State Government

(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.