Section 42 in Andhra Pradesh (Andhra Area) Town-Planning Act, 1920
42.
(1)If the [State Government] [The words 'Provincial Government' were Substituted For the words 'local Government' by the A.O.1937 and the word 'State' was Substituted For Provincial by the A.O.1950.] are satisfied after giving the municipal council an opportunity of explanation and considering any other representations that may be made to them, that a municipal council(a)has failed to take the requisite steps for having a satisfactory town-planning scheme prepared and sanctioned in a case where a town-planning scheme ought to be made, or(b)has failed to adopt any scheme proposed by owners of any land in a case where the scheme ought to be adopted, or(c)has unreasonably refused to consent to any modifications or conditions imposed by the [State Government] [The words 'Provincial Government' were Substituted For the words 'local Government' by the A.O.1937 and the word 'State' was Substituted For Provincial by the A.O.1950.] the [State Government] [The words 'Provincial Government' were Substituted For the words 'local Government' by the A.O.1937 and the word 'State' was Substituted For Provincial by the A.O.1950.] may, as the case may require, order the municipal council to prepare and submit for the approval of the State Government such a town-planning scheme, or to adopt the scheme, or to adopt the scheme, or to consent to the modifications or conditions so inserted.Provided that, where the municipal council has failed to a adopt a scheme, the [State Government] [The words 'Provincial Government' were Substituted For the words 'local Government' by the A.O.1937 and the word 'State' was Substituted For Provincial by the A.O.1950.] in of making such an order as aforesaid, may approve the proposed schemeSubject to such modifications or conditions, if any, as the [State Government] [The words 'Provincial Government' were Substituted For the words 'local Government' by the A.O.1937 and the word 'State' was Substituted For Provincial by the A.O.1950.] think fit, and thereupon the scheme shall have effect as if it had been adopted by the municipal council and sanctioned by the [State Government] [The words 'Provincial Government' were Substituted For the words 'local Government' by the A.O.1937 and the word 'State' was Substituted For Provincial by the A.O.1950.](2)If the [State Government] [The words 'Provincial Government' were Substituted For the words 'local Government' by the A.O.1937 and the word 'State' was Substituted For Provincial by the A.O.1950.] are satisfied after giving the municipal council or the responsible authority as the case may be an opportunity of explanation, that a municipal council ( or a responsible authority) has failed to enforce effectively the observance of a scheme which has been finally sanctioned, or any provisions thereof, or to execute any works which under the scheme or this Act the council ( or the responsible authority) is required to execute, the [State Government] [The words 'Provincial Government' were Substituted For the words 'local Government' by the A.O.1937 and the word 'State' was Substituted For Provincial by the A.O.1950.] to do all things necessary for enforcing the observance of the scheme or any provisions there of effectively or for executing any works which, under the scheme or this Act, the council ( or the responsible authority) is required to execute.(3)For the purposes of this section the [State Government] [The words 'Provincial Government' were Substituted For the words 'local Government' by the A.O.1937 and the word 'State' was Substituted For Provincial by the A.O.1950.] shall have the same powers of calling for records, of causing inspection to be made, and of enforcing their orders or appointing persons to enforcing their orders or appointing persons to enforce them as they have under (sections 34 and 39) of the Andhra Pradesh (Andhra Area) District Municipalities Act, 1920).
