MMCNPIT Act 313Chapter XXIII · Control

Section 313 · [Power to dissolve a Council] [This Marginal note was substituted by Maharashtra 41 of 1994, Section 153(c).]

Text size — level 1 of 4

(1)

If, in the opinion of the State Government, -

(a)

a Council is not competent to perform duties imposed upon it by or under this Act or any other law for the time being in force, or

(b)

persistently makes default in the performance of such duties, or in complying with lawful directions and orders issued by the Collector, the Director, the State Government or any other authority empowered under law to issue such directions or orders to a Council, or
(bb)[ a Council has made a default in the performance of its duty under clause (la) of sub-section (2) of section 49, or] [Clause (bb) was inserted by Maharashtra 67 of 1981, Section 4.]

(c)

exceeds or abuses its powers, or

(d)

a situation has arisen in which the administration of the Council cannot be carried out in accordance with the provisions of this Act, or

(e)

the financial position and the credit of the Council is seriously threatened, [the State Government may, after giving the Council a reasonable opportunity of being heard by an order published in the Official Gazette, stating the reasons therefore, dissolve the Council.] [This portion was substituted for the portion beginning with the words 'the Government may' and ending with the words 'from time to time determine' by Maharashtra 41 of 1994, Section 153(a).]
[* * *] [Sub-section (2) was deleted by Maharashtra 41 of 1994, Section 153(b).]

(2)

[ If more than half the total number of seats in a Council have become vacant the State Government may, by order in the Official Gazette, dissolve such Council:Provided that, before dissolving any such Council, a reasonable opportunity of being heard shall be given to such Council.] [Sub-section (2) was added by Maharashtra 11 of 1996, Section 14.]

Your private note on this section

Only you can see this note.