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State of Tamilnadu - Section

Section 36 in Tamil Nadu District Municipalities Act, 1920

36. [ Power to suspend or cancel resolutions, etc., under Act. [This section was substituted for the original section by section 31 of the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)]

(1)The [State Government] may, by order in writing-
(i)suspend or cancel any resolution passed, order issued, or licence or permission granted; or
(ii)prohibit the doing of any act which is about to be done or is being done, in pursuance or under colour of this Act, if, in their opinion;
(a)such resolution, order, licence, permission or act has not been legally passed, issued, granted or authorised; or
(b)such resolution, order, licence, permission or act is in excess of the powers conferred by this Act or any other law; or
(c)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] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for the word 'Provincial' by the Adaptation Order of 1950] shall, before taking action under this section on any of the grounds referred to in clauses (a) and (b) give the authority or person concerned an opportunity for explanation:[Provided further that nothing in this sub-section shall enable the [State] [This proviso was added by section 4 of the Madras District Municipalities (Third Amendment) Act, 1942 (Madras Act XXXVIII of 1942), re-enacted permanently with specified modification by section 3 of and the Schedule to the Tamil Nadu Re-enacting (No. III) Act, 1948 (Tamil Nadu Act IX of 1948)] Government to set aside any election which has been held.]
(2)If, in the opinion of the District Collector, immediate action is necessary on any of the grounds referred to in clause (c) of sub-section (1), he may suspend the resolution, order, licence, permission or act, as the case may be, and report to the [State Government] [This proviso was added by section 4 of the Madras District Municipalities (Third Amendment) Act 1942 (Madras Act XXXVIII of 1942), re-enacted permanently with specified modifications by section 3 of and the Schedule to the Tamil Nadu Re-enacting (No. III) Act, 1948 (Tamil Nadu Act IX of 1948)] who may thereupon either rescind the Collector's order or after giving the authority or person concerned a reasonable opportunity of explanation, direct that it continue in force with or without modification permanently or for such period as they think fit.]