section 264
Power, to suspend execution of orders etc
The Jammu and Kashmir Municipal Act, 2000Infrastructure2000331 sections
Statutory text
- (1) The Government or the Director or the prescribed authority may by an order in writing and for reasons to be stated therein, suspend the execution of any resolution passed, order issued, licence or permission granted or prohibit the performance of any act by the municipality if in its opinion––
- (a) such resolution, order, licence, permission or act has not been legally passed, issued, granted or authorised ;
- (b) such resolution, order, licence, permission or act is in excess of the powers conferred by this Act or is contrary to any law ; or
- (c) the execution of such resolution or order, or the continuance in force of such licence or permission or the doing of such act is likely––
- (i) to cause loss, waste or misapplication of any money or damage to any property vested in the municipality ;
- (ii) to be prejudicial to the public health, safety or convenience ;
- (iii) to cause injury or annoyance to the public or any class or body of persons ; or
- (iv) to lead to a breach of peace.
- (2) Whenever an order is made by the Director or the prescribed authority under sub-section (1), it shall forthwith and in no case later than ten days from the date of order, forward to the Government, a copy of the order with the statement of the reasons for making it, and the Government may confirm, set aside or modify such order as it may deem fit. The orders of the Government shall be forthwith communicated to the Director, the municipality and the prescribed authority.
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