Section 40 in The Orissa Panchayat Samiti Act, 1959
40. Government's power to take action in default of a Samiti or its Chairman.
(1)If at any time, it appears to the Government that a [* * *] [Omitted vide Orissa Act No. 24 of 1961.] 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 [* * *] [Omitted vide Orissa Act No. 1 of 1968.] Samiti [* * *] [Omitted vide Orissa Act No. 1 of 1968.].(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 [* * *] [Omitted vide Orissa Act No. 1 of 1968.] Samiti [* * *] [Omitted vide Orissa Act No. 1 of 1968.] admit, be bound to comply with such order.
