Power of the State Government to intervene in case of gross neglect of serious irregularity

Power of the State Government to intervene in case of gross neglect of serious irregularity:

1. (1) If, in the opinion of the State Government, the Board of Councillors has shown gross neglect in the performance of the duties imposed upon it by or under this Act or any other law for the time being in force, or has committed serious irregularities in the performance of such duties, the State Government may by order direct the Board of Councillors to show cause within the period specified in the order why it shall not be dissolved on grounds of charges mentioned in this order.
2. (2) If the Board of Councillors fails to answer the charges within the period specified in the order or within such further time as may be allowed by the State Government, or if the answer do not convince the State Government, or where more than two-thirds of the total number of Councillors holding office at the time of such resignation have for any reason, resigned the State Government may dissolve the Board of Councillors by an order published in the Official Gazette with effect from the date of the order.
3. (3) When a order of dissolution has been passed, all the powers and functions vested upon the municipal authorities under this Act or any other law for the time being in force, shall be exercised by such person or persons to be designated as Administrator or Board of Administrators as the State Government may appoint for the purpose.
4. (4) The State Government shall hold a general election to the Municipality within six months of its dissolution and shall take steps for the constitution of a new Board of Councillors immediately thereafter: Provided that the new Board of Councillors shall continue only for the remainder of the period for which the dissolved Municipality would have continued had it not been so dissolved: Provided further that when the period for which the Board of Councillors would have continued is less than six months, it shall not be necessary to hold any elections for constituting a new Board of Councillors for such period.
5. (5) If any question arises as to what constitutes a gross neglect or a serious irregularity under this section, the opinion of the State Government as recorded in writing in the order, under this section shall be final and conclusive and the same shall not be questioned in any court of law.