316. Power of Government to [dissolve] [Substituted by Act 36 of 1994 w.e.f. 1.6.1994.] a municipal council in certain circumstances.
(1)If, in the opinion of Government any municipal council is not competent to perform, or persistently makes default in the performance of the duties imposed on it or undertaken by it by or under this Act, or any other law, or exceeds or abuses its power or refuses to carry out the directions given to it under the provisions of this Act or any other law [or is functioning in a manner prejudicial to the [municipal council] [Inserted by Act 83 of 1976 w.e.f. 8-12.1976.]], the Government may, by an order published, together with a statement of the reasons therefor, in the official Gazette, declare the municipal council to be incompetent or in default, or to have exceeded or abused its powers, as the case may be, and may [dissolve it] [Substituted by Act 36 of 1994 w.e.f. 1.6.1994.]:Provided that before making an order of [dissolution] [Substituted by Act 36 of 1994 w.e.f. 1-6.1994.] as aforesaid reasonable opportunity shall be given to the municipal council to show cause why such order should not be made.[dissolved] [[Inserted by Act 83 of 1976 and omitted by 36 of 1994 w.e.f. 1.6.1994.</p>[Provisos ***]</span></a>(2)When the municipal council is <SPAN class=amd2><A TITLE =]] by an order under subsection (1) the following consequences shall ensue:-(i)all the councillors of the municipal council shall, on such date as may be specified in the order vacate their office as such councillors without prejudice to their eligibility for election [under sub-section (3)] [Substituted by Act 36 of 1994 w.e.f. 1-6.1994.];(ii)during the period of [dissolution] [Substituted by Act 36 of 1994 w.e.f. 1-6.1994.] of the municipal council, all powers and duties conferred and imposed on the municipal council by or under this Act or any other law shall be exercised and performed by such officer as the Government may from time to time appoint in that behalf;(iii)all property vested in the municipal council shall, until it is reconstituted, vest in the Government.(3)[ when a municipal council is dissolved it shall be reconstituted in the manner provided under this Act, before the end of six months from the date of such dissolution:Provided that where the remainder of the period for which the dissolved municipal council would have continued is less than six months, it shall not be necessary to hold any election under this section for constituting the municipal council for such period.(4)A municipal council constituted upon the dissolution before expiration of its duration shall continue only for the remainder of the period for which the dissolved municipal council would have continued had it not been dissolved.] [Substituted by Act 36 of 1994 w.e.f. 1-6.1994.](5)An order of [dissolution] [Substituted by Act 36 of 1994 w.e.f. 1-6.1994.] of a municipal council under sub-section (1) [***] [Omitted by Act 36 of 1994 w.e.f. 1-6.1994.] together with a statement of the reasons therefor shall be laid before both Houses of the State Legislature as soon as may be after it is made.
