Orissa Municipal Act 1950 Complete Act - Citation 136305 - Bare Act

Act Info:

ORISSA MUNICIPAL ACT, 1950

*ORISSA MUNICIPAL ACT, 1950

[Act 23 of 1950]

[11th November 1950]

PREAMBLE

An Act to consolidate and amend the Law relating to Municipalities in the State of Orissa.

Whereas it is expedient to consolidate and amend the law relating to Municipalities in the State of Orissa:

It is hereby enacted as follows :

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* Published vide Orissa Gazette Ext. 11.11.1950 Orissa Act No. 23 of 1950. For Statement of objects. Reasons see Orissa Gazette, Ext./25.3.50 and for report of Select Committee, see Orissa Gazette Ext./29.7.50.

It came into force on the following areas on the 16th April, 1951 vide Notification No. 3000-L.S.G. 16.4.1951. published in the Orissa Gazette Ext. of the even date.

Areas- Cuttack, Jajpur, Bhawanipatna, Purl, Berhampur, Balasore, Paralakhemundi, Dhenkanal, Sambalpur, Barlpada, Keonjhar, Kendrapara, Bolangir, Deogarh, Sonepur and Sundergarh.

It came into force in Bargarh and Jeypore. on the 28th August, 1951 vide notification No. 5117-L.S.G., dated 28th August, 1951, published in the Orissa Gazettee Pt.III. 1094.

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Chapter I - PRELIMINARY

*ORISSA MUNICIPAL ACT, 1950

[Act 23 of 1950]

[11th November 1950]

PREAMBLE

An Act to consolidate and amend the Law relating to Municipalities in the State of Orissa.

Whereas it is expedient to consolidate and amend the law relating to Municipalities in the State of Orissa:

It is hereby enacted as follows :

_____________________

It came into force on the following areas on the 16th April, 1951 vide Notification No. 3000-L.S.G. 16.4.1951. published in the Orissa Gazette Ext. of the even date.

Areas- Cuttack, Jajpur, Bhawanipatna, Purl, Berhampur, Balasore, Paralakhemundi, Dhenkanal, Sambalpur, Barlpada, Keonjhar, Kendrapara, Bolangir, Deogarh, Sonepur and Sundergarh.

It came into force in Bargarh and Jeypore. on the 28th August, 1951 vide notification No. 5117-L.S.G., dated 28th August, 1951, published in the Orissa Gazettee Pt.III. 1094.

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Section 1 - Short title, extent, [commencement and application]

(Substituted vide Orissa Act No. 11 of 1994 we f 31.5.1994.) (1) This Act may be called the Orissa Municipal Act, 1950.

(2) It shall extend to the whole of the State of Orissa.

(3) It shall come into force in such area or areas on such date or dates as the State Government may appoint from time to time.

(4) Notwithstanding anything contained in Sub-section(3) it shall take effect in any Cantonment or part of a Cantonment.

(5) Any notification, order or rule and any appointment to an office may be made or election held under this Act, after it shall have received the assent of the Governor and shall take effect on this Act coming into force.

(Inserted vide Orissa Act No. 11 of 1994 w e f 315 1994.) [(6) Nothing in this Act shall apply to the scheduled areas referred to in Clause (1) of Article 244 of the Constitution.]

Section 2 - Enactments repealed and amended

On and from the date this Act comes into force in any local area or areas the enactments specified in Scheduled I and Schedule II so far as they are in force in the State of Orissa; shall be repealed to the extent mentioned in third column of Schedule I and be amended to the extent and in the manner mentioned in the third column of Schedule II.

But this repeal shall not revive any office, authority or thing abolished by such enactment or affect the validity of anything which has been done or suffered or any right, obligation or liability which has accrued before the commencement of this Act.

Section 3 - Definitions

In this Act, unless there is anything repugnant in the subject or context-(Inserted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.) [(1) "Assembly Constituency" shall have the same meaning as has been assigned to it in Representation of the Peoples Act, 43 of 1950;

(Renumbered ibid. (1-a) "building" includes a house, outhouse, stable, latrine, shed, hut, wall (other than a boundary was not exceeding ten feet in height) and any other such structure, whether, or masonry, brick, wood, mud, metal or any other material whatsoever;]

(2) *building line" means a line which is in rear of the road alignment and to which the main wall of a building, abutting on a road, may lawfully extend;

(3) "carriage" means any wheeled vehicle with springs or other appliances acting as springs, which is used for conveyance of human beings and includes any kind of bicycle, tri-cycle, rickshaw, cycle-rickshaw, but does not include a motor vehicle within the meaning of the Motor Vehicle Act, 4 of 1939;

(4) "cart" means a vehicle ordinarily drawn by animals and not ordinarily used for conveyance of human beings;

(5) "conservancy" means the removal and disposal of sewage, offensive matter and rubbish;

(6) "company" means a company formed and registered under the (Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [Companies Act, 1956 (1 of 1956) or an existing company as defined in the said Act and includes any firm or association carrying on business in the State of Orissa whether incorporated or not and whether its principal place of business is situated in the said State or not;

(7) "compound" means land, whether enclosed or not, which is the appurtenance of a building or the common appurtenance of several buildings;

(Inserted vide Orissa Act No. 16 of 1968 w.e.f. 1.6.1968.) [(7-a) "Director" means the Director of Municipal Administration appointed under Section 393-A);

(8) "drain" includes shewer, a house-drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying of sewage, offensive matter, rain water or sub-soil waters;

(Inserted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [(8-a) "Election Commission" means the State Election Commission consisting of a State Election Commissioner appointed by the Governor under Article 243-K of the Constitution];

(9) "filth" includes sewage, night soil, dung, dirt, putrid and putrefying substances and all offensive matter;

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[(9-a) "Finance Commission" means the Finance Commission constituted by the Governor under Article 243-I of the Constitution;]

(10) "food" includes every article used for food or drink by man other than drugs or water and any article which ordinarily enters into or is used in the composition or preparation of human food, and includes ice, flavouring matters and condiments;

(11) "holding" means land held under one title or agreement and surrounded by one set of boundaries:

Provided that where two or more adjoining holdings form part and parcel of the site or premises of dwelling-house manufactory, ware-house or place of trade or business such holdings shall be deemed to be holding for the purposes of this Act.

Explanation- Holdings separated by a road or other means of communication shall be deemed to be adjoining within the meaning of this proviso.

(12) "house gully" means a passage or strip of land, constructed set apart or utilised for the purpose of serving as drain or affording access to a latrine, urinal, cesspool or other receptacle for filthy or polluted matter to Municipal servants, or to persons employed in the cleansing thereof or in the removal of such matter therefrom and includes the air, space above such passage or land;

(13) 'house' means a building fit for human occupation whether as a residence or otherwise, having a separate principal entrance from the common way and includes any shop, workshop or warehouse:

(14) 'hut' means any building, which is constructed principally of wood, mud, leaves, grass or thatch and includes any temporary structure of whatever size, or any small building or whatever material made, which the Council may declare to be hut for purposes of this Act;

(15) "latrine" includes privy, water closet and urinal;

(Inserted vide Orissa Act No. 6 of 2002, O.G.E. No. 566, Dt. 26 4 2002)

[(15-a) "Local Fund Service" means the Local. Fund Service constituted under Section 81']

(16) "the Magistrate of the district" means the District Magistrate and includes any Magistrate subordinate to the District Magistrate to whom he may delegate all or any of his powers under this Act;

(17) "market" includes any place where persons daily or periodically assemble for the sale of meat, butter, ghee, fish, fruit, vegetable or livestock;

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[(17-a) "Municipal area" means the territorial area of a Municipality;

(17-b) "Municipality" means a Notified Area Council or a Municipal Council or a Municipal Corporation];

(18) "nuisance" includes any act, omission, place, or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or bearing or which is or may be dangerous to life or injurious to health or property;

(19) "Occupier" includes any person for the time being paying or liable to pay to the owner the rent or any portion of the land or building or part of the same in respect of which the word is used;

(20) "owner" includes-

(a) the person for the time being, receiving or entitled to receive whether on his own account or as agent, trustee, guardian, manager or receiver for another person or for any religious or charitable purpose, the rent or profits of the property in connection with which the word is used; and

(b) the person for the time being in charge of the animal or vehicle, in connection with which the word is used;

(21) "offensive matter" means dirt, dung, putrid or putrefying substances, and filth of any kind not included in the term "filth";

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[(21-a) "Panchayat" means a Grama Panchayat as defined in the Orissa Grama Panchayats Act, 1964 (Orissa Act 1 of 1965) or a Panchayat Samiti as defined in the Orissa Panchayat Samiti Act, 1959 (Orissa Act 7 of 1960) or a Zilla Parishad as defined in the Orissa Zillla Parishad Act, 1991 (Orissa Act 17 of 1991)];

(22) "part of building" includes any wall, underground room or passage, verandah, fixed platform, plinth, staircase or door-step attached to or within the compound of an existing building or constructed on ground which is to be the site or compound of a projected building;

(23) "Platform" means any structure which is placed on or covers or projects over any road or any open drain;

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[(23-a) "Population" means the population as ascertained at the last proceeding census of which the relevant figures have been published];

(24) "Prescribed" means prescribed by rules made under this Act;

(25) "Private market" means a market other than a public market;

(26) "Public market" means all markets which are acquired, constructed, repaired or maintained out of the Municipal Fund constituted under Section 114;

(27) "Private road" means any street, road, square, court, allay, passage or riding path which is not a 'public road' but does not include a pathway made by the owner of premises on his own land to secure access to or the convenient use of such premises;

(28) "Public health" includes water-supply, conservancy, drainage and any other measure for the improvement of the sanitation and the prevention of public nuisance;

(29) "Public road" means any street, road, square, court, allay, passage or riding path over which the public have a right or way, whether a thoroughfare or not, and includes-

(a) the roadway over any public bridge or causeway;

(b) the footway attached to any such road, public bridge or causeway; and

(c) the drains attached to any such road, public bridges or causeway and the land, whether covered or not by any payment verandah or other structure, which lies on either side of the roadway up to the boundaries of the adjacent property whether that property is private property or property belonging to the State;

(30) "Public water courses, springs, wells and tanks" includes those used by the public to such an extent as to give a prescriptive right to such use;

(31) "reconstruction of a building" includes-

(a) the erection wholly or partially of a building after more than one-half of its cubical contents has been taken down or burnt down, or has fallen down, whether at one time or not;

(b) the re-erection wholly or partially of any building of which an outer wall has been taken down or has burnt down or has fallen down to, or within ten feet of the ground adjoining the lowest storey of the building, and of any frame building which has so far been taken down or burnt down or has fallen down as to leave only the frame work of the lowest storey;

(c) the conversion into a dwelling house or a place of public worship of any building not originally, constructed for human habitation or for public worship, as the case may be, or the conversion into more than one dwelling house of a building originally constructed as one dwelling house only or the conversion of a dwelling house into a factory;

(d) the re-conversion into a dwelling house or place of public worship or a factory or any building which has been discontinued as, or appropriated for any purpose other than a dwelling house or of a place of public worship or a factory, as the case may be;

(32) "residence"-"reside"- a person is deemed to have his 'residence' or to 'reside' in any house if he sometimes uses any portion thereof as a sleeping apartment; and a person is not deemed to cease to reside in any such house merely because he is absent from it or has elsewhere another dwelling in which he resides, if he is at liberty to return to such house at any time and has not abandoned his intention or returning;

(33) "rubbish" means dust, ashes, broken bricks, mortar, broken glass and refuse of any kind which is not 'filth';

(34) "scavenger" means a person employed in collecting or removing filth, in cleansing drain or slaughter houses or in driving carts used for the removal of filth;

(35) "road-alignment" means line dividing the lands comprised in and forming part of a road from the adjoining land;

(36) "water courses" includes any river, stream or channel whether natural or artificial;

(37) "year" means the financial year.

Chapter II - CONSTITUTION OF MUNICIPALITIES

In this Act, unless there is anything repugnant in the subject or context-

(Inserted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.) [(1) "Assembly Constituency" shall have the same meaning as has been assigned to it in Representation of the Peoples Act, 43 of 1950;

(Renumbered ibid.) (1-a) "building" includes a house, outhouse, stable, latrine, shed, hut, wall (other than a boundary was not exceeding ten feet in height) and any other such structure, whether, or masonry, brick, wood, mud, metal or any other material whatsoever;]

(2) *building line" means a line which is in rear of the road alignment and to which the main wall of a building, abutting on a road, may lawfully extend;

(4) "cart" means a vehicle ordinarily drawn by animals and not ordinarily used for conveyance of human beings;

(5) "conservancy" means the removal and disposal of sewage, offensive matter and rubbish;

(7) "compound" means land, whether enclosed or not, which is the appurtenance of a building or the common appurtenance of several buildings;

(Inserted vide Orissa Act No. 16 of 1968 w.e.f. 1.6.1968.) [(7-a) "Director" means the Director of Municipal Administration appointed under Section 393-A);

(9) "filth" includes sewage, night soil, dung, dirt, putrid and putrefying substances and all offensive matter;

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[(9-a) "Finance Commission" means the Finance Commission constituted by the Governor under Article 243-I of the Constitution;]

(11) "holding" means land held under one title or agreement and surrounded by one set of boundaries:

Explanation- Holdings separated by a road or other means of communication shall be deemed to be adjoining within the meaning of this proviso.

(13) 'house' means a building fit for human occupation whether as a residence or otherwise, having a separate principal entrance from the common way and includes any shop, workshop or warehouse:

(15) "latrine" includes privy, water closet and urinal;

(Inserted vide Orissa Act No. 6 of 2002, O.G.E. No. 566, Dt. 26 4 2002) [(15-a) "Local Fund Service" means the Local. Fund Service constituted under Section 81']

(16) "the Magistrate of the district" means the District Magistrate and includes any Magistrate subordinate to the District Magistrate to whom he may delegate all or any of his powers under this Act;

(17) "market" includes any place where persons daily or periodically assemble for the sale of meat, butter, ghee, fish, fruit, vegetable or livestock;

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[(17-a) "Municipal area" means the territorial area of a Municipality;

(17-b) "Municipality" means a Notified Area Council or a Municipal Council or a Municipal Corporation];

(19) "Occupier" includes any person for the time being paying or liable to pay to the owner the rent or any portion of the land or building or part of the same in respect of which the word is used;

(20) "owner" includes-

(b) the person for the time being in charge of the animal or vehicle, in connection with which the word is used;

(21) "offensive matter" means dirt, dung, putrid or putrefying substances, and filth of any kind not included in the term "filth";

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(23) "Platform" means any structure which is placed on or covers or projects over any road or any open drain;

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[(23-a) "Population" means the population as ascertained at the last proceeding census of which the relevant figures have been published];

(24) "Prescribed" means prescribed by rules made under this Act;

(25) "Private market" means a market other than a public market;

(26) "Public market" means all markets which are acquired, constructed, repaired or maintained out of the Municipal Fund constituted under Section 114;

(28) "Public health" includes water-supply, conservancy, drainage and any other measure for the improvement of the sanitation and the prevention of public nuisance;

(29) "Public road" means any street, road, square, court, allay, passage or riding path over which the public have a right or way, whether a thoroughfare or not, and includes-

(a) the roadway over any public bridge or causeway;

(b) the footway attached to any such road, public bridge or causeway; and

(30) "Public water courses, springs, wells and tanks" includes those used by the public to such an extent as to give a prescriptive right to such use;

(31) "reconstruction of a building" includes-

(a) the erection wholly or partially of a building after more than one-half of its cubical contents has been taken down or burnt down, or has fallen down, whether at one time or not;

(33) "rubbish" means dust, ashes, broken bricks, mortar, broken glass and refuse of any kind which is not 'filth';

(34) "scavenger" means a person employed in collecting or removing filth, in cleansing drain or slaughter houses or in driving carts used for the removal of filth;

(35) "road-alignment" means line dividing the lands comprised in and forming part of a road from the adjoining land;

(36) "water courses" includes any river, stream or channel whether natural or artificial;

(37) "year" means the financial year.

Section 4 - Constitution of Municipalities

(Substituted vide Orissa Act 11 of 1994 w.e. f. 31.5.1994.) [(1) There shall be constituted by the State Government-

(a) a Notified Area Council for every transitional area;

(b) a Municipal Council for every smaller urban area; and

Provided that no such Council or Corporation shall be constituted in any urban area or part thereof which the Governor may, having regard 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 as he may seem fit, by notification, specify to be an industrial township.

(2) In this section, "a transitional area" "a smaller urban area" or "a larger area" means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non agricultural activities, the economic importance or such other factors as he may deem fit, specify by notification under Clause (2) of Article 243(Q) of the Constitution.

(Inserted by Orissa Act 10 of 1997, w.e.f. 19.5.1997.) [Provided that before publication of notification under this Sub-section the State government shall publish in the prescribed manner a draft of such notification inviting objections and suggestions from all persons likely to be affected thereby within such period as may be prescribed, and shall consider the objections and suggestions, if any, as may be received on the said draft.]

Explanation-For the purposes of this section-

(a) save as may otherwise be deemed fit by the Governor, a population of not less than ten thousand, twentyfive thousand and three lakhs, respectively, may be taken as sufficient population for the purpose of specifying respectively "a transitional area", "a smaller urban area" and "a larger urban area";

(b) the factors relating to density of population, percentage of employment in non-agricultural activities, generation of revenue for local administration, economic importance and such other factors for the purpose of specifying, "a transitional area",

"a smaller urban area" and "a larger urban area" shall be such as the Governor may, from time to time, determine.

(3) Notwithstanding anything contained in this section-

(a) the territorial area of every Notified Area Council and that of every Municipal Council constituted prior to, and existing at, the commencement of the Orissa Municipal (Amendment) Act, 1994 shall respectively be deemed to be a transitional area and a smaller urban area within the meaning of Sub-section (2) of Section 4; and

(b) every Notified Area Council (including its Chairman and Vice-Chairman) and every Municipal Council (including its Chairman, Vice-Chairman and Additional Vice-chairman), continuing in office at the commencement of the Orissa Municipal (Amendment) Act, 1994 shall continue till the expiration of the term as provided in sub-section (1) of Section 41 is it stood prior to such commencement, unless sooner dissolved by resolution passed to that effect by the Legislative Assembly.

(4) When any transitional area or smaller urban area within the meaning of sub-section (2) is subsequently specified to be-

(a) a smaller urban area in the case of a transitional area, or

(b) a larger urban area in the case of a smaller urban area, then, notwithstanding anything contained in this Act-

(i) the Notified Area Council for the existing transitional area shall be deemed to be the Municipal Council for the smaller urban area so subsequently specified;

(ii) the Municipal Council for the existing smaller urban area shall be deemed to be the Municipal Corporation for the larger urban area so subsequently specified;

(iii) the Chairperson, Vice-Chairperson and other members of the existing Notified Area Council or Municipal Council shall be deemed to be Chairperson, Vice-Chairperson and other members of the deemed Municipal Council or, as the case may be, of the deemed Municipal Corporation;

(iv) all the assets and liabilities of the existing Notified Area Council shall devolve upon the deemed Municipal Council or, as the case may be, that of the existing Municipal Council shall develop upon the deemed Municipal Corporation;

(v) the provisions of this Act and of the rules, bye-laws, notifications or orders made thereunder which were in force throughout such transitional area or, as the case may be, the Municipal area shall apply to the territorial of such deemed Municipal Council or, as the case may be, deemed Municipal Corporation;

(vi) the proceedings commenced, if any, for reconstitution of the existing Notified Area Council or, as the case may be, existing Municipal Council shall continue as if such proceedings were commenced in relation to the deemed Municipal Council or, as the case may be, deemed Municipal Corporation.]

Section 5 - Application of Act and subsidiary orders in areas included within a Municipal area

(Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [When any local area is included in a Municipal area by a notification referred to in sub-section (2) of Section 4 all the provisions of this Act and of the rules, by-laws notifications or orders made thereunder which, immediately before such inclusion were 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 notification].

Section 6 - Continuance of Act and subsidiary orders in Municipal areas formed by division

(Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [When any Municipal area is divided into two or more such areas by a notification referred to in Sub-section (2) of Section 4 then, notwithstanding anything contained in this Act, all the provisions of this Act and of the rules, bye-laws, notifications or orders made thereunder which, immediately before such division were in force in any part of the original Municipal area shall be deemed to be in force in the same part of the Municipal areas formed by such division unless it is otherwise directed in and by the said notification.]

Section 7 - Abolition of Municipal areas

(1) The ¹[Governor] may by notification abolish any Municipal area to which this Act applies

Provided that--

(a) the (Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994. ) [Governor] shall before they issue such notification communicate to the Municipality the grounds on which they propose to do so, fix a reasonable period for the Municipality to show cause against the proposal and consider its explanations and objections, if any :

(b) the notification shall contain a Statement of the ¹[Governor's] reason.

(2) From such date as may be specified in such notification this Act and all notifications rules, by-laws, regulations, orders, directions and powers issued made or conferred under this Act shall cease to apply to the area previously comprised in the Municipal area the balance of the Municipal fund and all other property vested in the Municipality shall vest in the State Government and the liabilities of the Municipality shall be transferred to the State Government.

(3) All property vested in the State Government under sub-section (2) shall be applied, under the orders of the State Government to discharge the liabilities imposed on the State Government by that sub-section or for the promotion of the safety, health, welfare and convenience of the inhabitants of the area previously comprised in the Municipal area.

Section 8 - Composition of Municipalities

(Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [Every Municipality shall be composed of the following Councillors, namely-

(a) one Councillor elected directly from every Ward within the Municipal area;

(b) a person having special knowledge or experience in Municipal administration as may be nominated by the State Government;

Provided that the Councillors so nominated shall not have the right to vote at any meeting of the Municipality but shall have the right to attend every meeting thereof except the meetings convened under Sections 47, 49 and 54[;

(Inserted vide Orissa Act No. 6 of 2002, O.G.E. No. 566, Dt. 26.4.2002.) [(c) Every Member of the House of the People and of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Municipal area and every member of the Council of States registered as elector within within the Municipal area;

Provided that no such member shall have the right to attend any meeting of the municipality convened under Section 47, 49 or 54 :

Provided further that where any such member is unable to attend any meeting of the Municipality (except as aforesaid) for any reason, he may authorise a person to attend such meeting as his representative but, in no case, the representative so authorised shall have the right to vote at such meeting.]

Section 9 - Incorporation of Municipality

(Inserted vide Orissa Act No. 6 of 2002, O.G.E. No. 566, Dt. 26.4.2002.) [Every Municipality] shall be a body corporate by the name of the Municipality by reference to which it is known, shall have perpetual succession and a common seal and subject to any restriction and qualification Imposed by or under this or any other enactment shall have power to acquire and hold property, both movable and immovable, and subject to any rules prescribed to transfer and such property held by its, to enter into contracts and to do all other things necessary, proper or expedient for the purposes of this Act and may sue and be sued in its corporate name.

Section 10 - Manner of election of Councillors

(Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [(1) The election of Councillors specified in Clause (a) of Section 8 shall be held in the prescribed manner:

Provided that where such election is contested on political party basis, the candidates contesting such election shall use their respective party symbols.

Explanation - For the purposes of this Section-

(a) 'Candidates' means candidates duly sponsored by respective political parties;

(b) "party symbol" means the symbol allotted to a particular political party under the Elections Symbols (Reservation and Allotment) Order, 1968, and

(c) "political party" means a 'National party' or as the case may be 'State Party' within the meaning of paragraph 7 of the Order referred to in Clause (b).

(2) The names of the elected Councillors shall be published by the Election Commission in the Gazette.

Section 11 - Reservation of seats for Scheduled Castes, Scheduled Tribes, women and backward class of citizens

(Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [(1) There shall be reserved by the ²[District Magistrate] seats in every Municipality for the Scheduled Castes and Scheduled Tribes' and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in the concerned Municipal area or the Scheduled Tribes in that area bears to be total population of that area and such seats shall be allotted by rotation to different Wards in a Municipal area :

Provided that where the population of the Scheduled Castes or, as the case may be, the Scheduled Tribes in a Municipal area is not sufficient for reservation of any seat, one seat for the Scheduled Castes or, as the case may be, one seat for the Scheduled Tribes shall be reserved in that Municipal area.

(2) As nearly as may be but not less than, one-third of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes :

Provided that where only two seats are reserved for the Scheduled Castes or, as the case may be, the Scheduled Tribes, one of the two seats shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.

(Substituted vide Orissa Act No. 19 of 1995 w.e.f. 19.10.1995.) [(3) As nearly as may be, but not less than, twenty-seven per centum of the total number of seats to be filled up by direct election in every Municipality shall also be reserved in favour of backward class of citizens as referred to in Clause (6) of Article 243-T of the Constitution.

(3-1) As nearly as may be, one-third of the total number of seats reserved under Sub-section (3) shall be reserved for women belonging to the backward class of citizens :

Provided that where only two seats are reserved for the back ward class of citizens one of the two seats shall be reserved for women belonging to the backward class of citizens.]

(4) As nearly as may be, but not less than, one-third (including the number of seats reserved for women belonging to the Scheduled Castes ²[the Scheduled Tribes and the backward class of citizens] of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats shall be allotted by rotation to different Wards in a Municipal area.

(5) Where a particular Wards is reserved for the Scheduled Castes or the Scheduled Tribes or the backward class of citizens, or for women whether or not belonging to the Scheduled Castes or the Scheduled Tribes, and no eligible candidate is available or comes forward to contest the election in relation to that Ward, the State Government shall nominate a person who is otherwise eligible to contest such election, as the Councillor for the Ward.

(6) The procedure regarding reservation of seats for the purposes of Sub-sections (1),(2), (3) and (4) and shall be such as may be prescribed.

(7) The reservation of seats under Sub-sections (1) and (2) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.

Chapter III - ELECTION AND ELECTION PETITION

(3-1) As nearly as may be, one-third of the total number of seats reserved under Sub-section (3) shall be reserved for women belonging to the backward class of citizens :

Provided that where only two seats are reserved for the back ward class of citizens one of the two seats shall be reserved for women belonging to the backward class of citizens.]

(6) The procedure regarding reservation of seats for the purposes of Sub-sections (1),(2), (3) and (4) and shall be such as may be prescribed.

(7) The reservation of seats under Sub-sections (1) and (2) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.

Section 11-A - Superintendence, direction and control of elections to vest in the Election Commission

(Inserted ibid.) [The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to Municipalities be vested in the Commission.]

Section 11-B - Election Officer, Polling Officer etc. deemed to be on deputation of Election Commission

(Inserted vide Orissa Act 6 or 2002, O.G.E. No. 566, Dt. 26.4.2002.) [Any officers and employees of the State Government, made available to the Election Commission pursuant to Clause (3) of Article 243-K of the Constitution for the discharge of the functions conferred on the Election Commission as the Election Officer, Polling Officer or any other officer, or otherwise designated for the time being, for the conduct of any election under this Act, shall be deemed to be on deputation to the Election for the period commencing on the date of notification calling for such election and ending with the date of declaration of the result of such election and, accordingly, such officers and employees shall, during that period, be subject to the control, superintendence and discipline of the Election Commission.]

Section 12 - General Election of Councillors and formation of Wards

(Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [(1) A general election of the Councillors specified in Clause (a) of Section 8 shall be completed-

(a) for the purpose of constituting new Municipality as soon as may be, but not later than six months, after the publication of the notification referred to in Sub-section (2) of Section 4:

(b) for the purpose of reconstituting a Municipality before the expiry of a period of five years from the date appointed for its first meeting referred to in clause (a) of Sub-section (2) of Section 47;

(Omitted vide Orissa Act 8 of 1996, w.e.f. 21.4.1996.) [* * *]

(2) For the purpose of election under sub-section (1) the State Government shall, by one or more notifications published on such date or dates as may be recommended by the Election Commission, call upon all wards in the Municipal area to elect Councillors in accordance with the provisions of this Act and of the rules and orders made thereunder.

(Substituted vide Orissa Act 6 of 2002, O.G.E. No. 566, Dt. 26.4.2002.) [(3) For the purpose of election of Councillors to a Municipality, the District Magistrate shall, in the case of a new Municipality, of his own motion and, in the case of Municipalities already in existence at the time the notification is made, after consulting the concerned the Municipality by notification-]

(a) divide the Municipal area into Wards :

(b) determine, subject to other provisions of this Act, the Wards in which the seats reserved under Sec. 11 shall be set assigned:

Provided that--

(i) in-dividing a (Substituted vide Orissa Act 19 of 1995 w.e.f. 19.10.1995 ) [Municipal area] into wards, equitable distribution of population among the various Wards and the compactness or area forming each Wards shall be taken into consideration; and

(ii) the number of wards in any Municipal area shall not be less than eleven and more than forty.

(Inserted vide Orissa Act 6 of 2002, O.G.E. No. 566, Dt. 26.4 2002) [Provided further that notwithstanding anything contained in this Section, if any person is aggrieved by the decision as to the division of the Municipal area into wards or the assignment of wards, as referred in Clauses (a) and (b), he may prefer an appeal to the State Government within fifteen days from the date of publication of the notification which shall be disposed of by the appellate authority within thirty days from the date of its filing, after giving the person concerned opportunity of being heard, and the decision of the appellate authority shall be final.]

(Inserted vide Orissa Act 19 of 1995 we f 19.10.1995.) [(3-A) (a). The District Magistrate shall before making the Notification under Sub-section (3) publish in the prescribed manner a draft thereof containing a Statement showing the number of wards into which the Municipal area shall be divided, the extent of each such ward and the wards in which the seats reserved under Section 11 shall be set assigned, with a notice inviting objections and suggestions from all persons interested within the prescribed period.

(b) The District Magistrate shall consider the objections and suggestions so received and for that purpose, he may make such further enquiry as he may consider necessary.

(4) All the electors of a ward shall, irrespective of their community, be entitled to vote at an election in respect of that ward.

(5) When a new ward is formed or when an existing ward is abolished, the State Government shall, after consulting the Municipality concerned, determine-

(a) the ward which each Councillor than in the Municipality shall be deemed to represent; and

(b) the ward or wards in which election shall be held to fill up the vacancies, of any, in the Municipality.

Section 13 - Electoral Roll

(Substituted vide Orissa Act 16 of 1968 w.e.f. 1.8.1968.) [(1) (Substituted vide Orissa Act 3 of 2003, Dt. 22.1.2003.) [Unless the Election Commission, by order published in the Gazette, directs otherwise] all persons registered by virtues of the Representation of the People Act, 43 of 1950 in so much of the electoral roll for any Assembly Constituency for the time being in force as relates to the Municipal area shall be entitled to cast their votes at an election to the Municipality and the said portion of the roll shall be deemed to be the electoral roll of the Municipal area.

(2) So much of the electoral roll of the Municipal area as relates to the area comprised within a ward thereof shall be embodied in a register to be maintained for the ward and such register shall be deemed to be the electoral roll for the ward for the purposes of the Act.

(3) The manner of splitting up of the electoral roll for the purpose of preparation of the aforesaid register, the manner of the revision of such register from time to time and the officer or authority by whom such splitting up or revision is to be carried out shall be as may be prescribed.]

(Inserted by Orissa Act No. 19 of 1995 w.e.f. 19.10.1995.) [(4) Nothing in this section shall debar the Election Commission to adopt, or provide fro, any other mode for preparation of electoral rolls for the purpose of elections to Municipalities.]

Section 14 - Electors [***]

(Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5. 1994) [***]

(Substituted vide Orissa Act No. 5 of 1990.) [(2) No person who is not for the time being on the electoral of the ward shall be entitled to vote at an election in respect of the Ward.]

Amendment to electoral rolls bringing it in accordance with assembly constituency rolls adopted a day before election -- Election held on basis of such electoral rolls not invalid. -- AIR 1964 A.P. 4211.

Section 15 - Removal of the name from electoral roll

(Substituted vide Orissa Act 16 of 1968 w.e.f. 1.8.1968.) [(1) (Omitted vide Orissa Act 16 of 1968 w.e.f. 1.8.1968) [ ***]

(2) If any person is convicted of an offence, under Chapter IX-A of the Indian Penal Code XLV of 1860, punishable with imprisonment for a term exceeding six months, his name, if on the electoral roll, shall be removed therefrom and shall not be registered thereon for a period of three years from the date of conviction or, if not on the electoral roll, shall not be so registered for a like period :

Provided that the Governor may direct that the name of any person to whom this sub-section applies shall be registered on the electoral roil:

Provided further that conditions for offences of a political character shall not operate as a disqualification under this sub-section.

Section 16 - Disqualification of Candidates for election

(1) No person shall be qualified for election (Substituted vide Orissa Act No. 8 of 1994 w.e.f. 6.12.83 inserted vide Orissa Act No. 5 of 1990 w.e.f. 29.4.90 and omitted vide Orissa Act No.11 of 1994 w.e.f. 31.5.1994.) [***as a Councillor] of a Municipality if such person-

(i) is not included in the electoral roll of the Municipal area or

(ii) (Previously omitted vide Orissa Act No. 16 of 1968 inserted vide Orissa Act No. 2 of 1992 w.e.f. 22.11.91 and now substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.94.) [is less than twenty-one years of age;]

(iii) is unable to read and write either English, Hindi or the language of State or;

(iv) has been adjudged by a competent Court to be of unsound mind or is (Omitted vide Orissa Act 6 of 2002, O.G.E. No. 566, Dt. 26.4.2002.) [***] a leprosy or a tuberculosis patient; or

(v) is an undischarged insolvent or being a discharged insolvent has not obtained from the Court a certificate that insolvency was caused by misfortune without misconduct on his part; or

(vi) is in arrears or any dues payable to the Municipality without sufficient cause shown to the satisfaction of the Election Officer, for a period of one year immediately preceeding the year in which the election is held; or

(vii) is a person against whom an order of surcharge for willful negligence of misconduct has either been certified for payment or confirmed in case of an appeal in respect of any money or property of a Municipality, under the provisions of the Orissa Local Fund Audit Act, Orissa Act 5 of 1948 or a person against whom a decree has been passed under Section 375; or

(viii) is interested in a subsisting contract, either directly or indirectly made with or any work being done for the Municipality, except as a shareholder in a registered jointstock company or co-operative society, constituted under the laws for the time being in force:

Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in-

(a) any lease, sale or purchase of immovable property or any agreement for the same; or

(b) any agreement for the loan of money or any security for the payment of money only; or

(d) the sale to the Municipality of any articles in which he regularly trades or the purchase from the Municipality of any article to a value in either case, not exceeding fifteen hundred rupees in the aggregate, in any year during the period of the contract or work; or

(ix) is employed as a paid legal practioner on behalf of the Municipality of as legal practioner against the Municipality; or

(x) is an officer or servant holding office under the Municipality or an Honorary Magistrate with jurisdiction over any part of the area of the Municipality; or

(Substituted vide Orissa Act. No. 16 of 1968 w.e.f. 1.8.1968.) [(xi) is a Government servant either whole time or part time has been dismissed from Government service for corruption or disloyalty to the State unless a period of five years has elapsed since his dismissal :]

Provided that if any question arises, either before or after an election whether any person is or not disqualified under this clause, the question shall be referred to the State Government whose decision shall be final; or

(xii) has been sentenced by a Criminal Court to transportation or to imprisonment for a period of more than six months for any offence, other than an offence of a political character, or an offence, other than an offence not involving moral delinquency (such sentence not having been reversed or the offence pardoned) so long as he is undergoing the sentence and for three years from the date of the expiration of the sentence :

Provided that notwithstanding anything contained above the Governor may direct that such Sentence shall not operate as a disqualification and upon such a direction being given or if and when the sentence is superseded on appeal or revision he shall be restored to office for such portion of the period for which he was elected, as may remain unexpired at the date if such restoration and any person elected to fill the vacancy in the interim shall, on such restoration, vacate office; or

(xiii) has been convicted or found to have been guilty or offence of corrupt or legal practice relating to elections, which has been declared, by the State Government, under prescribed rules, to be an offence or practice entailing disqualification of membership unless such period has elapsed as may be prescribed (Substituted vide Orissa Act No. 11 of 1994 we f 31.5.1994.) [in that behalf; or]

(Inserted ibid) [(xiv) is disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State; or

(xv) is disqualified by or under any law made by the Legislature of the State; or

(xvi) has more than one spouse living; or

(xvii) has more than two children:

Provided that the disqualifications under Clause (xvii) shall not apply to a person who has more than two children on the date of commencement of the Orissa Municipal (Amendment) Act, 1994, or as the case may be, within a period of one year of such commencement, unless he begets an additional child after the said period of one year; and]

(Inserted vide Orissa Act 10 of 1997 w.e.f. 19. 5. 1997.) [(xviii) has given appointment to any person in contravention of the provisions of this Act and the rules made thereunder, during his tenure in the Municipality immediately preceding the election;

(xix) has been removed under Section 53 durng the term of his office as the Chairperson or the Vice-Chairperson of the Municipality immediately preceding the election.]

(2) Subject to the provisions of section 38, where a person who becomes disqualified by virtue of Clause (xii) of Sub-section (1) is at the date of disqualification ⁵[***] a Councillor, his seat shall, notwithstanding anything contained in this section, not become vacant by reason of the disqualification until three months have lapsed from the date thereof or if within those three months, an appeal or petition for revision is brought in respect of the conviction of the sentence, until that appeal or petition is disposed of but during any period during which his (Substituted ibid) [Couuncilorship] is preserved under this section, he shall not sit or vote in the Council.

Section 17 - Disqualification of [* * *] Councillor

(1) Subject to the provisions of Section 38, ⁽Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [* * *] a Councillor shall cease to hold his office, if he-

(a) subject to the proviso to Clause (xii) of Sub-section (1) of Section 16, is sentenced by Criminal Court to such punishment and for such offence, as is prescribed in that clause; or

(b) becomes of unsound mind, (Omitted vide Orissa Act 6 of 2002, O.G.E. No. 566, Dt. 26.4.2002.) [* * *] a leprosy or a tuberculosis patient; or

(d) subject to the proviso to clause (viii) of sub-section (1) of Section 16 acquire any, interest in any subsisting contract, either directly or indirectly made with or work being done for, the Municipality except as share-holder in a registered joint-stock company or a co-operative society, constituted under the laws for the time being in force; or

(e) is employed as a paid legal practitioner on behalf of the Municipality or accepts employments as a legal practioner against the Municipality; or

(Inserted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.) [(e-1) has failed to pay any arrears of Municipal dues within six months from the date of service of a notice demanding payment of the same; or]

(f) is appointed as an officer or servant under Municipality or as Honorary Magistrate with jurisdiction over any part of the Municipality; or

(g) is a salaried Government servant either whole-time or part-time :

Provided that if any question arises, whether any person is or not disqualified under this clause, the question shall be referred to the State Government, whose decision shall be final; or

(Substituted vide Orissa Act No. 22 of 1978 w.e.f. 26.7.1978.) [(i) (Inserted vide Orissa Act No. 5 of 1990 w.e.f. 20.4.1990.) [in the case of a Councillor] absents himself from four consecutive meetings without obtaining previous permissions from the Chairperson or without an excuse sufficient in the opinion of the Municipality.]

Provided that no meeting from which a Councillor absents himself shall be counted against him under this clause if due notice of that meeting was not given to him;

Explanation-Emergent or special meetings shall not be deemed to be meetings within the meaning of this clause; or

(j) has been convicted or found to have been guilty of any offence of corrupt or illegal practice relating to elections, which has been declared, by State Government under prescribed rules, to be an offence or practice entailing disqualification for Councillorship, unless such period has elapsed as may be prescribed in that behalf.

(Inserted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [(k) incurs any of the disqualifications specified in Clauses (xiv) to (xvii) of Sub-section (1) of Section 16]

Section 17-A - Limitation on election expenditure and accounts thereof

(Inserted vide Orissa Act No. 10 of 1997 w.e.f. 19.5.1997.) [(1) No candidate for an election as a Councillor to a Municipality shall, either by himself or through any person authorised by him, incur expenditure in connection with such election an amount exceeding twenty-five thousand rupees;

Provided that the Election Commission may, by notification from time to time and in consultation with the State government, enhance the limit of such expenditure up to fifty thousand rupees.

(2) For the purposes of this Section, every candidate referred to in Sub-section (1) shall mention, or cause to be maintained, a true and separate account of all expenditure incurred or authorised by him in connection with the election between the date on which he has been nominated as a candidate and the date of declaration of the result of the election.

(3) Any person who contravenes any of the provisions of this Sections shall be deemed to have committed corrupt practice within the meaning of Section 28.

(4) The account shall contain such particulars as may be notified by the Election Commission.

(5) Within one month from the date of declaration of the result of the election, every candidate, either personally or through his agent, shall lodge, or cause to be lodged, with the Election Commission the account of the election expenditure, maintained under Sub-section (2).]

Section 18 - Power to question election by petition

(1) (Substituted vide Orissa Act 22 of 1978 we f 26 7 1978.) [The election of any person (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [* * *] as s (Deleted vide Orissa Act No. 8 of 1984 w.e.f. 6.12.1983.) [* * *] Councillor] may be questioned petition on the ground.

(a) that such person committed during or in respect of the election proceedings, a corrupt practice as defined in Section 28; or

(b) that such person was declared to be elected by reason of the improper rejection or admission of one or more votes, or for any other reason was not duly elected by a majority of lawful vote; or

(c) that such person though enrolled as an elector was disqualified for election under the provisions of Sections 15, 16 and 29.

(2) The election of any person ²[* * *] a Councillor shall not be questioned-

(a) on the ground that the name of any person qualified to vote has been omitted from or the name of any person not qualified to vote has been inserted in the electoral roll;

(b) on the ground that any non-compliance with this Act or any rule or of any mistake in the forms required thereby or of any error, irregularity or informality on the part of the officer or officers charged with carrying out the provisions of this Act or any rules, unless such non-compliance mistake, error, irregularity or informality has materially affected the result of the election.

Section 19 - Form and presentation of petition

(1) The petition shall be presented before the District Judge, together with a deposit of two hundred rupees as security for cost within fifteen days, after the day on which the result of the election was announced and shall specify the ground or grounds on which the election of the opposite party is questioned and shall contain a summary of the circumstances alleged to justify the election being questioned on such grounds.

(2) The petition may be presented by any candidate in whose favour votes have been recorded and who claims to be declared elected in place of the person whose election is questioned, or by twentyfive or more electors of the Ward.

(3) A person whose election is questioned and when the petition State that any other candidate shall be declared elected in place of such person, every successful candidate, who has polled more votes than such candidate, shall made opposite party to the petition.

Section 20 - Right of candidates whose election is questioned-

Every opposite party may give evidence to prove that any person in respect of whom a claim is made that such person be declared elected in his place or in priority to him should not be elected in the same manner as if he had presented a petition against the election of such person.

Section 21 - Tribunal

(1) An election petition shall be heard by the District Judge within whose jurisdiction the Municipal area is situated.

(2) Such District Judge (hereinafter referred to as "Tribunal") shall be deemed to exercise jurisdiction as personal designate and not acting in capacity of a Judge of a Civil Court.

Section 22 - Procedure

Except so far as may be otherwise provided by this Act or by rule, the procedure provide in the Code of Civil Procedure V of 1908 in regard to suits, shall so far as it is not inconsistent with this Act or any rule, and so far as it can be made applicable be followed in the hearing of election petitions :

Provided that--

(a) any two or more election petitions relating to the election of the same persons may be heard together;

(b) the Tribunal shall not be required to record or to have recorded the evidence in full but shall make a memorandum of the evidence in its opinion for the purpose of deciding the case;

(c) the Tribunal may at any stage of the proceedings, require the petitioner to give further security for the payment of all cost incurred or likely to be incurred by any opposite party and is within the time fixed by it or within such further time, as it may allow such security is not furnished may dismiss the petition;

(d) the Tribunal for the purpose of deciding any issue, shall only be bound to require the production of, or to receive so much evidence, oral or documentary, as it considers necessary;

(e) there shall be no appeal either on a question of law or fact and no application in revision against or in respect of the decision of the Tribunal;

(f) the tribunal may review its decision on any point on the application of person, considering him aggrieved thereby if the application is presented within one month from the date of decision.

Section 23 - Power of the Tribunal

(1) Unless it is otherwise prescribed, the Tribunal shall give the same powers and privileges as the Judge of Civil Court, and may for the purpose of serving and notice of issue of any process or doing any other such thing, be entitled to employ, with the consent of the Magistrate of the district, any person or other officer or clerk, attached to the Court of the Magistrate of the district.

(2) An order for costs, or an order for the realisation of security bond for costs, passed by the Tribunal may be sent by that Tribunal for execution to the Collector of a District within which the Municipality concerned is situated and an order so sent shall be executed by the Collector in the same manner as if it was an order passed by the Collector under the Tenancy Law in force in the district or part of the district, as the case may be.

Section 24 - Finding of Tribunal Court

(1) If the Tribunal, after making such enquiry, as it deem necessary finds in respect of any person whose election is called in question by a petition, that his election was valid, it shall dismiss the petition as against such person and may award costs at its direction.

(2) If the Tribunal finds that the election of any person was invalid, it shall either--

(a) declare a casual vacancy to have been created; or

(b) declare another candidate to have been duly elected, whichever course appears, in the particular circumstances of the case the more appropriate, and in either case, may award costs or, its discretion.

(3) In the event of the Tribunal declaring a casual vacancy to have been created it shall direct the Magistrate of the district or other authority prescribed in this behalf to take proceedings filing the vacancy.

Section 25 - Avoiding of election proceedings

Notwithstanding anything contained in the proceeding section, if the Tribunal, in the course of hearing of an election, is of opinion that the evidence discloses-

(i) that corrupt practices have prevailed at the election proceeding in question to such an extent as to render it advisable to set aside the whole proceedings; or

(ii) the result of election has been materially affected by any non-compliance with this Act or any rules made thereunder or by any mistake in the forms required thereby or by any error, irregularity or informality on the part of any officer charged with or carrying out any duty under this Act or rules made thereunder; or

(iii) the result of election has been materially affected by improper acceptance or refusal of a candidate's nomination; it shall set aside the whole proceedings and pass an order to this effect and shall direct the Magistrate of the district or other authority prescribed in this behalf to take measure for holding fresh election proceedings and if the election is set aside for any cause which is the result of acts of a candidate or his agent, may declare that the candidate to be disqualified for the purpose of such fresh election.

Explanation- In this section the expressions the election proceedings in question and the whole proceedings shall mean all proceedings (inclusive of nomination and declaration of election) taken in respect of a single poll in any municipality.

Section 26 - Disqualification for corrupt practices

The Tribunal may, declare any candidates, found to have committed any corrupt practice under the proceeding section, to be incapable for any period not exceeding five years of being elected as member of the Municipality or of being appointed or retained in any office or place in the gift, disposal, pay or service of the Municipality:

Provided that a disqualification under this section may be removed by an order of the Governor in this behalf.

Section 27 - Saving of acts done by a Councillor before his election is set aside

Where a candidate, who has been elected to be (Omitted vide Orissa Act No.11 of 1994 w.e.f. 31.5.1994.) [* * *] a Councillor of a Municipal area is declared by the Tribunal not to have been duly elected, acts done by him in execution of the office, before the time when the decision is certified to the Municipal area shall not be invalidated by reason of that declaration.

Section 28 - Corrupt practices

A person shall be deemed to have committed corrupt practice who directly or indirectly by himself or by any other person-

(a) induces, or attempts to include by fraud, intentional misrepresentation, coercion or threat of injury any voter to give or to refrain from giving a vote in favour of any candidate;

(b) with a view to inducing any voter to give or to refrain from giving a vote in favour of any candidate or in -consideration of any voter having voted or refrained from voting for any candidate, offers or gives any money or valuable consideration or any place or employment or holds out any promise of individual advantage or profit to any person including a promise of spiritual salvation;

(c) includes or attempts to induce candidates or voter to believe that he or any person in whom he is entrusted will become or will be rendered an object of divine displeasure or of spiritual can sure with a view to influence him in any way in connection with the election;

(d) employs, instigates or threatens any form of social boycott or any voter or candidate or of any one in whom such voter or candidate is interested;

(e) gives or procures the giving of a vote in the name of a voter who is not the person giving such a vote;

(f) makes or promises to make any payment to any person whomsoever on account of the conveyance of any elector to or from any place for the purpose of recording his vote of hires, employs, borrows or uses for the purpose of election any boat, vehicle or animal usually kept for letting on hire or for convenience of the passengers by hire except for carrying himself or his agents and messengers :

Provided that nothing contained in this clause shall prevent a conveyance being hired by a voter or several voters at their joint cost for the purpose of conveying him or them to or from the poll;

(g) offers any money or valuable consideration to any person to induce him to withdraw from being a candidate at an election or being a candidate accepts any money or valuable consideration offered;

(h) abetts within the meaning of the Indian Penal Code XLV of 1860 the doing of any of the Acts specified in clauses (a), (b), (c), (d), (e), (f) and (g)

Explanation- (i) "A promise of individual advantage or profit to a person" includes a promise for the benefit of the person himself or of any one in whom he is interested, but does not include a promise to further purpose or to vote for or against any particular Municipal measure or work;

(ii) No agent, clerk, messenger or other person, who may in accordance with prescribed rules, be employed for remuneration by a candidate at an election shall, by reason of such employment alone, be deemed to come within the provisions of this section;

(iii) A corrupt practice shall be deemed to have been committed by a candidate if it has been committed with the knowledge or consent or by a person who is acting under the general or special authority of such candidate with reference to the election;

(iv) Every person, who is guilty of a corrupt practice at, or in connection with an election, held under the provisions of this Act shall be punishable with imprisonment which may extend to six months or with fine or with both.

Section 29 - Person convicted of election offences disqualified for voting and for being elected

Every person convicted of an offence punishable under this Chapter or under Chapter IX-A of the Indian Penal Code XLV of 1860, shall be disqualified from voting or from being elected in any election to which this Act applies or from holding (. Substituted vide Orissa Act No. 22 of 1978.) [the office of the ] (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [*** Councillor] of a Municipal area for period of (Substituted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.) [four years] from the date of his conviction or for such shorter period as the Court may by order determine.

Section 30 - Offences in respect of electoral rolls

(1) Every person who by claiming a qualification which he knows that he does not possess to vote at a Municipal election or by using false document or by a false declaration or by any other deceitful means, procures or attempts to procure, the improper entry of the name whether of himself or of any other person in the electoral roll or the improper omission of any name therefrom shall be punishable with imprisonment which may extend to three months or with fine or with both.

(2) Every Municipal officer or servant or Polling Officer, (Inserted vide Orissa Act 6 of 2002, O.G.E. No. 566, Dt. 26.4.2002) [or any other officer, whether designated as Election Officer or otherwise, engaged in or associated with the work of preparation of electoral rolls pursuant to Section 13 of the Act] who willfully makes or procures or attempts to make or procure any improper entry in the electoral roll or the improper omission therefrom shall be punishable with imprisonment which may extend to six months or with fine or with both.

Section 31 - Falsifying result of election

(1) Every person, who in the course of electoral operations, falsified or attempts to falsify the record of an election by removing, destroying, altering or fabricating nomination papers of voting papers or by any other act or by any omission, shall be punishable with imprisonment which may extend to one year with fine or with both.

Section 32 - Fraudulent-voting personation

(1) Every person, who applies for a ballot paper at an election, having already voted, once at the same election and in any electoral ward on knowing that his name is included in the electoral roll shall be punishable with imprisonment which may extend to six months or with fine or with both.

(2) Every person who applies for a ballot paper in the name of the other person, living or dead, or of fictitious person shall be punishable with the punishment provided in sub-section (1).

Section 33 - Infringement of secrecy of election

Every Polling Officer, clerk or other person, in attendance at the polling station who, except for some purpose authorised by law, communicates to any person, information showing directly for which candidate any voter has voted, and every person who by improper means procure any such information, shall be punishable with imprisonment to either description for a term which may extend to six months or with fine or with both.

Section 34 - Offences by Polling Officer

Every Polling Officer, who permits a person to vote, knowing that such person is not entitled to vote or who prevents a person from voting, knowing that such person is entitled to vote, shall be punishable with imprisonment which may extend to six months or with fine or with both.

Section 35 - Procedure before Magistrate

No Magistrate, other than a Magistrate of the first class, shall take cognizance of any offence punishable under Sections 28, 30, 31, 32, 33 and 34 nor shall any Magistrate take cognizance of such-

(a) except on the complaint of a person whose name is on the electoral roll;

(b) unless such complaint has been made within fourteen days of the date of the declaration of the result of any election to which the offence relates or within seven days of the date on which the offence is alleged to have been committed; and

(c) except in the case of an offence punishable under Sections 31, 33 and 34 unless the person complaining shall have deposited fifty rupees.

The deposit mentioned in Clause (c) shall be refunded to the complaint, if the complaint is found to be true or if for any other reason, the Magistrate so directs.

Section 36 - Deleted

(Deleted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968. ) [* * *]

Section 37 - Bar to interference by Courts in election matters

No election of ⁽Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994) [* * *] Councillor shall be called in question in any court except under the procedure provided by this Act any the rules if any made thereunder and no orders passed by the Tribunal in and proceeding under this Chapter for hearing of an election petition shall be called in question in any Court and no Court shall grant an injunction.

(i) to postpone an election of a ¹[* * *] Councillor; or

(ii) to prohibit a person, declared to have been duly elected under this Act, from taking part in the proceedings of the Municipality of which he has been elected a (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994) [* * *] Councillor; or

(iii) to prohibit a (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994) [* * *] Councillor formally elected to a Municipality from entering upon his duties.

Section 37-A - Protection of action taken in good faith

(Inserted vide Orissa Act 6 of 2002, O.G.E. No. 566, Dt. 26 4 2002.) [No suit, prosecution or other legal proceeding shall lie against the Election Commission or any person acting under the direction of the Election Commission in respect of anything which is in good faith done or intended 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 Governor or in respect of the publication, by or under the authority of the Election Commission, of any such opinion, or any paper or proceedings.]

Section 38 - District Judge to decide question of disqualification of Councillors

(1) Whenever it is alleged that any person, who has been elected as ¹[***] Councillor is disqualified under Section 16 or 17 and such person does not admit the allegation or whenever any (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994) [***] Councillor himself is in doubt, whether or not he has become qualified for office under Section 16 or 17, such (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994) [***] Councillor or any other Councillor may, and the Chair person at request of the Municipality shall apply to District Judge of the district in which the Municipal area is situated.

(2) The said Judge after making such inquiry as he deems necessary shall determine whether or not such person is disqualified under Section 16 or 17 and his decision shall be final.

(3) Pending such decision, the Councillor shall be entitled to act as if he were not disqualified.

Chapter IV - REMOVAL, RESIGNATION AND TERM OF COUNCILLORS

(1) Whenever it is alleged that any person, who has been elected as ¹[***] Councillor is disqualified under Section 16 or 17 and such person does not admit the allegation or whenever any ¹[***] Councillor himself is in doubt, whether or not he has become qualified for office under Section 16 or 17, such (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994) [***] Councillor or any other Councillor may, and the Chair person at request of the Municipality shall apply to District Judge of the district in which the Municipal area is situated.

(2) The said Judge after making such inquiry as he deems necessary shall determine whether or not such person is disqualified under Section 16 or 17 and his decision shall be final.

(3) Pending such decision, the Councillor shall be entitled to act as if he were not disqualified.

Section 38-A - Removal of [***] Councillor by Government

(Inserted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.) [(1) Without prejudice to the provisions contained in the foregoing section, the State Government may remove any (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [***] Councillor if they are satisfied that (Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [in the interest of Notified Area Council, such nomination shall be cancelled and make a fresh nomination for the said Notified Area Council]:

Provided that no order for removal shall be made without giving the (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [***] Councillor an opportunity of showing cause against proposed removal]:

Provided further that no such order shall be made in cases where an application in respect of the "said (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [***] Councillor made under Section 38 on the same ground as aforesaid, is pending or where any such application having been made has been finally disposed of under the said section.

(2) Any ²[***] Councillor against whom an order of removal is made under sub-section (1) may within thirty days of such order, prefer an appeal before the District Judge of the district in which the Municipality is situate.]

Section 39 - Publication of names

The names of Councillors (Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [of every Municipality including its Chairperson and Vice-Chairperson] shall be published in the Gazette.

Section 40 - No Councillor to receive remuneration

No Councillor shall receive or be paid from the funds at the disposal of or under the control of such Municipality any salary or other remuneration for services rendered by him in any capacity whatsoever but shall be allowed travelling allowances as prescribed.

Provided that the (Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [Chairperson and Vice-Chairperson] may receive such monthly allowances as may be prescribed:

(Inserted vide Orissa Act No. 20 of 1986.) [Provided further that the Councillors, Chairperson and the Vice-Chairperson may receive such sitting allowances as may be prescribed.]

Section 41 - Term of office of [***] Councillors

(Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [(1) Save as otherwise provided in this Act-

(i) a (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [***] Councillor whether elected at a general election, or nominated, to a Municipality shall hold office for (Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [five years] from the date appointed for the first meeting of the Municipality as referred to in Clause (a) of Sub-section (2) of Section 47;

(ii) a (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [***] Councillor elected at a by-election or elected or nominated against a casual vacancy in a Municipality shall hold office for the unexpired period of the term of office of the Councillor in whose place he has been so elected or, as the case may be, nominated.

(2) An outgoing ⁽Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994. )[***] Councillor, if otherwise qualified, shall be eligible for re-election.

(3) Whenever the number of (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [***] Councillors of an existing Municipality is increased as a result of increase in the number of Wards thereof, the Additional ²[***] Councillor of (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [***] Councillors elected for the purpose shall, save as otherwise provided, continue till the expiry of the term of office of the other (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [***] Councillors of the Municipality as provided in sub-section (1)]

Section 42 - Procedure when no Councillor is elected at an election

(1) If at a general election or by-election to a Municipality (Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [referred to in] Section 41 no Councillor is elected a fresh election shall be held by such authority on such date and in such manner as may be prescribed in that behalf.

(2) If at such fresh election no Councillors is elected, the State Government shall ¹[nominate]a person to fill the vacancy.

(3) The term of office of a Councillor elected or ¹[nominated] under this Section shall expire at the time at which, it would have been elected (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [** *] at the general election or by-election, as the case may be.

Section 43 - "Resignation of Vice-Chairperson and Councillor

(Substituted vide Orissa Act No. 23 of 1992.) (1) (Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [A Councillor not being the Chairperson or Vice-Chairperson may resign his office by writing under his hand addressed-

(a) if he is an elected Councillor, to the chairperson who shall place the letter of resignation before the Municipality at its next meeting of which notice shall be given to the Councillor; and

(b) if he is a nominated Councillor; to the State Government.

(2) On the resignation being accepted-

(a) by the Municipality, in the case of an elected Councillor; and

(b) by the State Government, in the case of a nominated Councillor, the Councillor shall cease to hold office with effect from the succeeding date of such acceptance:

Provided that the Councillor may, at any time before the acceptance of the resignation, withdraw the same by writing under his hand.]

Section 44 - Vacation of office by Councillor

(Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [A Councillor of a Municipality shall be deemed to have vacated his office on the expiry of his term of office as, or on his otherwise ceasing to be, a Councillor of that Municipality or on being elected or nominated as a Councillor of any other Municipality.]

Section 45 - Casual vacancies

If a Councillor, (. Inserted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [elected or nominated] ceases to be a Councillor of a ⁽Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [Municipal area] by reason of his death, resignation, removal or otherwise the vacancy so caused shall be filled by the ²[election or nomination, as the case may be] of another Councillor in the manner prescribed.

Section 46 - Power to leave casual vacancies unfilled in certain areas

(1) Where a vacancy occurs in the office of a Councillor by reason of death, resignation, removal or otherwise and the term of office of the Councillor would, in the ordinary course of events, have terminated within six months of the occurrence of the vacancy, the State Government may direct that the vacancy be left unfilled until the next general election.

(2) (Omitted Ibid.) [***]

Section 47 - Election of Chairperson and Vice-person

(Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [(1) Every Municipality shall have a Chairperson and a Vice-Chairperson.

(2) The Councillors of the Municipality, specified in Clause (a) of Section 8 shall--

(a) at the first meeting of the Municipality, which shall be convened soon after the publication of their names under Sub-section (2) of Section 10, elect in the prescribed manner of Chairperson from among them;

(b) at a subsequent meeting, which shall be specially convened for the purpose at the instance of the Chairperson so elected as soon as may be, but not later than thirty days, after the date of election of the Chairperson elect a Vice-Chairperson of the Municipality from among them:

Provided that where the office of the Chairperson of a Municipality is not reserved under sub-section(3) for woman or where the Chairperson elected under this Act is not a woman, the office of the Vice-Chairperson of the Municipality shall be reserved for woman.

(3) Notwithstanding anything to the contrary in sub-section (1)-

(a) office of Chairperson in the Municipalities shall be reserved for the Scheduled Castes and the Scheduled Tribes and the number of offices so reserved for the Scheduled Castes and the Scheduled Tribes shall bear, as nearly as may be, the same proportion to the total number of such offices as the population of the Scheduled Castes and the Scheduled Tribes respectively ¹[in the Municipal areas of the State bears to the total population of such Municipal areas;]

(b) as nearly as may be one-third of the total number of seats reserved under clause (a) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes; and

(c) as nearly as may be one-third (including the member of offices reserved for women belonging to the Scheduled Castes, (Substituted vide Orissa Act No. 15 of 1996 w.e.f. 18.10.1996.) [the Scheduled Tribes and the backward class of citizens)] of the total number of offices of Chairperson in the Municipalities shall be reserved for women; and

(Substituted vide Orissa Act No. 19 of 1995 w.e.f. 19.10.1995.) [(d) as nearly as may be, but not less than, twenty-seven per centum of the offices or Chairpersons of Municipalities shall also reserved in favour of backward class of citizens as reserved to in Clause (6) of Article 243-T of the Constitution; and

(e) as nearly as may be, one-third of the total number of seats reserved under Clause (d) shall be reserved for women belonging to the backward class of citizens.

(4) Reservation of offices of Chairperson under Sub-section (3) shall be made by the State Government by rotation among different Municipalities in the prescribed manner and shall be published in the Gazette.

(Added vide Orissa Act No. 19 of 1995 w.e.f. 19.10.1995.) [Provided that the procedure provided in Sub-section (3-A) of Section 12 relating to reservation of seats in the Municipalities for the Scheduled Castes, Scheduled Tribes, backward class of citizens and women shall, as far as may be, be applicable for the purpose of reservation of offices of Chairpersons to be made by the State Government under this Sub-section.]

(5) The reservation of offices of Chairperson (other than the reservation for women and backward class of citizens) under Sub-section (3) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.

(6) If at an election under Sub-section ³[2]-

(a) no Chairperson is elected, a fresh election shall be held within thirty days from the date of the first election; or

(b) no Vice-Chairperson is elected, a fresh election shall be held within thirty days from the date of the first election.

(Substituted vide Orissa Act 6 of 2002, O.G.E. No. 566, Dt. 26.4.2002.) [(7) If at the subsequent election held under Sub-section (6) of Chairperson or Vice-Chairperson, as the case may be, is elected, the State Government shall nominate a person who is otherwise eligible to hold the office, to fill up the office, and the person so nominated shall, subject to other provisions of this Act, hold office till the expiry of five years from the date appointed for the first meeting referred to in Clause 9a) of Sub-section (2) of Section 47.]

Section 47-A - Omitted

(Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [** *]

Section 48 - Vacation of the office by Chairperson and Vice-Chairperson

(Substituted vide Orissa Act No. 5 of 1990 w.e.f. 20.4 1990) [(Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994) [The Chairperson or the Vice-Chairperson of a Municipality 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 Municipality; or

(b) on his election or nomination as a Councillor of any other Municipality.]

Section 49 - Filling up casual vacancies

(Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994) [On a vacancy occurring in the office of the ¹[or Vice-Chairperson of a Municipality] 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.

Proviso- (Omitted ibid.) [** *]

(Inserted vide Orissa Act No. 23 of 1992 w.e.f. 27.4.1992.) [Provided ²[** *] that where a vacancy occurs in the office of the Vice-Chairperson which was held by a woman, such vacancy shall be filled up by a woman unless the ¹[Chairperson] continuing in the office as such is a woman].

Section 49-A - Omitted

(Omitted vide Orissa Act 6 of 2002, O G E No 566, Dt. 26.4.2002.) [** *]

Section 50 - Omitted

(Omitted vide Orissa Act No. 5 of 1990 w e f 20 4 1990.) [** *]

Section 51 - Grant of leave to Chairperson or Vice-Chairperson

The Municipality may grant leave of absence to its Chairperson or Vice-Chairperson for any period not exceeding three months in any one year.

Section 52 - Resignation of Chairperson or Vice-Chairperson

(Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [(1) Nominated Chairperson or Vice-Chairperson of a Municipality may resign his office by writing under his hand addressed to the State Government and, on such resignation being accepted shall be deemed to have vacated his office.

(2) An elected Chairperson may resign his office by writing under his hand addressed to the Municipality.

(3) An elected Vice-Chairperson may resign his office by writing under his hand addressed to the Chairperson of the Municipality who shall forthwith lay the letter of resignation before the Municipality.

(4) On a resignation under Sub-section (2) or (3) being accepted by the Municipality, the Chairperson or, as the case may be, the Vice-Chairperson shall be deemed to have vacated his office.

(5) A resignation tendered under this Section may, at any time before its acceptance, be withdrawn by the person tendering the same by writing.]

Section 53 - Removal of Chairperson or Vice-Chairperson

(Substituted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.) [(1) If at any time during the term of office of the Chairperson or a Vice-Chairperson it comes to the notice of the State Government that such Chairperson or Vice-Chairperson willfully omits or refuses to carry out, or disobeys the provisions of this Act or any Rules, bye-laws, Regulations or lawful orders issued thereunder, they may cause an enquiry to be made by Director (Substituted vide Orissa Act 6 of 2002, O.G.E. No. 566, Dt. 26.4.2002.) [or the District Magistrate or by an officer not below the rank of a Deputy Secretary of the State Government, as the Government may, by notification, direct.]

(2) On receipt of the report from the Enquiring Officer, the State Government shall give an opportunity to the concerned Chairperson or Vice-Chairperson to submit his explanation within period of three through the Enquiring Officer.

(3) The State Government, after considering the report and the explanation together with the comments, if any, of the Enquiring Officer and on being satisfied that the Chairperson or the Vice-Chairperson has failed to discharge the duties of his office or has acted illegally or in contravention of any of the provisions of this Act, or any rules, regulation or bye-laws, shall by notification issued as far as practicable, within six weeks from the date of receipt of the explanation, remove the Chairperson or as the case may be, the Vice-Chairperson.]

Section 54 - Vote of no confidence against Chairperson or Vice-Chairperson

(Substituted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.) [(1) Where a meeting of the Municipality specially convened by the District Magistrate in that behalf a resolution is passed, supported by not less than two-thirds of the total number of Councillors recording want of confidence in the Chairperson or Vice-Chairperson the resolution alongwith the records of the proceedings at such meetings shall forthwith be forwarded to the State Government shall publish the same in the Gazette and with effect from the date of passing of the resolution the person holding the office of Chairperson or Vice-Chairperson, as the case may be, shall be deemed to have vacated such office. In the event of both Chairperson and Vice-Chairperson vacating office the District Magistrate or his nominee shall discharge the responsibilities of the Chairperson till a new Chairperson is elected:

(Substituted vide Orissa Act 6 of 2002, O.G.E. No. 566, Dt. 26.4.2002.) [Provided that no such resolution recording want of confidence in the Chairperson or the Vice-Chairperson-

(i) shall be passed within two years from the date of his election or nomination, as the case may be; and

(ii) shall be moved more than once during a calendar year.]

(2) In convening a meeting under sub-section (1) and in the conduct of business at such meeting the procedure shall be in accordance with the rules, made under this Act, subject however to the following provisions, namely-

(a) no such meeting shall be convened except on a requisition signed by at least one-third of the total number of Councillors alongwith a copy of the resolution proposed to be moved at the meeting;

(b) the requisition shall be addressed to the District Magistrate;

(c) the District Magistrate shall, within 10 days of receipt of such requisition; fix the date, hour and place of such meeting and give, notice of the same to all the Councillors holding office on the date of such notice alongwith a copy of the resolution and of the proposed resolution, at least three clear days before the date so fixed;

(d) the District Magistrate or if he is unable to attend, any Gazetted Officer above the rank to which the Executive Officer of the Municipal area belongs who is specially authorised by him in that behalf shall preside over, conduct and regulate the proceedings of the meeting;

(e) the voting at all such meeting shall be by secret ballot;

(f) no such meeting shall stand adjourned to a subsequent date and no item of business other than the resolution for recording want of confidence in the Chairperson or Vice-Chairperson, as the case may be, shall be taken up for consideration at the meeting;

(g) if the number of Councillors present at the meeting is less than two-thirds of the total number of Councillors the resolution stand annulled;

(h) if the resolution is passed at the meeting supported by the requisite number of Councillors as specified in Sub-section (1) the Presiding Officer shall immediately forward the same in original alongwith the records of the proceedings to the State Government who shall forthwith publish the resolution in accordance with the provisions of sub-section (1); and

(i) where any Gazetted Officer presides at the meeting he shall, without prejudice to the provisions of Clause (h) also send a copy of the resolution alongwith a copy of the proceedings to the District Magistrate for information and such action as may be necessary.]

Section 55 - Appointment during leave vacancy

(Substituted vide Orissa Act No. 22 of 1978.) [If the Chairperson or the Vice-Chairperson avails himself of leave under Section 51, the State Government shall fill up the vacancy by appointing a person who is otherwise eligible to hold the office and the person so appointed shall hold the office during the period of leave.]

Section 56 - Proceedings not to be invalidated by casual vacancies

No act of a Municipality shall be deemed to be invalid only by reason of the existence of a casual vacancy in such Municipality.

Section 57 - Civil Court not to grant temporary injunctions in certain cases

No Civil Court shall, in the course of any suit, grant any temporary injunction or make any interim order-

(a) restraining any person from exercising the powers of performing the functions or duties of a Member, Chairperson, Vice-Chairperson (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [***] officer or servant of a Municipality or of a Committee or Sub-Committee of Municipality on the ground that such person has not been duly elected or appointed as such member, Chairperson, Vice-Chairperson (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [***] officer or servant : or

(b) restraining any person or persons or any such Municipality or Committee or Sub-Committee of a Municipality from holding any election, or from holding any election in any particular manner.

Section 57-A - Constitution of Wards Committee

(Inserted ibid.) (1) In every Municipal area having a population of three lakhs or more there shall be constituted by the Municipality a Wards Committee for each Ward.

(2) The Wards Committee shall be composed of the following members, namely-

(a) the Councillor representing the Ward who shall be the President thereof;

(b) an elector of the Ward to be nominated by the Chairperson of the Municipality; and

Section 57-B - Powers and responsibility of Wards Committee

(1) It shall be the responsibility of the Wards Committee to take all possible measures, subject to the provisions of this Act and overall control of the Municipality or public health, sanitation, street lighting and conservancy in the Ward, for protection of the environment and promotion of ecological aspects of the Ward and for such other matters as may be entrusted by the Municipality.

(2) The Wards Committee shall have powers recommend to the Municipality the measures needed for the purposes mentioned in Sub-section(1).]

Section 58 - Committees

(1) The Municipality may appoint Committees to assist them in discharge of the duties devolving upon them under this Act, within the whole or any portion of the Municipal area, in regard to all or any of the following subjects, namely-

(a) finance,

(b) public health, hospital and dispensaries,

(d) education, and

(e) any other special subject relating to the purposes of this Act:

Provided that in a Municipal area in which provision is or has been made for the supply of piped water, a Water-Works Committee shall be constituted, as hereinafter provided, to assist the Council in the discharge of the duties devolving upon it under this Act in respect of such supply.

(2) The Councillors at a meeting may delegate to any such Committee any of their powers and duties or withdrawal or any of the powers and duties so delegated and also may, from time to time, refer to them for enquiry and report or for opinion such subjects relating to the powers and duties of Councillors, as the Councillors at a meeting may think fit.

(3) Each such Committee shall perform the duties and exercise the powers assigned or delegated to it by this Act or any other enactment, for the time being in force, or the rules made thereunder and be liable to all the obligations imposed by this Act on Councillors in respect of such duties and powers.

(4) All the proceedings of any such Committee shall be subject to confirmation with or without modification by the Municipality unless the Municipality in delegating such powers and duties direct that the decision of the Committee shall be final.

Section 59 - Constitution of Committees

(1) A Committee shall consist of not less than three not more than six councillors and of any person who is not a Councillor but who may, in the opinion of the Councillors, possess special qualifications for serving on such Committee :

Provided that the number of persons, appointed on any Committee, who are not Councillors, shall not exceed one-third of the total number of the Councillors of such 'Committee':

Provided further that the Chairperson or the Vice-Chairperson or the (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [** *] shall be President of each Committee.

(2) All the provisions to this Act relating to the duties, powers liabilities, disqualifications and disabilities of Councillor shall be applicable so far as may be, to such members except members appointed ex officio.

(3) All questions regarding the removal or resignation of members of Committees shall be settled by the Municipality.

Section 60 - Exercise and discharge of powers and duties by the Water-Works Committee

Without prejudice to any powers and duties that may be delegated to it under sub-section (2) of Section 58, the following powers and duties shall be exercised by the Water-Works Committee :

(a) the power to inspect the water-works and the whole system of supply of piped water in the Municipal area and to depute any of the numbers of the said Committee to make such inspection;

Explanation-The power to inspect shall be deemed to include the power to enter into or on any house or land for the purpose of making the inspection, subject to the conditions and restrictions imposed by Section 414 on officers authorised thereunder;

(b) the power to call for from the Municipal Officers concerned any reports, papers and accounts relating to the water-works and the supply of piped water in the Municipal area including the collection of water-taxes therein; and

(c) the duty of examining the reports, papers and accounts referred to in Clause (b) of superintending all matters connected with the maintenance and improvement of the water-works and the supply of piped water in the Municipal area and of making, when necessary, recommendations to the Municipality.

Section 61 - Appointment of Joint-Committee

(1) A (Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [Municipality] may, and if so required by the State Government shall, join with one or more other local authority or authorities in constituting out of their respective bodies a Joint Committee for any purpose in which they jointly interested or for any matter for which they are jointly responsible.

(2) A joint Committee may include persons who are not members of the local authorities concerned but who may in their opinion possess special qualifications or special interest for serving on such Committee:

Provided that the number of such persons shall not exceed one-third of the total number of members of the Joint Committee.

(3) The constitution of a Joint Committee shall be by means of regulations which shall not, except in the cases referred to in Sub-section 96) and (7) have effect unless assented to by each of the local authorities concerned.

(4) The regulation shall determine-

(a) the total number of members of the Joint Committee;

(b) the number who shall be Councillors of the local authorities concerned and the number who may be outsiders;

(d) the person who shall be President of the Joint Committee or the manner in which he shall be elected or appointed;

(e) the term of office of Members and President;

(f) the powers, being powers exercisable by one or more of the local authorities concerned, which may be exercised by the Joint Committee; and

(g) the procedure of the Joint Committee.

(5) Regulations made under Sub-sections (3) and 94) may be varied or revoked; provided that all the local authorities concerned assent to such variation or revocation.

(6) If the State Government take action under Sub-section(1) they may issue such directions as, they think necessary or desirable in respect of all or any of the matters, referred to in Sub-sections (3) and (4).

(7) If any difference of opinion arises between the local authorities concerned under any of the foregoing provisions of this Section it shall be referred to the State Government whose decision shall be final and shall not be questioned in any Court.

Section 62 - State Municipal Council's Union

(1) The Municipalities in the State may combine to form as association to be called the State Municipal Council's Union;

Provided that no such association shall be formed unless more than half the number of Municipalities in the State severally pass a resolution signifying their intention to become members

(2) The functions of the Union formed under Sub-section (1) shall be to examine problems of common interest to the Municipalities to advise the Municipalities on the improvement of Municipal administration and to perform such other functions as the State Government may, from time to time, prescribe.

(3) The following matters shall be regulated by rules made by the State Government, namely-

(a) the constitution and aims and objects of the Union;

(b) the amount and the method of contribution by the Municipalities to the Union;

(d) (Omitted ibid.) [** *]

(e) generally such other incidental matters as may be necessary for the purpose of this Section.

Chapter VI-A - DISTRICT PLANNING COMMITTEE

(1) The Municipalities in the State may combine to form as association to be called the State Municipal Council's Union;

Provided that no such association shall be formed unless more than half the number of Municipalities in the State severally pass a resolution signifying their intention to become members

(3) The following matters shall be regulated by rules made by the State Government, namely-

(a) the constitution and aims and objects of the Union;

(b) the amount and the method of contribution by the Municipalities to the Union;

(d) (Omitted ibid.) [** *]

(e) generally such other incidental matters as may be necessary for the purpose of this Section.

Section 62-A - Committee for district planning

(Inserted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) (1) There shall be constituted at the level of every district a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the districts as a whole.

(2) A District Planning Committee shall consist of twenty members as follows:

(a) sixteen members to be elected in the prescribed manner of the Zilla Parishad ad and the elected Councillors of the Municipalities in the district in proportion to the ratio between the population of the rural and of the urban areas in the district; and

(b) four members to be nominated by the State Government as follows;

(i) a Minister in the Council of Ministers of the State, who shall be the Chairperson;

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

(iii) the Chairperson of the Zilla Parishad in the district;

(iv) the Chairperson of the Municipality in the district;

Provided that--

(a) if the Chairperson of the Zilla Parishad in the district is elected as a member of the Committee under Clause (a); or

(b) where there is only one Municipality in a district and the Chairperson of such Municipality is elected as a member of the Committee under the said Clause;

some other person may be nominated by the State Government,

Explanation-For the purposes of this Section-

(a) "Zilla Parishad" means a Zilla Parishad constituted under the Orissa Zilla Parishad Act, 1991 Orissa Zilla Parishad Act/1991 Orissa Act, 17 of 1991.

(b) "rural areas" means the territorial areas of Panchayats; and

(3) Notwithstanding anything contained in this Section the State Government may nominate any official or non-official as special invitee to attend the meetings of the District Planning Committee without any right to vote at any such meeting.

(4) The Chief Executive Officer of the Zilla Parishad shall be the Secretary of the District Planning Committee.

(5) The term of office of the members of the District Planning Committees, the conduct of business at the meetings thereof and such other matters including filling up of casual vacancies in the said Committee shall be such as may be prescribed.

(6) No act of a District Planning Committee shall be deemed to be invalid only by reason of the existence of a casual vacancy therein.

Section 62-B - Functions of the District Planning Committee

(1) Every District Planning Committee shall in preparing the draft development plan-

(a) have regard to-

(i) matters of common interest between the Panchayats and the Municipalities including special planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;

(ii) the extent and type of available resources whether financial or otherwise;

(b) consult such institutions and organizations as the Government may, by order specify.

(2) The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the State Government.

(3) Without prejudice to the generality of the foregoing provisions, a District Planning Committee shall have such other functions as the State Government may, by notification from time to time, assign.]

Chapter VIII - CONDUCT OF BUSINESS

(1) Every District Planning Committee shall in preparing the draft development plan-

(a) have regard to-

(ii) the extent and type of available resources whether financial or otherwise;

(b) consult such institutions and organizations as the Government may, by order specify.

(2) The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the State Government.

Section 63 - Ordinary meetings

The Councillors shall meet for the transaction of business at their office, or at some other convenient place, (Inserted vide Orissa Act No. 10 of 1997 w.e.f. 19.5.1997.) [within the Municipal area] at least once in every month, and as often as a meeting shall be called by the Chairperson or in his absence by the Vice-Chairperson (Omitted vide Orissa Act No. 11 or 1994 w.e.f. 31.5.1994.) [** *]

Section 64 - Meeting or requisition by Councillors

(1) The Chairperson in his absence the Vice-Chairperson (Omitted vide Orissa Act No. 11 or 1994 w.e.f. 31.5.1994.) [** *] shall call a special meting on a requisition signed by not less than one-third of the total number of Councillors.

(Substituted by Orissa Act No. 12 of 1953.) [(2) If the Chairperson or the Vice-Chairperson ¹[** *] fails to call a special meeting to be held within ten days from the date of receipt of such requisition the meeting may be called on five days, notice by the persons who signed the requisition].

Section 65 - President at a meeting

Except as otherwise provided in this Act, the Chairperson shall preside at every meeting of the Municipality, the Chairperson shall preside at every meeting of the Municipality, in the absence of Chairperson the Vice-Chairperson (Substituted vide Orissa Act No. 11 of 1994 we f 31.5.1994.) [or in the absence of both Chairperson and Vice-Chairperson] a Councillor elected at the meeting shall preside.

Section 66 - Functions of the President of the meeting

(1) The President of a meeting (hereinafter referred to as the President) shall preserve order and shall decide all points of order arising at or in connection with meetings. The decision of the President on any point of order shall, save as otherwise expressly provided in this Act, be final.

(2) Any Councillor may, at any time, submit a point of order for the decision of the President but in doing so shall confine himself to stating and explaining the point.

(3) The President, after having called the attention of the Councillors to the conduct of a member, who purists in irrelevance or tedious repetition, either of his own argument or arguments used by other Councillors in debate shall direct him to discontinue his speech.

(4)The President may direct any member, whose conduct in his opinion grossly disordered, to withdraw immediately from the meeting and any Councillor so ordered to withdraw shall do so forthwith and shall absent himself for the remainder of the days meeting.

(5) The President may in the case of grave disorder arising in meeting suspend its sitting for a time to be named him.

Section 67 - Councillor when to abstain from taking part in discussion and voting

(1) No Councillor of a Municipality or member of a Committee thereof shall vote on or take part in the discussion of any question, coming up for consideration at a meeting of the Municipality or Committee, if the question is one in which part from its general application to the public, he has any direct or indirect pecuniary interest by himself or his partner.

(2) The President, either on his own motion or on the motion of any Councillor present, may prohibit any Councillor from voting or taking part in the discussion of any matter, in which he believes such Councillors to have such interest or he may require such Councillor to absent himself during the discussion.

(3) Such Councillor may challenge the decision of the President who shall thereupon put the question in the meeting. The decision of the meeting shall be final.

(4) If the President is believed by any Councillor present at the meeting to have any such pecuniary interest in any matter under discussion, the President may, if a motion to that effect be carried, be required to absent himself from the meeting during such discussion.

(5) The Councillor concerned shall not be entitled to vote on the question referred to in Sub-section (3) and the President shall not be entitled to vote on the motion referred to in Sub-section (4).

Section 68 - No acts of Municipality to be invalidated by infirmity

No act of a Municipality or of a Committee thereof or any person acting as President, Chairperson, Vice-Chairperson (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [***] deemed to be invalid by reason only of a defect in the establishment of such Municipality or Committee or on the ground that the President, Chairperson, Vice-Chairperson (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [***] or any Councillor of such Municipality or member of the Committee was not entitled to hold or continue in such office by reason of any disqualification or by reasons of any irregularity in his election or appointment or by reason of such act having been done during the period of any vacancy in the office of Chairperson, Vice-Chairperson (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [***] or Councillor of such Municipality or member of such Committee.

Section 69 - Decision of questions and casting votes

(1) All questions which may come before the Municipality or a Committee shall be decided by a majority of votes, save as is otherwise provided in this Act.

(2) In cases of equality of votes the President of the meeting shall have a second or casting vote.

Section 70 - Quorum and adjournment for want thereof

(1) No business shall be transacted at any meeting of the Municipality, unless, such meeting has been called by the Chairperson or Vice-Chairperson (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [***] or under Section 64 by persons signing a requisition and unless a quorum be present.

(2) A quorum shall be in any Municipality in which the Councillors are not more than fifteen, five, and in any other Municipality a number being not less than one-third of the entire number of Councillors;

Provided that in cases, where the whole number of Councillors is not evenly divisible by three, the one third shall be ascertained by taking the number of next above the whole number, which is evenly divisible by three as the number to be divided.

(3) If, at the time appointed for a meeting, or within half an hour thereafter a quorum is not present, the meeting shall stand adjourned to some future day to be appointed by the President and three days notice of such adjourned meeting shall be given. The Councilors present at such adjourned meeting shall form a quorum whatever their number may be.

(4) No business shall be transacted at the meeting of any Committee, unless such meeting has been called by the Chairperson of the Committee, and unless a quorum is present, the quorum shall in any Committee be a number being not less than three.

Section 71 - Record and publication of the proceedings

(1) Minutes of the proceedings at each meeting of a Municipality or Committee shall be drawn up and recorded in the Oriya language in a book to be kept for the purpose, and shall be signed by the President and shall be published in such manner as the State Government may from time to time direct, and shall at all reasonable times and without charge, be open to the inspection of any person resident within or owing or holding land, within the jurisdiction of such Municipal area.

(Substituted by Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.) [(2) A copy of every resolution passed by Municipality at a meeting shall, within three days from the date of the meeting, be forwarded to-

(a) the Magistrate of the district;

(b) each of the Councillors of the Municipality; and

(c) the State Government or to such officer or authority appointed by the State Government for the purpose of inspecting or superintending the operation of the municipal area.

(3) The minute book shall be kept in the custody of the Executive officer and shall not be taken out of the Municipal office except when called for by any Court of law or by the District Magistrate :

Provided that if Chairperson, vice-Chairperson (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [***] or any Councillors desires to inspect the minute book in the Municipal office the Executive Officer shall produce the same before him.]

Section 72 - Powers to make regulations as to business and affairs

Every Municipality subject to the control and approval of the State Government, shall make regulations as to-

(a) the time and place of its meetings, the business to be transacted at the meeting and the manner in which notice of meetings shall be given:

(b) preserving order and the conduct of proceedings at the meetings, the due record of all dissents and discussions and the adjournment of meetings and the powers which the President may exercise for the purpose of enforcing his decision on points of order;

(d) the division of duties amongst its members and constitution and procedure of Committees;

(e) delegation of powers, duties or functions of the Municipality and the powers to be exercised by the Chairperson or Vice-Chairperson (Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [***] or Councillors or officers or servants of the Municipality or Government servants or by Committees or its President or any one or more of their members;]

(f) the person by whom receipts shall be granted for money received under this Act;

(g) the duties, appointment of the officers and servants of the Municipality; and

(h) other similar matters;

Provided that all regulations made under this section and all orders repealing or altering any such regulation, shall be considered by the Municipality at a meeting specially convened for the purpose and be subject to the approval of not less than two thirds of the number of Councillors present at the meeting.

All such regulations as aforesaid shall be published in the Gazette and in such other manner as the State Government may direct and so far as they are consistent with any rules made by the State Government under this Act, shall upon such publication have the force of law.

Chapter VIII - ESTABLISHMENT UNDER MUNICIPALITY

Every Municipality subject to the control and approval of the State Government, shall make regulations as to-

(a) the time and place of its meetings, the business to be transacted at the meeting and the manner in which notice of meetings shall be given:

(d) the division of duties amongst its members and constitution and procedure of Committees;

(f) the person by whom receipts shall be granted for money received under this Act;

(g) the duties, appointment of the officers and servants of the Municipality; and

(h) other similar matters;

Section 73 - Municipality may determine its establishment

(1) Every Municipality may, with the previous sanction of the State Government and subject to the provisions of this Act, and the rules made thereunder, from time to time determine the officers and servants required to be employed by it or by any Joint Committee, constituted under Section 61 or by any Committee of the Municipal area and shall fix or alter the number, designation, grades, salaries, fees and allowances payable to such officers and servants.

(2) Notwithstanding anything contained in Sub-section (1), the Municipality may, in the case of an emergency, make provision for temporary employment under it of an officer or servant for a period not exceeding (Substituted by Orissa Act No. 10 of 1997 w.e.f. 19.5.1997) [forty four days]:

(Inserted by ibid.) [Provided that the qualification for employment and the salary and allowances in respect of such officer or servant shall not be different from those prescribed in respect of officers or servants of similar cadre.]

(Inserted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.) [Provided further that the creation of any post for the purposes of the Sub-section shall immediately be communicated to the State Government.]

(3) This qualifications of candidates for an employment shall be such as may be prescribed.

Section 73-A - Pelanties

(Inserted by Orissa Act No. 10 of 1997 w.e.f. 19.5.1997) [(1) Where any holder of an elective office or any officer or anuthority makes any appointment, or causes any appointment to be made, in contravention of the provisions of this Act-(a) it shall be deemed in the case of the holder of an elective office that he has abused his position or power and accordingly, the State Government shall initiate proceedings for his removal; and

(b) in the case of an officer or authority, it shall be deemed that he is guilty of misconduct and the competent authority shall initiate action under the relevant disciplinary rules;

and such holder of elective office of the officer or authority, as the case may be, shall be punishable with imprisonment for a term which shall not be less than six months but which may extent upto two years and also with fine which shall not be less than five thousand rupees and which may extend upto ten thousand rupees.

(2) In addition to taking action under Sub-section (1), the pay and allowances paid to the person whose appointment is in contravention of the provisions of this Act shall be deemed to be an illegal payment and a loss to the Municipality and the same shall be recoverable by surcharging it under the Orissa Local Fund Audit Act, 1948 (Orissa Act 5 of 1958), against such holder of elective office, officer or authority who makes such appointment.

(3) No Court shall take cognizance of an offence punishable under Sub-section (1) except with the previous sanction of the State Government.

Section 73-B - Bar for regularisation of services

No person who is appointed on a temporary basis under Sub-section (2) of Section 73 and is continuing as such at the commencement of the Orissa Municipal (Amendment) Act, 1997 shall have or shall be deemed ever to have a right to claim for regularisation of his services on any ground whatsoever and the services of such person shall be liable to be terminated at any time without any notice and without assigning any reason thereof-

Provided that in case of workmen falling within the scope of Section 25-F of the Industrial Disputes Act, 1947 (14 of 1947), one month's wages and such compensation as would be payable under the said Section shall be paid in case of termination of services.

Section 73-C - Abatement of claims

Notwithstanding anything contained in any judgment, decree or order of any Court, tribunal or other authority, the claims for regular appointment of all persons appointed on a temporary basis under Sub-section (2) of Section 73 shall stand abated and, accordingly-

(a) no suit or other proceeding shall be instituted, maintained or continued in any Court, tribunal or other authority by the temporary appointees agaisnt the Municipality or any person or authority whatsoever for the regularisation of the service;

(b) no Court shall enforce any decree or order directing the regularisation of the services of such persons; and

(c) all proceedings pending in any Court or tribunal claiming the regularisation of services of such persons shall abate.]

Section 73-D - Irregular appointments to be voidable

(Inserted vide Orissa Act 6 of 2002, O.G.E. No. 566, Dt. 26.4.2002.) [Any appointment made by a Municipality without the previous sanction of the State Government as required by Sub-section (1) of Section 73 shall be treated as voidable.]

Section 74 - Executive officer, Engineer and Health Officer

(1) Every Municipality shall have-

(a) an Executive Officer,

(b) an Engineer, and

who shall be servants of the State Government, appointed (Inserted vide Orissa Act No. 20 of 1986.) [by the State Government ] to the Municipality, (Substituted by Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.) [on such conditions as may be prescribed; and their work shall be subject to the general powers of supervision of the Chairperson:]

Proviso- (Omitted Ibid.) [** *]

(Substituted by Orissa Act No. 20 of 1968.) [Provided that the State Government may appoint a member of the Orissa Local Fund Service constituted under the Orissa Local Fund Service Rules, 1975 as an Executive Officer or as an Engineer on such conditions as may be prescribed :

Provided further that if any Municipality is unable to maintain a whole-time Engineer or a whole-time Health Officer, any officer of the Public Works or Public Health Engineering Department, of the Health Department, as the case may be, may be appointed by the State Government as part-time Health Officer of the Municipality on such terms as may be prescribed:]

Provided further that when an Officer of the Public Works or Public Health Department is appointed to exercise powers and discharge functions under this Act, such of the powers and functions as are provided under Chapters, VIII, XIV and XV shall be exercised by the Executive Officer after consultation with such officer or officers as so appointed.

(Inserted by Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.) [(1-a) The State Government may, on the recommendation of the Municipality appoint an Additional or Assistant Executive Officer ⁽Inserted by Orissa Act No, 20 of 1989. ) [and an Additional Engineer.]

(1-b) (Deleted by Orissa Act No. 5 of 1988 w.e.f. 17.12.1987.) [** *]

(2) The State Government may in case of emergency direct--

(i) that the Municipal Council shall appoint such number of additional subordinate staff, as State Government consider necessary, and if the Municipal Council fails to appoint such additioanal staff, within a period to be fixed by State Government, the State Government, may appoint such number of staff and realise the cost thereof, either in whole or in part, from the Municipal Council; and

(ii) that the Municipal Council shall pay such travelling allowance to such officer or officers as admissible under the rules for the time being in force.

Section 75 - Scale of establishment and appointment and dismissal of officers and servants

Subject to the scale of establishment under Section 73, ¹[the] Selection Committee consisting of the Chairperson and a Councillor of the Municipality elected for this purpose and the Executive Officer, the Engineer or the Health Officer, as the case may be, shall have power to select such persons as they may think fit, from time to time, such persons shall thereupon be appointed by the Chairperson :

(Substituted by Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.) [Provided that in the case of selection of teachers (Omitted vide Orissa Act No. 10. of 1997 w.e.f. 19.5.1997.) [***] concerned District Inspector of Schools shall also be a member of the Selection Committee :

Provided further that the Executive Officer, the Engineer and the Health Officer shall, subject to the approval of the Chairperson have power to make appointment in respect of such posts as may be prescribed.]

Section 76 - Power to punish Municipal Officers or servants

Subject to the provisions of this Act or any rules thereunder and to such control as may be prescribed, the Chairperson of a Municipality may, ensure fine, withhold promotion, reduce, suspend, remove or dismiss any officer or servant of the Municipality in its service, except the Engineer, the Health Officer and the Executive Officer for any breach of departmental rules or discipline or for carelessness unfitness, neglect of duty or other misconduct:

(Substituted by Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.) [Provided that-

(1) a mere order of suspension shall not be declared or construed as a punishment;

(2) during the period of suspension the person suspended shall be entitled to such subsistence allowance as is admissible to an employee of the State Government of similar rank;

(3) the Executive Officer, the Engineer and the Health Officer shall have power to suspend, fine or otherwise punish or dismiss or discharge any employee appointed by them and all actions taken in exercise of the said power shall be intimated to the Chairperson.]

Section 77 - Appeal against order of punishment

(Substituted by Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.) [(1) An appeal against any order passed under Section 76 shall lie, if such order was passed by-

(a) the Executive Officer, Engineer or Health Officer to the Municipality; and

(b) the Chairperson to the State Government.

(2) An appeal under this Section shall be preferred and disposed of in such manner as may be prescribed.]

Section 77-A - Procedure relating to disciplinary action

(Inserted by Orissa Act No. 2 of 1992 w.e.f. 22.11.1991.) [The procedure laid down in the Orissa Civil Services (Classification, Control, and Appeal) Rules, 1962, in so far as they are not inconsistent with this Act, shall mutatis mutandis apply to the officers and servants of every Municipality on whom the Chairperson of the Municipality is empowered under Section 76 to impose punishments.

Orissa State Acts

Orissa Municipal Act, 1950 Complete Act - Bare Act

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