THE ODISHA MUNICIPAL ACT, 1950

THE ORISSA MUNICIPAL ACT, 1950 1(Orissa Act 23 of 1950) 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 follow : CHAPTER - ICHAPTER - ICHAPTER - ICHAPTER - ICHAPTER - I PRELIMINARY 1. Short title, extent 2[, commencement and application] :– (1) This Act may be called 1[the Orissa Municipal Act, 1950] (2) It shall extend to the whole of the State of Orissa. (3) It shall come into force 2in 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 not 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 Government and shall take effect on this Act coming into force. 3[(6) Nothing in this Act shall apply to the Scheduled Areas referred to in clause (1) of Article 244 of the Constitution.] 1. Legislative Papers - For statement of Objects and Reasons see Orissa Gazette, Extraordinary, dated 25.03.1950, for Report of Select Committee see ibid, dated the 29.07.1950. pp. 1-20 and for Proceedings in the Assembly, see proceedings of the Orissa Legislative Assembly, 1950, Vol. XII, p. 1361-1362; assented to on 11.11.1950. 2. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 3. Inserted by the Orissa Act 11 of 1994 w.e.f. 31.05.1994. F:\Final Law Book (English)\ Municipal Corporation Manual\ Municipality Act\The Orissa Municipal Act, 1950.pmd 2st Proof-Dt. 11.09.2008 The Odisha Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY 2 THE ORISSA MUNICIPAL MANUAL 2. Enactments 1repealed and amended :– On and from the date this Act comes into force in any local area or areas the enactments specified in Schedule I and Schedule II so far as they are in force in the State of Orissa, shall be repealed to the extent mentioned in the third column of Schedule I and be amended to the extent and in the manner mentioned in the third column of Schedule II.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 receive 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. 3. Definitions :– In this Act, unless there is anything repugnant in the subject or context– 2[(1) 'Assembly Constituency' shall have the same meaning as has been assigned to it in the Representation of the People Act, 1950(43 of 1950);] 2[(1-a)] 'building' includes a house, outhouse, stable, latrine, shed, hut, wall (other than a boundary wall not exceeding ten feet in height) and any other such structure, whether of masonry, brick, wood, mud,metal or any othe 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, tricycle,rickshaw, cycle-rickshaw, but does not include a motor vehicle within the meaning of the Motor Vehicle Act, 1939(IV of 1939); (4) 'cart' means a vehicle ordinarily drawn by animals and not ordinarily used for the 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 3[the Companies Act, 1956 (1 of 1956)] or an existing company as defied in the said Act and includes any farm or association carrying on business in the State of Orissa whether incorporated or not 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; 4[(7-a) 'Director' means the Director of Municipal Administration appointed under Section 393-A]; 1. (a) It came into force on the following areas on the 16.04.1951 - vide notification NO. 3001-L.S.G., dated the 16.04.1951, published in the Orissa Gazette-Extraordinary of the even date. Areas- Cuttack, Jajpur, Bhawanipatna, Puri, Berhampur, Talcher, Balasore, Paralakhemundi, Dhenkanal, Sambalpur, Baripada, Keonjhar, Kendrapara, Bolangir, Deogarh, Sonepur and Sundargarh. (b) It came into force in Bargarh and Jeypore on the 28.08.1951- Vide notification No. 5117-L.S.G., dated 28.08.1951, published in the Orissa Gazette, Pt. III. pp. 1094-95 2. Clause (1) is renumbered as clause (1-a) and before clause (1-a) as so renumbered clause (i) is inserted by the Orissa Act 16 of 1968, w.e.f. 01.08.1968. Note- The Orissa Municipal (Amendment) Act, 1968 (Orissa Act 16 of 1968) came into force w.e.f. 01.08.1968- Vide Notification No. 13258 - Spl. 36/68 (Part II)-U.D., dated 31.07.1968-Orissa Gazette Extraordinary, dated 31.07.1968 (858). 3. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 4. Inserted by the Orissa Act 16 of 1968, w.e.f. 01.08.1968. 3THE ORISSA MUNICIPAL ACT, 1950 (8) 'drain' includes a sewer, 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 water; 1[(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 substance and all offensive matter; 1[(9-a) 'Finance Commission' means the Finance Commission consituted 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 perparation 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 from apart and parcel of the site or premises of a dwelling-house manufactory, ware-house or place of trade or business, such holdings shall be deemed to be one holding for the proposes of the 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 a drain or affording access to a latrine, urninal, 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 ware-house; (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 of whatever material made, which the Municipality may declare to be a hut for purpose of this Act; (15) 'latrine' includes privy, water-closet and urinal; 2[(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 suboridnate to the District Magistrate to whom he may delegate all or any of his powers under this Act; 1. Inserted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 2. Inserted by the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published in Orissa Gazetted, Extraordinary, No. 566, Dt. 26.04.2002 4 THE ORISSA MUNICIPAL MANUAL (17) 'market' includes any place where persons daily or periodically assemble for the sale of meat, butter, ghee, fish, fruit, vegetable or livestock; 1[(17-a) 'Municipal area' means the territorial area of a Municipality;] 1[(17-b)'Municipality' means a Notified Area Council or a Municipality 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 hearing 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, guardian, manager or receiver for another person on 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' 1[(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 Zilla Parishad Act, 1991(Orissa Act 17 of 1991); and ] (22) 'Part of a 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; 1[(23-a) 'Population' means the population as ascertained at the last preceding census of which of the relevent 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 consituted under Section 114; (27) 'Private road' means any street, road, square, court, alley, passage or riding path which is not a 'public road' but does not includes a pathway made by the owner of premises on his own land to secure access to or the convenient use of such premises; 1. Inserted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 5THE ORISSA MUNICIPAL ACT, 1950 (28) 'Public health' includes water supply, conservancy, drainage and any other measure for the improvement of the sanitation and prevention of public nuisance; (29) 'Public road' means by street, road, square, court, alley, passage or riding path over which the public have a right of 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 bridge or causeway and the land whether covered or not by any pavement,verandah or other structure, which lies on either side of the roadways up to the boundaries of adjacent property whether that property is private property or property belonging to the State; (30) 'Public water courses, spring wells and tanks' include those used by the public to such and 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 framework 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 of 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 dwelilng-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 dwellling-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 of returning; (33) 'rubbish' means dust, ashes, broken bricks, mortar, broken glass and refuse of any kind which is not 'filth' 6 THE ORISSA MUNICIPAL MANUAL (34) 'Scavenger' means a person employed in collecting or removing filth, in cleansing drains or slaughter-houses or in driving carts used for the removal of filth; (35) 'road-alignment' means a 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. –––––––– ––––––––––––––––––––––––––– 1 to 67. [* * *] 1[68. General amendments– In the principal Act, for the expressions– (a) 'municipality' and 'municipalities' wherever they occur conveying the meaning of an area or areas, as the case may be, the expressions 'municipal area' and 'municipal areas' shall respectively be substituted; (b) 'council and 'councils' wherever they occur, the expressions, 'municipality' and 'municipalities' shall respectively be substituted;and (c) 'municipal council' and 'municipal councils' wherever they occur, the expressions, 'municipality' and 'municipalities' shall respectively be substituted; (d) 'Chairman' and 'Vice-Charman' wherever they occur, the expressions, 'Chairperson' and 'Vice-Chairperson' shall respectively be substitued.] –––––––– 1. Section 68 of the Orissa Municipal (Amendment) Act, 11 of 1994, w.e.f. 31.05.1994 is given here. 7THE ORISSA MUNICIPAL ACT, 1950 CHAPTER - IICHAPTER - IICHAPTER - IICHAPTER - IICHAPTER - II CONSTITUTION OF MUNICIPALITIES 1[4. Constitution of municipality– (1) There shall be constituted by the State Government– (a) a Notified Area Council for every transitional area; (b) a Municipality for every smaller urban area; and (c) a Municipal Corporation for every larger urban area, in accordance with the provisions of this Act; Provided that no such Municipality 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 deem fit, by notification, specify to be an industrial township. (2) In this section, 'a transitional area' a smaller urban area' or 'a larger urban 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. 2[Provided that before publication of the 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, twenty-five 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 Municipality constituted prior to, and existing at, the commencement of 1. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 2. Inserted by Orissa Act 10 of 1994, w.e.f. 19.05.1997 8 THE ORISSA MUNICIPAL MANUAL 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 it Chairperson and Vice- Chairperson) and every Municipality (including Chairperson, Vice- Chairperson and Additional Vice-Chairperson), 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 as it stood prior to such commencement unless sooner dissolved by a 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 Municipality for the smaller urban area so subsequently specified; (ii) the Municipality 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 Municipality shall be deemed to be Chairperson, Vice-Chairperson and other members of the deemed Municipality or as the case may be, of the deemed Municipal Corporation; (iv) all the assets and liabilities of the existing Notified Area Council shall develope upon the deemed Municipality or, as the case may be, that of the existing Municipality shall develope upon the deemed Municipal Corporation; (v) the provisions of this Act and of the rules, bye-laws, notification or orders made thereunder which were in force throughout such transitional area, or as the case may be, the municipality shall apply to the territorial of such deemed Municipality or, as the case may be, deemed Municipal Corporation; (vi) the proceeding commenced, if any, for reconstitution of the exiting Notified Area Council or, as the case may be, existing Municipality shall continue as if such proceedings were commenced in relation to the deemed Municipality or, as the case may be deemed Municipal Corporation.] 9THE ORISSA MUNICIPAL ACT, 1950 1[5. Application of Act and subsidiary orders in areas included within a municipality :– When any local area is included in a municipality by a notification referred to in sub-section (2) or Section 4, all the provisions of this Act and of the rules, bye-laws, notifications or orders made thereunder which, immediately before such inclusion, were in force throughout such municipality shall be deemed to apply to such local area, unless it is otherwise directed in and by the said notification.] 1[6. Continuance of Act and subsidiary orders in municipalities formed by division :– When any municipality 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 municipality shall be deemed to be in force in the same part of the Municipalities formed by such division, unless it is otherwise directed in and by the said notification.] 7. Abolition of Municipalities– (1) The 1[Governor] may by notification abolish any municipality to which this Act applies : Provided that– (a) The 1[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 it explanations and objections, if any; (b) the notification shall contain a statement of the 1[Governor's] reasons. (2) From such date, as may be specified in such notification this Act and all notifications, rules, bye-laws, regulations, orders, directions and powers issued, made or conferred under this Act, shall cease to apply to the area previously comprised in the municipality; 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 municipality. 1[8. Compositions of Municipalities :– Every Municipality shall be composed of the following Councillors, namely– (a) one Councillor elected directly from every ward within the municipality; (b) a person having special knowledge or experience in municipal administration as may be nominated by the State Government: Provided that the Councillor 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][; 1. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 10 THE ORISSA MUNICIPAL MANUAL 1[(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 State registered as elector within the Municipal area: Provided that no such member shall have the right to attend any meeting of the Municipality convened under Sections 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.] 9. Incorporation of Municipality :– 2[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 any such property held by it, 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. 2[10. Manner of election of Councillors :– (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 Election Symbols (Reservation and allotment) Order, 1968; and (c) 'Political Party' means a 'National Party' or, as the case may be, a '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.] 2[11. Reservation of seats for Scheduled Castes, Scheduled Tribes, Women and backward class of citizens :– (1) There shall be reserved, by the 3[District Magistrate], seats in every Municipality for the Scheduled Castes and the 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 1. Semi-colon is substituted for full stop at the end of proviso to clause (b) and clause (c) is insterted by the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published in Orissa Gazette, Extraordinary, No. 566, dt. 26.04.2002. 2. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 3. Substituted by the Orissa Act 19 of 1995 w.e.f. 19.10.1995. 11THE ORISSA MUNICIPAL ACT, 1950 as the population of the Scheduled Castes in the concerned Municipality or of the Scheduled Tribes in that area bears to the total population of that area and such seats shall be allotted by rotation to different wards in a municipality : Provided that where the population of the Scheduled Castes or, as the case may be, the Scheduled Tribes in a municipality 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 municipality. (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 served 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. 1[(3) As nearly as may be, but not less than, twenty-seven percentum 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.] 1[(3-A) 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 backward 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 1[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 municipality. (5) Where a particular ward 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) 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.] 11-A. 2[* * *] –––––––– 1. Substituted by the Orissa Act 19 of 1995, w.e.f. 19.10.1995. 2. Section 11-A is omitted and substituted in Chapter III for Section 12 by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 12 THE ORISSA MUNICIPAL MANUAL CHAPTER - III ELECTION AND ELECTION PETITION 1[11-A. Superintendence, direction and control of the elections to vest in the Election Commission :– The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of ,all Elections to Municipalities shall be vested in the Election Commission.] 2[11-B. Election Officer, Polling Officer etc. deemed to be on deputation to Election Commission :– Any officers and employees of the State Government, made available to the Election Commission pursuant to Clause (3) of Articles 243-K of the Constitution for the discharge of the functions conferred on the Election Commission by clause (1) of that Article, when appointed by 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 Commission 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.] 1[12. General Election of Councillors and formation of wards :– (1) A general election of the Councillors specified in clause (a) of Section 8 shall be completed– (a) for the purpose of constituting a 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 period of five years from the date appointed for its first meeting referred to in clause (a) of sub-section (2) of Section 47: 3[* * *] (c) 3[* * *] (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 municipality to elect Councillors in accordance with the provisions of this Act and of the rules and orders made thereunder. 4[(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 Municipality already in existence at the time the notification is made, after consulting the concerned Municipality, by notification–] 1. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 2. Inserted by the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published in Orissa Gazette, Extraordinary, No. 566, dt. 26.04.2002. 3. Proviso & clause (c) omitted by the Orissa Act 8 of 1996, w.e.f. 21.04.1996. 4. Substituted by the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published in Orissa Gazette, Extraordinary, No. 566, dt. 26.04.2002. 13THE ORISSA MUNICIPAL ACT, 1950 (a) divide the Municipal area into wards; (b) determine, subject to other provisions of this Act, the wards in which the seats reserved under Section 11 shall be set assigned; Provided that– (i) in dividing a 1[Municipal area] into wards, equitable distribution of population among the various wards and the compactness of area forming each ward shall be taken into consideration; and (ii) the number of wards in any municipality shall not be less than eleven and more than forty. 2[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 then notification which shall be disposed of by the appellate authority within thirty days from the date of its filling, after giving the person concerned opportunity of being heard, and the decision of the appellate authority shall be final.] 3[(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 municipality shall be divided, the extent of each 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 then 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 if any, in the Municipality.] 4[13. Electoral Roll :– (1) Except as otherwise provided in this Act or the rules made thereunder all persons registered by virtue of the Representation of the People Act, 1950 (43 of 1950), in so much of the electoral roll for any Assembly Constituency 1. Substituted by the Orissa Act 19 of 1995, w.e.f. 19.10.1995 2. Inserted by the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published in Orissa Gazette, Extraordinary, No. 566, dt. 26.04.2002. 3. Inserted by the Orissa Act 19 of 1995, w.e.f. 19.10.1995. 4. Substituted by the Orissa Act 16 of 1968 w.e.f. 01.08.1968. 14 THE ORISSA MUNICIPAL MANUAL for the time being in force so relates to the Municipality 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 Municipality. (2) So much of the electoral of the Municipality 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 of the ward for the purposes of this Act. (3) The manner of splitting up of the electoral roll for the purpose of preparation of the aforesaid register, the manner of revision of such register from time to time and the officer or authority by whom such spliting up or revision is to be carried out shall be as may be prescribed. 1[(4) Nothing in this section shall debar the Election Commission to adopt, or provide for, any other mode for preparation of electoral rolls for the purpose of elections to Municipalities.] 14. Electors :– (1) 2[* * *] 2[(2)] No person who is not for the time being on the electoral roll of the ward shall be entitled to vote at an election in respect of the ward. 15. 3[Removal of name from electoral roll.]– (1) 3[* * *] (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 the conviction or if not on the electoral roll, shall not be so registered for a like period: Provided that that Governor may direct that the name of any person to whom this sub-section applies shall be registered on the electoral roll: Provided further that convictions for offences of a political character shall not operate as a disqualification under this sub-section. 16. Disqualification of candidates for election– (1) No person shall be qualified for election 3[as 4(* * *) a Councillor of a Municipalilty] if such person– (i) is not included in the electoral roll of the Municipality; or 5[(ii) is less than 6(twenty-one years) of age; or]. (iii) is unable to read and write either English, Hindi or the language of the State; or 1. Inserted by the Orissa Act 19 of 1995, w.e.f. 19.10.1995. 2. Section 14 was renumbered as sub-section (2) after inserting sub-section (1) by the Orissa Act 22 of 1978, w.e.f. 26.07.1978; and subsequently sub-section (1) is omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 3. Substituted by the Orissa Act 5 of 1990, w.e.f. 20.04.1990. 4. Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 5. Inserted by the Orissa Act 2 of 1992, w.e.f. 22.11.1991. 6. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 15THE ORISSA MUNICIPAL ACT, 1950 (iv) has been adjudged by a competent court to be of unsound mind or is 1(* * *) 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 arrear 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 preceding the year in which the election is held; or (vii) is a person against whom an order of surcharge for wilful negligence or 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, 1948 (V 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 joint-stock 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 (c) any newspaper in which any advertisement relating to the affairs of the Municipality is or may be inserted; 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 practitioner on behalf of the Municipality or as legal practitoner 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 2[(xi) is a Government servant either whole-time or part-time or 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 is not disqualified under this clause, the question shall be referred to the State Government whose decision shall be final; or 1. Omitted by "a deaf-mute", by the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published on Orissa Gazette, Extraordinary, No. 566, dt. 26.04.2002. 2. Substituted by the Orissa Act 16 of 1968, w.e.f. 01.08.1968. 16 THE ORISSA MUNICIPAL MANUAL (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 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 of any offence of corrupt or illegal 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 1[in that behalf; or] 2[(xiv) is disqualified by or under any law for the time being in force for the purpose of election to the Legislature of the State; or] 2[(xv) is disqualified by or under any law made by the Legislature of the State;or] 2[(xvi) has more than one spouse living; or ] 2[(xvii) has more than two children:] Provided that the disqualification under clause (xvii) shall not apply to 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] 3[(xviii) has given appointment to any person in contravention of the provisons of this Act and the rules made thereunder, during his tenure in the Municipality immediately preceding the election;] 3[(xix) has been removed under Section 53 during 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 the disqualification 4[5[* * *] a Councillor, his seat shall, notwithstanding anything contained in this section, 1. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 2. Inserted by ibid. 3. Inserted by the Orissa Act 10 of 1997, w.e.f. 19.05.1997. 4. Substituted by the Orissa Act 22 of 1978, w.e.f. 26.07.1978. 5. Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 17THE ORISSA MUNICIPAL ACT, 1950 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 or the sentence until that appeal or petition is disposed of but during any period during which his 1[Councillorship] is preserved under this sub-section, he shall not sit or vote in the Municipalilty. 17. Disqualification of 2[* * *] Councillor :– Subject to the provisions of Section 38 2[* * *] 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 described in that clause; or (b) becomes of unsound mind, 3(* * *) a leprosy or a tuberculosis patient; or (c) applies to be adjudicated, or is adjudicated an insolvent; or (d) subject to the proviso to clause (viii) of sub-section (1) of Section 16, acquires any interest in any subsisting contract, either directly or indirectly, made with or work being done for, the Municipality except as a 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 employment as a legal practitioner against the Municipality; or] 4[(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 an 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 is not disqualified under this clause the question shall be referred to the State Government, whose decisions shall be final; or (h) ceases to be resident within the Municipality; or 5[(i) 6[In the case of a Councillor] absents himself from four consecutive meetings without obtaining previous permission 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; 1. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 2. Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 3. Omitted "a deaf-mute", by the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published in Orissa Gazette, Extraordinary No. 566, dt. 26.04.2002. 4. Inserted by the Orissa Act, 16 of 1968, w.e.f. 01.08.1968. 5. Substituted by the Orissa Act 22 of 1978, w.e.f. 26.07.1978. 6. Inserted by the Orissa Act 5 of 1990, w.e.f. 20.04.1990. 18 THE ORISSA MUNICIPAL MANUAL Explanation :– Emergent or special meeting shall not be deemed to be meetings within the meeting 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. 1[(k) incurs any of the disqualifications specified in clauses (xiv) to (xvii) of sub-section (1) of Section 16.] 2[17-A. Limitation on election expenditure and accounts thereof :– (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 maintain, 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).] 18. Power to question election by petition :– (1) 3[The election of any person 4[* * *] as a Councillor] may be questioned by election 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 or lawful votes; or (c) that such person though enrolled as an elector was disqualified for election under the provisions of Sections, 15,16 and 29 1. Inserted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 2. Inserted by the Orissa Act 10 of 1997, w.e.f. 19.05.1997. 3. Substituted by the Orissa Act 22 of 1978, w.e.f. 26.07.1978. 4. Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 19THE ORISSA MUNICIPAL ACT, 1950 (2) 1[The election of any person 2(* * *) as 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. 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 costs 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 twenty-five or more electors of the ward. (3) A person whose election is questioned and when the petition states than any other candidate shall be declared elected in place of such person, every unsuccessful candidate, who has polled more votes than such candidate, shall be made opposite- party to the petition. 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 declared so elected in the same manner as if he had presented a petition against the election of such person. 21. Tribunal :– (1) An election petition shall be heard by the District Judge within whose jurisdiction the municipality situated (2) Such District Judge (hereinafter referred to as 'Tribunal') shall be deemed to exercise jurisdiction as persona designate and not acting in the capacity of a Judge of a Civil Court. 22. Procedure :– Except so far as may be otherwise provided by this Act or by rule, the procedure provided in the Code of Civil Procedure, 1908( V of 1908), in regard to suit, 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 sufficient in its opinion for the purpose of deciding the case; 1. Substituted by the Orissa Act 22 of 1978, w.e.f. 26.07.1978. 2. Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 20 THE ORISSA MUNICIPAL MANUAL (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 is 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 any person, considering himself aggrieved thereby if the application is presented within one month from the date of decision. 23. Power of the Tribunal :– (1) Unless it is otherwise prescribed, the Tribunal shall have the same powers and privileges as the Judge of Civil Court, and may for the purpose of serving any notice or issue of any process or doing any other such thing, be entitled to employ, with the consent of the Magistrate of the district, any peon 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. 24. Finding of Tribunal Court :– (1) if the Tribunal, after making such inquiry, as it deems 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 cost at its discretion. (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 as 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 for filling the vacancy. 25. Avoidance of election proceedings :– Notwithstanding anything contained in the preceding sections, if the Tribunal, in the course of the hearing of an election petition, is of opinion, that the evidence discloses– (i) that corrupt practices have prevailed at the election proceedings 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 21THE ORISSA MUNICIPAL ACT, 1950 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 measures 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 candidate to be disqualified for the purpose of such fresh election. Explanation :– In this section the expression' the election proceeding 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. 26. Disqualification for corrupt practices :– The Tribunal may declare any candidate, found to have committed any corrupt practice under the preceding section, to be incapable for any period not exceeding five years of being elected as a 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. 27. Saving of acts done by a Councillor before his election is set aside :– Where a candidate, who has been elected to be 1[* * *] a Councillor of a municipality, 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 municipality, shall not be invalidated by reason of that declaration. 28. Corrupt practices :– A person shall be deemed to have committed a corrupt practice who directly or indirectly by himself or by any other person– (a) induces, or attempts to induce 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 including 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) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of divine displeasure or of spiritual censure with a view to influence him in any way in connection with the election; (d) employs, instigates or threatens any form of social boycott of any voter or candidate or of any one in whom such voter or candidate is interested; 1. Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 22 THE ORISSA MUNICIPAL MANUAL (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 or 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 include him to withdraw from being a candidate at an election or being a candidate accepts any money or valuable consideration so offered; (h) abates (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 propose 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 his 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 elections held under the provisions of this Act, shall be punishable with imprisonment which may extend to six months or with fine or with both. 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 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 1[the office of 2[* * *] a Councillor] of a municipality for a period of 3[four years] from the date of his conviction or for such shorter period as the Court may, by order, determine. 1. Substituted by the Orissa Act 22 of 1978, w.e.f. 26.07.1978. 2. Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 3. Substituted by the Orissa Act 16 of 1968, w.e.f. 01.08.1968. 23THE ORISSA MUNICIPAL ACT, 1950 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 documents 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 1[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 this Act], who wilfully makes or procures or attempts to make or procure any improper entry in the electoral roll or any improper omission therefrom, shall be punishable with imprisonment which may extend to six months or with fine or with both. 31. Falsifying result of election :– Every person who in the course of electoral operations, falsifies or attempts to falsify the record and election by removing, destroying, altering or fabricating nomination papers voting papers or by any other act or by any omission shall be punishable with imprisonment which may extend to one year or with fine or with both. 32. Fraudulent voting and 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 not 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 any other person, living or dead or of fictitious person, shall be punishable with the punishment provided in sub-section (1). 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 any information, showing directly or indirectly for which candidate any voter has voted, and every person, who by improper means procures any such information, shall be punishable with imprisonment of either description for a term which may extend to six months or with fine or with both. 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. 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; 1. Inserted by the Orissa Act 6 of 2002 , w.e.f. 26.04.2002, published in Orissa Gazette, Extraordinary, No. 566, dt. 26.04.2002. 24 THE ORISSA MUNICIPAL MANUAL (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 date 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. 36. 1[* * *] 37. Bar to interference by Courts in election matters :– No election of a 2[3(* * *) Councillor shall be called in question in any court except under the procedure provided by this Act and the Rules, if any, made thereunder and no orders passed by the Tribunal in any 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 2[3( * * *) 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 2[3(* * *) Councillor] or (iii) to prohibit a 2[3( * * *) Councillor] formally elected to a municipality from entering upon his duties. 4[37-A. Protection of action taken in good faith :– 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.] 38. District Judge to decide question of disqualification of Councillors– (1) Whenever it is alleged that any person, who has been elected as 2[3(* * *) Councillor] is disqualified under Section 16 or 17 and such person does not admit the allegation or whenever any 2[3(* * *) Councillor] himself is in doubt whether or not he has become disqualified for office under Section 16 or 17, such 2[3(* * *) Councillor] or any other Councillor may, and the Chairperson at the request of the Council, shall apply to the District Judge of the district in which the municipality 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 2[3( * * *) Councillor] shall be entitled to act as if he were not disqualified. –––––––– 1. Omitted by the Orissa Act 16 of 1968, w.e.f. 01.08.1968. 2. Substituted by the Orissa Act 22 of 1978, w.e.f. 26.07.1978. 3. Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 4. Inserted by the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published in Orissa Gazette, Extraordinary, No. 566, dt. 26.04.2002. 25THE ORISSA MUNICIPAL ACT, 1950 CHAPTER - IV REMOVAL, RESIGNATION AND TERM OF COUNCILLORS 1[38-A. Removal of Councillor by Government : – (1) Without prejudice to the provisions contained in the foregoing section, the State Government may remove any 2[3( * * *) Councillor,] if they are satisfied that he has become subject to any of the disqualifications specified in Section17: Provided that no order for removal shall be made without giving the 2[3(* * *) Councillor] an opportunity of showing cause against the proposed removal. Provided further that no such order shall be made in cases where an application in respect of the said 2[3(* * *) 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[3(* * * ) 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.] 39. Publication of names :– The name of Councillors 4[of every municipality including its Chairperson and Vice-Chairperson] shall be published in the Gazette. 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 allowance as prescribed: Provided that the Chairperson 4[and Vice-Chairperson] may receive such monthly allowance as may be prescribed: 5[Provided further that the Councillors, Chairperson and Vice- Chairperson may receive such sitting allowance as may be prescribed.] 41. Term of office of 3[* * *] Councillors :– 4[(1) Save as otherwise provided in this Act,– (i) a Councillor whether elected at a general election, or nominated, to a Municipality shall hold office for 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 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 Councillor, if otherwise qualified, shall be eligible for reelection. 1. Inserted by the Orissa Act 16 of 1968, w.e.f. 01.08.1968. 2. Substituted by the Orissa Act 22 of 1978, w.e.f. 26.07.1978. 3. Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 4. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 5. Inserted by the Orissa Act 20 of 1986, w.e.f. 21.11.1986. 26 THE ORISSA MUNICIPAL MANUAL (3) Whenever the number of Councillors of an existing Municipality is increased as a result of increase in the number of wards thereof, the Additional Councillor or Councillors elected for the purpose shall, save as otherwise provided, continue till the expiry of the term of office of the other Councillors of the Municipality as provided in sub-section (1).] 42. Procedure when no Councillor is elected at an election :– (1) If at a general election or by-election to a municipality 1[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 amy be prescribed in that behalf. (2) If at such fresh election no Councillor is elected, the State Government shall 1[nominate] a person or persons 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 expired if he would have been elected 2[* * *] at the general election or by-election, as the case may be. 1[43. Resignation of Councillor :– (1) 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 or 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.] 1[44. Vacation of office by Councillor :– 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.] 45. Casual Vacancies :– If a Councillor 3[,elected or nominated] ceases to be a Councillor of a municipality by reason of his death, resignation, removal or otherwise the vacancy so caused shall be filled by 1[election or nomination, as the case may be] of another Councillor in the manner prescribed. 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 that 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) 2[* * *] –––––––– 1. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 2. Omitted by ibid. 3. Inserted by Ibid. 27THE ORISSA MUNICIPAL ACT, 1950 CHAPTER - V ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON 1[47. Election of Chairperson and Vice-Chairperson :– (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 a 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 women 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 women. (3) Notwithstanding anything to the contrary in sub-section (1)– (a) offices 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 2[in the Municipalities of the State bears to the total population of such Municipalities]; (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 number of offices reserved for women belonging to the Scheduled Castes 3[, 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 3[(d) as nearly as may be, but not less than, twenty-seven percentum of the offices of Chairpersons of Municipalities shall also be reserved in favour of Backward Class of citizens as referred to in clause (6) of Article 243-T of the Constitution; and 1. Substituted for Sections 47 & 47-A by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 2. Substituted by the Orissa Act 15 of 1996, w.e.f. 18.10.1996. 3. Substituted by the Orissa Act 19 of 1995, w.e.f. 19.10.1995 28 THE ORISSA MUNICIPAL MANUAL (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: 1[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, 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 Chairpersons (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 2[(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. 3[(7) If at the subsequent election held under sub-section (6) no 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 (a) of sub- section (2) of Section 47.]] 4[48. Vacation of office by Chairperson and Vice-Chairperson :– 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.] 5[49. Filling up casual vacancies :– On a vacancy occurring in the Office of the Chairperson 4[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: 6[* * *] 1. Added by the Orissa Act 19 of 1995, w.e.f. 19.10.1995. 2. Substituted by ibid. 3. Substituted by the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published in Orissa Gazette, Extraordinary, No. 566, dt. 26.04.2002. 4. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 5. Substituted by the Orissa Act 5 of 1990, w.e.f. 20.04.1990. 6. First proviso Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 29THE ORISSA MUNICIPAL ACT, 1950 1[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 3[Chairperson] continuing in the office as such is a woman.] 49-A. 4[* * *] 50. 5[* * *] 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. 6[52. Resignation of Chairperson or Vice-Chairperson :– (1) A 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.] 7[53 Removal of Chairperson or Vice-Chairperson :– (1) If at any time during the term of office of a Chairperson or a Vice-chairperson it comes to the notice of the State Government that such Chairperson or Vice-chairperson wilfully omits or refuses to carry out, or disobeys the provision of this Act or any rules, bye-laws, regulations or lawful orders issued thereunder, they may cause an enquiry to be made by the Director 8[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 Chair-person or Vice-Chairperson to submit his explanation within a period of three weeks through the enquiring officer. 1. Inserted by the Orissa Act 23 of 1992, w.e.f. 27.04.1992. 2. Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 3. Substituted by the Orissa Act 5 of 1990, w.e.f. 20.04.1990. 4. Omitted 'Failure of election of Chairperson of Vice-Chairperson' by the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published in Orissa Gazette, Extraordinary, No. 566, dt. 26.04.2002. 5. Omitted 'Status of appointed Chairpersn or Vice-Chairperson' by the Orissa Act 5 of 1990, w.e.f. 20.04.1990. 6. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 7. Substituted by the Orissa Act 16 of 1968, w.e.f. 01.08.1968. 8. Substituted 'or by an officer not bellow the rank of a District Magistrate' by the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published in Orissa Gazette, Extraordinary, No. 566, dt. 26.04.2002. 30 THE ORISSA MUNICIPAL MANUAL (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, regulations 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.] 1[54. Vote of no-confidence against Chairperson or Vice-Chairperson :– (1) Where at 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 along with the records of the proceedings at such meetings shall forthwith be forwarded to the State Government who 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. 2[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 calender 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 along with 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 ten 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 along, with a copy of the requisition 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 Municipality belongs who is specially authorised by him in that behalf shall preside over, conduct and regulate the proceedings of the meeting; 1. Substituted by the Orissa Act 16 of 1968, w.e.f. 01.08.1968. 2. Substituted by the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published in Orissa Gazette, Extraordinary, No. 566, dt. 26.04.2002. 31THE ORISSA MUNICIPAL ACT, 1950 (e) the voting at all such meetings 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-Caparison 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 shall 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 along with 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 along with a copy of the proceedings to the District Magistrate for information and such action as may be necessary.] 1[55. Appointment during leave vacancy :– 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.] 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. 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, 2[* * *] officer or servant of a municipality or of a committee or subcommittee of a municipality on the ground that such person has not been duly elected or appointed as such member, Chairperson, Vice-Chairperson, 2[* * *] 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. 57-A. 3[* * *] –––––––– 1. Substituted by the Orissa Act 22 of 1978, w.e.f. 20.07.1978. 2. Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 3. Omitted Section 57-A and inserted under Chapter V-A by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 32 THE ORISSA MUNICIPAL MANUAL CHAPTER - V-A WARDSCOMMITTEE 1[57-A. Constitution of Wards Committee :– (1) In every municipality 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 President thereof; (b) an elector of the Ward to be nominated by the Chairperson of the Municipality; and (c) the Executive Office or any other official of the Municipality as may be authorised by the Executive Officer.] 1[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/or such other matters as may be entrusted by the Municipality. (2) The Wards Committee shall have powers to recommend to the Municipality the measures needed for the purposes mentioned in subsection (1).] –––––––– CHAPTER - VI COMMITTEES 58. Committees :– (1) The municipality may appoint committees to assist them in the discharge of the duties devolving upon them under this Act, within the whole or any portion of the municipality, in regard to all or any of the following subjects, namely: (a) finance, (b) public health, hospitals and dispensaries, (c) public works, (d) education, and (e) any other special subject relating to the purposes of this Act: Provided that in a municipality in which provision is or has been made for the supply of pipped water, a Water-works Committee shall be constituted, as hereinafter provided, to assist the Municipality in the discharge of the duties devolving upon it under this Act in respect of such supply. 1. Chapter V-A along with Sections 57-A & 57-B inserted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 33THE ORISSA MUNICIPAL ACT, 1950 (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. 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 qualification 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 Chairpersons or the Vice-Chairpersons 1[* * *] shall be the President of each Committee. (2) All the provisions of this Act relating to the duties, powers, liabilities, disqualifications and disabilities of Councillors 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 Committee shall be settled by the municipality. 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 and discharged by the Water-works Committee- (a) the power to inspect the water-works and the wholes system of supply of piped water in the municipality and to depute any of the members 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 from the municipal officers concerned any reports, papers and accounts relating to the water-works and the supply of piped water in the municipality including the collection of water-taxes therein; and 1. Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 34 THE ORISSA MUNICIPAL MANUAL (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 municipality and of making, when necessary, recommendations to the municipality. 61. Appointment of joint Committee :– (1) A 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 are 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 qualification 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-sections (6) and (7), have effect unless assented to by each of the local authorities concerned. (4) The regulations 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; (c) the persons who shall be members of the joint Committee or the manner in which they shall be elected or appointed; (d) the persons 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 (4) 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. 62.State Municipality’s Union :– (1) The municipalities in the State may combine to form an association to be called the State Municipality’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. 35THE ORISSA MUNICIPAL ACT, 1950 (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; (c) the management and control of finances of the Union; 1[and] (d) 2[* * *] (e) generally such other incidental matters as may be necessary for the purpose of this section. –––––––– 33333CHAPTER - VI-ACHAPTER - VI-ACHAPTER - VI-ACHAPTER - VI-ACHAPTER - VI-A DISTRICT PLANNING COMMITTEE 3[62-A. Committee for district planning :– (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 district 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 by, and from amongst, the elected members of the Zilla Parishad and the elected Councillors of the Municipalities in the district in proportion to the ratio between the population of the rural areas 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; and (iv) the Chairperson of a Municipality in the district; 1. Inserted by the Orissa Act 16 of 1968, w.e.f. 01.08.1968. 2. Omitted by ibid. 3. Inserted Chapter VI-A along with Section 62-A & 62-B by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 36 THE ORISSA MUNICIPAL MANUAL 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 Act 17 of 1991); (b) ‘rural areas’ means the territorial areas of Panchayats; and (c) ‘urban areas’ means the territorial areas of Municipalities. (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 Committee, the conduct of business at the meetings thereof and such other matters including