Section 35: Powers of the State Government and in case of default of Municipality

Uttar Pradesh Municipalities Act, 1916State Act of Uttar Pradesh · Act 2 of 1916

35. (1) If at any time, upon representation made or otherwise, it appears to the [State Government] that [a Municipality] has made default in performing a duty imposed on it by or under this or any other enactment [or in carrying out any order made or direction issued by the State Government in exercise of any power conferred by this Act or any other enactment] the [State Government] after calling for an explanation from the board and considering any objection by the board to action being taken under this section) by order in writing fix a period for the performance of that duty [or the carrying out of that order or direction.]

(2) If that duty is not performed [or the order or direction is not carried out] with in the period so fixed, the [State Government] as the case may be, may appoint the District Magistrate [or any other officer not below the rank of a Deputy Collector] to perform it and may direct that the expense (if any) of performing the duty [or executing the order or direction] shall be aid within such time as may be fixed, to the District Magistrate by the Municipality.

(3) If the expense is not so paid, the District Magistrate, with the previous sanction of the [State Government] may make an order directing the person having the custody of the municipal fund to pay the expense from such fund.

Where this provision sits

Act	Uttar Pradesh Municipalities Act, 1916
Section	35
Marginal note	Powers of the State Government and in case of default of Municipality
Jurisdiction	State of Uttar Pradesh
Status	In force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

substituted. Subs. by A. O. 1950 for (Provl. Govt.) which had been subs. by the A. O. 1937 for (L.G.).
substituted, U.P. Act No. 12 of 1994. Subs. by sec. 106 (b) of U.P. Act No. 12 of 1994.
substituted, U. P. Act VII of 1953. Subs. by sec. 15 (1) of U. P. Act VII of 1953.
substituted, U.P. Act No. 12 of 1994. Subs. by sec. 106(a) of U.P. Act No. 12 of 1994.
substituted. Subs. by sec. 15 (2) (a) ibid.
inserted, U. P. Act VII of 1949. Ins. by sec. 28 of U. P. Act VII of 1949.
substituted, U. P. Act VII of 1953. Subs. by sec. 15 (2) of U. P. Act VII of 1953.

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