CONSTITUTION AND GOVERNMENT OF MUNICIPALITIES

Powers of the State Government or the Prescribed Authority or District Magistrate to prohibit execution or further execution of resolution or order of Municipality

§34

Summary

34. (1) 1[The Prescribed Authority may] by order in writing prohibit the execution or further execution of a resolution or order passed or made under this or any other enactment by a Municipality or a committee of a Municipality or a joint committee or any officer or servant of a Municipality or a joint committee 2[if in its opinion] such resolution or order is of a nature to cause or tend to cause obstruct, on, annoyance or injury to the public or to any class or body of persons lawfully employed, 3[ * * * * ] and may prohibit the doing or continuance by any person of any act, in pursuance of or under cover of such resolution or order. 4[(1-a) The District Magistrate may, within the limits of his district, by order in writing, prohibit the execution or further execution of a resolution or order passed or made under this or any other enactment by a Municipality or a committee of a Municipality or a joint committee or any officer or servant of a Municipality or of a joint committee if in his opinion such 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. ] (1-b) The 5[State Government] may, of its own motion or on report or complaint received, by order prohibit the execution or further execution of a resolution or order passed or made under this or any other enactment by a Municipality or a committee of a Municipality or a joint committee or any officer or servant of a Municipality or of a joint committee, if in its opinion such resolution or order is prejudicial to the public interest 6[or has been passed or made in abuse of powers of in flagrant breach of any law for the time being in force], and may prohibit the doing or continuance by any person of any act in pursuance of or under cover of such resolution or order. ] 7[(2) When an order is made under sub-section (1) or (1-a) 8[ * * * * ] a copy thereof, with a statement of the reasons for making it, shall forthwith be forwarded by the Prescribed Authority or the District Magistrate through the Prescribed Authority, as the case may be, to the 5[State Government] which may thereupon, if it thinks fit, rescind or modify the order. ] (3) 9[ * * * * ] (4) Where the execution or further execution of a resolution or order is prohibited by an order made under sub-sections, (1), (1-A) or 10(1-B) and continuing in force, it shall be the duty of the Municipality, if so required by the authority making the order under the said subsection, 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.

34. (1) 1[The Prescribed Authority may] by order in writing prohibit the execution or further execution of a resolution or order passed or made under this or any other enactment by a Municipality or a committee of a Municipality or a joint committee or any officer or servant of a Municipality or a joint committee 2[if in its opinion] such resolution or order is of a nature to cause or tend to cause obstruct, on, annoyance or injury to the public or to any class or body of persons lawfully employed, 3[ * * * * ] and may prohibit the doing or continuance by any person of any act, in pursuance of or under cover of such resolution or order. 4[(1-a) The District Magistrate may, within the limits of his district, by order in writing, prohibit the execution or further execution of a resolution or order passed or made under this or any other enactment by a Municipality or a committee of a Municipality or a joint committee or any officer or servant of a Municipality or of a joint committee if in his opinion such 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. ] (1-b) The 5[State Government] may, of its own motion or on report or complaint received, by order prohibit the execution or further execution of a resolution or order passed or made under this or any other enactment by a Municipality or a committee of a Municipality or a joint committee or any officer or servant of a Municipality or of a joint committee, if in its opinion such resolution or order is prejudicial to the public interest 6[or has been passed or made in abuse of powers of in flagrant breach of any law for the time being in force], and may prohibit the doing or continuance by any person of any act in pursuance of or under cover of such resolution or order. ] 7[(2) When an order is made under sub-section (1) or (1-a) 8[ * * * * ] a copy thereof, with a statement of the reasons for making it, shall forthwith be forwarded by the Prescribed Authority or the District Magistrate through the Prescribed Authority, as the case may be, to the 5[State Government] which may thereupon, if it thinks fit, rescind or modify the order. ] (3) 9[ * * * * ] (4) Where the execution or further execution of a resolution or order is prohibited by an order made under sub-sections, (1), (1-A) or 10(1-B) and continuing in force, it shall be the duty of the Municipality, if so required by the authority making the order under the said subsection, 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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