Chapter VIII CONTROL

Control by Commissioner, etc-The Commissioner of Division, the Deputy Commissioner, the Sub-divisional Officer or any other officer specially appointed by the State Government by general or special order, mat at all time-

1. (i) enter into and inspect, or cause any other person to enter into and inspect-

1. (a) any municipal office and affairs or, or
2. (b) any immovable property in the occupation of, or
3. (c) any work in progress under, or
4. (d) any institution under the control and administration of the Board, and
   • (ii) call for and inspect any book or document which may be for the purpose of this Act, in the possession or under the control of the Board. NOTES (ASSAM AMENDMENTS) Section 291-This section was substituted by the Assam Act No. II of 1966 published in the Assam Gazette, dated 10-1-1966.

Inspection of works and registers by Commissioners-With the previous sanction of the Chairman any Commissioner of a Board may inspect any work, or institution, constructed or maintained, in whole or in part at the expense of the Board and any register, books, accounts or other documents belonging to, or in the possession of the Board.

Inspector of Municipal works-

1. (1) The State Government may appoint an officer of the Government to be Inspector of Municipal Works for one or more municipalities.
2. (2) The Inspector of Municipal Works shall perform such duties and exercise such powers as may be assigned to him by rule.
3. (3) In particular and without prejudice to the powers referred to in sub-section (2) the Inspector of Municipal Works may at all time enter upon or into and inspect, or cause any other person to enter upon or into and inspect, any immovable property in the occupation or any works in progress, under the order of the Board of any municipality within his charge, and the Board shall furnish such statements, estimates and reports as he may require.
4. (4) A report of every inspection made under this section shall be prepared, and a copy thereof shall be forwarded to the Board.
5. (5) The Board within the charge of an inspector of Municipal Works shall, in all matters of professional detail, be guided by his report.

Power to suspend action under the Act-The State Government, the Commissioner of Division, the Deputy Commissioner, the Additional Deputy Commissioner or the Sub-divisional Officer in-charge of a subdivision may, by order in writing, suspend the execution of any resolution or order of the Board or prohibit the doing of any act which is about to be done or is being done, in pursuance of, or under cover of, this act, or in pursuance of any sanction or permission granted by the Board in the exercise of their powers under this act, if in its or his opinion, the resolution, order or act militates against the fundamental rights conferred by Part III of the Constitution of India and the State Policy on the Directive principles laid down in Part IV of the Constitution of India is in excess of the powers conferred by law, or the execution of the resolution or order or the doing of the act, is likely to lead to a service breach of the peace, or to cause serious injury or annoyance to the public or to any class or body of persons. When the Commissioner of Division or the Deputy Commissioner, the Additional Deputy Commissioner or the Sub-divisional Officer in-charge of a Subdivision makes any order under this section, he shall forthwith forward a copy thereof, with a statement of his reasons for making it, to the State Government, which may thereupon rescind the order or direct that it continues in force with or without modification, permanently or for such period as it thinks fit. NOTES ASSAM (AMENDMENTS) Section 296-In this section in both the first and second paragraphs after the words “ the Commissioners of Division”, for the words, “ or the Deputy Commissioner”, the words “ the Deputy Commissioner, the Additional Deputy commissioner or the Sub-divisional Officer in-charge of a Sub-division”, were substituted vide Assam Act No. XIV of 1963, published in the Assam Gazette, dated 4-5-1963 to come into force at once. The words “militates against the ................................. Constitution of India were added by Assam Act No. II of 1966, published in the Assam Gazette, dated 10-1-1966.

A. Control over proceeding of Municipal Boards-

1. (1) The State Government, the Commissioner of Division and the Deputy Commissioner shall see that the proceedings of the Municipal Boards are in conformity with law.
2. (2) The State Government may by order in writing, annual any proceedings which it' considers not to be in conformity with the law and may do all things necessary to secure such conformity: Provided that no such order shall be made without giving the Board and opportunity of expressing its views on the matter. NOTES ASSAM (AMENDMENTS) Section 296-A.-This section was inserted by the Assam Municipal (Amendment) Act, 1962 (Assam Act XVl1 of 1962), published in the Assam Gazette, dated 10-1-1966.

Powers of State Government in case of default, and of Deputy Commissioner in case of emergency, etc.-

1. (1) If at any time, on receipt of a complaint or information, it appears to the State Government that the Board have made default in performing any duty imposed on them by or under this or any other Act, the State Government by an order in writing, call upon the Board to perform the duty within such time as may be appointed by such order.
2. (2) If such duty is not performed within such period, the State Government may, after considering any representation which the Board may submit, either revoke or modify the order or appoint some, fit and proper person to perform the duty.
3. (3) If, in any case of emergency, the Deputy Commissioner, upon, the recommendation of the concerning technical adviser immediately, available in the district within which the municipality is situated, is of opinion that the immediate execution of any work or the immediate doing on any act which the Board, whether at a meeting or otherwise, are empowered to execute or do is necessary for the health or safety of the public, he may call upon the Board to execute the work within such time as he may appoint. If such work is not executed within such period he may appoint some fit and proper person to execute the work or do the act immediately. The Deputy Commissioner shall forthwith report to the Commissioner of Division every case in which he uses the powers conferred on him by this sub-section whereupon the Commissioner of Division may pass such orders as he thinks fit.
4. (4) Where any person is appointed under sub-section (2) or sub-section (3), the State Government, or, subject to any order which may be passed by the Commissioner of Division under sub-section (3), the Deputy Commissioner with the prior approval with the Commissioner of Division may direct that the expense of performing the duty, executing the work or doing the act, together of reasonable remuneration, if any to the person so appointed, shall forthwith be paid by the Board.
5. (5) Where such expense and remuneration are not so paid, the Deputy Commissioner may make an order directing the person having the custody of the balance of the municipal fund to pay the expense and remuneration or so much thereof as is possible from the balance, in priority to any or all other charges, and such person shall make payment accordingly: Provided that the board may prefer an appeal to the State Government against the decision of the Commissioner of Division as regards assessment of expenses and remuneration as made under sub-section (4).

Power to supersede or dissolve Board in case of incompetence default or abuse of powers–If, in the opinion of the State Government any Board is not competent to perform, or persistently makes default in the performance of the duties imposed on the Board by or under this Act or other wise bylaw, or exceeds or abuses its powers, or in the event of failure on the part of the Board to provide such services as the State Government may by notification in the official Gazette, declare to be essential services, the State Government after giving the Municipal Board an opportunity for submitting an explanation in regard to the matter may by notification, stating the reason for so doing, declare such Board to be the incompetent, or in default or to have exceeded or abused its powers as the case may be, and supersede the Board for a period not exceeding one year at a time or dissolve the Board and order a fresh election as soon as possible:

Consequence of supercession

1. (1) When an order of supercession or dissolution has been passed under the preceding section, the following consequences shall ensue:
   • (a) all the Commissioners of the Board shall as from the date of the order, vacate their offices as such Commissioners;
   • (b) all the powers and duties which under this Act may be exercised and performed by the Board, whether at a meeting or otherwise, shall, during the period of supersession or in case of dissolution till the new Commissioners and the Chairman are elected or nominated be exercised and performed by such person or persons as the State Government may direct:
   • (c) all property vested in such Board shall during the period of supersession or dissolutions, as the case may be, vest in the State Government.
2. (2) On the expiration of the period of supersession, specified in the order, the State Government may-
   • (i) extend the period of supersession for such further term as it may consider necessary, but not exceeding a period of one year at a time, or
   • (ii) reconstitute the Municipal Board by a fresh general election and the persons who vacated their offices under clause (a) and sub-section (1) shall not be deemed disqualified for election or appointment:

Disputes

1. (1) If any dispute, for the decision of which this Act does not otherwise, provide arises between the Boards of two or more municipalities constituted under this Act, or between the Board of two or more municipalities constituted under this Act, or between the Board of any such municipality and a cantonment authority, or any other local authority, the matter shall be referred-
   • (a) to the Deputy Commissioner, if the local authorities concerned are in the same district; or
   • (b) to the Commissioner of division concerned if the local authorities are in different districts.
2. (2) Save as provided in sub-section (4) the decision of the authority to which any dispute is referred under this section shall be final.
3. (3) If, in the case mentioned in clause (a), the Deputy Commissioner is a member of one of the local authorities concerned, his functions under this section shall be discharged by the Commissioner of Division concerned.
4. (4) An appeal shall lie to the Commissioner of Division concerned against a decision of the Deputy Commissioner and to the State Government against a decision of the Commissioner of Division concerned.