{"act":{"id":"arunachal-pradesh-municipal-act-2oo7-act-no-4","short_title":"The Arunachal Pradesh Municipal Act, 2Oo7 (Act No.4 of 2008)","long_title":null,"act_number":"4","act_year":2008,"enact_date":null,"enforcement_date":null,"ministry":null,"department":null,"jurisdiction":"Arunachal Pradesh","unit":"section","section_count":461,"in_force":true,"spent":false,"spent_note":null,"duplicate_of":null,"text_source":"ocr","scan_url":"https://indiacode.ecourtsindia.com/scan/8342ee79-1a06-4377-85ff-be178b2c9d09.pdf","url":"https://indiacode.ecourtsindia.com/arunachal-pradesh-municipal-act-2oo7-act-no-4/"},"unit":"section","section":{"number":"70","heading":null,"text":"(1) If no action has been taken in accordance with the order under section 69 within the period specified therein or if no cause has been shown under the provision to that section or if the cause shown is not to the satisfaction of the State Government, the State Government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed from the Municipal Fund. (2) For the purposes of sub-section (1), it shall be lawful for the State Government to appoint, for such period as the State Government may thinks fit, any person considered suitable by it, who shall exercise and perform, subject to such directions as the State Government may issue from time to time, all or any of the powers and functions of the municipal authorities necessary to implement the order under section 69. 71 (1) If no action has been taken in accordance with the order under section 69 within the period specified therein or if no cause has been shown under the provision to that section or if the cause shown is not to the satisfaction of the State Government, the State Government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed from the N4uniciPal Fund. (2) For the purposes of sub-section (l), it shall be lawful for the State Government to appoint, for such period as the State Government may thinks fit, any person considered suitable by it, who shall exercise and perform, subject to such directions as the State Government may issue from time to time, all or any of the powers and functions of the municipal authorities necessary to implement the order under section 69.(1) Il in the opinion of the State Government, the Municipality has shown its incompetence, or has persistently made default in the performance of the duties, or in the exercise of the functions, imposed on it by or under this Act or any other law for the time being in force or has or abused its powers, or is unable to function under the provisions of this Act, the State Government may, subject to the provisions of subsection (2), by an order published in the Official Gazette, and stating the reasons therefore' declare the Municipality to be incompetent or in default or to have exceeded or abused its powers, as the case may be, and with effect from such date' as may be specified in the order. (2) (a) before making any order under subsection (1), a notice shall be given by the State Government to the Municipality calling upon it to submit representation, if any, against the proposed order within such period as may be specified in the notice. (b) on receipt of such representation, if any, the State Government shall constitute a committee consisting of five persons, nominated by the State Government to require Municipal Authorities to take action. Power of State Government to provide for enforcement of order under section 69. Power of State Government to dissolve Municipality. Government, of whom- (i) one shall be a member of the State Higher Judicial Service who shall be the Chair-Person of the committee, (ii) one shall be the Chief Councillor of any other Municipality of the same class, (iii) one shall be a Chartered Accountant or adperson having experience in financial matters, (iv) one shall be an Engineer or Architect 'and (v) one shall be an officer of the State Government, not below the rank of a Sub-divisional Officer, and shall forward the representation to the committee for its consideration and report within such time as the State Government may specify, (c) the State Government shall, on receipt of the report from the committee, consider the representation: Provided that notwithstanding anything contained in subsection (l), no order of dissolution of the Municipality shall be made without giving the Municipality an opportunity of being heard.","html":"<p>(1) If no action has been taken in accordance with the order under section <a href=\"/arunachal-pradesh-municipal-act-2oo7-act-no-4/section/69/\">69</a> within the period specified therein or if no cause has been shown under the provision to that section or if the cause shown is not to the satisfaction of the State Government, the State Government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed from the Municipal Fund. (2) For the purposes of sub-section (1), it shall be lawful for the State Government to appoint, for such period as the State Government may thinks fit, any person considered suitable by it, who shall exercise and perform, subject to such directions as the State Government may issue from time to time, all or any of the powers and functions of the municipal authorities necessary to implement the order under section <a href=\"/arunachal-pradesh-municipal-act-2oo7-act-no-4/section/69/\">69</a>. 71 (1) If no action has been taken in accordance with the order under section <a href=\"/arunachal-pradesh-municipal-act-2oo7-act-no-4/section/69/\">69</a> within the period specified therein or if no cause has been shown under the provision to that section or if the cause shown is not to the satisfaction of the State Government, the State Government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed from the N4uniciPal Fund. (2) For the purposes of sub-section (l), it shall be lawful for the State Government to appoint, for such period as the State Government may thinks fit, any person considered suitable by it, who shall exercise and perform, subject to such directions as the State Government may issue from time to time, all or any of the powers and functions of the municipal authorities necessary to implement the order under section <a href=\"/arunachal-pradesh-municipal-act-2oo7-act-no-4/section/69/\">69</a>.(1) Il in the opinion of the State Government, the Municipality has shown its incompetence, or has persistently made default in the performance of the duties, or in the exercise of the functions, imposed on it by or under this Act or any other law for the time being in force or has or abused its powers, or is unable to function under the provisions of this Act, the State Government may, subject to the provisions of subsection (2), by an order published in the Official Gazette, and stating the reasons therefore' declare the Municipality to be incompetent or in default or to have exceeded or abused its powers, as the case may be, and with effect from such date' as may be specified in the order. (2) (a) before making any order under subsection (1), a notice shall be given by the State Government to the Municipality calling upon it to submit representation, if any, against the proposed order within such period as may be specified in the notice. (b) on receipt of such representation, if any, the State Government shall constitute a committee consisting of five persons, nominated by the State Government to require Municipal Authorities to take action. Power of State Government to provide for enforcement of order under section <a href=\"/arunachal-pradesh-municipal-act-2oo7-act-no-4/section/69/\">69</a>. Power of State Government to dissolve Municipality. Government, of whom- (i) one shall be a member of the State Higher Judicial Service who shall be the Chair-Person of the committee, (ii) one shall be the Chief Councillor of any other Municipality of the same class, (iii) one shall be a Chartered Accountant or adperson having experience in financial matters, (iv) one shall be an Engineer or Architect 'and (v) one shall be an officer of the State Government, not below the rank of a Sub-divisional Officer, and shall forward the representation to the committee for its consideration and report within such time as the State Government may specify, (c) the State Government shall, on receipt of the report from the committee, consider the representation: Provided that notwithstanding anything contained in subsection (l), no order of dissolution of the Municipality shall be made without giving the Municipality an opportunity of being heard.</p>","words":657,"text_source":"ocr"},"classification":[],"instruments":[],"judgments":[],"corresponds_to":[],"url":"https://indiacode.ecourtsindia.com/arunachal-pradesh-municipal-act-2oo7-act-no-4/section/70/","note":null,"source_note":"Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/8342ee79-1a06-4377-85ff-be178b2c9d09.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/82e28fee-0fa8-4c5c-a43a-af549eccb9a8/content).","judgments_note":"Judgment holdings are the ratio decidendi as extracted from the order by eCourts India, reproduced unaltered. Reported judgments only.","licence":"Published with commentary and other original matter under s.52(1)(q)(ii), Copyright Act 1957."}