Title : THE TRANSPLANTATION OF HUMAN ORGANS ACT, 1994
Year : 1994
The Deputy Commissioner or the Director or any officer so empowered by the Government an this behalf may at any time-
(i) Enter into and inspect, or cause any other person to enter into or inspect-
(a) Any immovable property in the occupation of, or
(b) Any work in progress under, or
(c) Any institution under the control and administration of the Nagar Panchayat, or as the case may be, the Council; and
(ii) Call for inspection of any book or document which may be, for the purpose of this Act, in the possession or under the control of the Nagar Panchayat or, as the case may be, the Council.
(1) The Government, or the Deputy Commissioner may, by order in writing, suspend the execution of any resolution or order of the municipality or prohibit the doing of any act which is about to be done or is being done, in pursuance of, or under this Act, or in pursuance of any sanction or permission granted by the municipality in the exercise of their powers under this Act, if in its or his opinion, the resolution, order or act is contrary to the public interest or is in excess of the resolution or order, or the doing of the act is likely to lead to a serious breach of the peace, or to cause serious injury or annoyance to the public, or to any class or body of persons.
(2) When the Deputy Commissioner makes any order under this section, he shall forthwith forward a copy thereof, with a statement of his reasons for making it, to the Government.
(3) The Government may obtain the views of the Director and thereupon either rescind the order or direct that it continues in force with such modification and for such period as it-may deem fit.
(1) If, in any case of emergency, the Deputy Commissioner upon the recommendation of the concerned technical advisor immediately, available, is of opinion that the immediate execution of any work or the immediate doing of any act which the Nagar Panchayat or the Council, whether at a meeting or otherwise, are empowered to execute or do, is necessary for the health or safety of the public, he may call upon the Nagar Panchayat or the Council to execute the work within such time as he may appoint. If such work is not executed within such period he may appoint some other persons to execute the work or do the act immediately.
(2) The Deputy Commissioner shall forthwith report to the Government every case in which he uses the powers conferred on him under sub-section (1) whereupon the Government may pass such order as it may deem fit.
(3) Where any person is appointed under sub-section (1), the Deputy Commissioner may direct that the expense of performing the duty, executing the work or doing the act, together with reasonable remuneration, if any, to the person so appointed, shall forthwith be paid by the Nagar Panchayat or by the Council.
(4) Where such expense and remuneration are not so paid, the Deputy Commissioner may make an order directing the person having the custody of the balance of the Municipal Fund to pay the expense and remuneration, or so much thereof as is possible from the balance, in priority to any or all other charge, and such person shall make payment accordingly.
If in the opinion of the Government, a Nagar Panchayat or a Council, as the case may be, is not competent to perform or persistently make default in the performance of the obligatory duties imposed upon it by or under this Act or exceed or abuse its power the Government may by notification, stating the reasons for so doing declare such Nagar Panchayat or Council to be incompetent or in default or to have exceeded or abused its power, as the case may be, and dissolve such Nagar Panchayat or Council:
Provided that a Nagar Panchayat or a Council, as the case may be, shall be given a reasonable opportunity of being heard before its dissolution:
Provided further that when a Nagar Panchayat or a Council, as the case may be, is dissolved, the Government may appoint any person or persons to exercise and perform the powers and duties of the Nagar Panchayat or the Council during the period of dissolution until the new Nagar Panchayat or the Council, as the case may be, is constituted:
Provided also that the Government shall, before the expiry of a period of six months from the date of dissolution of the Nagar Panchayat or the Council, cause fresh elections to be held for the constitution of a new Nagar Panchayat or a new Council.
An order of dissolution shall have the following consequences, namely:-
(a) All the Councillors of the Nagar Panchayat or of the Council shall, as from the date of order, vacate their offices as such Councillors;
(b) All the powers and duties which, under the Act may be exercised and performed by the Nagar Panchayat or the Council, whether at a meeting or other-wise, shall, during the period of dissolution, be exercised and performed by such person or persons as the Government may direct;
(c) All property vested in such Nagar Panchayat or the Council shall, during the period of dissolution, vest in the Government.
(1) When a dispute arises between a Nagar Panchayat or a Council or any other local authority on any matter which they are jointly interested, such dispute shall be referred to Government, whose decision shall be final.
(2) The Government may regulate by rules made under this Act the relation to be observed between a Nagar Panchayat or a Council and other local authorities in any matter in which they are jointly interested.
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