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[Cites 0, Cited by 0] [Section 322] [Entire Act]

State of Rajasthan - Subsection

Section 322(1) in Rajasthan Municipalities Act, 2009

(1)If at any time 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 otherwise by law, or has exceeded, or abused its powers, the State Government may, by an order published along with the reasons thereof, in the Official Gazette, declare the Municipality to be incompetent or in default, or to have exceeded or abused its powers, as the case may be, and may dissolve such Municipality as from a date to be specified in the order of dissolution:Provided that no action shall be taken under this sub-Section unless the Municipality through its Chairperson has been afforded a reasonable opportunity of submitting an explanation and of being heard, if the Municipality so desires:Provided further that no order under this sub-Section shall be passed
(i)unless the State Government has drawn up a statement setting out distinctly the charges against the Municipality and sent the same for inquiry in the prescribed manner and findings to a Tribunal consisting of a Chairman and not less than two members, constituted in the prescribed manner, or
(ii)otherwise than in conformity with such findings.
Explanation.- If for any reason the number of vacancies in a Municipality exceeds two-thirds of the total number of seats, the Municipality shall be deemed to be not competent to perform the duties imposed on it by or under this Act.