The Greater Hyderabad Municipal Corporation Act, 1955
Chapter XXI CONTROL.
Chapter XXI CONTROL.
675. Government’s power to call for records
The Government may at anytime require the Corporation or Commissioner—
- (a) to produce any extract from any proceedings of the Corporation, the Standing Committee or any other Committee constituted under this Act, record, correspondence, plan or other document;
- (b) to furnish any return, plan, estimate, statement of account or statistics;
- (c) to furnish or obtain any report; and the Corporation or the Commissioner as the case may be, shall furnish the same without unreasonable delay.
Chapter XXI CONTROL.
676. Government’s power to cause inspection to be made
The Government may depute any officer to inspect or examine any Municipal Department, Office, service, work or thing and to report thereon and any officer so deputed may for the purposes of such inspection or examination exercise all the powers conferred by section 675.
Chapter XXI CONTROL.
677. Government’s power to require the performance of duties
If on receipt of any information or report obtained under section 675 or 676 or otherwise, the Government is of opinion-
- (a) that any duty imposed on any Municipal 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, the Government may by an order direct the Corporation or Commissioner within a period to be specified in the order to make arrangements for the proper performance of the duty or to make financial provision for the performance of the duty, as the case may be, to the satisfaction of Government: Provided that unless in the opinion of the Government the immediate execution of such order is necessary, the Government shall before making an order under this section give the Corporation an opportunity of showing cause why such order should not be made.
Chapter XXI CONTROL.
678. Government’s power to appoint a person to take action in default
- (1) If within the period fixed by an order issued under section 677 any action directed under that section has not been duly taken, the Government may by order—
- (a) appoint some person to take action so directed;
- (b) fix the remuneration to be paid to him; and
- (c) direct that such remuneration and the cost of taking such action shall be defrayed out of the Municipal Fund.
- (2) For the purpose of taking the action directed as aforesaid the person appointed under sub-section (1) shall have power to make such contracts as are necessary, 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.
- (3) The Government may direct by notification that any sum of money which may in its opinion be required for giving effect to the orders so issued be borrowed by debenture on the security of all or any of the said taxes at such rate of interests and upon such terms as to the time of repayment and otherwise as may be specified in the notification.
- (4) The provisions of sections 149 to 168 shall as far as may be, apply to any loan raised in pursuance of this section.
Chapter XXI CONTROL.
679. Power of revision
- (1) The Government may at any time for the purposes of satisfying itself as to the correctness, legality, propriety or regularity of any proceeding of or order passed by the Commissioner or any Officer subordinate to him call for and examine the record and pass such orders with reference thereto as it thinks fit. (2)
- (a) Where the Government is of opinion that the execution of any resolution or order passed by the Corporation 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 powers conferred by this Act or of any law for the time being in force or is likely to lead to a breach of peace it may by order in writing suspend the execution of such resolution or order or prohibit the doing of any such act: Provided that before suspending such resolution under this Clause the Government shall communicate to the Corporation the grounds on which it proposes so to do, fix a reasonable period for the Corporation to show cause against the proposal and consider its explanation and objection, if any;
- (b) A copy of such order shall forthwith be sent to the Corporation by the Government;
- (c) The Government may at any time on representation by Corporation or otherwise revise, modify or revoke any order passed under clause (a).
Chapter XXI CONTROL.
679A. Governments power to cancel or suspend resolution, etc
[679-A.
- (1) The Government may, either suo motu or on representation of any councillor, the Mayor or the Commissioner, by order, in writing-
- (i) cancel any resolution passed, order issued, or licence or permission granted; or
- (ii) prohibit the doing of any act which is about to be done or is being done, in pursuance or under colour of this Act, if in their opinion-
- (a) such resolution, order, licence, permission or act has not been passed, issued, granted or authorized in accordance with law;
- (b) such resolution, order, licence, permission or act is in excess of the powers conferred by this Act or any other enactment; or
- (c) the execution of such resolution or order, the continuance in force of such licence or permission or the doing of such act is likely to cause financial loss to the Corporation, danger to human life, health or safety or is likely to lead to a riot or breach of peace or is against public interest: Provided that the Government shall before taking action under this section on any of the grounds referred to in clauses (a) and (b), give the authority or person concerned an opportunity for explanation: Provided further that nothing in this sub-section shall enable the Government to set aside any election which has been held.
- (2) if, in the opinion of the Government, immediate action is necessary on any of the grounds referred to in clause (c) of sub-section (1), they may suspend the resolution, order, licence, permission or act, as the case may be, for such period as they think fit pending the exercise of their power under sub-section (1).
Chapter XXI CONTROL.
679B. Government’s power to remove Mayor or Deputy Mayor
- (1) The Government may, by notification in the *Telangana Gazette, remove the Mayor or the Deputy Mayor who, in their opinion wilfully omits or refuses to carry out or disobeys the provisions of this Act or any rules, bye-laws, regulations or lawful orders issued thereunder or abuses his position or the powers vested in him.
- (2) the Government shall, when they propose to remove the Mayor or the Deputy Mayor under sub-section (1), give the Mayor or the Deputy Mayor concerned an opportunity for explanation, and the notification issued under the said sub-section shall contain a statement of reasons of the Government for the action taken.
- (3) Any person removed under sub-section (1) from the office of Mayor or from the Office of Deputy Mayor shall not be eligible for election to either of the said offices until the date on which notice of the next ordinary elections to the Corporation is published in the prescribed manner. 679C. Omitted [679-C. [XXX]]
Chapter XXI CONTROL.
679D. Government’s power to suspend Mayor or Deputy Mayor or Member
- (1) If, in the opinion of the Government, the Corporation is not competent to perform or persistently makes default in performing the duties imposed on it by or under this Act or any other law for the time being in force or exceeds or abuses its position or powers or a situation exists in which the municipal administration cannot be carried on in accordance with the provisions of this Act or the financial stability or credit of the Corporation is threatened, the Government may, by notification in the *Telangana Gazette, direct that the Corporation be dissolved with effect from a specified date and reconstituted either immediately or with effect from another specified date not later than [six months] from the date of dissolution; and the notification shall be laid before the Legislative Assembly of the State. [(2) [XXX]]
- (3) For purposes of reconstitution of a dissolved Corporation under this section, the vacancies in the office of all the elected councillors shall be deemed to be [casual vacancies].
- (4) Before publishing a notification under sub-section (1), the Government shall communicate to the Corporation the grounds on which they propose to do so fix a reasonable period for the Corporation to show cause against the proposal and consider its explanation or objections, if any [and the Mayor of the Corporation shall also be given a reasonable opportunity of being heard.] [XXX]
- (5) On the date fixed for the dissolution of the Corporation under sub-section (1), all its #[members] including ex-officio #[members] as well as its Mayor, Deputy Mayor shall forthwith deemed to have vacated their offices as such.
- (6) During the interval between the dissolution and the reconstitution of the Corporation, all or any of the powers and functions of the Corporation and of its Mayor and of the Standing Committee may be exercised and performed as far as may be, and to such extent as the Government may determine, by such person as the Government may appoint in that behalf, and any person who is not a District Collector or Revenue Divisional Officer may, if the Government so direct, receive payment for his services from the municipal fund ; the Government may determine the relations of such person with the District Controlling Officers and with themselves and the Government may direct the Commissioner to exercise and perform any powers and duties under this Act in addition to his own. [(7) The Members including the ex-officio members of the reconstituted Corporation shall enter upon their office on the date fixed for its reconstitution and the term of office of the elected members shall continue only for the remainder of the period for which the dissolved Corporation would have continued had it not been dissolved.]
- (8) The Government may reconstitute the Corporation before the expiry of the period notified under sub-section (1) or sub-section (2): 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 any elections under this clause.]
- (9) When the Corporation is dissolved under this section, the Government, until the date of the reconstitution thereof, and the reconstituted Corporation thereafter, shall be entitled to all the assets and be subject to all the liabilities of the Corporation as on the date of the dissolution and on the date of the reconstitution respectively.
Chapter XXI CONTROL.
679E. Power to give directions
[679-E. The Government may from time to time give such directions not inconsistent with the provisions of the Act or the rules made thereunder to the Corporations as it may consider necessary for carrying out the purposes of this Act.].
Chapter XXI CONTROL.
679F. Power to transfer functions of the Corporation to the Telangana Industrial Infrastructure Corporation
[679-F. Notwithstanding anything contained in this Act, or in any other law for the time being in force relating to the Municipal Corporations, the Government may, in consultation with the Corporation and also the *Telangana Industrial Infrastructure Corporation, by notification in the *Telangana Gazette, and subject to such restrictions and conditions including those relating to the remittance of such percentage of the property tax to the Corporation and to such control and revision as may be specified therein direct that any power or function vested in the Corporation by or under this Act shall be transferred to and exercised and performed by the *Telangana Industrial Infrastructure Corporation.]
Chapter XXI CONTROL.
679AA. Government’s power to suspend Mayor or Deputy Mayor or Member
[679-AA.
- (1) The Government may, either suo motu or on a representation of a Mayor or Deputy Mayor or Member or Commissioner or employee of the Municipal Corporation, by notification, in the *Telangana Gazette, suspend the Mayor or the Deputy Mayor or a Member, who in their opinion wilfully misbehaved or manhandled any other Member or Officer or employee of the Corporation or destroyed the property of the Corporation or used unparliamentary language or abused his position in the course of meetings of the Corporation or during the discharge of any duty vesting upon the Mayor or Deputy Mayor or any Member or Officer or employee, so as to lead to a situation in which the Municipal Administration cannot be carried on in accordance with the provisions of this Act or the financial stability of the council is threatened.
- (2) The Government shall before taking action under sub-section (1) give the Mayor or the Deputy Mayor or the Member concerned an opportunity for explanation, and the notification issued under the said sub-section (1) shall contain a statement of the reasons for the action taken by the Government.
- (3) The Government may, suo-motu, or on an application made by the Mayor or the Deputy Mayor or the Member revoke the order of suspensation issued under sub-section (1).]
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