Section 47 in The Orissa Municipal Corporation Act, 2003
47. Submission of copies of proceedings etc. to Government and Governments power to cancel, resolution etc.
(1)The Commissioner shall submit to the Government copies of all resolutions and all bye-laws.(2)The Government may, at anytime, by notification -(i)suspend or cancel, any resolution, in whole or in part of the Corporation, passed, order issued or licence or permission granted; or(ii)prohibit the doing of any act which is about to be done or is being done in pursuance of or under the provisions of or under the provisions of this Act if in their opinion -(a)such resolution,order, licence, permission or act has not been legally passed, issued, granted or authorized, or(b)such resolution, order, licence, permission or act is in excess of the powers conferred by this Act or any other law, or(c)the execution of such resolution or order or the continuance in force of such licence or permission of 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, or(d)such resolution, licence, permission or act is gravely prejudicial to the financial interests of the Corporation :Provided that nothing in this Sub-section shall enable the Government to set aside any election which has been held.(3)The Government shall, before taking action on any of the grounds referred to in clauses (a) and (b) of Sub-section (2) give the authority or person concerned a reasonable opportunity for explanation.(4)If in the opinion of the District Magistrate immediate action is necessary on any of the grounds referred to in clause (c) of Sub-section (2) he may suspend the resolution, order, licence or permission, as the case may be, or prohibit the act from being done and report to Government, who may there upon either rescind the order of the said Magistrate or after giving the authority or person concerned a reasonable opportunity for explanation direct that it continues in force with or without modification permanently or for such period as they think fit.(5)Where any resolution passed or order issued by the Corporation is cancelled by Government under this section, the position prevailing immediately prior to the passing or issuing of such resolution or order, as the case may be, shall unless otherwise directed by Government, be restored with effect from the date of such cancellation.(6)The Government may, at any time by notification, repeal, wholly or in part, or modify, any bye-laws :Provided that before issue of notification repealing or modifying any bye-law, the Government shall give an opportunity to the authority concerned to show cause against the proposed repeal or modification.Provided further that the repeal or modification of any bye-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.
