Section 49 in The Coimbatore City Municipal Corporation Act, 1981
49. Power to suspend or cancel resolutions, etc., under this Act.
(1)The Government may at any time by order in writing-(i)suspend or cancel any resolution passed, order issued, or licence or permission granted; or(ii)prohibit the doing of any act which is about to be done or its being done, in pursuance or under colour of this act if, in their opinion(a)such resolution, order, licence, permission or act has not been legally passed, issued, granted or authorized;(b)such resolution, order, licence, permission or act, is in excess of the powers conferred by, or in contravention of, this or any other Act or of any rule, notification, regulation or by-law made or issued under this or any other Act, or is an abuse of such powers or adversely affects the financial stability of the corporation or the efficiency of municipal administration as a whole;(c)such resolution, order, licence, permission or act is in contravention of any direction issued by the Government; or(d)the execution of such resolution or order, the continuance in force of such licence or permission or the doing of such act is likely to cause danger to human life, health or safety, or is likely to lead to a riot or an affray:Provided that the Government shall, before taking action under this section on any of the grounds referred to in clauses (a), (b) and (c), give the authority or person concerned an opportunity for explanation:Provided further that nothing in this sub-section shall enable the Government to set aside any election which has been held.(2)If, in the opinion of the Commissioner, immediate action is necessary on any of the grounds referred to in clause (d) of sub-section (1), he may suspend the resolution, licence, permission or act, as the case may be, and report to the Government who may thereupon either rescind the Commissioners order or after giving the authority or person concerned a reasonable opportunity of explanation, direct that it shall continue in force with or without modifications permanently or for such period as they think fit.(3)The Government may, at any time, by notification repeal wholly or in part or modify, any by-law:Provided that before taking any action under this sub-section, the Government shall communicate to the council the grounds on which they propose to do so, fix a reasonable period for the council to show cause against the proposal and consider its explanations and objections, if any.(4)The repeal or modification of any by-law shall take effect from the date of publication of the notification, if no date is therein specified, and shall not affect anything done, omitted or suffered before such date.
