Section 448 in The Gujarat Provincial Municipal Corporations Act, 1949
448. Power of [State] [This word was substituted for the word Provincial by the adaptation of Laws Order, 1950.] Government to require performance of duties in default of any municipal authority.
(1)If it shall at any time appear to the [State] [This word was substituted for the word Provincial by the adaptation of Laws Order, 1950.] Government upon complaint or otherwise that default has been made in the performance of any duty imposed on any of the municipal authorities by or under this Act or by or under any enactment for the time being in force, the [State] [This word was substituted for the word Provincial by the adaptation of Laws Order, 1950.] Government may, if satisfied after due inquiry that the alleged default has been made, make an order prescribing a period for the performance of that duty:Provided that, except in any case which appears to the [State] [This word was substituted for the word Provincial by the adaptation of Laws Order, 1950.] Government to be one of emergency, no such order shall be made until after the expiry of one month from the date of service of a written notice on the Corporation, and if the [State] [This word was substituted for the word Provincial by the adaptation of Laws Order, 1950.] Government shall think fit, on the Commissioner requiring cause to be shown why such order should not be made, nor until the cause, if any, so shown has been considered by the [State] [This word was substituted for the word Provincial by the adaptation of Laws Order, 1950.] Government.(2)If the duty is not performed within the period prescribed in an order made under sub-section (1), the [State] [This word was substituted for the word Provincial by the adaptation of Laws Order, 1950.] Government may appoint some person to perform the same and may direct that the expense of performing such duty, together with such reasonable remuneration to the person performing the same as the [State] [This word was substituted for the word Provincial by the adaptation of Laws Order, 1950.] Government shall determine and the cost of the proceedings under this section shall be paid out of the Municipal Fund.
