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[Cites 0, Cited by 26] [Entire Act]

State of Telangana - Section

Section 42 in Telangana Town-Planning Act, 1920

42. Power of control of State Government.

(1)If the [State Government] [Throughout the Act, the words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order, 1937, and the word 'State' was substituted for 'Provincial' by the Adaptation Order, 1950.] are satisfied, after giving the municipal council an opportunity of explanation and considering any other representations that may be made to them, that a municipal council,-
(a)has failed to take the requisite steps for having a satisfactory town-planning scheme prepared and sanctioned in a case where a town-planning scheme ought to be made, or
(b)has failed to adopt any scheme proposed by owners of any land in a case where the scheme ought to be adopted, or
(c)has unreasonably refused to consent to any modifications or conditions imposed by the [State Government] [Throughout the Act, the words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order, 1937, and the word 'State' was substituted for 'Provincial' by the Adaptation Order, 1950.], the [State Government] [Throughout the Act, the words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order, 1937, and the word 'State' was substituted for 'Provincial' by the Adaptation Order, 1950.] may, as the case may require, order the municipal council to prepare and submit for the approval of the [State Government] [Throughout the Act, the words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order, 1937, and the word 'State' was substituted for 'Provincial' by the Adaptation Order, 1950.] such a town-planning scheme, or to adopt the scheme, or to consent to the modifications or conditions so inserted:
Provided that, where the municipal council has failed to adopt a scheme, the [State Government] [Throughout the Act, the words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order, 1937, and the word 'State' was substituted for 'Provincial' by the Adaptation Order, 1950.] in lieu of making such an order as aforesaid, may approve the proposed scheme, subject to such modifications or conditions, if any, as the [State Government] [Throughout the Act, the words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order, 1937, and the word 'State' was substituted for 'Provincial' by the Adaptation Order, 1950.] think fit, and thereupon the scheme shall have effect as if it had been adopted by the municipal council and sanctioned by the [State Government] [Throughout the Act, the words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order, 1937, and the word 'State' was substituted for 'Provincial' by the Adaptation Order, 1950.].
(2)If the [State Government] [Throughout the Act, the words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order, 1937, and the word 'State' was substituted for 'Provincial' by the Adaptation Order, 1950.] are satisfied after giving the municipal council [or the responsible authority as the case may be] [Inserted by Madras Act II of 1930.] an opportunity of explanation, that a municipal council [or a responsible authority] [Inserted by Madras Act II of 1930.] has failed to enforce effectively the observance of a scheme which has been finally sanctioned, or any provisions thereof, or to execute any works which under the scheme or this Act the council [or the responsible authority] [Inserted by Madras Act II of 1930.] is required to execute, the [State Government] [Throughout the Act, the words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order, 1937, and the word 'State' was substituted for 'Provincial' by the Adaptation Order, 1950.] may order the council [or the responsible authority] [Inserted by Madras Act II of 1930.] to do all things necessary for enforcing the observance of the scheme or any provisions thereof effectively or for executing any works which, under the scheme or this Act, the council [or the responsible authority] [Inserted by Madras Act II of 1930.] is required to execute.
(3)For the purposes of this section the [State Government] [Throughout the Act, the words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order, 1937, and the word 'State' was substituted for 'Provincial' by the Adaptation Order, 1950.] shall have the same powers of calling for records, of causing inspection to be made, and of enforcing their orders or appointing persons to enforce them as they have [under sections 64 and 67 of the 74 Telangana Municipalities Act, 1965 (Act 6 of 1965).] [Substituted by Act No.24 of 1981.]