Section 407 in The City of Nagpur Corporation Act, 1948
407. Power of State Government to suspend any resolution or order. - (1) If the State Government is of opinion that the execution of any resolution or order of the Corporation or of any other authority or officer subordinate thereto or the doing of any act which is about to be done or is being done by or on behalf of the Corporation, is not in conformity with law or with the rules or by-laws made thereunder, or is likely to lead to a breach of the peace or to cause injury or annoyance to the public or to any class or body of persons, or is likely to cause waste of or damage to Municipal funds, the State Government may, by order in writing, suspend the execution of such resolution or order or prohibit the doing of any such act.
(2)A copy of such order of the State Government shall be sent to the Corporation by the Government.(3)On receipt of a copy of the order as aforesaid, the Corporation may, if it is of opinion that the resolution, order or act is not in contravention or excess of the powers conferred by any law for the time being in force, or the execution of the resolution or the doing of the act is not likely to cause waste of or damage to Municipal funds, make a representation to the State Government against the said order.(4)The State Government may, after considering the said representation, either cancel, modify or confirm the order passed by it under sub-section (1) or take such other action in respect of the matter as may in the opinion of the State Government be just or expedient having regard to all the circumstances of the case.[408. Power to dissolve Corporation. - If, in the opinion of the State Government,-(a)the Corporation is not competent to perform the duties assigned to it, by or under this Act, or any other law for the time being in force; or(b)the Corporation persistently makes default in the performance of such duties, or in compiling with the lawful directions or orders issued by the State Government or any other authority empowered under any law for the time being in force, to issue such directions or order, to the Corporation; or(c)the Corporation exceeds or abuses its power; or(d)a situation has arisen in which the administration of the Corporation cannot be carried out in accordance with the provisions of this Act; or(e)the financial position and the credit of the Corporation is seriously threatened.the State Government may, after giving the Corporation a reasonable opportunity of being heard, by an order published in the Official Gazette, stating the reasons therefor, dissolve the Corporation.][409. Consequences of supersession. - (1) When the Corporation is superseded under section 408 the following consequences shall ensue, namely :-(a)all the Councillors of the Corporation shall, as from the date specified in the order of dissolution, vacate their offices as such Councillors;(b)all the powers and functions vesting in or exercisable by the Corporation, the Mayor, [* * *] the various committees, and the Councillors under this Act or any other law for the time being in force shall vest in and be exercisable by such Government officer or officers, as the State Government may, from time to time, appoint in this behalf and such officer or officers shall receive such remuneration from the Municipal Fund as the State Government may, from time to time, determine;(c)all property vested in the Corporation shall, during the period of dissolution, vest in the State Government.]
