section 40
Government's power to take action in default of a Samiti or its Chairman
The Orissa Panchayat Samiti Act, 1959Infrastructure195986 sections1 chapters
Statutory text
- (1) If at any time it appears to the Government that a Samiti or its Chairman has made default in performing any duty imposed by or under this Act or any other law for the time being in force they may, by order in writing, fix a period for the performance of such duty.
- (2) If such duty is not performed within the period so fixed, the Government may appoint some person to perform it, and may direct that the expense of performing it shall be paid from the fund within such time as they may fix, to such person by the Samiti.
- (3) If expenses which the Government have directed under sub-section (2), to be paid from the Fund are not so paid the Collector of the district with the previous sanction of the Government, may make an order directing the person having the custody of the Fund to pay it in priority to any other charge against such Fund.
- (4) Such person shall so far as the Fund to the credit of the Samiti admit, be bound to comply with such order.
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