State Act
Section 181-A
63[Art. 181-A.— (1) Notwithstanding anything contained in this code, in the event a Comunidade is unable to hold election of the members of managing committee within the time limit specified in article 47 due to non-constitution and non-deliberation of the Comunidade as per the provisions of article 34, the administrator shall after holding such inquiry as he deems fit declare such Comunidade as ‘comunidade in default’ by issuing an order upon expiry of 60 days from the date of such time limit as specified in article 47. (2) The Order issued under clause (1) shall be intimated to the concerned Comunidade and also be published immediately in the Official Gazette within 15 days of its issuance and Administrator shall immediately submit a copy of the Order to the Government. Cost of publication in the Official Gazette shall be paid out of funds of concerned Comunidade. (3) If any component of such Comunidade is aggrieved by such order then he may file an appeal to the Government within 30 days from the date of publication of such order in the Official Gazette. (4) The Government shall, after hearing appellant and the administrator, decide the appeal as expeditiously as possible and within 60 days from the date of presentation of such appeal and the decision of the Government thereon shall be final. (5) Upon issuance of the Order of the administrator under clause (1), and subject to decision of the Government under clause (4) in appeal, if any, the Government shall appoint an officer of the rank of Mamlatdar/ /Jt. Mamlatdar to be a custodian for the concerned Comunidade for the respective triennium. (6) The custodian appointed under clause (5) shall exercise all powers and discharge all functions and duties of the managing committee of such Comunidade under the Code. (7) Against any decision of the custodian appointed under clause (5), a component of such Comunidade may prefer an appeal to the respective administrator as if such decision is of a managing committee and all the provisions as applicable to such appeals shall apply to appeals under this clause. (8) Any decision relating to any matter which need to be brought before the Government for prior approval in terms of article 31, shall be applicable to every such decision of the custodian. (9) Notwithstanding anything contained in this Code, the Government shall have power to, either suo moto or otherwise, review a decision of the custodian, or the decision of the administrator in appeal against a decision of the custodian under clause (7): Provided that if the Government exercises such suo moto power, the administrator shall not consider any issue arising out of such decision of the Custodian which the Government, is seized of or has decided: