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[Cites 0, Cited by 5] [Entire Act]

State of Tamilnadu - Section

Section 44 in Chennai City Municipal Corporation Act, 1919

44. [ Power to suspend or cancel resolution etc., under this Act. [Substituted by Tamil Nadu Act 22 of 1971.]

(1)The Mayor shall submit to the State Government copies of all important resolutions of the council and of [the standing committees, wards committees] or other committees and all by-laws of the council.
(2)The State Government may at any time by order in writing-
(i)suspend or cancel in whole or in part any resolution passed;
(ii)suspend or cancel any order issued or licence or permission granted; or
(iii)prohibit the doing of any act which is about to be done or is being done, in pursuance of or under colour of tins Act, if, in their opinion-
(a)such resolution, order, licence, permission or act has not been legally passed, issued, granted or authorised,
(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 or credit 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 State 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 State 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 State Government to set aside any election which has been held.
(3)If, in the opinion of the commissioner, immediate action is necessary on any of the grounds referred to in clause (d) of sub-section (2), he may suspend the resolution, order, licence or permission or prohibit the doing of the act, as the case may be, and report to the State Government who may (hereupon either rescind the commissioner's order or after giving the authority or person concerned a reasonable opportunity of explanation, direct that the commissioner's order shall continue in force with or without modification permanently or for such period as they think fit.]