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State of Maharashtra - Section

Section 452 in The Maharashtra Municipal Corporations Act, 1949

452. [Power of State Government to dissolve Corporation.] - (1) If at any time upon representation made or otherwise it appears to the [State] Government that the Corporation is not competent to perform, or persistently makes default in the performance of, the duties imposed upon it by or under this Act or any other law for the time being in force or exceeds or abuses it powers, the [State] Government may, after having given the Corporation an opportunity to show cause why such order should not be made, by an order published, with the reasons therefor, in the Official Gazette [dissolve the Corporation with effect from the date to be specified in the Order],

(2)[With effect from the date specified in the order passed under sub-section (1) or with effect from the date on which the Corporation stands dissolved under the proviso to article 243-ZF] the following consequences shall ensue :-
(a)[* **]
(b)[* **]
[(c) all powers and duties of the Corporation, the Standing Committee, the Transport Committee and all other committees constituted under the Act, shall, during the period of dissolution be exercised and performed by such Government Officer or Officers as the State Government may, from time to time, appoint in this behalf;][(d) on dissolution of the Corporation all the property vested in the Corporation shall vest in the State Government.]
(e)the person or persons appointed under clause (c) may delegate his or their powers and duties to an individual of a committee or sub-committee.
[(f) the Government Officer or Officers appointed under clause (c), and the individual or the members of the committee or sub-committee referred to in clause (e) shall receive such remuneration from the Municipal Fund as the State Government may from time to time determine.]
(3)[* * *]
(4)The Corporation shall be [re-constituted by election of councillors at general ward elections within the time specified for the purpose in clause (b) of section 6B]Provided that the person or persons appointed under clause (c) of sub-section (2) shall continue to exercise the powers and perform the duties of the Corporation, the Standing, Committee and, as the case may be, the Transport Committee until the first meeting of the Corporation constituted by the election of councillors as aforesaid shall have been held.[452A. Power of State Government to appoint Government officer or officers to exercise powers and perform functions and duties of Corporation. - (1) For every Municipal Corporation deemed to have been constituted or constituted for a larger urban area under sub-section (1) or sub-section (2) as the case may be, of section 3, the State Government may appoint a Government officer or officers to exercise all the powers and to perform all the functions and duties of a Corporation under this Act:Provided that an Administrator appointed by the State Government before the 31st May 1994 under the provisions of this Act, as it existed immediately before the 31st May 1994, for a Municipal Corporation deemed to have been constituted for a larger urban area under sub-section (1) of section 3 who is in office on the said date, shall be deemed to be the Government officer appointed under this sub-section to exercise all the powers and perform all the functions and duties of the said Corporation under this Act.
(2)The officer or officers appointed under sub-section (1) shall hold office until the first meeting of the Corporation or for a period of six months from the date of specification of an area as a larger urban area, under sub-section (2) of section 3, whichever is earlier:Provided that the Administrator deemed to have been appointed as the Government officer under sub-section (1) shall hold office until the first meeting of the Corporation,
(3)The officer or officers appointed or deemed to have been appointed under sub-section (1) shall receive from the Municipal Fund such pay and allowances as may be determined, from time to time, by the State Government]