35. Power of the State Government and Prescribed Authority in case of default of [Municipality] [Substituted by U.P. Act No. 12 of 1994.].
(1)If at any time, upon representation made or otherwise, it appears to the State Government that [a municipality] [Substituted by U.P. Act No. 12 of 1994.] has made default in performing a duty imposed on it by or under this or any other enactment, [or in carrying out any order made or direction issued by the State Government in exercise of any power conferred by this Act or any other enactment] [Inserted by U.P. Act No. 7 of 1953.] the State Government [* * *] [Omitted by U.P. Act No. 12 of 1994.] may (after calling for an explanation from the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] and considering any objection by the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] to action being taken under this section), by order in writing fix a period for the performance of that duty [or the carrying out of that order or direction] [Inserted by U.P. Act No. 26 of 1964.].(2)If that duty is not performed [or the order or direction is not carried out] [Inserted by U.P. Act No. 7 of 1953.] within the period so fixed, the State Government [* * *] [Omitted by U.P. Act No. 12 of 1994.] may appoint the District Magistrate [or any officer not below the rank of a Deputy Collector] [Inserted by U.P. Act No. 7 of 1949.] to perform it and may direct that the expense (if any) of performing the duty [or executing the order or direction] [Inserted by U.P. Act No. 7 of 1953.] shall be paid, within such time as may be fixed, to the District Magistrate by the [Municipality] [Substituted by U.P. Act No. 12 of 1994.].(3)If the expense is not so paid, the District Magistrate, with the previous sanction of the State Government [* * *] [Omitted by U.P. Act No. 12 of 1994.] may make an order directing the person having the custody of the Municipal fund to pay the expense from such fund.
