The Orissa Munic1pal Councils (Postponement of Elections) Act, 1991 Complete Act - Bare Act

ORISSA ACT 15 OF 1991

TABLE OF CONTENTS

PREAMBLE

SECTIONS

1. Short title

2. Definitions

3. Postponement of general elections, consequences and validation

SCHEDULE

[For statement of objects and reasons see Orissa Gazette, Extra Ordinary, dated the 26^th February 1991, (No.230)]

[Received the assent of the Governor on the 29^th May 1991, first published in an extraordinary issue of the Orissa Gazette, dated the 4^th June 1991]

AN ACT PROVIDE FOR THE POSTPONEMENT OF ELECTIONS TO MUNICIPAL COUNCILS OF THE STATE.

it enacted by the Legislature of the State of Orissa in the Forty-second Year of the Republic of India as follows:-

. This Act may be called the Orissa Municipal Councils (Postponement of Elections) Act 1991.

. In this Act, unless the context otherwise requires,-

(a) "Municipal Act" means the Orissa Municipal Act, 1950;

(b) "Municipal Council" means a Municipal Council constituted under the Municipal Act and includes a Notified Area Council constituted thereunder;

(c) Words and expressions used herein and not defined in this Act but defined in the Municipal Act shall have the same meanings as respectively assigned to them in the Municipal Act.

. Notwithstanding anything contained in the Municipal Act, the Balugaon Notified Area Council (Extension of Term of Office and Validation) Act, 1990, the Orissa Municipal Councils (Reduction of Term of Office) Act, 1990, the Bhubaneswar Municipal Council (Postponement of Election and Validation) Act, 1990 or any other Act or in any rules or orders or notifications made or issue under the Municipal Act,-

(a) all proceedings or actions taken in furtherance of holding general elections for the constitution or reconstitution, as the case may be, of the Municipal Council specified in the Schedule are hereby cancelled;

(b) the general elections for the constitution or reconstitution, as the case may be, of the said Municipal Councils shall be held in accordance with the provisions of the Municipal Act and the rules made thereunder on such date, not being later than the 31^st December, 1991 as the State Government may, by notification, direct, and the Municipal Councils so reconstituted shall, for all intents and purposes, be deemed to have been constituted under and be governed by, the provisions of the Municipal Act;

(c) all actions taken, things done or order passed by the Special Officer, appointed under sub-section (1) of section 423 of the Municipal Act in relation to the Bhubaneswar Municipal Council during the period commencing on the 1^st January, 1991 till the date of commencement of this Act, under the belief or purported belief that the election to the said Municipal Councils was validly postponed shall, for all intents and purposes, be deemed to have been validly taken, done or made, as the case may be, and no such action, thing or order shall be called in question in any court of law or otherwise open to challenge merely on the ground that the election to the said Municipal Council was not validly postponed; and

(d) the omission on the part of the Special Officer referred to in clause (c) for not holding the election to the Bhubaneswar Municipal Council within the required time shall not be called in question in any Court of Law or otherwise open to challenge merely on the ground that the Special Officer did not act in accordance with the law.

Serial Number Name of the Municipal Councils

1 Banki Notified Area Council

2 Pattamundai Notified Area Council

3 Puri Municipal Council

4 Khandapara Notified Area Council

5 Jaleswar Notified Area Council

6 Bhadrak Municipal Council

7 Nilagiri Notified Area Council

8 Brajarajnagar Municipal Council

9 Barpalli Notified Area Council

10 Barbil Municipal Council

11 Joda Notified Area Council

12 Bolangir Municipal Council

13 Patnagarh Notified Area Council

14 Rourkela Municipal Council

15 Chatrapur Notified Area Council

16 Kabisuryanagar Notified Area Council

17 Aska Notified Area Council

18 Ganjam

Notified Area Council

19 Jeypore Municipal Council

20 Gunupur

Notified Area Council

21 Baripada Municipal Council

22 Bhubaneswar Municipal Council

23 Balugaon Notified Area Council

24 Jaipur Municipal Council

25 Kendrapara Municipal Council

26 Jagatsingpur Notified Area Council

27 Jaipur Road Notified Area Council

28 Athagarh Notified Area Council

29 Nayagarh Notified Area Council

30 Khurda Notified Area Council

31 Jatani Notified Area Council

32 Pipli Notified Area Council

33 Banapur Notified Area Council

34 Nimapara Notified Area Council

35 Basudebpur Notified Area Council

36 Soro Notified Area Council

37 Rairangpur Notified Area Council

38 Udala Notified Area Council

39 Karanjia Notified Area Council

40 Jharsuguda Municipal Council

41 Bargarh Municipal Council

42 Deogath Municipal Council

43 Padampur Notified Area Council

44 Kuchinda Notified Area Council

45 Talcher Municipal Council

46 Angul Notified Area Council

47 Bhuban Notified Area Council

48 Sonepur Municipal Council

49 Titilagarh Notified Area Council

50 Kantabanji Notified Area Council

51 Tarava Notified Area Council

52 Binika Notified Area Council

53 Rajgangpur Municipal Council

54 Sorada Notified Area Council

55 Rambha Notified Area Council

56 Gopalpur Notified Area Council

57 Hinjilicut Notified Area Council

58 Kashinagar Notified Area Council

59 Polsara Notified Area Council

60 Khallikote Notified Area Council

61 Buguda Notified Area Council

62 Chikiti Notified Area Council

63 Purusottampur Notified Area Council

64 Digapahandi Notified Area Council

65 Nowrangpur Municipal Council

66 Rayagada Municipal Council

67 Kotpad Notified Area Council

68 Umerkote Notified Area Council

69 Gudari Notified Area Council

70 Khariar Notified Area Council

71 Kbariar Road Notified Area Council

72 Junagarh Notified Area Council

73 Kesinga Notified Area Council

74 Phulbani Notified Area Council

75 Balasore Municipal Council

76 Sambalput Municipal Council

77 Keonjhar Municipal Council

78 Dhenkanal Municipal Council

79 Sundargarh Municipal Council

80 Berhampur Municipal Council

81 Bhawanipatna Municipal Council

82 Konark Notified Area Council

83 Kodala Notified Area Council

84 Kamakshyanagar Notified Area Council

85 Malkangiri Notified Area Council

86 G. Udayagiri Notified Area Council

87 Boudhgarh Notified Area Council

88 Koraput Notified Area Council

89 Biramitrapur Municipal Council

90 Paralakhemundi Municipal Council

91 Bellaguntha Notified Area Council

92 Bhanjanagar Notified Area Council

93 Chaudwar Municipal Council

94 Anandapur Notified Area Council

95 Hirakud Notified Area Council

96 Cuttack Municipal Council

ORISSA ACT 1 OF 1992

[For the Bill, see Orissa Gazette, Extraordinary, dated the 16^th December 1991 (No. 1513)]

[Received the assent of the Governor on the 21^st January 1992 first published in an extraordinary issue of the Orissa Gazette dated, the 21^st January 1992]

AN ACT TO AMEND THE ORISSA MUNICIPAL COUNCILS (POSTPONEMENT OF ELECTION) ACT 1991.

E it enacted by the Legislature of the State of Orissa in the Forty-second Year of the Republic of India as follows:-

. (1) This Act may be called the Orissa Municipal Councils (Postponement of Elections) Amendment Act, 1991.

(2) It shall be deemed to have come into force on the 22^nd day of November, 1991.

. In the Orissa Municipal Councils (Postponement of Elections) Act, 1991 (hereinafter referred to as the principal Act), in clause (b) of section 3, for the figures, letters and word "31^st December, 1991", the figures, letters and word "29^th February, 1992" shall be substituted.

. (1) The Orissa Municipal Councils (Postponement of Elections) Amendment Ordinance, 1991 is hereby repealed.

(2) Notwithstanding such repeal, any thing done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.

ORISSA ACT 35 OF 1992

[For the Bill, see Orissa Gazette, Extraordinary, dated the 28^th October 1992 (No. 1460)]

[Received the assent of the Governor on the 5^th December 192, first published in an extraordinary issue of the Orissa Gazette dated the 14^th December 1992]

AN ACT FURTHER TO AMEND THE ORISSA MUNICIPAL COUNCILS (POSTPONEMENT OF ELECTIONS) ACT, 1991.

E it enacted by the Legislature of the State of Orissa in the Forty-third Year of the Republic of India as follows:-

. (1) This Act may be called the Orissa Municipal Councils (Postponement of Elections) Amendment Act, 1992.

. In the Orissa Municipal Councils (Postponement of Elections) Act, 1991, in clause (b) of section 3, after the words, figures, letters and comma "the 29^th February, 1992", the commas, words, figures and letters, "except in the case of the Sonepur Municipal Council and the Binika Notified Area Council in which case such election being held not later than the 30^th June, 1993" shall be inserted.