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Dilip reddy Reddy   01 May 2021

resolution by local municipality

my doubt is that in our municipality they chairman and Counclers passes the resolution to lockdown the municipality area for 1week does it have legal santity will it bind the people to follow any resolution passed by municipality because government had not issued any GO. please exam me about legality of such resolution.


Learning

 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     01 May 2021

State Governments will issue certain instructions to the District Collectors to observe the situation in the District.  For a Municipality, according to circumstances, certain action may be taken.  so to the present situation, such resolution need not be objected to.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     02 May 2021

There is nothing wrong with the Municipality issuing such orders of LockDown. Let us not pick up issues based on nitty-gritty technical points and become a hindrance to the government officials, including the Municipality, in their attempt to stop the spread of the second wave of Carona. Because of the irresponsible behaviour of people in roaming around in groups without even having thought to physical distancing and that too without wearing masks has given rise to the present second wave from which everybody is suffering and dozens are dying. 

 

Let's cooperate with the authorities without raising unnecessary and unwarranted issues just for the heck of it.

 

 

Dilip reddy Reddy   02 May 2021

sir iam not against any resolution. basically iam a law student final year so want to know the legality of subject that the reason iam asking you the query. instead of morally correct or not please explain municipality resolution legality.

munaga rao   02 May 2021

What do you mean by legality? You are a final year student, don’t try to develop negative ideas to serve the society, people of it’s upliftment and their safety. Sri Sivaram Prasad garu gave a fine point of view. 
 

M N Rao, Advocate 

Hyderabad 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     02 May 2021

See Young Man! Law is nothing but refined common sense. When there is a pandemic if Municipality is showing initiative to protect the people and clamps down certain restrictions including lockdown, we should understand the situation and appreciate their stand instead of trying to examine it under an imaginary magnifying glass. Such examination is uncalled for, infructuous, and a waste of your time. Coming back to the point, when there are extraordinary circumstances affecting the entire city/state/country population, extraordinary measures are required and in the interest of the society at large, we need to abide by them, as the ultimate beneficiary is including ourselves.

Dr J C Vashista (Advocate)     02 May 2021

fact posted are vague, which should have been crystal clear if the author claims to be a final year law student.

Municipality has "no" authority to declare lock down, it is the National/ State / District Disaster Management Authority appropriate government under the authority of Disaster Management  Act. 2005

Recheck the facts, if it is not a moot court topic.

T. Kalaiselvan, Advocate (Advocate)     02 May 2021

Municipality has no powers or rights to clamp lock down on its own even by passing a resolution.

The state government can direct the district collector to pass any such order that would be suitable to the prevailing circumstances, the collector in turn has to give directions to the local civic administrations for the steps to be taken in this regard.

 

 

Dilip reddy Reddy   03 May 2021

thanx kalaiselvan ji for your opinion. I'm not against lockdown in municipality. I just want to know that the municipality resolution has weight to implement or not that my concern because in some municipality by resolution they collect more taxex for trucks, containers, etc... and aslo they shift the market area by making such resolution neat to their area to increase their land prizes. so doubt is simple and not against lockdown.. I always support every action which will protect the public in large

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