Section 39 in Tamil Nadu District Municipalities Act, 1920
39. State Government's power to undertake works for, or to take action in default of, a municipality.
(1)If, at any time, it appears to the State Government that a municipal council, [chairman or executive authority] [These words were substituted for the words 'or chairman' by section 17(2) of the Tamil Nadu District Municipalities (Amendment) Act, 1933 (Tamil Nadu Act XV of 1933)] has made default in performing any duty imposed by or under this or any other Act, [they may] [These words were substituted for the words 'he may' by the Schedule to the Tamil Nadu District Municipalities (Amendment) Act, 1930 (Tamil Nadu Act X of 1930)], by order in writing, fix a period for the performance of such duty.(2)If such duty is not performed within the period so fixed, 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] may appoint some person to perform it, and may direct that the expense of performing it shall be paid, within such time, [as they may fix] [The word 'water supply' were omitted in respect of municipalities and Third Grade Municipalities with the Chennai Metropolitan Development Area, vide section 85 and Part II of the Schedule to the Tamil Nadu Act 28 of 1978], to such person by the municipal council.(3)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] may, with the consent of the municipal council, undertake on its behalf the construction of [water-supply] [The words 'water-supply' were omitted in respect of municipalities and Third Grade Municipalities with the Chennai Metropolitan Development Area, vide section 85 and Part II of the Schedule to Tamil Nadu Act 28 of 1978], drainage or other works, appoint persons to carry out the construction of such works, and direct that the expense, including the pay of such persons, be paid from the municipal fund.(4)If expenses which 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] [have directed] [These words were substituted for the words 'has directed' by the Adaptation Order of 1950] under subsection (2) or (3) to be paid from the municipal fund are not so paid, the District Collector, with the previous sanction of 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] may make an order directing the person having the custody of the municipal fund to pay it in priority to any other charge against such fund except charges for the service of authorised loans.(5)Such person shall, so far as the funds to the credit of the municipal council admit, be bound to comply with such order.(6)If on a representation in writing made by the chairman, the State Government are satisfied that due to the non-co-operation of the councillors with the chairman, the municipal council is not able to function, the State Government may, by notification, authorise the chairman to perform, subject to the control of the State Government or any officer authorised by the State Government in this behalf, such of the duties imposed upon the municipal council by law and for such period not exceeding six months as may be specified in such notification. During the period for which the chairman is so authorised, there shall be no meeting of the municipal council.
