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State of Uttar Pradesh - Section

Section 34 in The U.P. Municipalities Act, 1916

34. Power of the State Government or the Prescribed Authority or the District Magistrate to prohibit execution or further execution of resolution or order of [Municipality] [Substituted by U.P. Act No. 12 of 1994.].

(1)[The Prescribed Authority may] [Substituted by U.P. Act No. 7 of 1949.], by order in writing, prohibit the execution or further execution of a resolution or order passed or made under this or any other enactment by a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or a committee of a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or a Joint Committee or any officer or servant of a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or of a Joint Committee [if in its opinion] [Substituted by U.P. Act No. 7 of 1949.] such resolution or order is of a nature to cause or tend to cause obstruction, annoyance or injury to the public or to any class or body of persons lawfully employed [* * *] [Omitted by U.P. Act No. 7 of 1949.] and may prohibit the doing or continuance by any person of any act in pursuance for or under cover of such resolution or order.
(1A)[ The District Magistrate may, within the limits of his district, by order in writing, prohibit the execution or further execution of a resolution or order passed or made under this or any other enactment by a] [Inserted by U.P. Act No. 7 of 1949.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or a committee of a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or a Joint Committee or any officer or servant of a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or of a Joint Committee if in his opinion such resolution or order is of a nature to cause or tend to cause danger to human life, health or safety, or a riot or affray, and may prohibit the doing or continuance by any person of any act, in pursuance of or under cover of such resolution or order.
(1B)[ the State Government may, on its own motion or on report or complaint received by order prohibit the execution or further execution of a resolution or order passed or made under this or any other enactment by a] [Inserted by U.P. Act No. 7 of 1949.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or a committee of a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or a Joint Committee or any officer or servant of a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or of a Joint Committee, if in its opinion such resolution or order is prejudicial to the public interest, [or has been passed or made in abuse of powers or in flagrant breach of any provision of any law for the time being in force,] [Inserted by U.P. Act No. 26 of 1964.] and may prohibit the doing or continuance by any person of any act in pursuance of or under cover of such resolution or order.
(2)[ Where an order is made under sub-section (1) or (1-A)] [Substituted by U.P. Act No. 7 of 1949.] [* * *] [Omitted by U.P. Act No. 12 of 1994.], a copy thereof with a statement of the reasons for making it, shall forthwith be forwarded by the Prescribed Authority or the District Magistrate through the Prescribed Authority, as the case may be, to the State Government which may thereupon, if it thinks fit, rescind or modify the order.
(3)[* * *] [Omitted by U.P. Act No. 12 of 1994.]
(4)Where the execution or further execution of a resolution or order is prohibited by an order made under sub-section (1), (1-A) or (1-B) and continuing in force, it shall be the duty of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.], if so required by the authority making the order under the said sub-sections to take any action which it would have been entitled to take, if the resolution or order had never been made or passed, and which is necessary for preventing any person from doing or continuing to do anything under cover of the resolution or order of which the further execution is prohibited.