Section 425 in Gauhati Municipal Corporation Act, 1971
425. Government's power to supersede.
(1)If, at any time, the Government is satisfied that a Corporation is not competent to perform, or persistently makes default in the performance of the duties imposed on it by or under this Act or any other law, or exceeds or abuses its powers, the Government may, by notification in which the reasons for so doing shall be stated, declare the Corporation to be superseded for a period not exceeding one year:Provided that before such an order is made, reasonable opportunity to show cause shall be given to the Corporation.(2)When a Corporation is so superseded, the following consequences shall ensure, namely -(a)All councillors shall from the date of the notification vacate their offices as such without prejudice to their eligibility for re-election;(b)Such person or persons as the Government may appoint in that behalf, shall, so long as the supersession of the Corporation lasts, exercise and perform, so far as may be, the powers and duties of the Corporation and shall be deemed to be the Corporation for the purpose, and such person or persons shall comply with such direction as may be given to him or them by the Government, from time to time, for carrying out the purpose of this Act;(c)All property vested in the Corporation shall until it is reconstituted, vest in the Government; and(d)Before the expiry of the period of supersession election shall be held for the purpose of reconstituting the Corporation.(3)The person or persons appointed by the Government under clause (b) of sub-section (2) shall be designated as administrator or council of administrators and shall, where the Government so directs, receive from the Municipal Fund such payment for his or their services as the Government may, from time to time determine.
