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State of Gujarat - Section

Section 16 in Gujarat Compulsory Primary Education Act, 1961

16. Failure of local authority to prepare or implement scheme.

(1)If any local authority when called upon to submit a scheme under sub-section (2) of section 3 fails so to do or after a scheme has been sanctioned under sub-section (4) of section 3 fails to give effect to a scheme so sanctioned, whether wholly or in part, the State Government may, after making such inquiry as it considers necessary and after giving an opportunity to the local authority to be heard in the matter, appoint any person to prepare the scheme or to give effect to it, as the case may be, and may direct that such part of the expenses as the State Government may determine shall be defrayed out of the funds belonging to the local authority. The person so appointed shall perform all the functions of a local authority under this Act in respect of the scheme.
(2)Where any such direction as is referred to in sub-section (1) is issued, any person who has for the time being the custody of any moneys on behalf of the local authority, either as a banker or in any other capacity, shall, notwithstanding anything contained in any law for the time being in force be bound to comply with such direction. Every payment made pursuant to such direction shall be sufficient discharge to such person from all liability to the local authority in respect of any amount so paid by him out of the money of the local authority so held by him.