Chapter 10 CONTROLLING AUTHORITIES AND THEIR POWERS

(91) "Smaller Urban Area" means a municipal area classified as a smaller urban area under section 8 of this Act; The State Government may, at any time, require any municipal authority: (1) to produce any record, correspondence, plan or other document; (2) to furnish any return, plan, estimate, statement of account or statistics; and (3) to furnish or obtain any report, and thereupon the municipal authority, shall comply and furnish the same without unreasonable delay.

(92) "State Election Commission" means the State Election Commission referred to in Article 243-K and Article 243 -ZA of the Constitution of India and under Section 17 of this Act; The State Government may, depute any officer to inspect or examine any department, office, service, work or property of the municipality and to report thereon and such officer may for the purposes of such inspection or examination exercise all the powers of the State Government under section 91.

(93) “State Government” means the Government of Jharkhand; (1) If, after considering the records required under section 91 or the reports under section 92 or any information received by the State Government and if the State Government is of opinion: (a) that any action taken by a municipal authority is unlawful or irregular or any function or duty imposed on such authority by or under this Act has not been performed or has been performed in an imperfect, inefficient or unsuitable manner; or (b) that adequate financial provision has not been made for the performance of any duty under this Act, the State Government may, by order require such municipal authority to regularize such unlawful or irregular action or perform such duty or restrain such authority from taking such unlawful or irregular action or direct such authority to make to the satisfaction of the State Government, within such period as may be specified in the order, arrangement or financial provision as the case may be for the proper performance of such function or duty: Provided that the State Government shall, unless in its opinion the immediate execution of such order is necessary, before making an order under this section give such municipal authority, in writing, an opportunity of showing cause within such period as may be specified by the State Government, why such order should not be made. (2) If no action has been taken in accordance with the order under sub-section (1) within the period specified therein or if no cause has been shown under the proviso to that section or if the cause shown is not to the satisfaction of the State Government, the State Government may make arrangement for the taking of such action and may direct that all expenses connected therewith shall be defrayed from the Municipal Fund. (3) For the purposes of sub-section (2), it shall be lawful for the State Government to appoint, for such period as the State Government may think fit, any person considered suitable by it, who shall exercise and perform, subject to such directions as the State Government may issue from time to time, all or any of the powers and functions of the municipal authorities necessary to implement the order under sub-section (1). (4) Notwithstanding anything contained in the Act, the state government may issue such direction to the municipality, as it may deem fit, for carrying out the purposes of this Act.

(94) “Street” means a public street or a private street, and includes any highway and any causeway, bridge, viaduct, arch, road, lane, foot-way, sub-way, court, alley or riding path or passage, whether a thoroughfare or not, over which the public have a right of passage or access or have passed and had access uninterruptedly for a period of twenty years; and, when there is a foot-way as well as a carriage way in any street, the said term includes both; (1) The state government may either suo motto or on a representation by any person cancel any resolution of the council or of any committee of the municipality if in the opinion of the state government such resolution is passed in excess of the powers conferred by law or is likely to cause financial loss to the municipality: Provided that the government shall before taking action under this sub-section give the council an opportunity for explanation. (2) If in the opinion of the government immediate action is necessary the resolution may be kept under suspension pending action under sub-section (1).

(95) "Street alignment" means the line dividing the lands comprised in and forming part of a street from the adjoining land; (1) If in the opinion of the State Government, the Mayor and Chairperson absents himself without sufficient cause for more than three consecutive meetings of the Council or willfully omits or refuses to perform their functions and duties under this Act, or is found to be guilty of misconduct in the discharge of their duties or becomes physically or mentally incapacitated for performing his duties or is absconder, being an accused in a criminal case for more than six months, the State Government may, after giving the Mayor and Chairperson a reasonable opportunity for explanation, by order, remove him from office. (2) The Mayor and Chairperson so removed shall not be eligible for re-election as Mayor and Chairperson during the remaining term of office.

(96) “Trade effluent” means any liquid, either with or without particles of matter in suspension therein, which is so wholly or in part produced in the course of any trade or industry carried on at trade premises and in relation to any trade premises means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises, but does not include domestic sewage; (1) If, in the opinion of the State Government, the Council has shown its incompetence, or has persistently made default, in the performance of the functions, or in the discharge of the duties, imposed on it by or under this Act or any other law for the time being in force, or has exceeded or abused its powers, or is unable to function under the provisions of this Act, the State Government may, subject to the provisions of sub-section (2), by an order published in the Official Gazette, and stating the reasons therefor, declare the Council to be incompetent or in default or to have exceeded or abused its powers, as the case may be, and dissolve it for such period, not exceeding six months, and with effect from such date, as may be specified in the order. (2) Before making any order under sub-section (1) a notice shall be given by the State Government to the Council calling upon it to submit representation, if any, against the proposed order within such period as may be specified in the notice. (3) The Mayor or Chairperson shall also be given a reasonable opportunity of being heard before making an order under sub-section (1). (4) Not withstanding anything contained in this Act or in any other law for the time being in force, with effect from the date of the order of dissolution under sub-section (1), (a) all the Councillors including the members of the Standing Committee and of any committee of the municipality constituted under this Act, and the Mayor or Chairperson and the Deputy Mayor or Vice-Chairperson shall vacate their respective offices, and (1) If, in the opinion of the State Government, the Council has shown its incompetence, or has persistently made default, in the performance of the functions, or in the discharge of the duties, imposed on it by or under this Act or any other law for the time being in force, or has exceeded or abused its powers, or is unable to function under the provisions of this Act, the State Government may, subject to the provisions of sub-section (2), by an order published in the Official Gazette, and stating the reasons therefor, declare the Council to be incompetent or in default or to have exceeded or abused its powers, as the case may be, and dissolve it for such period, not exceeding six months, and with effect from such date, as may be specified in the order. (2) Before making any order under sub-section (1) a notice shall be given by the State Government to the Council calling upon it to submit representation, if any, against the proposed order within such period as may be specified in the notice. (3) The Mayor or Chairperson shall also be given a reasonable opportunity of being heard before making an order under sub-section (1). (4) Not withstanding anything contained in this Act or in any other law for the time being in force, with effect from the date of the order of dissolution under sub-section (1), (a) all the Councillors including the members of the Standing Committee and of any committee of the municipality constituted under this Act, and the Mayor or Chairperson and the Deputy Mayor or Vice-Chairperson shall vacate their respective offices, and (b) all the powers and duties which, under the provisions of this Act or the rules or the regulations made thereunder or any other law for the time being in force, which are exercised or performed by the members of the Standing Committee or of any committee of the municipality or the Mayor or Chairperson, shall thereafter be exercised or performed, subject to such directions as the State Government may give from time to time, by such person or persons as the State Government may appoint in this behalf: Provided that when the State Government appoints more than one person to exercise any powers or perform any duties, it may, by order, and in such manner as it thinks fit, allocate such powers and duties among the persons so appointed: Provided further that the State Government shall fix the remuneration of such person or persons, and may direct that such remuneration shall, in each case, be paid out of the Municipal Fund. (5) For the avoidance of doubts, it is hereby declared that an order of dissolution under sub-section (1) of section 95 shall not affect or imply in any way the dissolution of the municipality as a body corporate.