Chapter IX POWER OF GOVERNMENT

(1) The Government may at any time require the corporation or the Commissioner,-

1. (a) to produce any record, proceedings, correspondence, plan, or other document;
2. (b) to furnish any return, plan, estimate, statement, account or statistics relating to the proceedings, duties or works of the corporation or any of the municipal authorities;
3. (c) to furnish or obtain and furnish, any report. 1[(2) Any officer of the Government authorised by the Government in this behalf by a general or a special order shall have power,
4. (a) to enter on, and inspect, or cause to be entered on and inspect any immovable property occupied by any corporation or any institution under its control or management or any work in progress under it or in its direction;
5. (b) to call for any extract from a proceeding of any Corporation or of any committee or from any book or document in the possession of, or under the control of corporation;
6. (c) to require a corporation to take into 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 such corporation or any information which he is able to furnish and which appears to him to necessitate the doing of a certain thing by Corporation and to make a written reply to him within a reasonable time stating its reasons for not desisting from doing or not doing such thing.

1. (3) The Corporation and every municipal authority and all corporation officers and other corporation employees shall be bound to afford the officer authorised under sub-section (2) access at all reasonable time to the premises and properties of the corporation and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties”.
2. (4) The officer authorised under sub-section (2) may, after such inspection, make a report to the Government.] 20.8.2003.

¹ For Sub-section (2) sub-section (2) to (4) substituted by Act 32 of 2003 w.e.f.

pending undisposed of before the corporation.- (1) The Government may at any time call for from the Commissioner the records relating to the business pending before the corporation and on receipt of such records, it may examine the same.

1. (2) If on such examination and after such enquiry as it thinks necessary, it is found that in respect of any matter which is pending before the corporation for more than three months from the date on which any such matter was brought before the corporation or is pending before a standing committee for more than sixty days after it was placed before it, urgent decision is necessary in the interest of administration of the corporation, then the Government may, notwithstanding anything in this Act,-
   • (i) after giving the corporation notice of not less than fifteen days, pass such orders with reference to such matter as it considers necessary; or
   • (ii) direct that the matter pending before the standing committee shall be deemed to be referred to the corporation and be disposed of on that basis: Provided that no such notice shall be necessary in respect of any matter pending before the corporation which is of public importance and the

decision of the Government whether the matter is of public importance or not, shall be final.

1. (3) Every order passed by Government under this section shall be communicated to the Commissioner who shall give effect to such order expeditiously as if such order is a resolution of the corporation.

If, on receipt of any information or report obtained under sections 94 and 95 or otherwise Government is of opinion,- (a) that any duty imposed on any corporation 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 such duty,Government may, after giving notice of not less than fifteen days, by order, direct the corporation or the Commissioner within a period to be specified in the order, to make arrangements to their satisfaction for the proper performance of the duty, or to make financial provision to its satisfaction for the performance of the duty, as the case may be, and the corporation or the Commissioner shall comply with such orders: Provided that no notice shall be necessary in urgent cases.

1. (a) that any duty imposed on any corporation authority by or under this Act has not been performed or has been performed in an imperfect, inefficient or unsuitable manner; or
2. (b) that adequate financial provision has not been made for the performance of any such duty,Government may, after giving notice of not less than fifteen days, by order, direct the corporation or the Commissioner within a period to be specified in the order, to make arrangements to their satisfaction for the proper performance of the duty, or to make financial provision to its satisfaction for the performance of the duty, as the case may be, and the corporation or the Commissioner shall comply with such orders: Provided that no notice shall be necessary in urgent cases.

default, at the expense of corporation.- (1) If within the period fixed by an order issued under section 96 any action directed under that section has not been duly taken, the Government may, by order,-

1. (a) appoint an officer of the Government to take the action so directed;
2. (b) fix the remuneration to be paid to him; and
3. (c) direct that such remuneration and the cost of taking such action shall be defrayed out of the corporation fund, and if necessary, that any one or more of the taxes authorised by Chapter X of this Act shall be levied or increased but not so as to exceed any maximum laid down in this Act.

1. (2) For the purpose of taking action directed as aforesaid, the officer appointed under sub-section (1) shall have power to make such contracts as are necessary and may exercise any of the powers conferred on any municipal authority by or under this Act and specified in this behalf in the order issued under sub-section (1), and shall be entitled to protection under this Act as if he were a municipal authority.
2. (3) Government may, in addition to or instead of directing the levy or increase of any of the said taxes, direct by notification that any sum or money which may in their opinion be required for giving effect to their orders be borrowed by debenture and on the security of all or any of the said taxes at such rate of interest and upon such terms as to the time of re-payment and otherwise as may be specified in the notification.
3. (4) The provisions of sections 154 to 165 shall, as far as may be, apply to any loan raised in pursuance of this section.

Government's power to cancel resolution and orders.- (1) The Commissioner shall submit to the Government copies of all resolutions of the corporation.

1. (2) If the Government is of opinion that the execution of any resolution or order of the corporation or of 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 corporation is in contravention of or in excess of the powers conferred by this Act or of any other law for the time being in force or is likely to lead to a breach of the peace or to cause injury or annoyance to the public or to any class or body of persons or is prejudicial to the interest of the corporation it may by order in writing, suspend the execution of such resolution or order, or prohibit the doing of any such act after issuing a notice to the

corporation to show cause within a date to be specified which shall not to be less than fifteen days why,-

1. (a) the resolution or order may not be cancelled in whole or in part, or
2. (b) any bye-law or regulation concerned may not be repealed in whole or in part.

1. (3) Upon consideration of the reply, if any, received from the corporation and after such enquiry as it thinks fit, Government may pass orders cancelling the resolution or order or repealing the bye-law or regulation and communicate the same to the corporation.
2. (4) Government may at any time, on further representation by the corporation or otherwise, revise, modify or revoke an order passed under sub- section (3).

1[dissolve] corporation.- (1) If in the opinion of Government the corporation is not competent to perform or makes default in the performance of any of the duties imposed on it or undertaken by it, by or under this Act or any other law for the time being in force or exceeds or abuses its powers or fails to carry out the directions or orders given by Government to it under this Act or any other law or is acting in a manner prejudicial to the interests of the corporation, the Government may, by an order published, together with a statement of the reasons therefor, in the official Gazette, declare the corporation to be incompetent or in default or to have exceeded or abused its powers, or to have failed to carry out the directions given to it, or to have acted in a manner prejudicial to the interests of the corporation, as the case may be, and may

1[dissolve it:] Provided that before making an order of

¹ Substituted by Act 35 of 1994 w.e.f. 1.6.1994.

1[dissolution] as aforesaid reasonable opportunity shall be given to the corporation to show cause why such order should not be made.

1. (2) When the corporation is 1[dissolved] by an order under sub-section (1), the following consequences shall ensue,-
   • (a) all the councillors of the corporation shall, on such date as may be specified in the order, cease to hold office as such councillors without prejudice to their eligibility for election under sub-section (8);
   • (b) during the period of 1[dissolution] of the corporation, all powers and duties conferred and imposed upon the corporation and the standing committees of the corporation by or under this Act or any other law shall be exercised and performed by an Administrator appointed by Government in that behalf;
   • (c) all property vested in the corporation shall, until it is reconstituted, vest in Government.
2. (3) Government may direct that the Administrator shall be a whole-time officer and when such a direction is issued, he shall be paid out of the corporation funds such monthly salary and allowances as Government may from time to time, by order, determine and the corporation shall make such contribution towards the leave allowances, pension and provident fund of the officer as may be required by the conditions of service under the Government, to be paid by him or for him, as the case may be.
3. (4) During the period of 1[dissolution] of the corporation, references in any enactment or law for the time being in force to the Mayor of the corporation shall be construed as references to the Administrator appointed under clause (b) of sub-section (2).
4. (5) During the period of 1[dissolution] of the corporation, the Administrator shall in the discharge of his functions be guided by such directions in matters of policy involving public interest as the Government may by order specify; and if any question arises whether a direction relates to a

¹ Substituted by Act 35 of 1994 w.e.f. 1.6.1994.

¹ Substituted by Act 35 of 1994 w.e.f. 1.6.1994.

matter of policy involving public interest the decision of the Government shall

¹ Substituted by Act 35 of 1994 w.e.f. 1.6.1994.

be final.

1. (6) Government may, by notification, appoint an advisory committee consisting of not less than fifteen and not more then twenty-five persons who shall be qualified to become councillors under this Act to assist the Administrator. 1[(7) x x x] 1[(8) When a Corporation is dissolved it shall be reconstituted in the manner provided under this Act before the end of six months from the date of such dissolution: Provided that where the remainder of the period for which the dissolved Corporation would have continued is less than six months it shall not be necessary to hold an election under this section for constituting a Corporation for such period.
2. (9) A corporation constituted upon the dissolution before the expiration of its duration shall continue only for the remainder of the period for which the dissolved corporation would have continued had it not been so dissolved.]
3. (10) An order of 1[dissolution] of the corporation under sub-section (1) 2[x x x] together with a statement of the reasons therefor shall be laid before both Houses of the State Legislature as soon as may be after it is made.

¹ Omitted by Act 35 of 1994 w.e.f. 1.6.1994.

¹ Substituted by Act 35 of 1994 w.e.f. 1.6.1994.

¹ Substituted by Act 35 of 1994 w.e.f. 1.6.1994.

² Omitted by Act 35 of 1994 w.e.f. 1.6.1994.

Whenever,-

1. (a) the ordinary elections to the corporation under this Act or any proceedings consequent thereon have bee stayed by an order of a competent court or authority;
2. (b) the election of all the coucillors or more than two-thirds of the councillors has been declared by a competent court or authority to be void; 1[(c) x x x]
3. (d) all the councillors or more than two-thirds of the councillors have resigned,
   • • Government shall, by notification, appoint an Administrator, for such period as may be specified in the notification and may, by like notification, curtail 1[or extend, either prospectively or retrospectively] the period of such appointment 2[so however, the total period of such appointments shall not exceed six months] .

¹ Omitted by Act 35 of 1994 w.e.f. 1.6.1994.

¹ Substituted by Act 40 of 1981 w.e.f. 1.6.1977.

² Inserted by Act 35 of 1994 w.e.f. 1.6.1994.

1. (2) Notwithstanding anything contained in this Act, on the appointment of an Administrator under this section, during the period of such appointment, the corporation, the standing committees of the corporation and the Mayor, the Deputy Mayor and other authorities other than the Commissioner, charged with carrying out the provisions of this Act or any other law, shall cease to exercise any powers and perform and discharge any duties or functions conferred or imposed on them by or under this Act or any other law, and all such powers shall be exercised and all such duties and functions shall be performed and discharged by the Administrator.
2. (3) The provisions of sub-sections (3), (4) and (5) of section 99 shall mutatis mutandis be applicable in respect of the Administrator appointed under sub-section (1). 1[101. x x x]

¹ Omitted by Act 35 of 1994 w.e.f. 1.6.1994.

Government may call for the records of any proceeding of a corporation, a standing committee, the Commissioner or any officer subordinate to the corporation for the purpose of satisfying itself as to the correctness, legality or propriety of any order or proceeding and may, after giving a reasonable opportunity of being heard, pass such order with respect thereto as it thinks fit, which shall be complied with.