Chapter XI CONTROL

Power of State Government to give directions and instructions and to suspend resolutions and orders. (1) The State Government may from time to time issue such directions or instructions as it may think fit in regard to finances and conduct of business and affairs of the Authority

Power of State Government to order inquiries. (1) The State Government may, with a view to satisfying itself that the powers and duties of the Authority or any of its Boards are being exercised and performed properly, at any time, appoint any person or persons to make inquires into all or any of the activities of the Authority or the Boards, as the case may be, and to report to the State Government the result of such inquiries. (2) The Authority or the Board shall give to the person or persons so appointed all facilities for the proper conduct of the inquiries and shall produce before such person or persons any document, account or information in the possession of the Authority or the Board, which such person or persons demand for the purposes of the inquiries.

(1) Notwithstanding anything contained in this Act, the State Government, if it is of opinion that it is expedient for any reason to reconstitute the Authority or any Board which is duly constituted under this Act, then it may, by notification in the Official Gazette, direct that the Authority or Board specified in the notification and functioning immediately before the date of such notification shall cease to function, and reconstitute such Authority or Board as provided in section 6, or as the case may be, section 18 of this Act. (2) The opinion formed by the State Government under this section to reconstitute the Authority or any Board shall be final and conclusive and shall not be called in question in any court.

(1) If the State Government is satisfied that the Authority or any Board has made default in performing any duty imposed on it by or under this Act it may fix a period for the performance of that duty. (2) If in the opinion of the State Government, the Authority or the Board fails or neglects to perform such duty within the period so fixed for its performance, it shall be lawful for the State Government, notwithstanding anything contained in section 6 or 18, to supersede and reconstitute the Authority, or as the case may be, the Board in the prescribed manner. (3) After the supersession of the Authority or the Board and until it is reconstituted, the powers, duties and functions of the Authority or Board under this Act, shall be exercised and performed by the State Government or by such office or officers as the State Government may appoint for this purpose. (4) Notwithstanding anything contained in this section, if the Authority is satisfied that any Board is not performing any duty imposed on it by or under this Act to secure efficient implementation thereof, the Authority may recommend to the State Government that the Board may be dissolved. On receipt of such recommendation, the State Government may dissolve the Board and either appoint an Administrative Officer to exercise all the powers and perform all the duties of the Board or appoint another Board to exercise such powers and perform such duties.

Power to appoint Administrator. (1) If it appear to the State Government that the Authority is unable to exercise the powers or perform or discharge the duties or functions conferred or imposed upon it by or under this Act, or that majority of the members has resigned or the term of office of the members has expired and the State Government does not consider it expedient to reconstitute the Authority or fill the vacancies, the State Government may, notwithstanding anything contained in section 6 or any other provision of this Act, by notification in the Official Gazette, in place of the Authority constituted under section 6, appoint an Administrator for such period or periods, as may be determined by the State Government. After the expiry of his term of office the Administrator shall continue in office until the day immediately preceding the date of the first meeting of the Authority duly reconstituted in accordance with provisions of section 6. (2) The Administrator so appointed shall be deemed to constitute the Authority for the time being, and shall exercise all the powers and perform and discharge all the duties and functions conferred and imposed upon the Authority or any of its authorities, members or officer, by or under this Act, or any other law for the time being in force. (3) The Administrator shall receive such remuneration from the fund of the Authority, and the other conditions of service shall be such, as the State Government may determine. (4) The Administrator may, subject to the general or special order of the State Government, delegate any of the powers, duties and functions exercisable or to be performed by him, to any officer or officers of the Authority specified in the order : Provided that, nothing in this section shall affect the powers, duties or functions entrusted to any Board under this Act.

Dissolution of Authority. (1) The State Government may, by notification in the Official Gazette, declare that, with effect from such date as may be specified in the notification, the Authority shall stand dissolved : Provided that, no such declaration shall be made by the State Government unless a resolution to that effect has been moved in, and passed by, the Maharashtra Legislative Assembly. (2) With effect from the date specified in the notification under sub-section (1)— (a) all the members shall vacate their office ; (b) all properties, funds and dues which are vested in or realisable by the Authority shall vest in, and be realisable, by the State Government ; (c) all liabilities enforceable against the Authority shall be enforceable against the State Government to the extent of the properties, funds and dues vested in, or realised by the State Government. (3) Nothing in this section shall affect the liability of the State Government in respect of loans or debentures guaranteed under sub-section (5) of section 36.