Bare ActsThe Tamil Nadu Urban Local Bodies Act, 1998

Section 42

Amendment status not verified — confirm the current text below against the official source.

(1) The Commissioner shall give e!?ect to every resolution or order of the and orders o council unless such resolution or order is mcdified, suspended or C8 celled in council, whole or in part by the couilcil or by the Director or bv tl,e Government as the case may he. . , . 1 . ' I .. . . . (2) If in the opinion of the Commissioner, any resolution or order of the council contravenes any provisions of this Act or any other Act or of any rule,notification, by-law. regulations made or issued under this or any other Act or any order passed by the Government or if there is no provision in the budget of the council authorising the doing of any action contemplated in such resolution or orderor itvolves expenditure in excess of the amou'nt provided for in the budget of the council, or if there would be any miscarriage of justice in the implementation of such A resolution or order relating to the municipality, he shall refer within a period of not less than seven days from the date of passing such rehL!,ltion dr order, the matter to the Director for orders and inforr- +he council, of the action taken by him at its next ordinary meeting. The Commissioner shall not give eflect to the resoluti n until the orders of the Director n ~ I I h reference are received. (3) The Director on satisfaction t h ~ t B U C ~ resolution or or~.er of the I c)uncil c0ntraver.e~ all or any of the grounds referred to in sub-section (2), may cancel the resolution or or er : I * P ovided that no resolution or ctrder of the council shall be cancelled by the Direclor unless the council conckrned is given a reasonable opportu~ity to mahe any representation withln the time stipulated by the Director. (4). , Where the ~ ~ r z c t o r is of the opinion that in respect o f any resolution referred30 him under sub-section (2) or involves a matter of g eat p~blic interest o r would adve-sely affect any inte est of the Government, he may for I easons to be recoded in w:iting, -efer the matter to the Government and, the decision of the Government the ein shall be final. 1 . ( 5 ) Wlle e the Collector of the District is satisfied that the execution of n revolution ~assed by the council other than the resolut~cm passed by the oouncil of any municipal corpo ntion or eider of.contin~ ance in foice qf such licence or pel mission issucd by such niuliicipalities other than the municipal cospo ration .b likly..tc) UbuW ~Ifoagcr to I!UIII:UI beings .health 0-[ $get1 (orjs likely to, lead to a slot or tlil litfray, he muy suwend SI ch 1 esolut 01-Qer, tijcence ;tr pel &joq+ irq- r\ r hc case mny be, and report to the Dire:tor wlfd -fray aele hdoa; .aft&? &i,,k fie 5' ---- -- - - _ _ _ __ -- - - - - _ _ _ - _ --------------v--*w-- - 1 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDTNARY 61 -Ym authority or person concerned a leasonable oppo: tunity of being 1 eard either rescind the Collector's order or direct its continuance in force with or without modifications, permanently or for such period, as he deems fit.

Section 42 – The Tamil Nadu Urban Local Bodies Act, 1998 | DailyLaw.ai