(1) If the *[State Government] are satisfied, after giving the municipal council an opportunity of explanation and considering any other representations that may be made to them, that a municipal council,-
(a) has failed to take the requisite steps for having a satisfactory town-planning scheme prepared and sanctioned in a case where a town-planning scheme ought to be made, or
(b) has failed to adopt any scheme proposed by owners of any land in a case where the scheme ought to be adopted, or
(c) has unreasonably refused to consent to any modifications or conditions imposed by the *[State Government], the *[State Government] may, as the case may require, order the municipal council to prepare and submit for the approval of the *[State Government] such a town-planning scheme, or to adopt the scheme, or to consent to the modifications or conditions so inserted:
Provided that, where the municipal council has failed to adopt a scheme, the *[State Government] in lieu of making such an order as aforesaid, may approve the proposed scheme, subject to such modifications or conditions, if any, as the *[State Government] think fit, and thereupon the scheme shall have effect as if it had been adopted by the municipal council and sanctioned by the *[State Government].
(2) If the *[State Government] are satisfied after giving the municipal council 71[or the responsible authority as the case may be] an opportunity of explanation, that a municipal council 71[or a responsible authority] has failed to
71. Inserted by Madras Act II of 1930.
Power of control of State Government.
32 [Act No.VII of 1920] enforce effectively the observance of a scheme which has been finally sanctioned, or any provisions thereof, or to execute any works which under the scheme or this Act the council 72[or the responsible authority] is required to execute, the *[State Government] may order the council 72[or the responsible authority] to do all things necessary for enforcing the observance of the scheme or any provisions thereof effectively or for executing any works which, under the scheme or this Act, the council 72[or the responsible authority] is required to execute.
(3) For the purposes of this section the *[State Government] shall have the same powers of calling for records, of causing inspection to be made, and of enforcing their orders or appointing persons to enforce them as they have 73[under sections 64 and 67 of the 74Telangana Municipalities Act, 1965.]
43. For the purpose of the making or execution of any town-planning scheme, the municipal authorities 72[or the responsible authority] or persons appointed by the *[State Government] under section 42, sub-section (3), their subordinates and contractors shall have the same power to enter upon, survey and set up marks on property and to do all acts necessary for such purposes, subject to the same conditions and restrictions, as they have for other municipal purposes 75[under Part VII of the 74Telangana Municipalities Act, 1965,] and persons interfering with the exercise of such powers by the municipal authorities 72[or the responsible authority] or persons appointed by the *[State Government],
72. Inserted by Madras Act II of 1930.
73. Substituted by Act No.24 of 1981.
74. Adapted by G.O.Ms.No.142, Municipal Administration & Urban Development (A2) Department, dated 29.10.2015.
75. The words “under Part VII of the Andhra Pradesh Municipalities Act, 1965” were substituted by Act No.24 of 1981.
Power of entry, etc.
Act 6 of 1965.
Act 6 of 1965.
[Act No.VII of 1920] 33 their officers, servants, or contractors, shall be liable to the same penalties.