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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)
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.
(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,-
(ii) for the words his councillorship, the words and commas his
Chairmanship or councillorship, as the case may be, shall be
substituted.
(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
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.
(a) on the expiry of his term of office as, or on his otherwise ceasing to be
a Councillor of that Municipal Council; or
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..
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
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]
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).".
~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.
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.
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.
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
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 -
TO AMEND
AN Acr FURTHER THEOR~SSA
MUNICIPALACT, 1950.
For the Bitl, 5e-c Orisso Gazette, Extraordinary, datcd the 10th July 1992 ~ 0 . 9 ~ 8 )
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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- '
-,
- . -
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
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
'
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, .
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.
Rcpcal and
savings.
31. ( I ) The Orissa Municipal (Amendment) ~rd&ance, 19& is -.
;
hereby repea1ed.C or ~992.
6. Amendment of section 8 .
- 7. Amendment of section 9
8. Amendment of section 10 - .
, .
' 9. Amendment of section li '
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
. . '
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' '
[ 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.
' (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 '
*For the Bill see O a s a Qa-tre, Extraordinary, dated the 30th.hfareh 1W4 Vo. 376)
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(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
,
'. (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";
(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
,
(4) ,wheu any, ridnsitional, area or kmalle~ urban area withln tlis meanina of
sub-section (2),is subsequently specified to be,-
. ,
(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
. 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:
-
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.
-
(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 .
. 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
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
,
. , . .
- 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.
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 ,.
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
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) 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 ,
. , . 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
, . 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. '
-.mn , -
,and VIC~.
aairgcrson. (2) The Counciliora of the Municipality sepcified in clause (a) of section 8
shsll, -
among them;
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42
.,
' ' ' 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 . '
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.," ,
%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.
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.
. .
(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 '
,
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 ~ ; ~
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;
%ct as a whole.
. ,
(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;
(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.
'
-
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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(iij in ths second proviso, the words "or the Additional Vict-Chairman" shall
k cmirtcd.
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.
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 .
(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
,
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. ,
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.
" ~ 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
I
(c)' in clause (xxv), for the-commasand words. ",Vice-chairman and Additional ,
- (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.". -
(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.".
'
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) 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. . ,
. ; -
. .
. .
(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
'
- sP
0 Artlctd 244 of the Conatihtfon.
(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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THE ORItSSA MUNICIPAL (AMENDMENT) ACT, 15)9C
TABLE OF CONTENTS
I. Short title
2. Ammdmcnt'of section 12
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.
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.".
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 ]
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
12 Amendment of sohedule V ,
13. Repeal md S a d e :
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. ORTSGA
ACT 10 OF 1997 '
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 '
,.
<.-
(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. ,
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
TABLE OF CONTENTS
PRaAMBLa
Secno~s
1. Short title
3. b a n d m e n t of section 8
5. Amendment ofsectlon 12
6- Amendment of section I6
7. Amendment of section I 7
8. Amendment of section 30
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) ] < .
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 :-
"(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
'
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."
(a) for the opening portion of sub-section (31, the following shall be
substituted, namely :-
or thc Bill, see On'ssa G a e r l e , Extraordinary, dated the 6th April 2002 (No. 499)
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"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. . ,
, . . ,
~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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voidable. I
Amendment 15. For section 81-B of - - tlie principal Act. the following scclion shall be
of section substituted, namely:-
81-B.
, ,
", ., .. . .- . , I ;.,. . , - . - 0
. .
- , A
I '
. .'..,'- . , . 8 , , ,
, '
. ,
0- - , . ,
.,
I . .
, . , , '.:,. ( . m. ,
,
. ..
I , . , .,.' .. .' : ,.
. ,
, I . :/:. , I
, ,
I . . . . . .
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[ 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
Shod We. - 1. This Act may be called the Oriisa Municipal (Second Amendment)
Act, 2002.
For Ihe Bill, see Orissa Gazelle Extraordinary dated b e 201h December, 2002 (No. 2327)