Powers of prescribed authority to suspended action under The Act

§228

Summary

228. (1) The prescribed authority may, within the limits of its jurisdiction by order in writing, prohibit the execution or further execution of are solution or order passed or made under this or any other enactment by a 1[Zila Panchayat], or committee of a 1[Zila Panchayat], or a joint committee, or servant of a 1[Zila Panchayat] or a committee, if in its opinion such resolution or order is patently illegal or ultra vires or inconsistent with any order or direction given by the State Government under this Act or is of a nature to cause or tend to cause obstruction, annoyance or injury to the public or to any class or body or persons lawfully employed, or danger to human life, health or safety, or a riot or affray and may prohibit the doing or continuance by any person of any act in pursuance of or under cover of such resolution or order. (2) Where an order is made under sub-section (1) a copy thereof, with a statement of the reasons for making it, shall forthwith be forwarded by the prescribed authority to the State Government which may, after calling for an explanation from the 1[Zila Panchayat] and considering the explanation, if any, made by it, rescind, modify or confirm the order. (3) Where the execution or further execution of a resolution or order is prohibited by an order made under sub-section (1) and continuing in force, it shall be the duty of the 1[Zila Panchayat] or the committee of the 1[Zila Panchayat] or the joint committee or any officer or servant of the 1[Zila Panchayat] or of the committee of the 1[Zila Panchayat] or of the joint Committee, if so required by the authority making the order under the said sub-section, to take any action which it would have been entitled to take, if the resolution or order had never been made or passed, and which is necessary for preventing any person from doing or continuing to do anything under cover of the resolution or order of which the further execution is prohibited.

228. (1) The prescribed authority may, within the limits of its jurisdiction by order in writing, prohibit the execution or further execution of are solution or order passed or made under this or any other enactment by a 1[Zila Panchayat], or committee of a 1[Zila Panchayat], or a joint committee, or servant of a 1[Zila Panchayat] or a committee, if in its opinion such resolution or order is patently illegal or ultra vires or inconsistent with any order or direction given by the State Government under this Act or is of a nature to cause or tend to cause obstruction, annoyance or injury to the public or to any class or body or persons lawfully employed, or danger to human life, health or safety, or a riot or affray and may prohibit the doing or continuance by any person of any act in pursuance of or under cover of such resolution or order. (2) Where an order is made under sub-section (1) a copy thereof, with a statement of the reasons for making it, shall forthwith be forwarded by the prescribed authority to the State Government which may, after calling for an explanation from the 1[Zila Panchayat] and considering the explanation, if any, made by it, rescind, modify or confirm the order. (3) Where the execution or further execution of a resolution or order is prohibited by an order made under sub-section (1) and continuing in force, it shall be the duty of the 1[Zila Panchayat] or the committee of the 1[Zila Panchayat] or the joint committee or any officer or servant of the 1[Zila Panchayat] or of the committee of the 1[Zila Panchayat] or of the joint Committee, if so required by the authority making the order under the said sub-section, to take any action which it would have been entitled to take, if the resolution or order had never been made or passed, and which is necessary for preventing any person from doing or continuing to do anything under cover of the resolution or order of which the further execution is prohibited.

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