96. Power of State Government to dissolve the Council.
(1)If, in the opinion of the State Government, the Council has shown its incompetence, or has persistently made default, in the performance of the functions, or in the discharge of the duties, imposed on it by or under this Act or any other law for the time being in force, or has exceeded or abused its powers, or is unable to function under the provisions of this Act, the State Government may, subject to the provisions of sub-section (2), by an order published in the Official Gazette, and stating the reasons therefor, declare the Council to be incompetent or in default or to have exceeded or abused its powers, as the case may be, and dissolve it for such period, not exceeding six months, and with effect from such date, as may be specified in the order.(2)Before making any order under sub-section (1) a notice shall be given by the State Government to the Council calling upon it to submit representation, if any, against the proposed order within such period as may be specified in the notice.(3)The Mayor or Chairperson shall also be given a reasonable opportunity of being heard before making an order under sub-section (1).(4)Not withstanding anything contained in this Act or in any other law for the time being in force, with effect from the date of the order of dissolution under sub-section (1),(a)all the Councillors including the members of the Standing Committee and of any committee of the municipality constituted under this Act, and the Mayor or Chairperson and the Deputy Mayor or Vice-Chairperson shall vacate their respective offices, and(b)all the powers and duties which, under the provisions of this Act or the rules or the regulations made thereunder or any other law for the time being in force, which are exercised or performed by the members of the Standing Committee or of any committee of the municipality or the Mayor or Chairperson, shall thereafter be exercised or performed, subject to such directions as the State Government may give from time to time, by such person or persons as the State Government may appoint in this behalf:Provided that when the State Government appoints more than one person to exercise any powers or perform any duties, it may, by order, and in such manner as it thinks fit, allocate such powers and duties among the persons so appointed:Provided further that the State Government shall fix the remuneration of such person or persons, and may direct that such remuneration shall, in each case, be paid out of the Municipal Fund.(5)For the avoidance of doubts, it is hereby declared that an order of dissolution under sub-section (1) of section 95 shall not affect or imply in any way the dissolution of the municipality as a body corporate.
