297. Powers of State Government in case of default, and of Deputy Commissioner in case of emergency, etc.
(1)If at any time, on receipt of a complaint or information, it appears to the State Government that the Board have made default in performing any duty imposed on them by or under this or any other Act, the State Government by an order in writing, call upon the Board to perform the duty within such time as may be appointed by such order.(2)If such duty is not performed within such period, the State Government may, after considering any representation which the Board may submit, either revoke or modify the order or appoint some, fit and proper person to perform the duty.(3)If, in any case of emergency, the Deputy Commissioner, upon, the recommendation of the concerning technical adviser immediately, available in the district within which the municipality is situated, is of opinion that the immediate execution of any work or the immediate doing on any act which the Board, whether at a meeting or otherwise, are empowered to execute or do is necessary for the health or safety of the public, he may call upon the Board to execute the work within such time as he may appoint. If such work is not executed within such period he may appoint some fit and proper person to execute the work or do the act immediately.The Deputy Commissioner shall forthwith report to the Commissioner of Division every case in which he uses the powers conferred on him by this sub-section whereupon the Commissioner of Division may pass such orders as he thinks fit.(4)Where any person is appointed under sub-section (2) or sub-section (3), the State Government, or, subject to any order which may be passed by the Commissioner of Division under sub-section (3), the Deputy Commissioner with the prior approval with the Commissioner of Division may direct that the expense of performing the duty, executing the work or doing the act, together of reasonable remuneration, if any to the person so appointed, shall forthwith be paid by the Board.(5)Where such expense and remuneration are not so paid, the Deputy Commissioner may make an order directing the person having the custody of the balance of the municipal fund to pay the expense and remuneration or so much thereof as is possible from the balance, in priority to any or all other charges, and such person shall make payment accordingly:Provided that the board may prefer an appeal to the State Government against the decision of the Commissioner of Division as regards assessment of expenses and remuneration as made under sub-section (4).
