61. Action by Government in default of Municipal Authority.
- [(1)] [Renumbered by Act 14 of 1999, w.e.f. 24-3-1999.]Where, at any time, it appears to the Government that a Municipal authority has made default in performing any duty imposed on it by or under this Act or any other law for the time being in force, they may, by order in writing, direct such authority to perform the duty within such period, as may be specified, therein, and such authority shall be bound to comply with such direction.(2)[ If such duty is not performed or such order is not carried out within the period specified under sub-section (1), the Government may, after giving a reasonable opportunity to the Municipality, to its chairperson or to the Secretary, as the case may be, to show cause why further action should not be taken under this section, appoint any officer or authority to perform the duty or to carry out the functions and the expenses to be incurred for that shall be paid from the funds of the Municipality within such time as determined by the Government.(3)If the expenses directed by the Government to be paid from the fund of the Municipality under sub-section (2) is not paid in the manner specified orders may be passed directing the person having the custody of the said fund to pay it in priority to any other charge against that fund, except service charges of authorised loans, or deduct that amount from the share of taxes or any grant due to the Municipality.(4)The person referred to in sub-section (30) shall, as far as the funds in the account of the Municipality permits be liable to comply with the order passed by the Government under that sub-section.] [Added by Act 14 of 1999, w.e.f. 24-3-1999.]
