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Section 34: Powers and duties of local authorities

The Chhattisgarh SHOPS and ESTABLISHMENTS ACT, 1958State Act of Chhattisgarh · Act 25 of 1958

(I) Save as otherwise provide d in this Act, it shall be the duty of every local authority who m the Government may by order empower in this behalf to enforce within the area subject to its jurisdiction, the provisions of this Act, subject to the control of the Government .

(2) The local authority empowered under sub -section (1) ma y b y order delegate an y of the powers and functions (other than the powers of making bye - laws under section 35), exercisable or performable b y it under this Act to any of its officers.

(3) An order empowering a local authority under sub - section (1) may at any time cancelled b y the Government.

(4) To enable Government to exercise effective control over a local authority in the performance of the duties entrusted to it under this Act, Government may authorise any officer, not below the rank of a labour officer, to supervise the enforcement of this Act within the area subject to the jurisdiction of the local authority and for this purpose such officer shall have all the power of an Inspector under this chapter.

35 . Power to make bye - law s -- A local authority empowered under section 34 to enforce t he pro visions of this Act ma y, with the previous sanction of the Government, make b ye - laws not inconsistent with the provisions of the Act, or the rules or orders made b y the Government thereunder, for the purpose of carrying out the pro visions of this Act.

36 . Submission of annual report, etc. -- It shall be the duty of ever y local authority empowered under section 34 to submit within three months after the close of the year to the government a report on the working of the Act within the local area under its jurisdiction during such year.

It s hall submit to the Government from time to time such annual or periodical returns as ma y be prescribed.

37 . Delegation -- (1) The Government may, by order, direct that an y power other than the power to make rules under section 59, or any duty which is conferred or imposed on the State Government, b y this Act, shall in such circumstances and under such conditions, if any, as ma y be specified in that direction be exercised or discharged b y an y officer or authority subordinate to it.

(2) Nothing in this Act shall derogate from the right of the Government to exercise any or all the functions delegated to any local Authority or officer subordinate to it.

38 . Power of Government to provide for performance of duties on default by local authority - (1) if and local authority makes default in the performance of any duty imposed by or under this Act, the 25 Government may appoint some person to perform it and may direct that the expense of perform it shall be paid forthwith by the local authority.

(2) If the expense an d remuneration are not so paid , the Government may notwithstanding anything contained in any law relating to t he municipal fund or local fund or any other law for the time being in force, make an order directing the bank in which any moneys of the local authority are deposited or the person in charge o f the local Government Treasury or of any other place of security in which the moneys of the local authority are deposited , to pay such expense and remuneration from such moneys as may be standing to the credit of the local authority in such ban k or may be in the hands of such person or as may from time to time be received from or on behalf of the local authority by way of deposit by such bank or person; and such bank or person s hall be bound to obey such order . Every payment made pursuant to such order shall be sufficient discharge to such bank or person from all liability to the local authority in respect of any s u m or sums so paid by it or him out of the moneys of the local authority so deposited with such bank or person.

39 . Expenses of local authority to be paid out of its fund --Notwithstanding anything contained in any enactment in regard to an y municipal or local fund, all expenses incurred by a municipality or local authority under and f or the purposes of this Act, shall be paid out of the municipal or local fund, as the case may be.

Where this provision sits

ActThe Chhattisgarh SHOPS and ESTABLISHMENTS ACT, 1958
Section34
Marginal notePowers and duties of local authorities
JurisdictionState of Chhattisgarh
StatusIn force as published by the source

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