400. State Government's power to take action [in certain cases] [Inserted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.].
(1)If at any time it appears to the Government that a [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] or its [Chairperson] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] or the Executive Officer has made default in performing any duty imposed by or under this or any other Act, 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 State Government may appoint some person to perform it and may direct that the expense of performing it, shall be paid from the Municipal Fund, as the case may be, within such time as they may fix. to such person by the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.],(3)If expenses which the State Government have directed under Subsection (2) to be paid from the Municipal Fund are not so paid, the Magistrate of the district, with the previous sanction of the State Government, may make an order directing the person having the custody of the Municipal Fund to pay it in priority to any other charge against such fund except charges for the service of authorised loans.(4)Such person shall so far as the funds to the credit of the [Municipality] [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.] admit be bound to comply with such order.(5)[ Without prejudice to the foregoing powers of the State Government, it shall be competent for the State Government to direct any Municipality for the execution of any work or the doing of any act within a specified time if, in their opinion such work or action is necessary in the public interest, and if the Municipality fails to comply with such direction within the specified time, the State Government may direct the execution or the doing of such work by any other authority or person, in which case, the expenses therefor shall be realised from the Municipal Fund.] [Inserted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.]
