Council or any officer subordinate to such Council or the Government, acting in exercise of any power conferred on it or him by or under this Act, call for and examine the record of any case pending before or disposed of by such Council or officer and may pass such order in reference thereto as it thinks fit: Provided that no order shall be varied or reversed unless notice has been given to the parties interested to appear and be heard: Provided further that no such order shall be passed in any case in which an appeal is provided and has been preferred or has been decided: Provided also that no such record shall be called by the Government after one year from the date of the passing of the order by the Council or the officer concerned.

In all matters connected with this Act, if a Council makes default in carrying out any order made by the Government or by any authority other than the Council in exercise of any of the powers conferred on it by this Act or any rule or bye-law made thereunder, the Government shall have all the powers necessary for the enforcement of such order at the cost of the Council.

The Government may, either on its own motion or on the application of any party interested, review any order passed by itself or any sanction or approval given under this Act, and the Director or the Collector may, similarly, review an order passed by himself or any sanction or approval given by him under this Act, and pass such order in reference thereto as it or he thinks fit: Provided that — (i) no order shall be varied or reversed or no sanction or approval reviewed unless notice has been given to the parties interested to appear and be heard; (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; (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.