Orissa Municipal Act, 1950

Orissa Municipal Act, 1950

S.1 Short title, extent, 1[commencement and application]

S.3 Definitions

S.4 Constitution of Municipalities

S.5 Effect of the Act to areas, included within, or excluded from, a Municipality

S.6 Continuance of Act and subsidiary orders in Municipal areas formed by division

S.7 Abolition of Municipal areas

S.8 Composition of Municipalities

S.9 Incorporation of Municipality

S.10 Manner of election of Councillors

S.11 Reservation of seats for Scheduled Castes, Scheduled Tribes, women and backward class of citizens

S.11(a) Superintendence, direction and control of elections to vest in the Election Commission

S.11(b) 4[Election Officer, Presiding Officer, Polling Officer, etc. deemed to be on deputation to Election Commission]

S.12 General Election of Councillors and formation of Wards

S.13 Electoral Roll

S.14 Electors 4[* * *]

S.15 Removal of the name from electoral roll

S.16 Disqualification of Candidates for election

S.17(a) Limitation of election expenditure and accounts thereof

S.18 Power to question election by petition

S.19 Form and presentation of petition

S.20 Right of candidates whose election is questioned

S.21 Tribunal

S.22 Procedure

S.23 Power of the Tribunal

S.24 Finding of Tribunal Court

S.25 Avoiding of election proceedings

S.26 Disqualification for corrupt practices

S.27 Saving of acts done by a Councillor before his election is set aside

S.28 Corrupt practices

S.29 Person convicted of election offences disqualified for voting and for being elected

S.30 Offences in respect of electoral rolls

S.31 Falsifying result of election

S.32 Fradulent voting personation

S.33 Infringement of secrecy of election

S.34 1[Offences by Presiding Officer and Polling Officer]

S.35 Procedure before Magistrate

S.36 .

S.37 Bar to interference by Courts in election matters

S.37(a) Protection of action taken in good faith

S.38 District Judge to decide question of disqualification of Councillor

S.38(a) Removal of 4[* * *] Councillor by Government

S.39 Publication of names

S.40 No Councillor to receive remuneration

S.41 Term of office of 1[* * *] Councillors

S.42 Procedure when no Councillor is elected at an election

S.43 Resignation of Vice-Chairperson and Councillor]

S.44 Vacation of office by Councillor

S.45 Casual vacancies

S.46 Power to leave casual vacancies unfilled in certain areas

S.47 Election of Chairperson and Vice-Chairperson

S.47(a) .

S.48 Vacation of the office by Chairperson and Vice-Chairperson]

S.49 Filling up casual vacancies

S.49(a) .

S.50 .

S.51 Grant of leave to Chairperson or Vice-Chairperson

S.52 Resignation of Chairperson or Vice-Chairperson

S.53 Removal of Chairperson or Vice-Chairperson

S.54 Vote of no confidence against Chairperson or Vice-Chairperson

S.55 Officiation in case of vacancy in the office of Chairperson and Vice-Chairperson

S.56 Proceedings not to be invalidated by casual vacancies

S.57 Civil Court not to grant temporary injunctions in certain cases

S.57(A) .

S.57(b) Powers and responsibility of Wards Committee

S.58 Committees

S.59 Constitution of Committees

S.60 Exercise and discharge of powers and duties by the Water Works Committee

S.61 Appointment of Joint Committee

S.62 State Municipal Council's Union

S.62(a) Committee for district planning

S.62(b) Functions of the District Planning Committee

S.63 Ordinary meetings

S.64 Meeting or requisition by Councillors

S.65 President at a meeting

S.66 Functions of the President of the meeting

S.67 Councillor when to abstain from taking part in discussion and voting

S.68 No acts of Municipality to be invalidated by infirmity

S.69 Decision of questions and casting votes

S.70 Quorum and adjournment for want thereof

S.71 Record and publication of the proceedings

S.72 Powers to make regulations as to business and affairs

S.73 Municipality may determine its establishment

S.73(a) Penalties

S.72(b) Bar for regularisation of services

S.73(c) Abatement of claims

S.73(d) Irregular appointments to be voidable

S.74 Executive Officer, Engineer and Health Officer

S.75 Scale of establishment and appointment and dismissal of officers and servants

S.76 Power to punish Municipal Officers or servants

S.77 Appeal against order of punishment

S.77(a) Procedure relating to disciplinary action

S.78 Power to grant leave to officers and servants of a Municipality

S.79 Grants of gratuities and allowance to establishment

S.80 Government servants employed by Municipality

S.81 Power of State Government to create a Local Funds Service

S.81(a) Exercise of option by officers and servants of Municipal area

S.81(b) Municipality bound to employ and pay the dues of members of the Local Fund Service

S.84(c) Consequences of termination of service

S.81(d) Government's power to issue order during the period of transition

S.82 Prohibition of having share or interest in contract for employment under Municipality

S.83 .

S.84 Power of Municipality to frame regulation regarding establishment

S.85 Conditions of service of State Government servants employed by Municipality

S.86 Notice to be given by scavenger of intention to withdrawn from service

S.87 Executive power vested in Executive Officer

S.88 Emergency powers of Executive Officer

S.89 Exercise of Chairperson functions by Vice-Chairperson during vacancy in office

S.90 Delegation and devolution of function by Chairperson

S.91 [Delegation of Chairperson functions in favour of individual Councillors

S.92 Delegation of powers

S.93 Exercise of delegated functions subject to Chairperson control and revision

S.94 Rights of individual Councillor

S.98 Powers of a Municipality to be exercised by resolution

S.96 Delegation of powers by Municipality

S.97 Power of Executive Officer

S.99 Delegation of power by Executive Officer

S.100 Power of Municipality to require reports, from officers

S.101 Officers may take part in discussion

S.102 Executive Officer's power of enquiry and inspections

S.103 Inspection and stamping of weights and measures

S.103(a) Powers of Municipality to give direction

S.104 Presentation and sanction of Budget

S.105 Particulars to be included in the Budget

S.106 Publication of Budget estimate

S.107 Sanction of Budget estimate

S.108 Examination of the Budget

S.109 Power of the State Government as to Budget estimate

S.109(a) Procedure to be followed where the Budget is not sanctioned

S.110 How details of the Budget estimate may be altered

S.111 Municipality may raise loans and may form sinking fund

S.112 The State Government to prescribe minimum closing balance

S.113 Appointment of Auditors

S.114 Municipal Fund

S.115 Custody of the Municipal Fund

S.116 Priority of payments on account of trust, loans and establishment

S.117 Purposes to which Municipal Fund is applicable

S.117(a) Restriction against incurring expenditure not provided for in the Budget

S.118 Power of Municipality to incur expenditure beyond the limits of the Municipal area

S.119 Objects not provide for by this Act

S.120 Restriction on the application of money received for certain purposes

S.120(a) Review of finance

S.121 Property of the Municipality

S.122 Power to exclude road, bridge or drain from Act

S.123 Government may place other property under Municipality

S.124 Transfer of certain public institution to Municipality

S.125 . Immovable property required by the Municipality may be acquired under Land Acquisition Act, 1894

S.126 Municipality may with the consent of owner take over and repair works

S.127 Power to purchase lease or sell lands

S.128 Limitation of power to accept property in trust

S.129 Government's power to add to function of Municipality

S.130 Execution of contract

S.131 Power to impose taxes

S.131(a) Government's power to abolish, suspend 2[reduce or increase] the rate of any tax or fee

S.131(b) Liability of Government buildings to certain taxes

S.132 Restriction on imposition of the tax on holdings

S.133 Restriction on the imposition of the water and lighting taxes

S.134 Restriction on the imposition of a latrine tax

S.135 Restriction on the imposition of a drainage tax

S.136 Compounding of latrine tax

S.137 Annual value of holdings

S.138 Power of Municipality to decide questions arising out of the definition of holding

S.139 Assessment in case of land or building subdivided into separate shares

S.140 Assessment in case of land or building being amalgamated

S.141 Taxes by whom payable

S.142 Establishment of valuation organisation and appointment of Valuation Officers

S.143 Preparation of Valuation list

S.143(a) Executive Officer to perform duties of Valuation Officer during the interim period - The Executive Officer of the Municipal area shall, until the appointment of a Valuation Officer therefor, exercise the powers and perform the duties of the Valuation Officer in respect of the Municipal area.]

S.144 Determination of rate of tax on holdings

S.145 Preparation of assessment list

S.146 Revision and duration of list

S.147 Amendment and alteration of list

S.148 Notice to Executive Officer or transfer of title to holding

S.149 Power to assess upon house consolidated tax for house and on which it stands

S.150 Power of Municipality in cases of excessive hardship

S.151 .

S.152 Publication of notice of assessment

S.153 Appeal against taxation

S.154 Reference to High Court

S.155 Costs

S.156 Bar of suits

S.157 Payment of rate how affected by objection of valuation

S.158 Office hours for payments of taxes

S.159 Tax payable in advance

S.159(a) Grant of rebate

S.160 Receipts to be given

S.161 Notice of demand to be presented

S.162 Levy by distress on failure to pay tax

S.163 Distress how to made

S.164 Officer may break open door

S.165 Sale how to be conducted

S.166 Sale of property beyond limits of Municipality

S.167 Executive Officer to keep account of distress and sales

S.168 Recovery of arrears of tax as arrear of land revenue

S.169 Recovery for arrear of tax as an arrear of land revenue after failure to realise the same by distress and sale

S.170 Municipality may bring suits instead of distraining of or on failure of distress

S.171 Irrecoverable taxes

S.172 Certain persons prohibited from purchasing at sales

S.17 Recovery from occupier of tax due from non-resident owner and deduction from rent

S.174 Liability of purchaser for vender's share of tax

S.175 Tax to be a charge on holding

S.176 Tax on carriages, carts, horses and other animals

S.177 Half-yearly statement of liability and payment of tax

S.178 Proportionate tax on carriage acquired during the half year

S.179 Grant of licence on payment of tax

S.180 Liability in the absence of owner

S.181 Prohibition to keep carriage, without licence

S.182 Composition with livery stable-keeper

S.183 Preparation of list of persons licenced

S.184 Powers to inspects table and to summon persons liable for the payment of the tax

S.185 Transfer of ownership

S.186 Seizure of carriage or cart not bearing numbers

S.187 Refund of tax in certain cases

S.188 Prohibition of double tax

S.188(a) Exemption from and compounding of octroi

S.189 Profession tax

S.190 Liability of members of firms, associations and Hindu undivided families to profession tax

S.191 Liability of servants or agents in profession tax

S.192 Service of notice on failure of payment of tax

S.193 Statements, returns to be confidential

S.194 Requisition on owner or occupier to furnish list of individual liable to tax

S.195 Requisition on employers or their representatives to furnish list

S.195(a) Appeal against levy of profession tax

S.196 Municipality to provide water-supply, drainage and lighting

S.197 Vesting of works in Municipality

S.198 Construction and maintenance of water works

S.199 Trespass on premises connected with water-supply

S.200 Prohibition of building over water mains

S.201 Council to provide water for domestic use

S.202 Control over house connections

S.203 Private water-supply for consumption and domestic use and powers of Executive Officer to enforce provision of water-supply

S.204 Power of Executive Officer to supply water for non-domestic purposes at rates fixed by Municipality

S.205 Supply without the Municipality

S.206 Power to cut off water-supply

S.207 Non-liability of Municipality for reduction or stoppage of supply in certain cases

S.208 Power to set apart wells, tanks or drinking culinary, bathing and washing purposes

S.209 Provision for lighting public roads

S.210 Maintenance system of drainage by Municipality

S.211 Control over house-drains, privies and cess-pools

S.212 Connection of house-drain or with public-drain

S.213 Health Officer may close or limit use of existing private drains

S.214 Power of Health Officer to drain premises in combination

S.215 Building not to be erected without permission over drains

S.216 Construction of culverts or drain coverings by owner or occupier

S.217 Maintenance of troughs and pipes for catching water

S.218 Power to carry wire, pipes, drains, through private property subject to causing as little inconvenience as possible and paying for direct damage

S.219 Prohibition against making connection with mains without permission

S.220 Powers in respect of works outside the Municipal area

S.221 Municipality to arrange for the removal of rubbish and filth

S.222 Contribution from persons halving control over place of pilgrimage

S.223 Prohibition of improper disposal of carcasses, rubbish and filth

S.224 Prohibition against keeping filth on premises too long

S.225 Prohibition against allowing outflow of filth

S.226 Prohibition against using any cart without cover in the removal of filth

S.227 Prohibition against throwing rubbish or filth into drains

S.228 Provision of public latrines and urinals

S.229 Permission for construction of latrine or urinal near road, tank or water-course

S.230 Provisions of latrines by owner or occupier

S.231 Provision of latrines for labourers

S.232 Provision of latrines for markets, cart stands, cattle-sheds, choultry

S.233 Latrines to be screened from view and kept clean

S.234 Maintenance and repair of roads

S.235 Power of 1[Municipality]

S.236 Power to dispose of permanently closed roads

S.237 Acquisition of land and building for improvement of roads

S.238 Power to prescribe building line and road alignment

S.239 Buildings not to be constructed within road alignment or building line

S.240 Setting back projecting buildings or walls

S.241 Setting building forward to improve line of public road

S.242 Projected roads

S.243 Watering of roads

S.244 Temporary closure of roads

S.245 Protection of appurtenances and materials of public roads

S.246 Power of Municipality to recover expenses caused by extraordinary traffic

S.247 Owner's obligation to make a road when disposing of land as buildings sites

S.248 Making of new private roads

S.249 Alteration or demolition of road made in breach of Section 248

S.250 Power of Executive Officer to order work to be carried out or to carry it out himself in default

S.251 Right of owners to require road to be declared public

S.252 Prohibition against obstructions in or over road

S.253 Prohibition and regulation of doors, ground floor, windows and bars opening outwards

S.254 Removal of encroachment

S.255 Power to allow certain projections and erections

S.256 Precautions during repair of roads

S.257 Prohibition against removal of bars and lights

S.258 Prohibition against making holes and causing obstruction

S.259 Licence for work on buildings likely to cause obstruction

S.260 Clearing of debris of fallen house by occupiers

S.261 Naming of public roads

S.262 Numbering of buildings

S.263 Building site and construction or reconstruction of buildings

S.264 Application to construct or reconstruct buildings

S.265 Necessity for prior approval of site

S.266 Prohibition against commencement of work without permission

S.267 Period within which Executive Officer is to grant or refuse to grant permission to execute work

S.268 Reference to 1[Municipality] if Executive Officer delays grant of refusal to approval or permission

S.269 Grounds on which approval of site for or licence to construct or reconstruct building may be refused

S.270 Lapse of permission

S.271 Power of Executive Officer to require alteration of work

S.272 Application of certain section to wells

S.273 Application of provisions to alterations and additions

S.273(a) Demolition or alteration of building work unlawfully commenced, carried on or completed

S.274 Appeal against order of Executive Officer

S.274(a) Levy of development charges

S.275 Precautions in case of dangerous structures

S.276 Power to stop dangerous quarrying

S.277 Precautions against fire

S.278 Prohibition of construction of well, tanks without the permission of the Executive Officer

S.279 Filling in of pools, which are a nuisance

S.280 Cleaning of insanitary private tank or well used for drinking

S.281 Duty of 1[Municipality] in respect of public well or receptacle of stagnant water

S.282 Prohibition against or regulation of washing animals or clothes or fishing or drinking in public water-course, tanks

S.283 Prohibition against defilling water of tanks whether public or private

S.284 Untenanted buildings or lands

S.285 Removal of filth or noxious vegetations

S.286 Buildings unfit for human habitation

S.287 Prohibition against keeping animal so as to be a nuisance or dangerous

S.288 Power to destroy stray pigs or dogs

S.289 Power of Executive Officer to use or sell materials of dangerous structure taken down and procedure when there is no owner or occupier

S.290 Purpose for which places may not be used without licence

S.291 Application to be made for construction, establishment or installation of factory, work-shop or work-place in which stram or other power is to be employed

S.292 Power of 1[Municipality] to issue directions for abatement of nuisance caused by steam or other powers

S.293 Power of State Government to pass order to give directions to 1[Municipality]

S.294 Power of the Executive Officer to enter factory, work-shop or work-place

S.295 Power in respect of public markets

S.296 1[Municipality's] control over public market

S.297 Licences for private markets

S.298 Fees for licence

S.299 Prohibiting sale in unlicensed markets

S.300 Power of 1[Municipality] in respect of private market

S.301 Suspension of licence for failure to comply with notice under Section 300

S.303 Power to close private market

S.302 Prohibition against nuisances in private market

S.304 Acquisition of rights of private persons to hold private market

S.305 Appeal against orders under Section 297

S.306 Duty of expelling leprosy patients, form market and power to expel disturbers

S.307 Prohibition against sale on public roads

S.308 Decision of disputes whether places are markets

S.309 Provision of public cart-stands

S.310 Prohibition of use of public places or sides of public road as cart stand

S.311 Recovery of cart stand fees

S.312 Licence for private cart-stand

S.313 Provision of slaughter houses

S.314 1[Municipality] may prohibit slaughtering of cattle in places other than public slaughter houses

S.315 Slaughter of animals during festivals and ceremonies

S.316 Regulation of milk trade

S.317 Registration of existing burial or burning grounds

S.318 Permission to make or renew use of burial or burning grounds and registration of same

S.319 Provision of place to be used as burial or burning grounds

S.320 Prohibition of bury or burn in unregistered ground

S.321 Power to order certain burial and burning grounds to be closed

S.322 Appeals from orders under Section 321

S.323 Power to cause corpses to be burnt or buried according to the religious tenants of the deceased

S.324 Powers to provide for burial of paupers free of charge

S.325 Power to licence fuel shops at burning grounds

S.326 1[Municipality] to provide fuel to burning grounds

S.327 Extent of the Chapter

S.328 No enclosed place or building to be used for public resort without licence

S.329 Application for licence

S.330 The Executive Officer shall inspect and may require addition or alteration to place or building

S.331 When licence is to be granted

S.332 Licence to state period for which it is to be in force

S.333 Cancellation or suspension of licence

S.334 Appeal against orders under Sections 330, 331 and 333

S.335 Power to enter place of public resort to inspect licence or to prevent further use

S.336 Penalties

S.337 General provision regarding licences and permissions

S.338 Refusal, cancellation, suspension of licence or permission

S.339 Limitation of time for renewal

S.340 Form of licences, notices and permissions

S.341 Notice of prohibitions or setting apart of places

S.342 Method of serving documents

S.343 Consequence of failure to obtain licences, or of breach of the same

S.344 Time of complying with notice, order and power to enforce in default

S.345 Recovery of sums due as taxes

S.346 Limitation for recovery of dues

S.347 Persons empowered to prosecute

S.348 Recovery of fines, costs

S.349 Notice of action against 1[Municipality]

S.350 Compounding of offences

S.351 1[Municipality] to have control and administration of public charitable dispensaries or hospitals within the 1[Municipality]

S.352 1[Municipality] may establish and maintain dispensaries and hospitals

S.353 Management of hospital and dispensaries by Joint Committee

S.354 Two or more 1[Municipalities] may combine to establish dispensaries

S.355 1[Municipalities] may contribute to cots of maintenance of dispensary or hospital outside 1[Municipal area]

S.356 1[Municipality] to conform to rules made by State Government

S.357 Recognised Primary Schools

S.358 Middle Schools, High Schools and Schools of other description

S.359 Provisions, maintenance and management of hostels

S.360 Grants-in-aid by State Government to 1[Municipality

S.361 Transmission of particulars of grants-in-aid to schools

S.362 Primary Education Fund

S.363 Primary Education Fund where to be lodged and how to be drawn upon

S.364 Education tax

S.365 Rates of levy of the taxes

S.366 Assessment and realisation of taxes

S.367 Government contribution to Primary Education Fund

S.368 Budget of Primary Education Fund

S.369 Audit of accounts of Primary Education Fund

S.370 Recognition of Primary Schools

S.371 Previous orders of recognition in respect of Primary Schools

S.372 Admission of Primary Schools and aid

S.373 Previous orders admitting Primary Schools to aid

S.374 Power of the State Government to make rules

S.374(a) Other powers of Municipality

S.374(B) Duties of Municipality

S.375 Liability for loss, waste, or misapplication of property

S.376 Sanction for prosecution of 1[Chairperson, Vice-Chairperson] or Councillor of a 1[Municipality]

S.377 Assessment not to be impeached

S.378 Servants of 1[Municipality] or contractors are public servants

S.379 Prohibition against removal or obliteration of notice

S.380 Executive Officer's power to summon parties

S.381 Penalty on Councillor, officer or servant being interested in contracts made with 1[Municipality

S.382 Personal liability of Councillors

S.383 General provisions regarding penalties specified in the Schedule

S.384 Penalty for acting as Councillor, 1[Chairperson or Vice-Chairperson] 2[* * *] of a 1[Municipality] when disqualified

S.385 Penalty for acquisition by an officer or servant of interested in contract work

S.385(A) Penalty for unlawful building

S.386 Penalty for not giving or false information

S.387 Power of State Government to make rules

S.388 Powers of 1[Municipality] to make bye-laws and regulations

S.389 Penalty for the breaches of bye-laws or regulation

S.390 Confirmation of bye-laws regulations by State Government

S.391 Prosecutions

S.392 Procedure for making rules, regulations and bye-law

S.393 Submission of annual reports

S.393(A) Appointment and powers and functions of Director and Deputy Director

S.394 Inspecting and Superintending Officers of 1[Municipality]

S.395 Powers of entry of inspecting officers

S.396 Access of inspecting officer to 1[Municipalities] property

S.397 Power to call for reports from 1[Municipality]

S.398 Power to suspend or cancel resolution under the Act

S.399 Extraordinary powers of Magistrate of the district

S.400 State Government's power to take action 2[in certain cases]

S.401 1[Dissolution and reconstitution of Municipality

S.402 .

S.403 Devolution of assets and liabilities of dissolved 3[* * *] Municipality

S.404 Powers of officers acting for or in default of 2[Municipality]

S.405 Appointment of Inspector of local works and duties to be performed by him

S.406 Decision of disputes not otherwise provided for

S.407 Adjudication of disputes between local authorities

S.408 Delegation of powers by State Government

S.409 Power to except 1[Municipality] from provisions of Act unsuited thereto

S.410 Withdrawal of sections expressly extended by State Government

S.411 1[Municipality] may take relief on measure in case of famine or serious distress

S.412 Additional powers of 1[Municipality]

S.413 Construction and maintenance of tram-ways

S.414 Power of the Executive Officer or Health Officer to enter and inspect markets, shops414

S.415 Power of Magistrate to order destruction of poisonous articles and animals and to punish the offender

S.416 The 1[Municipality] may undertake construction, repair and maintenance of Government buildings

S.417 Duties of Engineer

S.418 Continuity of Municipality's Officers, appointments, rules, etc. not effected by the Act

S.419 Passing of property, rights and liabilities 1[Municipality] constituted under this Act

S.420 Recovery of sums due at commencement of Act

S.421 Vacation of office by existing Councillors, Commissioners and office-bearers

S.422 Provision for exercise of extraordinary powers

S.423 Special provision in the case of a newly constituted and reconstituted Municipal Council

S.424 Power of State Government to direct reconstitution of 1[Municipality] without election

S.425 Power of State Government in cases of doubts and difficulties

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