328. Bower to dissolve [x x x] [Omitted by M.P. Act No. 17 of 1994.] Council.
- [(1) The State Government may. by an order stating the reasons thereof dissolve the Municipality, if :-(a)at any time upon representation made or otherwise the State Government is satisfied that the Municipality is not competent to perform or persistently makes default in the performance of the duties imposed on it by or under this Act or any other law for the time being in force, or exceeds or abuses its powers, or(b)the Municipality fails to elect a [x x x] Vice-President within one month from the date of the publication of the election of the Councillors in the gazette by the State Election Commission after every general election of the Councillors under sub-section (1) of Section 43 or on the expiry of the term of the [x x x] [Omitted by M.P. Act No. 18 of 1997.] the Vice-President within one month thereof; or(c)[ x x x] [Omitted by M.P. Act No. 20 of 1998.]Provided that the Municipality shall be given a reasonable opportunity of being heard before its dissolution.(2)An order passed under sub-section (1) shall take effect from the date of its publication in the official gazette.] [Substituted by M.P. Act No. 17 of 1994.](3)[] [Renumbered by M.P. Act No. 17 of 1994.] If the Council is dissolved [x x x] [Omitted by M.P. Act No. 17 of 1994.] as provided in the preceding sub-sections, the following consequences shall ensue :-(a)all the [Councillors and President] [Inserted by M.P. Act No. 18 of 1997.] of the Council shall, as from the date of the order, vacate their offices as [Councillors and President] [Inserted by M.P. Act No. 18 of 1997.];(b)[ all powers and duties of the Council, the [President-in-Council] [Substituted by M.P. Act No. 7 of 1988.], Appeal Committee, [President-in-Council] [Substituted by M.P. Act No. 20 of 1998.] and President under this Act may, until the Council is reconstituted, be exercised and performed by such person as may be appointed as Administrator by the State Government in this behalf :Provided that-(i)in place of Administrator the State Government may appoint an Administrative Committee consisting of Chairman, Vice-Chairman and such number of members as it may deem fit, but the total number of such members including Chairman and Vice-Chairman shall not be more than five;(ii)for the purposes of this Act, such Administrative Committee shall exercise and perform all the powers and duties of the Council, [President-in-Council] [Substituted by M.P. Act No. 20 of 1998.], Appeal Committee, [President-in-Council] [Substituted by M.P. Act No. 20 of 1998.] and its Chairman and the Vice-Chairman shall exercise and perform such powers and duties as provided under this Act for the President and Vice-President of the Council;(iii)no person shall be appointed as Chairman, Vice-Chairman or member of such Administrative Committee who is not eligible to hold such office in the Council under this Act.(c)all the properties vested in the Council shall, until the Council is reconstituted, vest in the Administrator or the Administrative Committee, as the case may be, appointed under clause (b) for the purposes of this Act :Provided that the exercise of the powers of the Council or [President-in-Council] [Substituted by M.P. Act No. 20 of 1998.] regarding the management or disposal of the property shall be subject to the Control of the Collector.(d)the State Government may, at any time remove the Administrator, Chairman, Vice-Chairman or any member appointed under clause (b) and may appoint any other person eligible to be so appointed in his place.](4)[ Any person or persons appointed by the State Government to exercise and perform the powers and duties of a Council during the period of its dissolution [x x x] [Renumbered as sub-section (4) by M.P. Act No. 17 of 1994.] may receive payment, if the State Government so directs, for his or their services from the Municipal Fund.]
