Section 308 in The Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965
308. Powers to suspend execution of orders and resolution of Council on certain grounds.
- [(1) If the Council or any Committee resolves contrary to provisions of this Act or any other law, or rules, bye-laws, or the Government directions, then it shall be the responsibility of the Chief Officer to send it to the Collector for suspension of execution of such a resolution or prohibition of doing thereof, within the period of three days from the receipt of the said resolution. The Collector shall decide on such proposal within the period of thirty days from the date of receipt of such proposal. If it remains undecided within the said period, then the Collector shall submit the report thereof to the Director within ten days and the decision of the Director thereon shall be final. In such case, appeal against the order of the Director shall lie to the State Government.] [Substituted by Maharashtra Act No. 25 of 2018, dated 31.3.2018.](2)When the Collector makes any order under his signature, he shall forward to the Council affected thereby a copy of the order, indicating therein the reasons for making it and also submit a report to the Director, alongwith a copy of such order.(3)Within [thirty days] [These words were substituted for the words 'twenty days' by Maharashtra 18 of 1993, Section 29(a).] from the receipt of such order of the Collector, the Council shall, if it so desires, forward a statement to the Director indicating therein why the order of the Collector should be rescinded, revised or modified. If no such statement is received by the Director within time, the Director shall presume that the Council has no objection if the order of the Collector is confirmed.(4)On receipt of such report from the Collector and the Council's statement referred to in sub-section (3), if any, the Director may [within a period of six months, from the receipt of such report or within such period beyond six months as may, on the request of the Director, be extended by the State Government] [These words were inserted by Maharashtra 18 of 1993, Section 29(b).] rescind the order or may revise or modify or confirm the order or direct that the order shall continue to be in force with or without modifications:Provided that, the Director shall take into account the statement of a Council, if received, before such an order is made by him.
