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ORISSA ACT 5 OF 1990
*THE ORISSA MUNICIPAL (AMENDMENT) ACT, 1990
(Received the assent of the Governor on the 18th April 1990, first published in an
extraordinary issue of the Orissa Gazette, dated the 20th April 1990)

AN ACT FURTER TO AMEND THE ORISSA MUNICIPAL ACT, 1950, IN ORDER TO


PROVIDE FOR THE DIRECT ELECTION OF THE CHAIRMAN OF MUNICIPAL
COUNCILS OF THE STATE

BE it enacted by the Legislature of the State of Orissa in the Forty-first Year of the
Republic of India, as follows:-
Short title and
commencement. 1. (1) This Act may be called the Orissa Municipal (Amendment) Act, 1990.

(2) It shall come into force on the date of its publication in the official Gazette.
Amendment
of section 8. 2. In the Orissa Municipal Act, 1950 (hereinafter referred to as the principal Orissa Act 23
Act), in section 8, for the words such number of elected, the words a Chairman and such of 1950.
number shall be substituted.
Amendment of
section 10. 3. In section 10 of the principal Act, for the words All the Councillors the
words The Chairman and all the Councillors shall be substituted.

Amendment of 4. In section 12 of the principal Act,-


section 12.
(a) in sub-section (1), for the word Councillors wherever it occurs, the
words the Chairman and the Councillors shall be substituted;

(b) after sub-section(4), the following sub-section shall be inserted,


namely:-

(4-a) All the electors of a Municipality, irrespective of their community, shall


be entitled to vote at an election in respect of the Chairman of that
Municipality..
Amendmen
t of section 5. Section 14 of the principal Act shall be re-numbered as sub-section (2) thereof
14. and before sub-section (2) as so re-numbered, the following sub-section shall be inserted.
namely:-

(1) No person who is not for the time being in the electoral roll of a
Municipality shall be entitled to vote at an election for the office of the
Chairman of that Municipality..

* For the Bill, see Orissa Gazette, Extraordinary dated the 22nd March 1990 (No. 329)
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Amendment of
section 16. 6. In section 16 of the principal Act,-

(a) in sub-section (1), for the words as a Councillor of Municipal


Council the words as the Chairman or a Councillor of a Municipal
Council shall be substituted;
.
(b) In sub-section (2),-

(i) before the words a Councillor, the words a Chairman or shall


be inserted;

(ii) for the words his councillorship, the words and commas his
Chairmanship or councillorship, as the case may be, shall be
substituted.

Amendment of 7. In section 17 of the principal Act,-


section 17.
(a) in the marginal heading, before the word councilor, the words
Chairman- and shall be inserted;

(b) in the opening portion, after the word and figure section 38, the
words a Chairman or shall be inserted;

(c) in the opening portion of clause(i), before the words absents himself,
the words and comma in the case of a councilor, shall be inserted.
Amendment
of section 18.
8. In section 18 of the principal Act, in the opening portion of sub-section (1) and
of sub-section (2), before the words as a councilor, the words as a Chairman or shall be
inserted.
Amendment
of section 27. 9. In section 27 of the principal Act, before the words a councilor, the words a
Chairman or shall be inserted.

Amendment
of section29. 10. In section 29 of the principal Act, before the words councilor, the words
the Chairman or a shall be inserted.

Amendme
nt of 11. In section 37 of the principal Act, before the word councilor wherever it
section 37. occurs, except for the fourth time, the words Chairman or shall be inserted.

Amendment
of section 38. 12. In section 38 of the principal Act, before the word councilor wherever it
occurs, except for the fourth time, the words Chairman or shall be inserted.
Amendmen
t of section 13. In section 38-A of the principal Act, before the word councilor wherever it
38-A. occurs, the words Chairman or shall be inserted.
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Amendment of
section 41. 14. In section 41 of the principal Act,-

(a) in the marginal heading, before the word councillors , the words
Chairman and shall be inserted;

(b) in sub-section (1), (2) and (3), before the word councillors wherever
it occurs, the words Chairman or shall be inserted;

(c) in section (4), before the word councillors wherever it occurs, the
words Chairman or shall be inserted; and

(d) in sub-section (4), before the word councillors wherever it occurs,


the words Chairman or shall be inserted; and
Amendment
of Section 43. 15. In section 43 of the principal Act , the words not being a Chairman shall be
omitted.

Substitution 16. For section 47 of the Principal Act including its marginal heading, the
of section 47. following sections shall be substituted, namely:-

Election of 47. Every Municipal Council shall have a Chairman who shall be elected at the
Chairman. general election under section 12 by the electors of the Municipality.

Election of 47-A. (1) Every Municipal Council shall have a Vice-Chairman who shall be elected
Vice- by the Councillors from among themselves at the first meetings of the Municipal Council
Chairman.
convened at the Instance of the District Magistrate.

(2) The meeting referred to in sub-section (1) shall be held within thirty days
from the date of publication of the names of the Chairman and the Councillors under section
39 and shall be presided over by the Chairman or in his absence by an officer, Magistrate in
that behalf..
Substitut-
ion of
17. For section 48 of the principal Act, the following section shall be substituted,
section 48. namely:-

48. (1) The Chairman of a Municipal Council shall be deemed to have vacated his
office on his election as Chairman or Vice-Chairman of any other Municipal Council.

(2) The Vice-Chairman of a Municipal Council shall be deemed to have vacated


his office-

(a) on the expiry of his term of office as, or on his otherwise ceasing to be
a Councillor of that Municipal Council; or

(b) on his election as Chairman or Vice-Chairman of any other Municipal


Council..
Substitut-ion
of section 49 18. For section 49 of the principal Act, the following section shall be substituted,
namely:-
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Filling up casual
vacancies. 49. On a vacancy occurring in the officer of the Chairman or Vice-Chairman by
reason of death, resignation, removal or otherwise, it shall be filled up by
election as soon as may be after the occurrence of the vacancy in the
prescribed manner:

Provided that a vacancy occurring within six months prior to the date on which the
term of office of the Councillors would expire, shall be filled up by the State Government by
nominating a person who is otherwise eligible to hold such office.
Failure of
election of 49-A. If at an election no Chairman or Vice-Chairman, as the case may be is
Chairman or elected , a fresh election shall be held for the purposes; and if at such fresh election no person
Vice- is elected, the State Government shall nominate a person, who is otherwise eligible to hold
Chairman. the office, and the person so nominated shall, subject to the other provisions of this Act, hold
office till expiry of five years from the date of polling at the general election..

Omission of 19. Section 50 of the principal Act shall be omitted.


Section 50.

Amendment of
Section 52. 20. In section 52 of the principal Act,-

(a) in sub-section (2), for the words Municipal Council, the words State
Government shall be substituted; and

(b) in sub-section (4), for the words Municipal Council, the words State
Government or the Municipal Council, as the case may be shall be
substituted.

Amendment 21. In the proviso to section 54 of the principal Act, for the word appointment,
of Section 52. the word nomination shall be substituted.

Repeal and
transitory 22. (1) The amendments made by this Act shall not apply to any Municipal
provisions. Council holding office immediately prior to the date of its commencement.

(2) The rules relating to the election of Chairman framed under the
principal Act shall cease to apply to an election of Chairman under the principal Act as
amended by this Act, and until fresh rules are framed in that behalf, the rules framed under
the principal Act in respect of election of Councillors shall, as far as may be and subject to
such modifications as the State Government may, by order, make therein, apply to the
election of Chairman held under the principal Act so amended:

Provided that no such modification shall remain in force after the expiry of
one year from the date of commencement of his Act.
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3
ORTSSA ACT 2 OF 1992
THE ORISSA MUNICIPAL (AMENDMEKT) ACT, 1991

TABLE OF CONTENTS

Short titIc and commencement


Amendment of section 4
Arnendmcnt of sectPbn 8
Amendment of section 10
Amendment of section 11
Insertion of nclv section 11-A
Amendment of section 12
Amendment of scction 16
Amendment of section 54
Insertion of new section 77-A
Amendment of section 101
Ameadment of section 117
Repeal and savinga
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ORESA ACT 2 OF l
k
WlE 0- MUNICIPAL ( A m - ACT, 1991
[Received the assent 01the Governor on Ihe 2Isr ~ b a r y1992,jirst publkhed in m
atraordimy isslce ofthe Oriasa Ggzatte, dafed the 2Ist Jawy.1992]

AN Acr FUR= TO -D m ONSW M ~ I C I P A LACT, 1950

B B it en-
Year of tho Republic of India as follows : -
by Lhs Legislature olthe State of'Odsra in tho Forty-second

Short IWO 1. ( I ) This Act m a y k called the Orinsa Maoicipat (Amendment) Act. 1991.
and
Coyuce (2) It shall be deemed to have come into force on the 22nd day of November,
merit. - 1991.

-bnt 2. In section 4 of the Orispa Municipal Act,-1950 (bereinafter referred to as the Orissa Acr,
of principal Act], in clause (a) of subsection (I), for the words ''ten thousand", the 23 of 1450.
f i ~ t i o 4.
n words " ~ W ~ ~ ~ Y rhousand"
-SVB shall be substituted.
Amendmnt 3. .In section 8 of the principal Act, ill sub-section (11, for the words "not being
of morc than thirty", the words "not being more than.fortyVshall be substituted.
seclio~8.
, ~ . ~4. TO~scction
~ 10 h ~p~incipd
of -the ~ ~ Act, the fal10,wing proviso shalI bc added,
or namely :-
SCCL~DTI 10.
''Provided themhere such dection i~ conlcsted on politiml party basis, the
candidates contesting such election ehaIl me their reapective party nymbols. .
Explanation-Pot the pcrpow of this scciiog-
(a) "candidates" mean8 mndidates duly sponso~ad'by respective politjc:11
parti s ;
(8) ''paty symbol" means the symbol 'aUotted to a parlicular political party
mdar the Elections Symbols (Resavation,'and.Allobnent) Order, 1968; aod
(c) "political party" means a 'Nario~al Party' or, as the' case mybe, a
'State Partj' within the mcaflin3 of paragraph ? of the Order rcfcrred to
in clause (b).".

*Pot the Bill. see 0rc1~1~ o z f t emtmordimb,


, dated the 16th Decernbcr I591 (No. 1512)
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~msndment 5. For section 11 of tho principal Act, the following section shall be- subsdtuted,
of namely:-
d i s n 11.
"11. (13-Therc shall be reserved, by the State Government, seats in every
Municipal Council for the SchcduIed Tribes and the Scheduled Castes and the,,
number of seats to be so reser~edshaIl bear, as nearlv as may be. the same propor-
tiou to t b ~ o t a number
l of seats to be filled up by election in- that Council as the'
population of the Scheduled Trihs and the Scheduled Castes in the Municipal Area
bears to the total population of that area :

Provided that where the population of the Scheduled Tribes or, as the case may
be, tbe Scbeduled Castes ia a Municipal Area i s not suficient for reservation nf any
seat. onc seat shall h-reserved either for the Schednttd Tribes or for thc Scbeduled
Castes, wllose population is higher in the area.

'(2) The seat or seats reseved under sub-section {I) shall be assigned to the ward
or wards, as lhe case may be, 1n order of the numerial strength of the population in
different wards of tbe members of Scheduled Tribes or the Scheduled Castes, as the
ease may be, for whom such resomation has been made.
I

(3) ( i ) Where the number of seats reserved-under sub-section (1) is more than
one, as nearly as may be, one-third of the total number of such seats shall be reserved
for the women belonging to the Scheduled Tribes or the Scbeduled Castes or both,
as the case may be, in order of their numerical strength in different wards :

Provided that where only two seals are reserved for the ScheduIcd Tribe or the
Schedulsd Casts-or for both, one of the two -.seats shall be reserved for women
b e l o n a g to the Scheduled Tribes or, riu the case may be, tha Scheduled Castes in
respect of the wwd in which the number of women belqngiag to such T r i b or Casres
as the case may be, is higher.

fbr women belongiug to tb


(ii) Where-a particular ward qualifies foi~reservatton'
Scheduled Tribes or the Scheduled Cutes under clausrl (i) ,and no such candidate
comes forward to contest the eIectio n, the Sate Government shall- nominate a woman
belonging to the Scheduled Tribes or as tbe case may be, the Scheduled Castes of
that ward, for whom such reservation has been made;as the Councillor for that
ward.".

l a r c r t i ~of 6. I n Chapter II of the principal Act, alter &on If, the following section shall
new tectlon be i~serted,namely :-
11-A.
"R-oa 11-A.(1) As nearly as may be, one-third (includink the number of seats reserved
of ash for under section 1 1 for womcn belonging to the Scheduled Tribes and Scheduled Castes)
ofthe total number of seats to be 6Ued up by .election in every Municipal Council
'J shall be reserved for women.

(2)The seats reserved under ~ u b - s d o n(1) shall be assigned t s the wards, other
than th&e reserved under =tion 11, in order of tbe numericnl strength of the
population of womcn in different wards.

(3) Where no women mndidete wmes forward to contest the elation in


relation to any paificular ward mewed for women, the State Government shall
nomin'ata s woman belonging to I b l W d as the Councillor for the ward.".

A mtndment 7. rn section 12 d the principai Aot, in ciause ( b ) of subsection (23, for the
of word and figtrm dmsection11", the words, -S and letter *'~ctiona11 and 11-A"
12, shaN be 8mlhkd.

~mtndr 8. En &n 16 d the p a p i Ad. in a ~ b - a d o n(1). aft& cleuee (i), the


or following clawt shaU be inserbd, namdg :-
mica 16.
'%i) ie less am twmtpfifive of a@;-&.
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9, In section 54 of the principa1 ~ c t ,for rhe proviso to sub-section (I).rl~e


~madmnt
oi 54 following proviso shall be substituted, namely : -
"Provided &at no such resolution recording want ofconfidence in tbe Chairman-
(i) shall be moved more than once during the tcnure of a particular
Chairman; and
(ii) shall be passed witbin two years from the date of his clection or nomiuation
as the .case may be.".
I d o n or 10. ARcr sect'ion 77 of tho principal Act, the following section shall be inserted,
flew y im namely :-
774.
774. Tbo procedure laid down in the Orissa Civil Services [Classification,
~ o o t ~ b !Appcal)
~d Roles. 1962, in so far as they ark not inconsistent with this Act,
dbiplioar~ sbd1 mutaris nrurmdis apply to the officer4 and servants of every Municipal Council
sctlons. on whom the Chairman of the Municipal Council is empowered under section 76 to
imposc punishme~la'~.
Amendment 11. Section 101 of the principal ACC shall be renumbered as sub-section.(I) thereof,
of
s t i o n 101.
and-
( i ) in sub-section ( I ) as so renumbered, the words "The Executive Officer" shall
omitted; and
(ii) after s u h t i o n (1) as so renumbered, the foIlowing subsections shall be
- inserled,nameIy:-
"(2)It sbalI be the duty of the Executive Officer to attend all the
meetings of the Municipal Council and to take part in the discussioris at
such meetings, but he shall not vote upon, or propose, a resr>!utionat any
such meeting. .
(3) In the case of a meeting of any Committee of the Municipal
Council, the Executive Officer may, with the permission of the Chairman
or by virtue of a rmolution passed in that behalf at a meeting of such
Committee, make a statement in rcgard to a subject under discussion but
shall not vote upon, or.popose,a resoIution at such mectiog.".

AwPdment 12. TO aeclion 117 of the principal Act, in sub-section [I). in the proviso to
or clause (XI). for the words "five hundred rup-es", the words "five thousand rupees"
stction 117. &all bc substituted.
L
~tptal'kd 13. ( 1 ) The Orissa Municipal (Amendment) Ordinance, 1991 is hereby repealed. oda
savings. - Ordinance
(2) Notsilbstaading such repeal, anything done or any action tnken under ""'
the principal Act as amended by the said Ordinancc shall be deemed to have been
done or taken under tbe principal Act as amended by this Act.
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6:;
ORISSA ACT 13 OF 1992

THE O R I S S h XlUNICIPAL (AMENDMENT) ACT, 1992


TABLE OF CONTENTS
PREA~IIILE
SECTIONS
1. Short titlc and comruenc~mcnt

2. Amendment of section 39
3, Amcndmcnt of section '40
4. Amendment of section 43
5. Amendment of section 47-A
6. Amendment of section 48
7. Amendment of scction 49

8. Amendment of section 57 -

9. Insertion of new section 57-A


10. Amendment of section 59
1I . Amendment of ssclion 63
12. Amendment of section 64
13. Ameodmtnt of scction 65
14. Amendment of section 68
15. Amendment of section 70
16. Amendment of section 71
17. Amendmant of section 72
18. Amendmant of section 88
19. Amendment of section 89

20. Amendment of section 90


21. Amendment of scction 81
22. Amendment Of scotion 93
23. Amendment of section 117
24.. Amendment of section 363
25. Amendment of Chapter XXVI
26. Amendment of section 384
27. Amendment of section 387
28. Amendment of section 401
29. Amcndment of section 402
30. Amendn~entof aecrion 4-33
1 Rcneal and Savings
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ORISSA ACT 23 OF 1992

*mORISSA MUNICIPAL (AMENDMENT) ACT, 1992


[Recei~ledthe crsserzt of the Gover~loron the 12th Augirsr 1992, first
plrblislred iri an extraoidinary i ~ s u eof rile Orissa Gazette,
rlcried the 14th Auguxt 19921

TO AMEND
AN Acr FURTHER THEOR~SSA
MUNICIPALACT, 1950.

B E it coacted by the Legislature of the State of Orissa in the


Forty-third Year of the Republic of India as foltows :-
SIIOII title I . (1) This Act may be called the Orissa Municipal (Amendment)
and
commence- Act, 1992.
rncnl.
(2) It shall be deemed to have come -into force 'on tlie
27th day of April, 1992.
Ameodrncnl
2. the Orissa Municipal Act, 1950 (hereinafter referred to as orlrm A C ~
or m t i ~ n the principal Act), in section 39, for the yords "and Vice-chairman", 23 or IPSO.
39. the comma and tha words ",Vice-chairman -and Additional Vice-
Chairman3'shall be s~ bst ituted.
5' Amcndmcnt 3. In the principal Act, in the provisos #to section 40, for the
of secliwn
40. words "and the Vice-chairman", the comma and the words ",the
Vice-chairman and the Additional Vice-Chairman" shall be
f3
substituted.
4. 1; the princi~al Act, for section 43 including its marginal
Amen~mcnt
01.
sccrion 43-
heading, the following section shall be substituted, namely 1 -
43-A. councillor or the Vim-Cbairman or Additional Vice-
"Resignation Chairman may resign his office by writing under his hand
or Vicc.
Chirman, addressed to the Chairman who shall place the letter of resig-
Addilional
Vice-Cha~r-
nation before the Council a t Its next meeting of which notice
man and Shall be given to tbe Councillor, Vice-Chairman or Additional
'

CouneiHor. vicc-Chsi.mac, E S the c2.e magbe, z n d , c ~ l t h e resignation

For the Bitl, 5e-c Orisso Gazette, Extraordinary, datcd the 10th July 1992 ~ 0 . 9 ~ 8 )
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being accepted by. the Council, the Council!or, 'the Vice-Chair-


man or the Additional Vim-Chairman, as the case may be,
shall cease to hold office with effect from the daie succeeding
the date of such acceptance:
~rbvided that -the Councillor, Vice-Chairman or Addi tio :la1
Vice-Chairman, as the case may be, at any time before the
acceptance of the resignatioq withdraw the same by writing
under his hand.".
Ameadrnont' 5. To .the principal Act, for. section 47-A inoludingits marginill
'

heading but exclhding &ub:section(2) thereof, the hllowing s h ~ l lbe


474.
substituted, namely : -
"emon
VlceChair- 47-A. ( I ) Every ~unicipalCouhcil shall have a Vice-chairman and
-and an Additional ViwChairman who shall be elected by the
M d i l i ~ ~ councillor^
l from among themselves at the first meeting
m. of the Municipal Council convened at the instance of the
District Mzgistrate; and the Rules for the Election of Vice-
Chairman of Municipalities shall mutatis mutandis apply
to the election of Additional Vice-Chairman :
Provided -%at where the Vice-Chairman elected under this
section or nominated under section 49-A in reIation to a Munici-.
pal Council is not a woman, the offica of the Additiondl Vice-
Chairman of the. Municipal Council shall be deemed ttr have
been reserved for women:
Provided further that, in a H cases where the first meeting of' a
Municipal, Council has alre.ldy been convened for the
purpose of election of the Vice-Chairman of the Municipal
Council, the election to the oEcu of the Additional Vice-Chair-
man thereof shall be held in its subsequent meeting converled
a t the instance of the District Magistrate, as soon as may be,
after the commencement of the Orissa Municipal (Amendment)
.

Act, 1992.".
Amtodmeni
ofacciion 6. In the principal Act, in section 48, after sub-section (21, the
a. following sub-section shal) be inserted, namely: :-
"(3) The Addi t i o ~ a Vice-Chairman
l of a Municipal Council
shall be deemed to have vacated his/her office- '

(a) on the expiry of the term of office as, or on otherwise


ceasing lo be, a Councillor of that Municipal Council; or
(bl on hisiher election as Chairman, Vice-chairman or
Additional Vice-Chairman of any other Municipal
CounciI.".
Amoodmcnt
o r r ~ ~ i ~ 4 7.
~ , In the principal Act, in section 49,-

( i ) for the words "or Vice-chairman", rhe comma and words


",Vice-Chairman or Additional Vice-Chairman" shaH be
substitut,ed;and
(ii) after the proviso, the following proviso shall be inserted,
namely :-
"Provided further that where a vacancy occurs in the
oh= of the Vice-chairman which was held by a woman, such
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-,
- . -
71. -<.
. .
...
--- -..
vacancy shall be filled up by a woman, unless. -the ~dditional
Vice-Chairman of the Council continuing in the office zis such
is a woman,'' .. .. %

Ameadrnent 8. In the principal Act, in clause (a) of section 57, after the .words
of s t c i i ~ n
51. "Vice-Chairman", the words and comma "Additional V~ce-Chairman,"
shall be inserted
Insertion-of
new e l l o n 9. In Chapter-V of the principal Act, after secdon 57, the
47-A. fallowing section shall be inserted, namely . :-

0,
*mAppjicatioe
or Chaplet v 57-A. S_ave as otherwise provided in this7Act, the provisiods of
.ta Ad& . this Chapter as applicable to the VicaChairman of a . ~ u a i c i p a l
-Chairman. Cou~cilshall mufntis.mulandis apply to the Additional Vice-Chair-
man ,of a Municipal Council.''.
I:

Amendment 10. In the principal Act, in the secpnd proviso to sub-section


.or section (I) of section 59, after the words "the 'EriE~-Chairrnan'~
the w o ~ d s
59.
"or the Additional Vice-chairman" shall be inserted.

Amendment
11. In tbe principal Act, in section 63, the words h d comma
or seftion ''or in tbeir absence, by the Additional Vice-Chairman'' shall be
63.
I ( added at the end.
Amendment
of ssuon 12. In the principal Act, in section 64,-
64- +'
(a) in sub-section (I), after the word 'CVice-Chairman'y,'tbe
words ''or in their absence, the Additional Vice-Chaifman"
shall.be inserted; and
(bj in sub-section {2), after the word "Vice-Chairman9', the
words "or the Additional Vice-Chairmad'' shall be
inserted.

~manlmat
of section
13. In the principal Act, in section 65, for the words. "the
6s. Vice-chairman or in the absence of both Chairman and V i c e
Chairman9', the commas a d wo tds ",the Vice-Chairman . or in his
absence the Additional Vice-Chairman or in the absence of the
'

C hair~nan, Vice-C hairn- an and the Additional Vice-Cbajrman" shall


be substituted.
b
Amendment 14. ID the principal Act, i n srction afkr 68, the word "Vice-
3
oi
68.
34i0nChairman", wherever they occur, the comma and words ",Additional
ViceCbairman'' shall be inserted.
Amendment 15, In the principal Act, in section 70, after the word "Vice-
of seclion
70. Chairman", the, words "or Addit~onal Vice-Chairmanft shall b:0
inserted.

Amendment
of ~ c l i o n
16.h the principal Act, in section 71, In t h e p r o v i s ~ t o s u b -
71. section (3), after the word "Vice-Chairman", the comma and words
",Additional Vice-chairman'' shall be inserted,

hmcndma~ 17. In the principal Acr, in clause (e) of section 72, after the
of seclion
-72. word C'V~ce-Chairman", the wmds "or Additional ViecChsirman"
shall be inserted.
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nwrdw~t 18. Tka the pdrcipni Act,' Zo seztion 88, after the woid ''Vice-
uf -in3 Ch&mafiv',the words '"T ia tGcii- ~ ~ S ~ G of , ,4ddifional Vice-
C Fthe
'8.
Closirmm" s&Ii bz ins= ted

$9 .-
f!).h~I& dpening gorPio2, for $he words 4bA~Ji~e-Chairf118r~'',
$he words "The Piice-Chairmen orD in -his absence, the
AddItioad 'Vice-Chairman" stin11 bs su$stltuted;
(ii?'iatbe .firs'; provisq, after the ,,word "Viw-Chairman", the
wardB *'or,as the 'may- be, the Additional Yice-
Ch;&rna~'~ shall be added; and
(5i)En the second proviso, a f t e r the niord "Vice-Cha,irmanl',
the words "or, as the case may be, the Additional' Vice-
Ckirman" shall be inserted,
~rnendmcnl 2@.Tn &s principal Act, i , ssction
~ 90,-
of section
90.
( i ) in the opening portioo,
afier the word "Vice-Chairman"?
the words' "or the Additional Via-Chairman or both"
shall bc inserted; and
(ii) Iq the second proviso, afier t h word
~ r6Yice-Chairman",the
m o d s "'or the Additional Vice-Chairman" shall be inserted.
21. In. the prindpai ActB section 31 shall bo renumbered a9
snbaection (1.)'tbsreof, 8nB
(0in subsectios (1) as so reymbered, for the words ''to any
, words "10 ?he Additional Vim-Chairman"
M e ~ i b e f ' ~the
shall be substituted, .

(ii) after subsection (1) as so renumbered, and More the


~ ~ Q Y ~ E O the
B, FoISowing sub-section shdl'be inserted,
namely :-
'"2) Duping tha vacancy in the offiffiae of the Additional
VieChaiman or. in capacity or temporary absence of the
Additjocal Vice-Chairman, the Chairman may, by order in
writing,.delegate any of ,hisfunctions to the VjceChairmaa,
and in the abmace o f Vice-Chairman, to any Member of
the Muloici pal C o w i l tiU the Additional Vice-Chairman
resurpes ohice or a new Additional Vice-Chaimau is
elected, as the case may be,",
.22. In tho ,principal P-ct, in-tbe proviso to section 9'3, after the
words " the Vice-Chairman'', the words "br the Additional Vice-
Cbsirman" shall be inserted,
23. ln the principal Act, in clause (xxxix) of sub-section ( I ) of
section 1i7, after the word "Vice-Chairman", the words and comma
"Additional Vice-Chairman,'' shall be inserted.
24. I n the principal Act, in subsection ( 3 ) of sectian.-363,.Tor
the words "by a membei. of the Finance Committee" ,tPhe. words "by
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thg RQfition31 Vide-W j ~ j m


- ;~, n ~5@3 *b,33 m@,@brn
- of %ha Finance Cornrnittq~~~~ s h d he sr~bsthted.

( i ) after the word m a &mma 'Via-Cbim~n,P'wbsrevar they


occur, the words and c o m a ""Additional.ViC;e-@hairman,"
shall be inserid.

0 Amrnamant
26. In the principal Act, in section 384, aftw the word ""'6rit.e-
they mcur, tho words 6 L ~ rAdditional
!s& ihaH be insert~d.

2-7'.In the principal A d Din sub-sation (2) of seceioo' 387,-

(a) in clause-(ii),after the word 'W&-flhairm&YP, $he comma


and words ",Additional V i c d b a i m a n " shall be inserted:
(b) for clause (xxvl, the fdowing clause shall be slibstituted,
mmely :, -
"'prescribing the conditions on which a house'and lmd
may be ac~uiredor on which .land may be acquired and
a house constructed by the municipal council for the
residence of an officer or & servant of the municipal
council and i# Chairman, ,Vice-Chaiiman and 'Additional
VieChairman and terms ,on which such officer,
Chairman, Vice-Chairman or Additional Vice-Chairman
may ,be required to W u p y the same;".

28. In the pzincipa1 Act, in sectioil 401, in sub-section (3,


.for
%he w ~ r d s "'and I7ice-Chairman'', the comma andbords " V i k -
C h d a n and Additional Vice-Chairman3'-,shall be subsoituted.

29, In the principal Act, in sub-section ( 3 ) of section. 492, fop


the words '"d Vice-Chairman", the comma and words '",Vice-
chaimrn and Additional Vice-Chairman'' shall be substituted.

~me~dmenz 3.In the principal hPc$ in section 423, in sub-section (4),-


of aeL:tlon
623.
(01 after the word "Vice-Chaitman" occurring for tine fin[
time, the words "and the Additloilal Vi'w Chairmanw
s h d be inserted; and

(b) after the word "Vice-Ch~irman"occurring fotLthe geco nd


time, the word! "or lb Additional ajricgCh&&~ s:r;;ii
be inserted.
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Rcpcal and
savings.
31. ( I ) The Orissa Municipal (Amendment) ~rd&ance, 19& is -.
;
hereby repea1ed.C or ~992.

(2) Notwithstanding 8uch repeal, anything done or any


action taken -under the principal Act .as amended by the said
Ordinance shall be deemed - to have been done-r taken under the
principal Act as amended by this Act.
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0-A ACT 11 OE 19%


, ,

TEE 0 STSSA MUNICIPAL (AMENDMEN F) ACT*' 1994


TABLE QF CONTENTS
PRJ~~LE
SECTIONS , ,

1. Short titlc and comrnancemont


2. Amendment of section 1
3. Amendment of section 3
4. Amendolent ofsections ,4,5 & 6
5. Arne ndment or section 7

6. Amendment of section 8 .

- 7. Amendment of section 9
8. Amendment of section 10 - .
, .
' 9. Amendment of section li '

.lo. Omision of section 1[-A


11. Arneqdment ofsection 12
12. Am?nd,ment of sxtion 14
Amendment of section 16
Amendment of section (7
.
.,
.
Amendment of soction 18 '

Amendment of section 27
Amendment of section 29
Amendment of sections 37, 38 & 38-A.
Amendment of section 39

.. .
A-mcndmeat of section 41
A,mendmcnt of section 42
. . '

Insartion of new. section 44


Amendment of .section 45
Amendment of section 46
Amendment of sections 47 and 47- 4
Amendment of section 48
Amendment of smtion 49
Amendment of section 49-k
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31.. Amendment of section 52 . -. . . , ,

32. Amandment of section 54 . - . -

33. Amendment ofsection 57


. c
' I -,
31. Omision of section 57-A
t
35. Amendment of section 59
36: Insartion of now-ChapterV-A.
I
'37. Insertit n of new Cbapter-VE-A.
38. Amendment of seetion 63
39. Amendment of section' 64
40. Amwdmont of section 65
41. Amendment of section 68
42: Amendment of sections 70 and 7 1
43. Amendment of sxtion 72 . -.

44, Amendment of smtioa~88


45. Amendment of section 89 '

Amendmait of section 90
Amendment of section 91
M n d m e n t of section.93
Irisortion of new.section 103-A
Amendmen! of section 1 17
Insertion of new section 120-A
Amendment *f section 131' '

Ame+dmant of section 131-h


Amendment d seet ion 144
Insertion of new section 274-14
Ammdment of section 363
Xnsertibn of new chapter .XXV-.4
df
Amendment chapter 3XYI

: Aqoadment of section 387


Amendment of section 598
Amendment of sktion 400
Amendment of.section 401
Omission of section 402
h e n d m e n t OF section 403
omission of Chapter XXX-A
Amendment of scction ,423
General Amendments .
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[ Rmived the assent of the Governor on the 23rd Gay 1994, fir6t' publihkd
i n an extraordinary iseue of the Orirsa Gazette, dated t h e 25th May 1994 ]
AN ACT FURTSER TO AMENDTHB ORTSSA MUNICIPAL ACT, 1950-

hit enacted by tho bgiabture of t6e State of Orisra in the ~orty-M* ~ e Qofi
tho Republic of India as follows:-
8

Shorl tWc 1. (I) This Act may be cal~edthe Orissa Municipal (~m&dmerit)Act, 1994.
and
--
mmm-
msnt. (2) It shall come into force on such date, not being later than the 316t May: 1994, , ,
'T'
as at State Government may;by notification, appoint.

Amondmsnl 3. In , sstion 1 of the


01 Man 1. principal Act),-
Orisa Municipal Act, 1950 (hereinafter refer& to as the
of 1950.
Y ,,
, .
(a) in the marginal heading, for the words "and commeocement", the coma
''

and words, "commencement and application" shall bu substituted; and


(b) after sub-section (5), the folIowing mbgection shall be inserted,
namely:-
"(6) No&ing in this Act shall appIy to the Scheduled Areas refmed to in - .
clause (1) of article 244 of the Constitution".

' (al in -clause(6), for tbe wbrds and figure "Indian Cohpsniei kct, 1913" a i d
the marginal reference "VU of 1913", the words and fi-
, "the Campanieb
Act, 1956" and the marginal reference '!I of 1956" shall respectively be
' substituted;
'
. .

(b) after clause (a), ths follakving clause shall be imeried, namoiy:-
'(a*) "Election Commission'' means the Stite Election Commission
consisting of a State Election Commissionef appointed by the Governor
under article 243-K of the Comtitution";
(c) after clause (9), the following clause shall be inserted, namely :-

'(9-a)"FinanceCommi~ion"meam~theFinameComtnissionco~itutod
by the Governor under kticle 243-1 of the Constitution;';
(d) afta~clause ( 1 7), the following clauses shall be i n s ~ d namely
, :-
'(17-a) "Municipal Ara'? meane the territorial area of the ~ u n i c i p @ ~ ; ' ~ L '

'(17-b) "Municipality" means a Notified A& Codhcil d i i Miiiiicipal


Council or a Municipal Corporation ;

(e) after clause (21), the following clauseshall be inserted, namely: -


'

'(21-a) 'Panchayat" mean a Grama Panchayat defined in the


' Orisa Grama Panmayak Act, 1%4, or a Panchayat Samiti as d e h e d in the (hiuaAct
'Oriaa Panchayat Samiti Act, I959 or a Zilla Parisbad as defmed inof,jg65,
the Orisea Zilla Parishad Act, 1991;'; and OASBAa 7
of 1960. . -
, - OrIMa AEt
H.of1991.

*For the Bill see O a s a Qa-tre, Extraordinary, dated the 30th.hfareh 1W4 Vo. 376)
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[):&tar clause (231, the follotiing clause shdl idstrted, namely:"


'(23-a) 'Popblation" means- the p ~ p u l a t i ~asn ascertaikd at thelast
prccading cencbs of which the rclevant f i g i t s have bctn publi~htd';
-.ma nt 4. in the Act, for section 4 flhc~oding its marginal 'hpadiag), 5 and 6
d diom4 the following sections shall respectively be substitutcd, namely:-
5 and 6.
UComidu- 4. (1) There oball be constituted by the i'tete Govcrnment-
urn
MnnId*
paiitlrr. [a) a Notified Area Coucil for every traeriiional area;
(b) a Municipal Council for every smaller urban area; aid
(c) a ~ u n i c i ~corporation
al for every largkr urban area.
in accordance with the provisions of this Act :

Provided that no such Conai3il or Corporation s h i be


~ constituted in dhy urban
arka o r part thereof which the Governor may, having rcgard to the size of the area
and the municipal services being provided or proposed to be provided by an industrial
establishment in that area and such other factors ae ha may dcem fit, by notjfication
specify to be an industrial. township.

(2) In this section, "a. transitional areag',. "a smaller ,d r b q area" or "a lug&
,

urban area" means such area as tho Governor may, having regard to the population
of the area, the deiisity of the population theikin, the revenue. ,gtneated for local
,

administration, the percentage of employment in iion-agricultural activities, the


economic importance or such other factors as he may dtem fit, specify by notification
under clause (2) of article 243 (Q) of the Constitution.

Expldjtorion-For the purposes of this section,- ' '

'. (a) Saye as may otherwise be deemed fit by the Governor, a pupulatioq of not
l e s than ten thousand, twenty-five.tIio'i~nd zpd three lakhd, respectively -
h a y,. be &ke$ ,.@ sufficieit pgpulation for the pur@:ose of bpeclfyihg
i&p&tiveljl"a traaeitiona[ area", "a smaller urban area" aiid "a l&ger
ui lab area";

(b) the fctbrs,relating to d,emity o f , population, percentage of empioyrpest in


non-agricult.uraJ,, aci,ivities, generation o f reve@pefor local ad~inisttation,
- qouomic importance and such other.factoFi for the purpdse of $&r*ng
,
I I a tragi tional a&'', "a smaller h b a n . are+" an?, ':aqIarger ~ b a iuik a "
shall be,suchas the Governor may, from time to time, determine.
. .

(3) Notai4hrtanding anything containid in this section,-


- .

(a) th8 !:+rial area of,avwy Notifid- brea &u&il and that of o v ~ y
Muntcipal Cduucil conStituted .prior to, and ejsting,at, ,the covidii&c&ent -
...
of the Orissa Mnnici*l (Amkndment) Act, 1994 shalt rkipctibely be
dee.med to be a-,transitional area and a smaliar urban area within the
meaning of sub-iection(2) of sectioh4; and

(6) NOH Notified Area Council (including it3 Chairman and ~ i c e ~ b ~ a i r m a n )


andmery Mupicipal Council (including.its Chairman, Vice-Ohahm aad -
Additions! Vice-Cbaiman), continuing in office qt the commencement of the
Orissa Municipal (Amendment) Act, 1994 shall continue tlII t h e expiration
of the term as provided in sub+eotion (1) of neciion 41 it-stdod prior to as
such cbmmcncement, unlcss soon= dissolved by a rwhtron passed to that
effect by the Legislative Assembly.

,
(4) ,wheu any, ridnsitional, area or kmalle~ urban area withln tlis meanina of
sub-section (2),is subsequently specified to be,-
. ,

. (a) smaUor urban area in the caw of a tr'iwitional area ; of .. . .,


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(6) a larger urban area in the case of a smaller urban area, then, not withstanding
anything contejned in this Act:-
(0 tbe Norijkd ' ~ r e aCouncil for the existing transitional area shall be
deemed to be the Municipal Council: for the samalltr urban area Bo
, subsequently specijied;
(ii)the Municipal Council for 'the existing smaller urban area shall -
deemcd to be the Municipal Corporation for ,tbc larger urban araa eo -
subsequently qiccified;
(iii) the chirpmob, Vicc-Chairperson and other members of the ;xisting
NotSed Area Council or Municipal Council shall be decmed to be
Chairpcsnn, Vice-Chairperson nnd other members of the deemed1
. , Municipd Council or, ss the case may be, of the darned Municipal
Corporation;
. -
.
(iv)
. all the assets and liabilities of the existing Notifird Area Council shall
devolvc upon thedeemed Mmicipal Council or, as the case m y be, that :
of the existing Municipal Council shalI devolvc upon tht deemed-
Municipal Corporation; .
Iv) the provisions of this Act and -of the rules, bye-laws, notfications or
orders made thereunder which w,cre in force throughout such -triansi-
tional area or, as the case may be, the Municipal area shall apply to the
territorial of such deemed Municipel Council or, as the case may be,
:- ' deemed ~ u n i c i ~ Corporation.'
al
-
,

, 1

(pi) the proceedings commcncid, if any, for reconstitutidn of the exisriog


Notified Arc8 Council or, as the case may be, existing Municipal
Council s b I L continue if such proceedings were commcnced in relation
to the deemed Municipal Council or, as the case- may be, deemed
Municipal Corporation. . ,

, . 5. W h m any local area is included in a Municipal area by a notification refemd


' to in sub-section (2) of section 4. all the provisions of thi6 Act and of the rula,bye~aws,
notificationsor orders madc thereunder which, immediately before such inclusion, weff .
in force throughout such Municipal area shall be deemed to apply to such local area,
unless it is otherwise directed in and by ,the said notifications.
':. 6. -Whenany Municipal erea is dividcd into two or more such asma by a m noti&-
' ', ti& to in sub-section (2) of section 4 then, notwithstanding anything contain4
-
. ia,tbis Act, ail the provisions of this Act and of the r u b , bye-laws, notification or '
-
ord& made thertunder wbich, immediately before such .division, were in f o m in any
part of the original Municipal area shall be deemed to be in force in the.same part of
the Municipal arens formed by such division, unleds it.is otherwise directed in and by
the said notification". . 1

. A & ~ 5.~ In ~the ~principal Act, in sub-section ( I ) of section 7, for the words "state , '

of acction 7. Goverrunent" and "State Go~ement's"~h:r,wer they occnr, the words "Govmor3#
aad "0overnoPs9' shall respectively Ile substituted.
bnht6. 'Inthe principal Act, for section 8 including its marginal heading, the following
of &on 8. ection shdl be substituted. name1y:-
Corn ' -dm ''8. Every ,Municipalityshall be composed of the following Councillors, namely:-
oE r~miei-. -.
paUh (@one Councillor elected directlp from every ward within' the Municipal - -
' area:

% n . (b) a pmon having special knowledge or uxperknce in municipal admbiswatjoa


, as'may bc nominated by the State Government: I .

-
Provided tbet the Councillor.ao nominated shall not have the right to vote .
at any meeting of the-' Municipality but shall have the' right .,to' attend
'ekery meeting thereof except the meetings convened under sections 47, 49
md 54." . ,
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Amendment 7. In the principal Act, in section 9, for the words "Thc Municipal Council'", the
9. words "Every Municipality" shaIl be substituted.
6dion
Amcnd*cnt 8. In the principal Act, for section 10 including its marginal beading, the folI~wing
section lo' section shall bc substituted,, namc1y:-
-
Lianncr or "10. (1) The election of Couacillors specified id clausc (a) of scction 8 shall be
dstfon or held in
CoundIors.
the prescribed manner:
provided that where such clection is conteted on political party basis, the candidates
contesting such election shall U6c their respective party symbols.

Explunation:-For the purposes of this section,-


(0) 'Lcandidares" means candidates duly sponsored by respective political partics;
(b) ''parly symbol'' m e a b the s~~rnbol
allotted to a particular political party
undcr thc Elections QI?Ibob '(Reservation and AIlotment) Order, 1968; and
(c) "potitical party" mcans a 'National Party' or, as the Ca6C may be, a 'State
Party' within the meaning of paragraph 7 of 1hc order referrt d to in
clausc (b).
(2) the 'names of thg clected Councillors shall be published by the Eleclion ,
Comnzisslon'inthe Gazette''.

of - 9.In ihc principal ~ c t for


, section I 1 including its marginal hhding, ,the
section 11. . following section shall be subbtitutcd, oamcly:-
Rmrvation "1 1. (1) There &all be reserved, by the S k t e aovernment, Mats in evc.ry Munici-
,
,
of seaw for
scbed I ,j palily 'for the S,chedulcd C;sfrs and the ScheduIed Tribes and the number of seats so
Castts, reserved shall bear, 26 ncarly as may be, thr same proportion to the told nllmber of
Scheduled seat6,to bc filled by direct election in -that MuaicipaIity as Ihe populztion of the
mbesm -
Women i dScheduled Castw in the concerned Municipal arca or of the Scheduled Tribfi i n that
b e area beax to be total population of that area 2 nd such seak shall b. allotted by rotation
c k o f dt~.to different wardsin a hlunicipal area:
#s.
Ptoyidcd that wbere thc population of the ScheduIed Castcs or, as the case may be,-
the Scheduled Tribes In a Municipal area is not sufficient for reservation of any seat,
one seat for thc Scheduled Castes or,-as the case map be, one seat for the Scheduled
Tribes shall be rewrved in that Municipal area.
, -
(2) As marly as may bc, but not lcss than, onetbird of the Ioial'numbcr of seais
reserved undcr 6ubdection (1) shall be reserved for wcmen belonging to thc Schcdvled
Castes or, as the case may bc, thc Scheduled Tribes;
. .
Provided that whcre only two scats are reservcd for tho Scheduled Carte
or, as the cnse may be; the Schedulcd Tribes, one of thttwo seats shall be
rcscw@ for womcn belonging to thc Schedulcd Caste4 or, as the case may be,
\ , the Scht dulcd T r i b ~ .
(3) Seat shall also be rzservcd in every Municioality f o r t h e backward class of
citizens as referred to in clause (6) of artictc 243-T of the Cobtitution, -and
the number of'seats so reserved shall bear, as marly as may be, the same .
,
p: opordon to the total number of seat6 to be filled by direct election as the popb-
lation of such citizens in the con~ernedMu~lcipalarea .bezm to thc totn! popuIatioo
of that area and such seals shall be allottcd by rotation to diEerent.wardsin a Munici.
pal area.

-
(4) As pearly as may bc, but not icss . than, onkthird ( i n c ~ u d j a the
.number of seats reserved for women belonging to the Scheduled Cates and the
Scheddcd Tribes) of the total number of seats to be fiIIed by djfict elwtion
in every Municipality shall be merved for womcn and such ,scatf, shall be
allotted by rptatioo to diffeantwards in a Municipal area. . -
(5) ?ham a particular ward is reicrvod for the Scheduled castes or the
Scheduled Tribes or the backward c l of ~ citizen, ,or for women Whether or .

not ,belonging , to the Scheduled .Cute3 or iht . Scheduled -Tribes, and no


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. 38
eligible csndidata ia available or comes forward to contest the elect'ion id
elation to that ward,' the State Government shalI nominate a pmon who
is otherwise eligible to contest .such election, as the Councillor for the
ward.
(6) The pocedurc regarding reservation of scats for the puiposcs of s u b
szclions (I), (21, (3) and (4) shaIl be such as may be prescribed.
\

(7j The rcscrvatian of seats under sub-sections (1) and (2) ,shall cease to
have effection - the expiration of the - pcriod spccificd in article 334 of ,the
,

Constitution."i
Omlssion 01 10. In the principal Act, section 11-A shall be omitted.
section 1l-A.
Ammdmaat 11. In Chaptcr I11 of the principal Act, for, . section 12 including its
orsoctlon 12. *arginal heading, the following sections shall be substituted, namely: -- rq

~upcdnten- " l l - A . The superintendence direction and control of the preparation of


d i electoral
~ ~rolls for,
~ and~ the conduct of all Election+ to Municipalilies shsll be . u
and cauotml vested i4 the EIection Coinmission. - ,

of elections .+
to vest In
tho Elpelion.
Commbion

~snoral 12. (1) A ~ c n e r a lelection of, the Councillors specified in clause (a) of -
zE6$,ff
,

section shall be camp1eted -


and- forma-
lion of wards. (a) foi the purpose of constituting a new Muilicipility, x. soon , as ' may
be, but not later than six months, after the publication of tho not&
0

cation referred' to in sub-section (2) of section 4;<

( b ) for the .purpose of rec~nstitulin~a Municipality, before the expiry of


a period of five years. from the date appointed for its first '
meeting reierred to in clause (a), of sub-swtion(2) of section 47:
I

Provided that Tor the: purpose of reconstituting a muncipality continuing .,


in o5ce at ' the commencement of the Orissn Municipal (A tndment) Act,
1994; before the expiry of the term provided in subsection ( I ) of section 41
,

as it stood beforc such commencement;


(c) on .the dissolution of a . Municipality. before tbe expiration of B period
, of six moqths of the date of its dissolution: '

. , . .

- Provided &at where the remainder of the period for which the dissolved
municipality would have coniinued is less '&an six months, it shall not be
necessary to hold any election under this section for comtituting the Munici- . ,
Y
.
pality for .such period.
- , ' - /

(2) For the purpose of eiection under sub-section (I), the , State Govmn- .'
dent sh~ll;by one. or more notifications publi~hed on such date or dates* as : Lr

may be recommended b y the Election Commission, call upon all wards in the
Municipal area to elcct Councillore in accordance with the provisions of this
Act and of the rules and orders made thereunder.

(31 For the purposc of election of Councillors to a M~nicipaIity, the s k t a


Government may, id the case of a new Municipality, of their own ,motion and
shall, in the ca50 of .Municipalties already in existence at the time the noti-
fibation is made, after consultiog the Municipalily at a meeting by
notification-

, (a) divide the Municipal area into wards;


. ,

. (b) determine, subject to other provisions of t h i s Act, the words. in whioh


the seats reserved under section 11 shall be se aesigntd: .
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39 , ,

Provided thatL
( i ) .in dividing a Municipality into wards, equitable dislribution of
popgjation among the .various wards and the - compactness of area
. form~ngeach ward shall 'be taken into consideration; and
(ii) the number of wards in any Municipal arca shall not be less than
eleven and more than forty.
(4) All th,:. cizctors 01 a ward shall, irrespective of tbair community, be
entitled to vote at an election in rwpect of that ward.
(5) When a new,ward is formed or when an existing ward is abolished,
the State Government shall, after consuIting the Municipality concerned,
determine.
.(a) ~ h c ' w a r in
d which cach Councillor in the Municipality shall be deemed to
rcprcsent; and
10

(6) the ward or: wards in which election - shall . be held to fill up the
vacancies, if any, in the Municipalities."
~mondmcnt 12..In the Principal Act, in section ,l4, sub-section (I) shall be omitted
of secdon
14. 13. I n !he principal
. . Act, in section 16.-
Amondmmt ,

16.
(i) i n sub-section (11,- ,

/ (a) in the opening portion, the words "the, Chairman or" shall be
, omilted;

(b) clause (ii), for the words ". twenty-five years." tho words " twenty-'
one years" shall be substituted;
(c) in clause (xiii) for the words and full stop "in that behalf." o ~ k i n g
at the end, the words and semicolon "in that behalf; or" shall
be substituted; and
(d) after clause (xiii), the following clauses shall be inseced,
namely:-
"(xiv) is disqualified by or 'under.any law for the time being in force
.for the purpose of elections
, . to the Legislatub of the State; or
(xv)is disqulihed by or under any l e i made, by the Legislaturl . of
the State; or ,.

(xvi) bas more than ohe spouse living; or .


Wii) has more than two children:

Provided that the disqualifications under clause (mi3 shall not applp
to a peison who ha@ hore than two chiIdren on the date of com,muncement
. of the Orha Municipal -(Amendment ) Act, 1994, or, aa, the casc map bc,
within a period of one year of Such commencement, unless he begets an
additional child aftcr the said period. of one year."; and
(ii) in sub-section (21,- ,

(a) the wordsUa Chairman. or" wh3rzvtr th?y occur shall be omitted; and

(ti) for the words and . commas , "Chairmanship or CounciUorshi ds


the c a s i may bc", the word "Caun~illorshi~"
,shall be , subytitutedl. .

admen* 14.Inthe principal Act, insection 17,-


of &on
17. (i) in the marginal heading, the words" Chairman and" ehaII be ohitled]

(ii) in the opening portion, the word~'~'a


Chairmaa or" 6h8u be omitted; and
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(iii) after clause (j), the following clause shall bc inscrced,


, namely:-
"(k)incure any of the diquaIifications ,specified in C I ~ U(xiv)
SE~ to (xvj~) of
sub-sect ion(1) of section 16.".
Amendment 15. In the pdncipa1 Act, in 6cction 18, the words "as a Chairman or",
Qf sation 1%wherever tbcy occur, shall be omitted.

Amendment 16. In the principal Act, in scction 27, thc words "a Chairman ' of'
Or 27mshllbc ornilted.
I
Amendment 17. In the principal Act, in scction 29, the words "the Chairman or" shall be
of -on; omitted.
29.
Amendmtnt 18. In the principal Act, in sections 37, 38 and 38-A, thc word "Chairman
of seetiom
3s .ad 38- 0"' , whcrcver they occur, shall be omitted. I

A. !
Amendment 19. In the principal Act, in section 39, for the words "and of thc Chairhap,
of ~ t b nVicaChairman and Additional Vice Chairman", the words "of every M u ~ c i -
39. pality including its Cbairpefion and Vicc-Chairpmon" shall be substituted.

Amendacnt 20. In the principal Act, in Ithe provisos to section 40, for the comma
at &On 40. and words, "the Vicc-$ha hairman and Additronal Vicc-Chairman7'wherever they occur, the
words"aod Vic-eCbmrpcrson" sbal be eubstituted.
Amendmat 21. Tn the principsl Act, in scction. 41,-
of d o n 41.
(a) In the marginal heading, the words "Chairman and" shall bc omitted;
- 2

( b ) f o r sub-sections (1) to (6), the folIowjng sub-sections shaN be substituted


namely:-
"(1) Save _as otherwise providcd in this Act,-
(1) a Councillor whether elected at a gcncra election, or nominated, to a
Municipality. shall hold office for five YcaTs from the date appointed
for the first meeting of * the Municipality as referred to in clause (a)
, of sub-section (2) of 6ectlo11 47; ,

(ii) a Councillor elected at a bye-cleclion or e l ~ t e dor nominated against a


casual vacancy in a MunicipaUty shall hold office for a e unexpired
period of the term cf ofice. of thc CounciII~r inLwhose place he has
. been so elccted or,' 46 the case may bc, nominated.
(2) An o u t g o i ~ Councillor, if olhemise qualified, shdl be eJj8ibIe for
, re-elcclion.
(3)wh~ncver the number of Councillorfi of an existing ~ u n i c i ~ ~isi i ~
iscreased as B reSuIt of i n c r e ~ ein the number of wards thereof, the Additional , ,
Concillor or Co~ncillor6 e1eCted for thc purpose shall, save as ohtemise
provided, continue ti11 the expiry oftbe term of ofice of the other CowlciIlors
of the Muaicipality as provided in subsection (I)."
22. In the principal Act in section 42,-
Amendmen1
clsectbn 42.
a) in.sub-scction (l),for .the words "held under", the words "referred to
in.. shall bc substituted;

(b) in sub-section (2)for thc word "appoinL", the wordc'nomi na te" shall be
substituted; and
(c) in subsection (31, for !he word "appointed" occurring for cha figt tjme,the
word"nomina ked" shall be substituted and the word* appointedw
- occurring far the second tune Sh8U be omitted.
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Ammdmat . 23. In thc principal Act, , for section 43, the , following sectfon'&ll be
substituted, namely:-
lwnw43m -, , ' . , , I I

. . - .
"43. (1) A Councillor not b'eing the Chsirpcson or Vicechairperson, m y
Rsign . hi6 office by writing under his hand cddrwed,-
L ,

- (a),if ho is an elected Councillor, to the Chairperson who shall place . the


letter of mignation before the municipality at'its next meCfing of which
notice sbaIl bc given to the CounciIlor; and .

@) if he ir 8' saminated Couacillor, t o tho State ~ovrinmiont.


(2) On the mignation being accepted-

(a) by the Municipality, in the -& of an elected Councilfor; and. .

@) by the State Goverpmant, in the case of a nominated Councilloitho


Councillor ebdl cease to ho1.d office with effect from 'the succeding date
of such acceptance:

. , . Provided tbet the C o ~ n ~ i l l o rmay, ,at any time before the acceptance of
the raignation, withdraw the same by writing under his hand.".

. In&
new
d
inrerted, namc1y:-
a.
In the prinoipsl Act, aftm ketio?. 43, ;he follcring section , 6 h d be
aedon44. . I

"44. A Councillo* of a ~ u n i c i p a l i t ~shall be deemed to have vacated his


o@e on the expiry of hiti tern of ofice as, or on his otherwise ceasing to
be, a Co.uncillor' of that Muaicipality or on being eltcted or . nominated as
8 Councrllor or any other Municipality,?. , .
, ,

Amtnameml 25. In the principal Act, in section 45,-


of d o n 45. ..
lhc, word. "Cou ncilloi' occurring for, the mt time, the cornmar
(a) after '

and words "elected or nominated.''. aha1 1 ' be inserted; and L .

, . 0)for the words >'the election," the word! and commas "election or
qominetion, as the ,case may. Eie,'' sba1I be substituted,

A m b n t 26. IJI the principal Act, sub-section' (2) o f ' section 46 sball be omitted.
or d o n
46. -

- h r 27. h~ the
' Act, -for/ =lion 47 m.d 47-A the following section shaj
ofdon be subatituted, mme1y.-
47 and 47-A. '

Elmion or ) ; haw a.Chairpersoa and a vicdhnirp&on:


"47. (1) Every ~ u k i c i ~ a i i tshall ,

-.mn , -
,and VIC~.
aairgcrson. (2) The Counciliora of the Municipality sepcified in clause (a) of section 8
shsll, -

(a) at the &st meeting of the Municipality, which shall be convened


soon, after the publication of their names under mb-section (2) of
section 10, elect in the ~ m c r i b e d manner s Chairperson from
among them;

@) at a subsequent meetbg, which shall' b: specially convened,, for the


purposc at the instance of the Chairperson so elccted as soon as
may be, bu! not later than thitty days, after thc date cf riic?ion of
,' : the Chairperson, eIect a ,Vicehairperson of . the Muaic:palily from
'

among them;
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42
.,

: Pio+idtd!hW@~i:re tHkoffitbof.tbeEhirpers~of~ Mn$ici@ityid~latnSmed


undm jub-sectron (3) for women or where the Chairp~non electcfl under tMa Act . 'I

is not a woman, the officeofthe Viw-Chairperson of the MunicipaIity sbaU be reserved


:fgr,women. .

' ' ' 6$&d -of C!hii$6R66 in ht! ,~2&~]-aliles' &&h 86 fii*Cl$bd for the
' ~bliitlt~lw - Piid. tGi gc~sdlilM f*~er ,Zhe h n i d GI
~ ~ficeg
so reserved hi thi: SEBEdlile'd kajtks aliH f6k s=K%~lZd Tkibes shall
b e e , as nearly a5 may be, the ame proportion, to the ,t,otal number
df. kit% b:Wi b tide pofi~Besfid thb kbliediile'd ~ a s t t dand tho
Scheduled Tribes respectively in the State bears to the total population
of the State ;
(b) as.nearly..m may, bg 0 offithe total nu@er of debts 're o ~ under
d
,

clause (a) shall be reserved for Women bdongihg to tho Sche uled Castes
or, as the case may be, the Scheduled Tribes; md
!
(ij is iieidk ire ii
bE ohe-ihiid h e \ \ i ~ i k HBWF i;k t r @ c ~iCscncd for
womcn belonging to the Scheduled Castes &id th'C 3ehtdii1'dd~ribes)of the
total number of ofices of Chairperson in the Municipalities shall be
: t.Eh&d fdb *bden; and
. , (4offices of Chairperson of ~ u n i c k a ~ i t i tshall
i also be rcsecved for t
k ,

esckwa~d..class. o f c i t i ~ g as.refa@d
s tb iq clause (6) ~f,articIe243T .df the
Constitition, and the n u m b of oficee l o reserved shall bkai q ,n&rly ad
may be the same proportion to the total n u m b of such offlces as t h . '

population of such citizen8 in the State bears to the total populqtion, of


- the She.
- .
~~bEf+atidn d l Sffitor i f mafi&bn tib$i.~gt@&idh t3j shall $e dZ;I). (86
State Ciovornment by rotation among di~ardhrh k e i p d l i f i a ili ihk pdb=riwd% m%iihsi
and shall-be published in the Gazette.
.-.
(5) The reservation of q.fficasof Chairpersons (othtdhan the kii&atiokfor =Aman'
- . a .. , .. . -

k k h % i ijf 3pdzsd i*Iied i$ ar& 334 tl(C LnStithtlon. 8


nd backward class. of GIG 09)under u b - 8 ~ .~qn,(3shalj ?%so to have effect on the
-
. c

(6) If At an election -undersub-section (I),-


pj go ~ ~ i ~ ~ f d ~ ia l~';=fk$i!iifl
~ i a & &'. I L Wdwitkin &!Hi dayr
from th k S 8 U6 fiHbP lektl5n; Zik -

(b) nP,,Yic~Chsirpe+qqjf elqct\d, q,fyh.elcctio o shall be h ~ l dwithin thirty


days fr6b the 'ate o the fi f t e ec i&.
'

a6 '&ah Bif 62; V i M - f a wf3


(7) If at the subsequent e ection held under nub-section (6) no Chai or a~
h 1s cl&i;a; t62 sd& ~ b b ~ ~ ~ n i ~ ~ & ~ i r
affi& of thc Chairperson or the Vice-Chairperson, as thc case Ed& 6-q -1iAWrigiid.0
of a,rmitable person until such time as a Chairperson or Vice-Chairperson, as the case
may be, is elected by the eIected Councillorn from among them".
b-dmad 20. In the principal Act, for &tion 48, the LbIlowing section shah be substituted,
of ~oction namely :-
48. ,

dk'imid
~48.TheChai~p~rsonorthe~icehairperso~ofaMunieip~ty.shall ,
to have vacated hi8 office-
.
.'. . - .. ) ,.: * - .> ..+. .
pfflls 4-p[
(4Oil the e~~ipiry OWas, or on &b oibenvis; ceasing to b, .a
Co~ncillorof that Munrelpdity; or
- (b) on his election or nomination 8 3 a Councillor of any hihb Mii3iipalitY.," ,

&,dmant B: Tn tho jjkiHcipid AW, in ~ ~ E t4i 9b ; ~. .


of a m
49. (a) for thi i
' -eqia$ ~a$dj,,:'f j+$r.ghii@ia- bi
+ I,.

%g&haiman" ~dji~~~~$,
. ocougring in: o,p$+.% Ppergn, the words "or,T~~B;E!~&uMo~
01
Municipal~ty"shall be sd titultd ;
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.- - ' 1.

in the s t e a d . pravilb: ]he t a i t H c t f ~ r t M- ~shhl!


" l k 3idlt.d at13 fdt fib'
yordsu AQditio ha1 V i c d h a i h h~ of th* E6L&iI'', the uCblmhv
shall b i $ubttltudU:.
3

Amcndmmt 30.1n tj19 principhl kc0 in section 49-14; for tbc word%'bf p'ollidg at th6 ghhbral
of efeclidh", the #dk$ls; 6rackct.i and &or& "appoinred.for ffiBrdt hekting f$eWd ta
49.A' in cIau6e (a)of sob-sectios(2) of section 47" shall be substituted.
. .

, 3i..in the priocipdi ~ c iEor


, section 52, the iollowing section shaii be substitiitsd . .. .
of namely:- - ,
d l a n 52.
"52.JI)A nominated ChairperiDi b i ~ b ~ k a i q m - mofn a Municipality may
resign h13 ofice by writix under.~s+hapd, adrlt.as:d tt, the SQte Gqvernment and; on
such resignation bcing accepted, shall bi dcemed to havc vacat:d hie office.
$&$=:hA&
@) d h i f ~ ' & o rngiesignhis
n office by l~riiing u d m his hand
ad8'G;d i b the uniciballty.
(3) An elected Vice-Chairperson may resign his ofice by writing ,indir his hahd
addmsed to the Chairperson ,of the Municipality who shall forthwith lay thk Ietter of
ri!aig;iadbtl tiEfiii6 is6 hu66ihality.
.. . c4) On.aresignat!oh liider su-titih @jbi[3Jd c i i aidck!@t#l Ky f6k h n i c i -
phlity, the Chbirpekoh 'or, ad aBhE chhb #'a y 8% We ~ i e W h ' d i r ~ ~ l bhhi
s o h be d m d
to have bcated his b&m:
(3
A rignation tcndared under this scction may, at ilhj. tikg before its
acceptance, be withdrawn by the person tendering the same by writing."
. . .
*--(
ofd o n 54.
32 l o t'hs principal Aet, in section 34, ip thc to sub-seetian(1) ,-

(a) the word "Chairman" owviring for tM dBt titti;, the wards
"or the ViccChairperion" shall be ~neerted; and
( b ) a h T h e ~ o r d *'Chairmanv occurring for the ~ o o n dtime, the aoidr '
,

"or, a+ fhe case may btb Vicc;Chaikpers6n"-shall be inkrttd; .


, .
AmnudmcaU 33. In tho princi Act, iq ,c1 Use (a) o section 57, tho worda and mmma
of 57. 4LAddjtionalY ice-C&?Lh." sHaitbe b&ifiifid
Omiston of -34.In the principal Act, scction 57-Ashall b= omitted:
d o n 574.
~mendmmt
of d o n 59. words
*. in &k biiai&ai AC~, in & @&andpto$ao to ~ib-&c
"or the Additional Kck-Chairma$' 6haU be omitted.
ti J~Iii) of ~bction3, the

I =don of ,,. ,
nos C L ~ - namely
q.i:i-ih5 $ri&ipA ~ o i &er
; chaplei ihe i&6king &apt& i~ bbc iniertcd,
V A
~ k & ~ ~ k t ~ ; ~

57-A.(1) '&I every ~ u o i t i b aarea bf &el kkin 05 aare there


F-. .
I

i having a pop&dbn
9G$$
Commi#cp.
ball be constituted by the Municipality a Wards Cbrnrnitte. far each ward.
~ o i m i t t e&ail be cornpod of the fiiiow;ing members,
aamcly : -
(2) The $ar&

, (a) the Councillor representing the ward who shall be the President tbarmf;

. {k) the e ~ u t i v 0&$6


e br dh$ ddiai oE=i$ibf 1
P~lifUj~$a'li't$ 8 hhj b e
aumorised by the Executive Offimr.
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d 57-B.(l)It shall be the responsibility of,the Wards committee.to takeall


b b I U t V gsibIe measures, subject to the provisions OF this Act and overall control of the
zommik* G n i c i ~ i t yor public heal* , sanitation, 6 W c r lighting and comwaacy h r the
Ward, for protection of the environment a@ promotion of ecological.asp& of the
ward and or such other matte? as may be entrusted by the ,Municipality.
(2) The, Wards Committee shall,hsvc powers to recoqmc'nd to t k MuaicipaIity
the measures nceded for the purposcs mctioned in sub-scction (I)."
t . .
M~d 37- After chapter VI of the principal Act, the following Chapter shall be inserted '

new Chapter namclyi-


' Y-A-
''CHAPTER VI-A
# C.

DISTRICT PLANNTNG COMMlmEE


. ' Co =mitt e o 62-A.(1) ThZre shall bc -constituted at the level of every - district a District
'fm W P l m n i n g - Committee to consolidate the plans prepared by the Wchayats and the , b.
PIrmb& Municipalities in the district and to prepare a draft de'velopment pIan for the
,

%ct as a whole.
. ,

(2) A ~ i s t r i iPl-ng Committte shall consist of twenty members as olIo~:-

(a) sixteen members to b eIected in the prescribed manner by, and from +

I amongst, the elected mmbers of tbc Zilla Parishad and the eIected
Councillors of theMunicipalities in the district in proporlion to the ratio
between the population of h e rural arcas and of the urban areas in the
district; and ,-.
(b) four members to bc pominated by the S t d c Government as followsi-
(I) a-Minister in t& -~ouncilof Ministms of the State, who &all be the
Chdrpermn;
- , , - ,

(ii) the Collector of thc district, who shall -be the Vice-Chairperson;

qJersod of the Zilla Parishad'in the district;and

(iv) the Chirpemn of a Muuicipalily in the . district:


Provided that- . ,

(a) if the ~ r a i r g r s o nof the ZilIa Parishad


in thc district is elccted as a
member of the Commitlce {under. clause (a) ; or
'

(6) where there is only on2 ~ u n i c i p l i t yin s di~trictaod the ~hairpeM04 of


such Municipalitv is elected as a membcr of the Committee under the
mid cIaug, .
some othcr person may be =ominated by the Statc Government.
Explanation-For - the purposes of tbis section,-
( a ) '2illa Parishad" means a .Zilla Parishad constituted under the - orlerakt
Zilla Parishad Act, 1991; 37 of 1991.
b

(b) "rural areas" meam the territorial areas of Panchayatqaitd


! - ' (c) "urban araas" -means;the territorial areas of Municipalities. -

(3) Not~thstandinganything contnined in this section the State Govement


may nominate any official or pon-official a6 specis1 invitee to attend the mMings
, of the district Planning Committw without any right 1.0,.vote at any such meeting.
. .
(4) The Chief Executive Officer of the ZilIa Parishad &all be the Secretary of -

, the District Planning Committee. - . , . . , ,


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(5) The term of office of the members of the district Planning Committee, the
conduct of busincss at the mce tings thereof and such other mat tcrs including Hling
up of casual vacancies in the said Committee shall be such' as may be prescribed.
'

(6) No act of a District Planning Commjttcc shall be dcemed to be invalid'only


by reason of ,the e~islenceof a casual vacancy therein.
Functions of 62-B (1) Every District Planning Committcc shall, in preparing the draft develo-
the d$iria pment Plan,-
Plan n ~ n g

-
Committee.

-
(0) have regard to-
(i) matters of common interest between Ihe Panchayats and thc Municipalities
including spalial planning. sharing of wmcr and other physical and natural
resources, the integrated dcvclopmcnt of infrhsrructure and environmental
conservation;
(I)crtcni and lype ~favailableresources whether financial or othervir;
the

(b) consult such institutions and organisationsas thc Governor may, byorder,
speciry.
(2) Tbc Chairperson of every District Planning Committee shall forward ihe
development Plan, as recommended by such Cornmiltee, to the State Government.
C3) Wifbout prejudice to the generalily d the foregoing provisions,a District
Planning Committee shall have such other functions a6 the State Governmenl may,
by notscation -from time lo time, assign.''
Amendment 38aI n the, principal Act, in section 63, the words -or in their abs~nce,by the '
of section 63. dddi tional Vice-Chairman" shall be omitt:d..
Amendmat ,
39. In the principal Act, in section 64,-
n lmion 64.. ,

(u) in sub-section ( l ) , the words "or in their absence, the Additional Vicc-
Chairman" shall be omi1ted;and
(b) in ~ub-5ection(2h the words "or the Additional ViceCbairman" shall
be omitted.
A-dment. 40. Xn the principal Act, in section 65, the commas and words, '<theVice-Chairman .
of adion 65 or in his absence the Additional Vice-chairman or in the absence of th. Chairman,
ViwChairman and the Additional Viv-Chairman", the words "the Vicc-Chairperson
or in'thc absence of both ChairpcrGbn apd Vice-Chairperson'' shall be suhtituted.
-dmeat 41. In the principal Act, -in, section 68, the comma and words, "Additional
of srctio~68 VictChaiman" w h e ~ v e rthey occur shaII be omitted.

Amcndrncnt
. 42. Tn the Principal Act, in section 70, the words "or Additional Vice-Chaiman"
01-ions70 and in the proviso lo sub-satlon (3) of section 71, the comma and words, '<Additional
and 71. Vice-Chairman" shall be omitted..

mo*mmr 43, 1~ the Principal Ac!, in clause (e) af section 72, the words " or qdditional
of &on 72. Vice-Chairplan"shall be omlrted.
AmcnAmcndmmt 44. In the principd Act, in-ration 88, the words ''or in tbeir absence, of the
ofsa-hon 88. Additional Vicdhaiman" shall be omitled.

*-em*
of -ran
89.
. the
43, 1 principal. Act, in section 89,-
(ii) in tho opening porcign, for the words "The Vicechairman or, in his absence,
. , the -Additional Vice4hairman" the words "A Via-Chairpason" shall be
substiluted;and * -

(ii) in the provisos, the words "OF, as the case may be, the Addition1
Vice-Chairman" shall be omittcd.
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Amtndment 46.. In thc principal Act, in section 90,- .


of sectlw 90
(i) in the opening portion. tikc words "ar t hc Additional Vice-chairman or bathp*
shall be qmitted; and ,

(iij in ths second proviso, the words "or the Additional Vict-Chairman" shall
k cmirtcd.

Delegation "91. During thc vacancy of thc office of vice-ch&rper6on or incapacity or


'g$Fi!:;u_temporary absensc ofvice-Chairpnron, th.- Chirpenon may, by an order ip writing,
delegatc any of functions to any Councillor of the Municipality till the Vice-
hi6
ctions
in
faw~of Chairperson resumes office or a new Vice-Chairperson is elected, as thc case may be: P
iud ivrdul
CouncilIorn.

Provided that- I
,

(a) every order mad:. under this section shall bz communicated to the Muaici" ,
pality at t ht ncxt meeting;
(b) no delegation under this s.:ction shall b: made lor any period exceeding in
the agccgate, ninety day* in any year without the special sanction of tho
Municipality."
Amcndm&t 48. In the principal Act, in th,: provisq to scxi I n 93, th.: words "or the AdditionaI
of -Ion 93 Vice-Chairman'' shall be omitted.

Iasertion of % 49. In Chaptcr IX or the principal Act, after section, 103, the foIlowing scctioa
new ~ E C l i a shall be inserted, aameIy: -
103-A.

pwrs ''103-A. ~ o t w i t b s t a n d i n ~anything contained in this Act, on and d f e r the


Munici~alitycommcncemcnt of the Orissa Municipd (Amndment) Act, 1994,-
'D*
dirktl~o. , (a) tbc cxercise of any p o w ~ r or performance or any functio~ by the
Chairperson, Vice-chairwon, the Executive O h r or-my other o&r
under this Act shalt be aubjzct to the dimtion,
'
if any, as may be given '
by the Municipality in that behalf; and
(b) all orders and decisions of the Chairp2eou. or the Vice-Chairperson of a , '
Municipality under +e provisions of this Act shall: be carried into effect by
thc Executive Officer of the Municipality and none else.*

51. In Chap~erXI of the pFincipaiAct, after section 120, the following Lctien
I ostrtion d
nw section ehall be inserted, name1y:-
1mA. L

f-~o.
" "120-A. (I) -It si@ be,theduly .ofthe Finance Commission to review the ,financial
podtion of MuniciHiUes and fc make r&omm~n&tiomto tpe Governor as $0- , , .
- (a) the principles which would govern-
(i)the diehibution between - the State and the Municiphlities of the net
. proceeds of the taxes, dutieS, tolls and fees leviable by the State, which
may be divided htwaen them and the alloation k t w e e n the Muaicimties
at a4 levels of their respective shares of such proceeds;
. . 8 -
, (ii) the dckkination of thc taxer, dutics, tolls i d fm which may be Aimed
to, or appropriated by, the Municipdities; and .

(iii) the.grantsin-aid ta tke. Municipdities e


r
n - the Consolidated .. Fund
of the State; -. ..
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(b) the m&ura needed to improve the financial position of the M~nici~alitier;
and
( c ) any other matter referred to the Finance Commission by the Governor i n the
interests of aound hnance of r he Municipalitiee.
(21 The Governor shall cause every recommendation made by the Finance
Commission under sub+ectida (1) togzther with an explanatory memorandum as to
the action taken thereon to bu laid bzfore the Lcgis l a t i ~ zAssembly."
Amadmeat 52. the principal Act, in stcticn 13 1 , in ~ h z 'proviso to sub-section (11, for
- ~f the w a d , brackets and lettcrs "clauses (kk) and (l)", the word, ,bracke@and letters
mion 13'. "clause (kk)" shall be substituted. .

section (a) in the m-irginal heiding, for the words "or red uce", the comma and worda
131-A.
"rcduc; or incrzajt'' snall bz sub~tituted;and
(b) aftzr s u j - s ~ l i o n(41, thc following sub-sect ion shill be inserted, namely :-
<.(5) Where .the State Ggveromeot are- satisfied that the rate' at which the
imposi lion of any tax or fee referred to in section 13 1 is abnormally low
thcy m a y increase such rat: after consulting the concerned Municipality
in the matter: '

Provided t hit in no cas2 the rate of any sxch 'tax or fez', after such increase, 'shall
excsel the maximum limit provided th;refor in this Act."

Amtndmrnt 54. In the principal Act, for the proviso to saction 144, the following proviso shalt
off i ~ i o n be ubtitutcd, namely:-,
1Y.
"Provided tbat-
i t ~ to determine ~ c percentage
(a) wherc, i h e ~ u n i c i ~ a lfails h on the valuatifl
of holdings at which the tax shall be, levied, the maximum percentage
on the annual value or holdings as provided under 'this Act for , the
,

imposition of the tax shall be deemed to the percentage determined by the


Municipality; and
(b) when this Act is first extended to any place, the first tax may be levied
from the beginning of the quarter next aeer that in which the percentage.
has been fixed by the Municipatity."
Insertion of 55. In Chapter XVlt of the principal Act, after section 274, the f01lcwing' wtioa
-seaion
2744. shallbe-iosened,namely:-

W of ' &'274-A (I) Subject to the provisions of this Act and the rules made thereunder, - .
UteI~pmtnta Muoicipality may, with the previous sanction of the. State Govermtat. by
chwcs. not~cation,levy a development charge on lands and buitdhgs within the area .under
its jurisdiction at such rate, not enceeding the maximum rate0 specified in subsection
(3), as it may determine: . -
Provided that different rates ofdevzlopmeat charges may be specified for different
p a d of tho rdevant area or areas and .for diEerent uses.
(2) The development charges on Lands and budla& leviable under sub-section (1)
shaIl be asse~rredwith refereace to theu use for diffwnt purposes mch as -
(i) Industrial;
(li) Commercial; -
(iii) Residential; and .
(iv) Misoeil,aneom : ,
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Provided that in classifying the lands or buildings under any of the sai d
purposes, the predominant purpose for which such lands and buildings zre used &'all
be the main basis. ,

(3) The rates of development charges shall be determined- ,


( a ) in the case of development of. land, a1 a ratt to be specified per bect are m d

(b) in tht case of development of a building, a t a rate to be specified per


square metre of the floor area of the building :

Provided that no such rate shall exceed fifty Lhousand rupees in the czse of
development of land, and fiftten rupees per square mctre in the case of development
of a building :
provided further that where land appurteaent lo a building is used for any
purpose independent of the build in^, devclopment charge may be levied separately .
for such use also.
(4) The procedure relating to assessment and recoymy of development charges
undw this section shall be such as may be prescribed." ,

2~~s!&
.
ln
Additional
363. -
56. the principal Act, in sub-section (3) of sc~tion363, for the words '%by
ViccChairrnan or, as the case may * he, by a momber of the Finance
the
Committee" the words *'by a member of the Finance Committee" shall -be substituted.

Tosettion or. 57. After Chapter


' -XXV of the principal Act, the following Chapter shj1 be
,ltw Chapter inserted, namely:-
x W-A.

" ~ A P T E R=j7-A
I
OTHER POWERS OF MUNZCIPALmY
otherpowers 374-A. Without prejudice to the generality of tht powers and fumtiom of-
or Munid- Municipality provided in this Act, every hlunicipality shall, subject to such conditions -
pality. and limitqtions as the State Government msy, in the public interest, deem-fit
to impose, have powers with respect to-
,
(a)preparation of plans for economic development and social jnstice; and

(b) the performance of functions and implementation of schemes rtlatioa to-


r
( i ) urban planning inchding town planning,
(ii) planning for economic and social development,
(iii) urban forestry, protection of the environment and' promotion d ocolo-
gical aspects,

( i v ) eifeguarding the interest of weaker sections of society including handica-


pped and mentally retarded;

(Y) slum improvement and upgradation,


(pi) urban poverty alleviation,
(viJ) promotion of cultural, educatjonal and aesthotic aspects,

(viiQ vital statistics including registration of birth and death;"


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Amcndmd 58. In the principal Act, in Chapter XXV1,- -


of Chaptei
m (a) in the heading, the words a i d comma "ADDITIONAL VICE-CHAIRMAN,"
shall be omitted. and -
(b) the words and comma': Additional Vice-Chairman," ,wherever they occur, s e l l
bc ornittcd.
' 59. Ln the principal Act, in seclion 384, the words "or . Additional Vice-
of sectionChairman"
384. ,wherever thcy occur, shall be omitted, '
'

(a) in clause (ii), the comma and war+ ",~dditional'Vide-Chairman" shaU


be omrtted;
@).the, provisos to clause (ii) shall be omilted; and -

I
(c)' in clause (xxv), for the-commasand words. ",Vice-chairman and Additional ,

Vice-chairman" and '&,Vice-chairman or Additional Vice-chairman" the I .

words "and Vice-Chairperson" and "or Vic+Chirpersc-n" shall. respectiveiy


be substituted.
Amendment 61. In the principal Act, in sub-section (2) of section 398, the following proviso
&knshall be added, namely:- .
398.
c'Provided that nothing in this snb-section shall apply to the suspension of
any such resolution,' order, licence or permitision."
Ammdmea~ 62. In thc principal -Act, in section 400,-
of d o n
400. (a) in the, marginal heading, for the words "in dcfault of a municipal council,
or its Chairman", the wor& ''in certain cases" shall bc substituted; aid.

- (b) after -subswtion (4), the foIlowing sub-section shall 'be inserted, namely:-
''(5) Without prejudice to the foregoing power6 of the State Government it
shall be cornpet- for the Smtc Government to direct any Municipality for the
,

execution of any work of: the doing OF- q y act within a specified. time if, in their
opinion, such work or act~onis neCe668Vin the public interest, and if the Municipality
fails to comply with such direction within the specified time, the State Government
,

may diiect thc amutjoil or the doing of,such ,work by any bther authority or
person, ia which case, the expenses therefor shaII be-rmlised from the.Municipa1Fund." -

Aaadmnt, 63. In the princiial Act, for sccdon. 401 including its marginal heading, the
of peclim,following section sbali be substituted, namely:-
401.
., ~i~~~~~~~ 401. (1) If in t'hc opinion of the Stab'Government a Municipality is incomptent
and tswost!- to perform or persistently makes dcfault in performing the duties imposed ,on it
cution of by law or cxceeds or abuscs its pcwers, tbey may, by notifi~tion published in .- .
- MlmidPaLY. ihe prescribed mannerl direct that the Municipality be djs~olved.
'

(2) ~ c f o d
pblisbing a notijication under sub~section(I), the State ~overDment
-, shall communimte to tpe Municipality the grounds on which they propye to do
a

so, fix a reasoneble period-for the Municipality to show cause against the proposaI
and consider the explanauons and objections, if any, of the Mdcipality.
(3) upon the' publication of such notscation, all the ~ b u n c i ~ o r sincluding
the Cbrperson and Vice-Chaiverson of the Municipality shall forthwith be deemed ,
.
. to have vacated their o* as such and Fresh elections shall bc held in accordance
with the provisons o f .thts Act.
(4) n e Councillors including the Chairperson and Vice-Chairperson of the
. ,
~ u ~ i c i p a l i tconstituted
y on such di!solution &all cpntinue only for thz remainder
of tbc .period for which the Councl~or8 including the Chairperson and vice-
Chairperson of. the dissohed Municipality would have continued had there been
- such dissolution,
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(5) During the interval between the dissolution of a Municipality and the
readnstitution thereof, 811 or any of the powers and duties of the ,Municipality
and its. Chairpers~n may be exercised and discharged, as far as may be, and
subject to such extant, , a s the State Government may determine, by a w o n to
be appointed by the State Governmeat as the Administrator, a d the Adminislrator
so ap~ointcdmay. if thc Statc Government so direct, reciiive such payment for hie
service8 from the Mupicipal Fund as may be determined by them.". -

64. In the principal Act, section 402 shall be omitted.


. .
Amm-t .65. In tho principal Act, in section 403 and its marginal baading, the words*
&:* and figure "or superseded under section 402': "or mpen?crrionWmd "or superecde#-
shall be omitted.
OrnMO.Oi 66. In the principal Act, Chapter --A shaU be omitted.
%%
!
Ammdment '67- In tbc principal Act, for sstion 423, the following section shalt be t. -
of
423. substituted, namely :-

"423.(1) Notwithstmdig anything containedin this Act, when any area is


specified as a transitional area, smaller urban arm or larger urban area as
referred to in sub-section (2) of setion 4, for the first t h e , until a Municipality
is constituted for that area in accordance with thc provisions .bf F s Act a person
appointed by the State Oovemmcnt as Administrator shall aerclse the powers,
discharge thc ,duties and perform the functiom of Municipality for that areit
including that of its Chairpornon.

(2) The Admiaistrator appointed under sub-section (I) may, if thc State
Government so direct, reccive such payment for his services from the Municipal
Fmd, that may , b e constituted for such Municipality, as may be determined by
the Government.".

6g. In the principal Act, far the expressions.


(a) Lamunicipality"and "municipalities" wherevcr they occw conve@
the meaing of an area or m a s , as lhc m e may b:, the expressions
"Municipal area'' and "Muaicipal areas" &alI,, respectively be
subtimtzd;
,
(b) '' council " and " couacils" wherever they occur, the expressions,
" Municipality " and "Municipalities ". shall
. respectively be nubetituted;
and

(c) "municipal coupcil" and "municipal councils" wherever they occur,


the expressions "MunicipaIit~'' and "Municipditiee" shall respctiyely
be substituted.

(d) "Chairman" and .''Vice-chairman" wherever they occur, the expregiona


"Chairpersod' and "Vice-Chairparson" shall respectively be substituted,
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TILIEO R M A iVIUNICiPAL (AiiLVDiyILNT) ACT, l995

'
1. Short title and comm.e~ccrnent

2, Amundment ofsection 11 .

8. Amendment of section 12
4, Amendment of section 13

5. Amendment of section'47

6. Saving -
-
7. R t p d and 'savingr
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4. In m i o n 13 of the principa! Act, e fter subsection (3); the following sukcction


of
'

rhrl1 bq inserled, namely:- . . I

"(4) Nothing in this section shall debar the Election Commission 'to
qdopt, or. provide for, any othe~mode far preparation of electoral roll&, ,
far the purpose of electifins t~ Municipalities. ":
- ,

1
Amon-
d d w . 5. In section 47 of thc - principal. Act,-
41. (0 in su-ion-(3),-
.- (a) in elanso (c), fat' the nqds "and the ~chsduledTribcs"tha comma,
J ' . .
. and words. "the ,'Scheduled . Tribeg and the 'backward class o ' . .
I citizens" shall be substituted; and , f. . ,

. ; -
. .

(b) -forslat& (d) - the following olaus~s shall h aubstikted,': - '.


, '
. .
"(4as ne&ly as mayb, but not leas Lb'an, twenty-seven perccntum
of the o f f i ~o f Chairperson6 'ofMunicipalities swl..also :bo r&md
in favour of hckward class of citizens as M a d to ,inclause (6) d
Micle 243-Tof the Constitution; and
I
' h, one-.third of the total n u m b e - o f scats
(e) as neorly as may
re'1md under -clam (d) shall be reserved for worn* belonging to the ,
backward
- . ,
clasa of citizens.". . ' .
. .

. .
(fl) to nubsection (4), tho following proviso sbdl be added,. naniely : -
?
. -, '4~~rided that the p r d d u r e provided in sub-section (3-A) of
'

- . section 12 plating to reservation of suats in the Municipalities for the ,


Scheduled CBt&, Schedded Tribes, backward class of d h n s and , , .. .\

.women shall, as far as may ba, be.applicable,for the purpose of reservatjm


b of offiw of Chirpersons to bo made the State G o v e r n a t under -
this subsection." ; and
, .
( f i ~m the opning portion bf sub-mtion (9, for tho .bracket; md ,

"(I)", fbe -brackets


. and-figure "
(2)
" ahdl k substitutd. -
-&
, -
' 6. The ambndments made by this Act, shall not-
, . - .
- , (I) aEect the. mntinuahcce 'of tho Municipatitias existi= at the rnrnmen&rnt
pf thh Act; and
I '
. .
,
(a a l i to the :law in forcoin the Scheduled Afcas referred. t o in claunc (1)
.

- sP
0 Artlctd 244 of the Conatihtfon.

t) Ordinanc~,1995 is h~rcbyrekale& (MU


3 && 7. ( I ) The 0iiasa Munjcipal (~mendmca
, -

(2) ~ o k t b t a n d i n gsuch repeal, anything. done os any action taken under :&YOi- .
UN pMpa1 Act as amended by,the said Ordioanw shall be deemed to have been
I ,dono cq taken under the principal Act as amended by this -Ad. - I
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. . L . .
THE ORItSSA MUNICIPAL (AMENDMENT) ACT, 15)9C

TABLE OF CONTENTS

I. Short title

2. Ammdmcnt'of section 12

3. Anltodment of section 401.


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*THE ORlSSA MUNICIPAL ( AMENDMEW ) ACT, 19%


[ Received the @sent of the Governor on ?he 21st April 1996, Firs! ptrbllshed In
an extraordinary issue of rlre Orissa Gazetre, doted the Zrid M a y 1996 ]

BE it e n ~ c t e dby the Lcdslature rf the Stare of Orisro in the Forty-seventh Yosr


of the Republic of India as follows :-

Shod title 1. This Act may be called the Orissa Municipal ( Amendment )Act, 1996.

, mendm meat 1 . Ln section 12 of the Orissa Municipal Act, 1950 (hereinafter referred to as the orisw Act
ofSection 12. prinicipa1 ACI),in >ub-rection (11,- 23 of 1950.

( i ) the proviso appearing after clause ( I )shall be omitted ; and


1
(ii] clausr (c) including I he .proviso appearing t herearler sball bc dmitted.

Amendment ~ for sub-section (31, the following sub-section


3. In section 401 of the p r i n ~ i p aAct,
of Section shall be substituted, namely:-
401.
( 4
(3) .Onend with effect from the date of publication of such notification, all tho
Councillors including the Chairperson and Vice-Chairperson ~f the Munici.
palily Shall be deemed to have vacated their office a6 such-and the election
to constitute the Municipality in accordance with the provisione of this Act
shall be completed before the expiration of a period of 'six months i r o n the
said date:

Provided that where the remainder of the period for which the diss*lved Munici-
pality would habe continued is less than six months, it shall not be necessary to hold

-
any election under this stlb.section for constituting the Municipality for such

' - period.".

For the BiIt see Orlsso ~ o z i ~Extraordinary,


ie dared Qe 14th Manb, 1996 [No.272)
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ORISSAACT 15 OF 1996
*THE ORISSA MUNICIPAL (SECOND AMENDMENT) Am,1996
1 Received the a ~ e r o~f cthe Golvcrnor 011
the 291hDPce~nber, 1996 jrsr published irr a!]
ex[raordirtmy issrie 0 1rhe Orissa Gazette,doied fhc 31sr December 1996 ]

B E i t enacted by the Lilgislature of the Statc of Orirsn in the Forty saventh


Yeas of the Republic of India as follows :-
Ghorl l i t ~ ~ 1. ( I ) This Act may be calIed the ~ r i s s a Municipal (Second ~mendment)
and Act, 1996.
c-m
mcnt. (2) It sha11 be deemed to have came into force on tho 18th day of o c t o k , II

1996.

o f s w t i 47 h
2. In section 47 of the Orissa MunicipaI Act, 1950 hereinafter refared to as o a a Act.
~ ~thprincipal Act), in clause (a) of subseetian(3), for t e wo ds "in the State230f1950,
bears to the total population of the State" appearing at the end, the words
fi

"in the ,Municipal areas of the State bears to the total population ofsuch Municipal
areas'.' shall be sustituted.
Reptar 3. (1) he Orissa Municipal (Amendment) Ordinance, 1996 is hereby repealed. Oriw .
savings. Ordinance
No. 3 of
1996.
(2) Notwithstanding such rcpeal, anflhin6 done or any action taken under .
the principal Act as amended by the said Ordinance shall be &mend to have
been done or taken undm the principal Acr as amended by this Act.

*Forthe Bill, w Orlssa Gazette Extraordinafi, dated Lhc 27th November, 1996 (No.1245)
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TABLE OF GONTBNTS
PRHAPIBLB
1

1. Shod title and coianoaxsant I


2 Amendment of &on 4j

3. Amendment of aectlon 16"


C

4.' laeerdon of new section 17-A d . , : , - , . . 4,

5. Amendment ofsection 63, . .

, 6. Amendment of section 731


. .
' 7. Imrtion of new sdions 73-A,73-B and 73-C , .
-
8. Amendment of section 75: -
9. Amendment of section 1243

10. Amandment of section 38%

12 Amendment of sohedule V ,
13. Repeal md S a d e :
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. ORTSGA
ACT 10 OF 1997 '

*THE ORTSSA MUNICIPAL (AMENDMENT) ACT, 1997


[Received the ossent oftlte G o v e r ~ ~ oonr xire 19th October 1997, j r s t publislzed in drr
extraordinary issue of the O r i s s ~Gazcttc,dored the 21st Oclobef I997 ]

B a it maated by tho Legislature of f he. Stateof Orisss in ' the Forty-eighth Year
of the Republic of India as follows : -
Bhort tit!o 1. (1) This Act may be called the Orissa Mufiici~al(Amendment) Act, 1997.
and
mmmcDFP (2) It shall be deemed t o have come into force on thr 19th day of May 1997.
mcat. --q
m&mmr a. In scction 4 of the Orissa Municipal Act, 1950 (hereinahcr refcned to as tha ortrsa ~ c t
ofsectlon 4. principal Act), before the Explanation in sub-section (23, the following proviso sha11230f 1950-
be inserted, nnmcly :-
"Provided that before publication of the notification under tbjs sub-section;
the State Government shall publish in thc prescribed manner a draft of such notifi-
cation inviting objections and suggestions from all persons likely to be affected
thereby within scch p d o d as ma9 be prescribed. and shall consider the objections
and suggestions, if any, as may be received on the said draft.".

-dment 3. Tn section 16 of thc principal Act, &er clause (mi9 c f sub-section (1). the
of following clauses shall be inserted, namely :-
stcllon 16.
"(xvlii) has given appoinlrnent lo any person in contravention of the provisions
- of this Act and the rules made thereunder during his tenure in the .
-Municipalityimmediately preceding the election ;
( r l x ) has been removed ur.der section 53 during the' ierm of his ofice as
the Chairperson or the Vice-Chairperson of the Municipality immdately
preceding the election.".

-[on d 4. h the principal Act, after section 17, the followjng section shall be inserted,
new seclloo namely :-
17-A.
Mmltatlon "17-A. ( I ) No candidate for an- election a$ a CouncilIor to a Municipality
on al~ctIon shall, either by himself or through any person authorjsed by.him, i n c ~ r
expenditure expenditure in connection with such election an amount exceed~ng twenty-
and amunts five thousand rupees I
thereof. .
Provided that the EIection om mission may, by notifieation from time
t o time and in consultation with the State Government, enhancc the limit of
such expenditure up to fifty thousand rupees.
(2) For the purposes of thIs section, every candidate referred t o ' in
sub-section (0shalI maintain, or cause to be maintained, a true and
separateaccount' of all expenditure incurred or authorised by him in
connection with the election between the date on which he has been '

nominated as n candidate and the date of declaration of the result of the


eIection. -
(3) Any Person who contravenes any of the provisions of this section h a l l
be deemed to have commilted corrupt practice within the meaning of
section 28.
(fl The account shall contain such particuIars as may be notified by the b -
Election Commission. :q
*-*%-
u..
I -
- 'i..
1..

,.
<.-

(5) Within one month fr-om the date of declaration of the result of the I :.
election, every candidate, either or t brough hls agent, ahall -
lodgc or causo to be lodged, with the Election C o ~ i s s i o nthe account of
the eIection expendi turn maintained under sub-section (21.".
- -
. P J th: Ggzcrte, Bxtraordloary dated the 15th ~ e p b b e r1997 (NO.116%
~ 3illsm O~JTJLI
m . .
,.,
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Amcndmt 5. In section 63 of the principal Act, after the -words "convenient place", the
orsection63* words "within the Municipal area" shall . be inserted. ,

Am,gdmcnL 6 In section 73 of the principal Act, in sub-section (2), for


, tho wards
of seclion 73. "six mohlhs", the words "Corty-four days" shall be substituted.
m-:, - .-a
i-

b f i i o n of :
7. I n the principal Act,!. aitcr section 73, tbc following new scclions shalt bc
WEW sectlousinserted, namely :-
73-A, 73-B
and 72-12,
Panaltics. '
"73-A. (1) Where any 'holder of sn electivz oficc or any oBcer or authority
makes any appoi~tmest,or causer; any appointmcnt to be made, in contravenlion
of the provisions of this Act,- C

- 2---
(a) it shall be deemed in the case a f the holder of an elective &ce that he
has sbus$d his position or power and accordingly the State Government
shall mitiate proceedings for his removal ; and .
(b) in the case of an o&er or authorily, it shall be deemcd Ibat .hc is guilty
of misconduct and the compctent authority shall initiate aclion under
thcrelevant disciplinary rdcs,
and such holder of elective ofbce or the officer or: authority, as the case may
be, shall he punishable with imprisonment for a tcrm which shall not be ks,s -
than six months but which may extend up to two years and also with me
. which shall not be less than, five thousand rupees and wbich may cxtepd
. .
up to ten thousand rupees.
(2)In addition to taking action under . sub-section ( I ) , the* pay and
ellowances paid to the person ,whose appointmcnt is in coniraventbon of the .
pr.ovisions of this Act shall be deemed to be ao illegal payment and a loss to
. the Municipality and the same shall b0 recoverable by surcharging it under
the Odssa LocaI Fund Audit Act, 1948 aggast such holder of elective office,0d-mAct S
oficer or aut!ority FGbo rnak~s such appointment.' of 1948.
(3) No court shall take ~ & i z a n c c o f an oKence ~unishableunder sub+ection
(1) except with the previous sanction of the State Government. . -
, Bar lor 73-B.No person who js appointed on a temporary basis under sub-scctioo
r e ~ u l d s a - ' (2) of section- 7 3 and is continuing as -such at the commencement of the
donof Orissa Municipal (Am~ndment)Act, I997 shalI haveor shall be deemed eier'to
6ervIcea'
have a right to claim for regularisation of hissgfyicw on apy ground whatsoever
and' the services of such person shall be liable to be terminated 'at any time
pithout any n o h e and without assigning any reason thercqf : B

Provided that jn cwe of workmen falling within the scope of section 25-F
of the Industrial Dispuies Act, 1947, one month's wage$ and such compensation 140f1947.
as .would be payable under the said section shall bp paid case pf termina- . + $
tion 6f services.
Abatement 73-C. NoiyithstapdinG - anyflling coqt ained in any judgerncot, decree pr ordet
o r d ~ ~ of. any court, tribunal or otbor authority, t h ~claiqs for r&ular a p p 6 i n ~ n tof
,
11%.
. . _I.
711 gepqns appointed O R a teplporarY basis un+r sub-sccbqn
& g l l ~ l . q dabated .md, ayordingly;- ' '" '
. . , . , (2) of SecMn 73
'(a) no suit or other proceeding shall be instituted, maintained nr continued
- .in any court, tribunal or other authority by the temporary appointees
a&aingt.Ffif M ~ n P i p - d i tor
~ any .
. person or
, authority
, whatsoever
. = . , for the
regul@lsat~on
.,, of tbe servivs;
, ,

(b) no court shall enforce, aDy decree or order directing the regularisation
of the services of such
.,, .
persons; a=d
(c) all proceedings pending in any court or tribunal claiming t h ~ regularisation
of services cf such persons shall abate.". " -
. a '

mnarnen~ 8, In
sq~tion75 of the prjyE/pal
ofsecli0n75.primflp) sc!iaoIa'!~shal:l!bj qqitJ,eP, .
'4
, in the @ s t
::I
provisg,
.. I
the words "al
I I . I

~madment 9. ln section 124 of the principal. Act, ; the word - and comma ''school,"
of=clion
u4- . :., in-
occufring
1 ..*" . - . , (1),. and -~ub-secuon(2) shall be omitted.
. sub-seclioq 11 4
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hefldmont 10. Section 382 of the principal Act, shall be renumbered as sub-sectton (1)
4Fsecii0n.
382. thereof and, after sub-seetion ( I ) as so renumbered, the following sub-section
shaIl be inserted, namely:-
"(2) Nothing 'in sub-section ( I ) shall apply to a person who is liable under
scctim 73-A.".
Amendment 11. In Schedule IV to the principaI Act,-
of Schedule
I V. (a) for the word "Ditto" occurring in column 4 against section 258, the
words "Five hundred rupees" shall' be substituted; and
(b) for the word "Ditto" occurring' in kol&n 4 aganirt section 259, tho
words "Fifty rupees" shall be Substituted.
Amendment 12. In Schedule V to the ~rincipalAct,-
of Schedule
V. (a) for tha words "Ten rupees" ocourring in column 4against section258, tho
words "One hundred rupees" shall be substitutud; and
(b) for the word "Dilto" occurring in column 4 'Gainst section 259, the words
"Ten rupees" shall be substituted.
Reml and 13. (1) The Orissa Municipal (Amendment) Ordinance, I997 is hereby Orirrsa Ordi.
Savings. repealed. nmco No. 2
of 1997.
Nptw'ithstandi~~such repeal, anything done or any action taken under
.(?Im
the pr~nclpalAct as smended by the s a ~ dOrdinance shall be deemed to -have
-been done or taken under the principal Act,as amended by this Act.
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71

ORISSA ACT 6 OF 2002

THE ORISSA t l U X C I P A L ( AMENDMENT ) .iCT,2792

TABLE OF CONTENTS

PRaAMBLa

Secno~s

1. Short title

2. Amendment of, rection 3

3. b a n d m e n t of section 8

4. Imrtion of new section 11-I3

5. Amendment ofsectlon 12

6- Amendment of section I6

7. Amendment of section I 7

8. Amendment of section 30

9, Insertion ofinew section 37-A

.jO. Amendment of section 47

j1. Omission of section 49-A

.12. Amendment of section 53

13. ~mendment of scction 54

14. Insertion of -new s6ction 73- D

15. Amondmeni of section 81-B


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ORISSA Am 6 of 2002
. THE ORISSX MUNICIPAL (AMENDMENT ACT, 2002
[ ~ e c d i v c d the assetit of the Governor on llre 23rd Aprrl2002,firs r prrllishcd i n a11 I xf,aorriir
issue of -(be Orissa Gazeltc, dated Ihc 26111April, ZUOZ (Nu.556) ] < .

AN ACT FURTHER TO AMEND THE ORISSA MuNICiPAL ACT, 1950.


Be it enacted by the Legislature ofthc State of Orissa in the Fifty-third Ycor
uf the Republic of India as iollows :-.

S hort title. I. This Act may be called the Qrissa Municipal (Amendment) AA, 2002
Amendment 2. b~ section 3 of thc Orissa Municipal Act, 1950 (hcreiaafter referred ofiuaAct,
o f section 3. to as tlic principal Act), altcr clause (1S), the fi dlowing clawe siiall be inserted. 23 of 1950.
namely :-

'(IS-a) "L~calFund Service" means the Lwxl F u : ~Servicc constituted


under scction 81';.
Amendment, . 3. In scction 8 of the principal Act, in the proviso toclause (b), for the
sectlOn 8- full rrtop occurring at the end, a semicolon sllall bl: substituted anC, after the
said clause, the following clause shall be inserted, namely i-

"(c) every Member of the Rousc- or the -AoPle and of thc Legislative
Assembly of the Statc representing cons1ituencies which coml?rise
wholly or partly the Municipal area and, CVerlf membet of the
Council of States registered as elector within the Municipal area :

- provided that no ouch membcr shall haw the right to attend any meeting
of the Municipality convcned under sections 47, 49 or 54 :

provided further that where any Such member b unable to attend any
'

mecting of the .Municipality (cxcept as afocesaid) for any reason, he may


a u t h o r i ~a person to attoad such mceting as his representative ,but, in no
' a s e , the representative so autborised shall have the right to Vote ,at such
meeting." , . ,. ,

Ioscrtivn of 4. After s ~ t i o n11.A of the &mipal Act. the folloiving section shnll be
W section
12-B. inserted, namely :-.

Election "11-B. Any offiwn and employees of the State Government, made available
Offic~r,
Poll. to the Elstion Commission pursuant to clause 13) 4f article 24% of the
ing O k r . Constitution for the discharge of the f~nctions conferred on 'the Election
etc. deemed
to be on Commission by clause (I) of that attictc, when appointed by the EIection
dcputatian Commission aa the Election Officer, -Polling Officer or any other Oficer, or
to Elmion I otherwise designated for the time &lag, for the conduct of any electlon under
C~mirsion. this Act, shall be deemed to be on deputation to the EIeetion Cornmiasion
for the period commencing on the dare of notihcation calling for such election ,
and ending with the datc of declaration of the rcsult of such electioa and,
accordingly, such officers and employees shall, duriog that period, bc subject
t o the control, superintendence and discipline of the BIection Commission."

5. Tn eection 12 of the principal Act,- - ,

(a) for the opening portion of sub-section (31, the following shall be
substituted, namely :-

"For the purposo of clectIon of Councillots to a Municipality, the District


Magistrate shaU, in the case of a new Municipality, of his own motion and,
in the case of a Municipality already in existence at the time the notification
- is made, afFr consulting the concerned Municipality, by not@cation,-"; and

or thc Bill, see On'ssa G a e r l e , Extraordinary, dated the 6th April 2002 (No. 499)
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(b)insub-section (3). after the proviso, the f~llowiagproviso shall be


added, namely :- .
, ..
, .
'
'"Provided further that notwithstanding aoythiig contained i'n this section,
if any psson is aggrieved by the decision as ro 'thc division of the Municipal
. . ,
,
.are? into wards or the assignment of wards, as refcrred in-cl,auses (a) and
(b), he may prefer an appeal t9 the Skate Government within fifteen days
from, thc date of publication of the notification which shall be d i s p ~ c dof
' ' ' - by the .appellate authority within thirty days from 'the date' OF its filing,
- after giving the person concerned an oppsrtr~nity 01 beins heard, and the
decision of the appellate authority shall bc final."
. .
6. In Section I 5 of the principal !let, in clause ( i v ) of subsection (I),
.the .words and comma ''a deaf-mute," shallbe omitted.
, .,
7. In Section 17 of thc principal Act, in clause (b), the words and comma
"a deaf-mute," shall be omi!ted.

8. In section 30 of tho principal Act, in subse~iion(2)' aner the words ,

"Polling OfliccrT', the words and figure 'br any other oficer, whether designated
-as Eleclion OEcer or otherwise, enyaged in or associated with the work Of
propnmtipn of electoral roIls persuant to section 13 of this- Acl" shall be
inserted. . ,
, . . ,

., 9. In Chapter-Ill of the principal ACt, after ,section 37, the-following section


shall be inserted, namely :-
. '

Protati~b: " 3 7 - ~ . ' ~-suit,


'o prosecution' or othcr lcgal protdding shall lie against the
of ~ction Election Commission or any person acting- under the direction of the Election
taken jn . ;, : Aornmissinn ,in respect of anything which is in good faith done or intended
good faith.
to be done in pursuance of the-foregoing,provisions of this Chapter or of any
order made thereunder or In respect of the tendering of any opinion by the
Election Commission to the Gbvernor or i n , ,respect of the publication, by or
under the anthorjt# 'orIhe Blection CommBsian, of any such opin~on, or any
,paper or.pr medings ". . .

Amendment . 10. In section 47 of the principal Act, for sub-section (3,


tho following
of Sedion 47. sub-section shall be substituted, namely:-
..
"(7) 1f at t h ~ s ~ b d~ ~ed ido nheld under s&satio; o chairperson
OF Vice-Chairpeaoo. as,'the case m y be, is elected, the State Government
shall nqminate a person who is otherwise etiglble ,to ,hold the office, tq fill
up the otlloe. and the person so nominated shall,. subject to other provlSl?ns
of this Act, hold oflice till the expiry of- five years from the date apporn-
ted for thc first meeting referred', t o in clause '(a) of sub-section (2) of
Section 47.". , ,

om&ion , 11. Section 49-A of the p'rincipd Act shdl be omitted.


or section'
49 A.
I -
Anlcndment 12. Tn section 53 of the principal- Act, in sub-section (I), f ~ the
r words . .
o f s a i a o 53 .dcdr by an officer not below thc rank of a District Magistrate'', tbe words
or the District Magistrate or by ano%cer not below the rank of a Deputy
Sceretary o f the State Government, as the Government
. may, by notification,
,

.direct'' sllall be substituted.

~mtn'dmbt 13. In section 54 of the principal Act, for the proviso to sub-section (I),
01 ect'ron 54. the following proviso shall be substituted, namely:-
44Pcovided that no bucb resolution recording :want of confidence in the
Cbnirperson
. . , - or the Vice-Chairperson- -
, .
:' n rears from the date of his 'election- or
(i) shall be passisd l ~ i t h ~two
nomination, as the case may be; and
. . (ii) shall *Mh i e d m a k thin once during cqendar
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I n sortion or 14. After seotion'73-C of the.pr&i&l ~ c t ,the following Sectioll shall br


new imertad, namaly :-
73-D.

Zrrcgular "73-Do Any appointment madc by a Municipality without the prcvious


apmintrnents : Sanction Of the. State Goverument as.'requicdd by sub-sectioc (1) of section 73
to bc shall be treatqd as vOi&ble.". . , .

voidable. I

Amendment 15. For section 81-B of - - tlie principal Act. the following scclion shall be
of section substituted, namely:-
81-B.
, ,

"81-B. Whenever -any officer or shvant belonging to the Local Fun& ,

. Service, Is transferred or pate-d to, 8 Municipality, rhe Excculive Officerof thc

Municipality 'from(which he innsferred #shall-be bound io -relieve him as per


orders of the State Government and -the Execigi'iie05ccrm of tbe ,Municipality
. to which hc is so transferred or ,posted shall: bc boun? to. a a p t his joining
' repoh forawilh, cmploy him in the service of Municjpaliry and pay nil
amouats due to him on account of his pay, aIlowances - ; ~ n dolber dues from our
of the Municipal Fund.". , .. . - .- . - .- . -- I .

", ., .. . .- . , I ;.,. . , - . - 0

. .
- , A
I '
. .'..,'- . , . 8 , , ,
, '
. ,
0- - , . ,

.,
I . .
, . , , '.:,. ( . m. ,
,
. ..
I , . , .,.' .. .' : ,.
. ,
, I . :/:. , I

, ,
I . . . . . .
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ORISSA ACT 3 OF 2003


THE ORISSA MUNICIPAL(SECOND AMENDMENT) ACT, 2002

[ Received the assenl of the Governor on the 16th January 2003, firs1
published in an extraordinary issue of Ihe Orissa Gazetie, dated Ihe 24th
January, 2003 (No. 103) ]
I

AN ACT FURTHER TO AMEND THE ORISSA MUNICIPAL ACT. 1950.

BE it enacled by the Legislature of the State of Orissa in the Fifty-third


Year of the Republic of Ipdia as follows :-

Shod We. - 1. This Act may be called the Oriisa Municipal (Second Amendment)
Act, 2002.

Amendment 2. In section 13 of Ihe Orissa ~ u n i c i ~~a cl t1950,


, for
in sub-seclion [I), - Orissa Act
nf seclim 23 or 7950:
1s. the words "Except as otherwise provided in (his Act or the rules made
[hereunder", the words "Unless the Election Commission, by order published

I in the Gazelte, directs otherwise"shall be substituted.

For Ihe Bill, see Orissa Gazelle Extraordinary dated b e 201h December, 2002 (No. 2327)