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State of Tamilnadu - Section

Section 50 in The Coimbatore City Municipal Corporation Act, 1981

50. [Governments power to dissolve the Corporation. [Substituted by Tamil Nadu Act 26 of 1994.]

- 4[(1) If, in the opinion of the Government, the corporation is not competent to perform or persistently makes default in performing the duties imposed on it by law, or exceeds or abuses its powers, the Government may, by notification-(a)dissolve the corporation from a specified date; and(b)direct that the corporation be reconstituted with effect from a date which shall not be later than six months from the date of dissolution.(1-A) An election to reconstitute the corporation shall be completed before the expiration of a period of six months from the date of its dissolution.]
(2)Before publishing a notification under sub-section (1), the Government shall communicate to the council the grounds on which they propose to do so fix a period of not less than thirty days for the council to show cause against the proposal and consider its explanations or objections, if any.
(3)Nothing contained in sub-section (1) shall affect the office of the Commissioner.
(4)On the date fixed for the dissolution of the council under sub-section (1), all its members as well as the Mayor and the Deputy Mayor (including councillors who are members of committees established or constituted by or under this Act), shall forthwith be deemed to have vacated their offices [and the persons referred to in sub-section (2) of section 5 shall cease to be represented in the council] [Inserted by Tamil Nadu Act 26 of 1994.] and fresh elections shall be held in accordance with the provisions of this Act.
(5)[Dissolution] [Substituted by Tamil Nadu Act 26 of 1994.] shall take effect from noon on the date of publication of the notification, if no date is therein specified, and thereupon the following consequences shall ensue-:-
(a)all the members of the council as well as the Mayor and the Deputy Mayor (including councillors who are members of committees established or constituted by or under this Act), shall forthwith be deemed to have vacated their offices;
(b)all or any of the functions of the council, of the Mayor and of the committees, established or constituted by or under this Act except the Taxation Appeals Committee may, [during the period of dissolution] [Substituted by Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994 Tamil Nadu Act 26 of 1994).] be exercised and performed, as far as may be, and to such extent as the Government may determine by such person as the Government may appoint in that behalf and any such person may, if the Government so direct, receive payment for his services from the municipal fund; the Government may determine the relations of such person with themselves and may direct the Commissioner to exercise and perform any powers and duties of the council and of the committees aforesaid except the Taxation Appeals Committee in addition to his own;
(c)all or any of the functions of the Taxation Appeals Committee may, [during the period of dissolution] [Substituted by Tamil Nadu Municipal Corporation Laws (Amendment and Special Provision) Act, 1994 Tamil Nadu Act 26 of 1994).] be exercised and performed by the chairman of the said committee.
[x x x] [Omitted by Tamil Nadu Act 26 of 1994.]
(7)The Government may reconstitute the Council before the expiry of the period notified under sub-section (1) [x x x] [The word 'or subsection (6)' omitted by Tamil Nadu Act 26 of 1994.].
(8)[ All the newly elected councillors of the reconstituted corporation shall enter upon their offices on the date fixed for its reconstitution and they shall hold their offices only for the remainder of the period for which the dissolved corporation would have continued under sub-section (1) of section 5-B had it not been dissolved.] [Substituted by Tamil Nadu Act 26 of 1994.]
(9)[x x x] [Subsection (9) omitted by Tamil Nadu Act 26 of 1994]
(10)When the council is dissolved [x x x] [Omitted by Tamil Nadu Act 26 of 1994.] under this section, the Government until the date of the reconstitution thereof and the reconstituted council there after shall be entitled to all the assets and be subject to all the liabilities of the council as on the date of the dissolution and on the date of the reconstitution respectively.