Orissa Municipal Act, 1950
(1) This Act may be called the Orissa Municipal Act, 1950.
(2) It shall extend to the whole of the State of Orissa.
(3) It shall come into force in such area or areas on such date or dates as the State Government may appoint from time to time.
(4) Notwithstanding anything contained in Sub-section (3) it shall take effect in any Cantonment or part of a Cantonment.
(5) Any notification, order or rule and any appointment to an office may be made or election held under this Act, after it shall have received the assent of the Governor and shall take effect on this Act coming into force.
2[(6) Nothing in this Act shall apply to the scheduled areas referred to in Clause (1) of Article 244 of the Constitutio
In this Act, unless there is anything repugnant in the subject or context -
1[(1) "Assembly Constituency" shall have the same meaning as has been assigned to it in Representation of the Peoples Act, 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, or masonary, brick, wood, mud, metal or any other material whatsoever;
(2) "building line" means a line which is in rear of the road alignment and to which the main wall of a building, abutting on a road, may lawfully extend;
(3) "carriage" means any wheeled vehicle with springs or other appliances acting as springs, which is used for conveyance of human beings and
(1) There shall be constituted by the State Government -
(a) a Notified Area Council for every transitional area;
(b) a Municipal Council for every smaller urban area; and
(c) a Municipal Corporation for every larger urban area,
in accordance with the provisions of this Act :
Provided that no such Council or Corporation shall be constituted in any urban area or part thereof which the Governor may, having regard to the size of the area and the Municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by notification, specify to be an industrial township.
(2) In this secti
When, by a notification referred to in Sub-section (5) of Section 4, any area is -
(a) included in a Municipal area, 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 Municipal area shall be deemed to apply to such area unless it is otherwise directed in and by the said notification; or
(b) excluded from a Municipal area all the provisions of this Act and of the rules, by-laws, notifications, or orders made thereunder which, immediately before such exclusion, were in force in the area so excluded shall cease to apply to such area on and from the date of publication of the said notification.]
2. Substituted vide Orissa Act 1 of 2007,O.G.E. No. 149 dated 5.2.2007.
3[When any Municipal area is divided into two or more such areas by a notification referred to in Sub-section (2) of Section 4 then, notwithstanding anything contained in this Act, all the provisions of this Act and of the rules, bye-laws, notifications or order made thereunder which, immediately before such division were in force in any part of the original Municipal area shall be deemed to be in force in the same part of the Municipal areas formed by such division unless it is otherwise directed in and by the said notification]
3. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
(1) The 1[Governor] may by notification abolish any Municipal area 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 purpose to do so, fix a reasonable period for the Municipality to show cause against the proposal and consider its explanations and objections, if any;
(b) the notification shall contain a Statement of the 1[Governor] reason.
(2) From such date as may be specified in such notification this Act and all notification, 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 Municipal area the balance of the Municipal f
Every Municipality shall be composed of the following Councillors namely;
(a) one Councillor elected directly from every Ward within the Municipal area;
(b) a person having special knowledge or experience in Municipal administration as may be nominated by the State Government:
Provided that the Councillors so nominated shall not have the right to vote at any meeting of the Municipality but shall have the right to attend every meeting thereof except the meetings convened under Sections 47, 49 and 54] 2[;]
3[(c) Every Member of the House of the People and of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Municipal area and every member of the Council of States registered as elector within the Mu
1[Every Municipality] shall be a body corporate by the name of the Municipality by reference to which it is known, shall have perpetual succession and a common seal and subject to any restriction and qualification imposed by or under this or any other enactment shall have power to acquire and hold property, both movable and immovable, and subject to any rules prescribed to transfer and such property held by it, to enter into contracts and to do all other things necessary, proper or expedient for the purpose of this Act and may sue and be sued in its corporate name.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
(1) The election of Councillor 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" mean candidates duly sponsored by respective political parties;
(b) "party symbol" means the symbol allotted to a particular political party under the Elections Symbols (Reservation and Allotment) Order, 1968, and
(c) "political party" means a 'National party' or as the case may be 'State Party' within the meaning of paragraph 7 of the Order referred to in Clause (b).
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(1) There shall be reserved by the 3[District Magistrate] seats in every Municipality for the Scheduled Castes and Scheduled Tribes and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in the concerned Municipal area or the Scheduled Tribes in that areas bears to be total population of that area and such seats shall be allotted by rotation to different Wards in a Municipal area :
Provided that where the population of the Scheduled Castes or, as the case may be, the Scheduled Tribes in a Municipal area is not sufficient for reservation of any seat, one seat for the Scheduled Castes or, as the case may be, one seat for Scheduled Tribes shall be reserved in that Municipal area.
(2)
The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to Municipalities be vested in the Commission].
1. Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
2. Inserted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
Any officers and employees of the State Government, made available to the Election Commission pursuant to Clause (3) of Article 243-K of the Constitution for the discharge of the functions conferred on the Election Commission by Clause (1) of that article, when appointed by the Election Commission as the Election Officer, 5[Presiding 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.]
3. Inserted vide Orissa Act No. 6 of 2002 Or
-(1) A general election of the Councillor specified in Clause (a) of Section 8 shall be completed -
(a) for the purpose of constituting new Municipality, as soon as may be, but not later than six months, after the publication of the notification referred to in Sub-section (2) of Section 4;
(b) for the purpose of reconstituting a Municipality, before the expiry of a period of five years from the date appointed for its first meeting referred to in Clause (a) of Sub-section (2) of Section 47 :
7[* * *]
(c) 7[* * *]
(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, c
(1) 1[Unless the Election Commission by Order published in the Gazettee directs otherwise] all persons registered by virtue of the Representation of the People Act, 43 of 1950 in so much of the electoral roll for any Assembly Constituency for the time being in force a relates to the Municipal area shall be entitled to cast their votes at an election to the Municipality and the said portion of the roll shall be deemed to be the electoral roll of the Municipal area.
(2) So much of the electoral roll of the Municipal area as relates to the area comprised within a Ward thereof shall be embodied in a register shall be deemed to be the electoral roll for the Ward for the purpose of the Act.
(3) The manner of splitting up of the electoral of roll for the purpose of preparation of the aforesaid register, the manner of the revision of such regi
5[(2) No person who is not for the time being on the electoral of the Ward shall be entitled to vote at an election in respect of the Ward].
4. Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
5. Substituted vide Orissa Act No. 5 of 1990.
7[(1) * * *]
(2) If any person is convicted of an offence, under Chapter IX-A of the Indian Penal Code XLV of 1860, punishable with imprisonment for a term exceeding six months, his name, if on the electoral roll, shall be removed therefrom and shall not be registered thereon for a period of three years from the date of conviction or, if not on the electoral roll, shall not be so registered for a like period :
Provided that the Governor may direct that the name of any person to whom this sub-section applies shall be registered on the electoral roll:
Provided further that convictions for offences of a political character shall not operate as a disqualifications under this sub-section.
CASE LAW :
(as a
(1) No person shall be qualified for election 1[* * * as a Councillor] of a Muncipality if such person -
(i) is not included in the electoral roll of the Municipal area; or
(ii) 2[is less than twenty-one years age;]
(iii) is unable to read and write either English, Hindi or the language of State; or
(iv) has been adjudged by a competent Court to be of unsound mind or is 3[* * *] a leprosy or a tuberculosis patient; or
(v) is an undischarged insolvent or being a discharged insolvent has not obtained from the Court a certificate that insolvency was caused by misfortune without misconduct on his part; or
(vi) is in arrears or any dues payable to the Municipality
(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 upto fifty thousand rupees.
(2) For the purpose of this section, every candidate referred to in Sub-sec. (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 contr
(1) The election of any person 3[* * *] as a 4[* * *] Councillor may be questioned petition on the ground.
(a) that such person committed, during or in respect of the election proceedings, a corrupt practice as defined in Section 28; or
(b) that such person was declared to be elected by reason of the improper rejection or admission of one or more votes, or for any other reason was not duly elected by a majority of lawful vote; or
(c) that such person though enrolled as an elector was disqualified for election under the provisions of Sections 15, 16 and 29.
(2) The election of any person 1[* * *] as a Councillor shall not be questioned-
(a) on the ground that the name of any person qualified to vote has b
(1) The petition shall be presented before the District Judge, together with a deposit of two hundred rupees as security for cost within fifteen days, after the day on which the result of the election was announced and shall specify the ground or grounds on which the election of the opposite party is questioned and shall contain a summary of the circumstances alleged to justify the election being questioned on such grounds.
(2) The petition may be presented by any candidate in whose favour votes have been recorded and who claims to be declared elected in place of the person whose election is questioned, or by twenty-five or more elected of the Ward.
(3) A person whose election is questioned and when the petition state that any other candidate shall be declared elected in place of such person, every successfully candidate, who has polle
Every opposite party may give evidence to prove that any person in respect of whom a claim is made that such person be declared elected in his place or in priority to him should not be elected in the same manner as if he had presented a petition against the election of such person.
(1) An election petition shall be heard by the District Judge within whose jurisdiction the Municipality area is situated.
(2) Such District Judge (hereinafter referred to as "Tribunal") shall be deemed to exercise jurisdiction as persona designata and not acting in capacity of a Judge of a Civil Court.
Except so far as may be otherwise provided by this Act or by rule, the procedure provide in the Code of Civil Procedure V of 1908 in regard to suits, shall so far as it is not inconsistent with this or any rule, and so far as it can be made applicable be followed in the hearing of election petitions :
Provided that -
(a) any two or more election petitions relating to the election of the same persons may be heard together;
(b) the Tribunal shall not be required to record or to have recorded the evidence in full but shall make a memorandum of the evidence in its opinion for the purpose of deciding the case;
(c) the Tribunal may at any stage of the proceedings, require the petitioner to give further security for the payment of all cost incurred or lik
(1) Unless it is otherwise prescribed, the Tribunal shall give the same powers and privileges as the Judge of Civil Court, and may for the purpose of serving and notice of issue of any process or doing any other such thing, be entitled to employ, with the consent of the Magistrate of the district, any person or other officer or clerk, attached to the Court of the Magistrate of the district.
(2) An order of 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 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.
(1) If the Tribunal, after making such enquiry, as it deem necessary finds in respect of any person whose election is called in question by a petition, that his election was valid, it shall dismiss the petition as against such person and may award costs at its direction.
(2) If the Tribunal finds that the election of any person was invalid, it shall either -
(a) declare a casual vacancy to have been created; or
(b) declare another candidate to have been duly elected, whichever course appears, in the particular circumstances of the case the more appropriate, and in either case, may award costs or its discretion.
(3) In the event of the Tribunal declaring a casual vacancy to have been created it shall direct the Magistrate of the district or other a
Notwithstanding anything contained in the proceeding section, if the Tribunal, in the course of hearing of an election, is of opinion that the evidence discloses -
(i) that corrupt practices have prevailed at the election proceeding in question to such an extent as to render it advisable to set aside the whole proceedings; or
(ii) the result of election has been materially affected by any non-compliance with this Act or any rules made thereunder or by any mistake in the forms required thereby or by any error, irregularity or informality on the part of any officer charged with or carrying out any duty under this Act or rules made thereunder; or
(iii) the result of election has been materially affected by improper acceptance or refusal of a candidate's nomination; it shall set aside the whole pr
The Tribunal may, declare any candidates, found to have committed any corrupt practice under the proceeding section, to be incapable for any period not exceeding five years of being elected as member of the Municipality or of being appointed or retained in any office or place in the gift, disposal, pay or service of the Municipality :
Provided that a disqualification under this section may be removed by an order of the Governor in this behalf.
Where a candidate, who has been elected to be 1[* * *] a Councillor of a Municipality area is declared by the Tribunal not to have been duly elected, acts done by him in execution of the office, before the time when the decision is certified to the Municipal area, shall not be invalidated by reason of that declaration.
1. Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
A person shall be deemed to have committed corrupt practice who directly or indirectly by himself or by any other person -
(a) induces, or attempts to include by fraud, intentional misrepresentation, coercion or threat of injury any voter to give or to refrain from giving a vote in favour of any candidate;
(b) with a view to inducing any voter to give or to refrain from giving vote in favour of any candidate or in consideration of any vote having voted or refrained from voting for any candidate, offers or gives any money or valuable consideration or any place or employment or holds out any promise of individual advantage or profit to any person including a promise of spiritual salvation;
(c) includes or attempts to induce candidates or voter to believe that he or any person in whom he is inter
Every person convicted of an offence punishable under this Chapter or under Chapter IX-A of the Indian Penal Code XLV of 1860, shall be disqualified from voting or from being elected in any election to which this Act applies or from holding 1[the office of the] 2[* * * Councillor] of a Municipal area for period of 3[four years] from the date of his conviction or for such shorter period as the Court may by order determine.
2. Omitted vide Orissa Act No. 8 of 1984 and inserted vide Orissa Act No. 5 of 1990 and further omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
3. Substituted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.
(1) Every person who by claiming a qualification which he knows that he does not possess to vote at a Municipal election or by using false document or by a false declaration or by any other deceitful means, procures or attempts to procure, the improper entry of the name whether of himself or of any other person in the electoral roll or the improper omission of any name 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, 4[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 the improper omission therefrom shall be punishabl
Every person, who in the course of electoral operations, falsified or attempts to falsify the record of an election by removing, destroying, altering or fabricating nomination papers or voting papers or by any other act or by any omission, shall be punishable with imprisonment which may extend to one year with fine or with both.
(1) Every person, who applies for a ballot paper at an election, having already voted, once at the same election and in any electoral Ward on knowing that his name is included in the electoral roll shall be punishable with imprisonment which may extend to six months or with fine or with both.
(2) Every person who applies for a ballot paper in the name of the other person, living or dead, or of fictitious person shall be punishable with the punishment provided in Sub-section (1).
1[Every Presiding Officer, Polling Officer], clerk or other person, in attendance at the polling station who, except for some purpose authorised by law, communicates to any person, information showing directly for which candidate any voter has voted, and every person who by improper means procure any such information, shall be punishable with imprisonment to either description for a term which may extend to six months or with fine or with both.
1. Substituted vide Orissa Act No. 6 of 2007.
1[Every Presiding Officer or 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.
1. Substituted vide Orissa Act No. 6 of 2007.
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 shall any Magistrate take cognizance of such -
(a) except on the complaint of a person whose name is on the electoral roll;
(b) unless such complaint has been made within fourteen days of the date of the declaration of the result of any election to which the offence relates or within seven days of the date on which the offence is alleged to have been committed; and
(c) except in the case of an offence punishable under Section 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
2[* * *]
2. Deleted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.
No election of 3[* * *]Councillors shall be called in question in any Court except under the procedure provided by this Act any the rules if any made thereunder and on order passed by the Tribunal in and proceeding under this Chapter for hearing of an election petition shall be called in question in any Court and no Court shall grant an injunction.
(i) to postpone an election of a 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 3[* * *] Councillors; or
(iii) to prohibit a 3[* * *] Councillors formally elected to a Municipality from entering upon his duties.
3. Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
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.]
1. Inserted vide Orissa Act No. 6 of 2002 Orissa Gazette Ext. No. 566 dt. 26.4.2002.
(1) Whenever it is alleged that any person, who has been elected as 2[* * *] Councillors is disqualified under Section 16 or 17 and such person does not admit the allegation or whenever any 2[* * *] Councillor himself is in doubt, whether or not he has becomes disqualified for office under Section 16 or 17, such 2[* * *] Councillor or any other Councillor may, and the Chairperson at request of the Municipality shall apply to District Judge of the district in which the Municipality area is situated.
(2) The said Judge after making such inquiry as he deems necessary shall determine whether or no such person is disqualified under Section 16 or 17 and his decision shall be final.
(3) Pending such decision, the Councillor shall be entitled to act as if he were not disqualified.
CASE LAW :
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(1) Without prejudice to the provisions contained in the foregoing section, the State Government may remove any 4[* * *] Councillor if they are satisfied that 5[in the interest of Notified Area Council, such nomination shall be cancelled and make a fresh nomination for the said Notified Area Council] :
Provided that no order for removal shall be made without giving the 5[* * *] Councillors an opportunity of showing cause against proposed removal:
Provided further that no such order shall be made in cases where an application in respect of the said 1[* * *] 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 1[* * *] Councillor against whom an order of removal i
The names of Councillors 2[of every Municipality including its Chairperson and Vice-Chairperson] shall be published in the Gazette.
2. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
No Councillor shall receive or be paid from the funds at the disposal of or under the control of such Municipality any salary or other remuneration for services rendered by him in any capacity whatsoever but shall be allowed travelling allowances and prescribed :
Provided that the 2[Chairperson and Vice-Chairperson] may receive such monthly allowances as may be prescribed :
3[Provided further that the Councillors, Chairperson and the Vice-Chairperson may receive such sitting allowances as may be prescribed.]
2. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
3. Inserted vide Orissa Act No. 20 of 1986.
2[(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 bye-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 re-election.
(3) Whenever the number of Councillors of an existing Municipality is increased as a result of increase i
(1) if at a general election or bye-election to a Municipality 2[referred to in] Section 41 no Councillor is elected a fresh election shall be held by such authority on such date and in such manner as may be prescribed in that behalf.
(2) If at such fresh election no Councillor is elected, the State Government shall 2[nominate] a person to fill the vacancy.
(3) The term of office of a Councillor elected or 1[nominated] under this section shall expire at the time at which it would have been elected 2[* * *] at the general election or bye-election, as the case may be.
2. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
2. Omitted v
(1) 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 of resignation before the Municipality at its 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 t
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.]
4. Previously substituted vide Orissa Act No. 23 of 1992 w.e.f. 27.4.1992 and further substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
If a Councillor, 5[elected or nominated] ceases to be a Councillor of a 6[Municipal area] by reason of his death, resignation, removal or otherwise the vacancy so caused shall be filled by the 6[election or nomination, as the case may be] of another Councillor in the manner prescribed.
5. Previously omitted vide Orissa Act No. 16 of 1968 and inserted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
6. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
(1) Where a vacancy occurs in the office of a Councillor by reason of death, resignation, removal or otherwise and the term of office of the Councillor would, in the ordinary course of events, have terminated within six months of the occurrence of the vacancy, the State Government may direct that the vacancy be left unfilled until the next general election.
(2) 2[* * *]
2. Omitted ibid.
(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 less 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
4[* * *]
4. Previously inserted vide Orissa Act No. 23 of 1992 w.e.f. 27.4.1992 and omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
6[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. Substituted vide Orissa Act No. 5 of 1990 w.e.f. 20.4.1990.
6. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
On a vacancy occurring in the office of the 1[or Vice-Chairperson of a Municipality] by reason of death, resignation; removal or otherwise, it shall be filled up by election as soon as may be after the occurrence of the vacancy in the prescribed manner.
Proviso - 2[* * *]
3[Provided 2[* * *] that where a vacancy occurs in the office of the Vice-Chairman which was held by a woman, such vacancy shall be filled up by a woman unless the 1[Chairperson] continuing in the office as such is a woman.]
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
2. Omitted ibid.
3. Inserted vide Orissa Act No. 23 of 1992 w.e.f. 27.4.1992.
4[* * *]
3. Inserted vide Orissa Act No. 23 of 1992 w.e.f. 27.4.1992.
4. Omitted vide Orissa Act No. 6 of 2002 Orissa Gazette Ext. No. 566 dt. 26.4.2002.
5[* * *]
5. Omitted vide Orissa Act No. 5 of 1990 w.e.f. 20.4.1990.
The Municipality may grant leave of absence to its Chairperson or Vice-Chairperson for any period not exceeding three months in any one year.
1[(1) Nominated Chairperson or Vice-Chairperson of a Municipality may resign his office by writing under his hand addressed to the State Government and, on such resignation being accepted, shall be deemed to have vacated his office.
(2) An elected Chairperson may resign his office by writing under his hand addressed to the Municipality.
(3) An elected Vice-Chairperson may resign his office by writing under his hand addressed to the Chairperson of the Municipality who shall forthwith lay the letter of resignation before the Municipality.
(4) On a resignation under Sub-section (2) or (3) being accepted by the Municipality, the Chairperson or, as the case may be, the Vice-Chairperson shall be deemed to have vacated his office.
(5) A resignation te
(1) If at any time during the term of office of the Chairperson or a Vice-Chairperson it comes to the notice of the State Government that such Chairperson or Vice-Chairperson wilfully omits or refuses to carry out, or disobeys the provisions of this Act or any Rules, bye-laws, Regulations or lawful orders issued thereunder, they may cause an enquiry to be made by Director 7[or the District Magistrate or by an officer not below the rank of a Deputy Secretary of the State Government, as the Government may, by notification, direct].
(2) On receipt of the report from the Enquiring Officer, the State Government shall give an opportunity to the concerned Chairperson or Vice-Chairperson to submit his explanation within period of three weeks through the Enquiring Officer.
(3) The State Government, after considering the report and the explanatio
(1) Where a meeting of the Municipality specially convened by the District Magistrate in that behalf a resolution is passed, supported by not less than two-third of the total number of Councillors recording want of confidence in the Chairperson or Vice-Chairperson the resolution alongwith the records of the proceedings at such meetings shall forthwith be forwarded to the State Government shall publish the same in the Gazette and with effect from the date of passing of the resolution the person holding the office of Chairperson or Vice-Chairperson, as the case may be, shall be deemed to have vacated such office. In the event of both Chairperson and Vice-Chairperson vacating office the District Magistrate or his nominee shall discharge the responsibilities of the Chairperson till a new Chairperson is elected.
2[Provided that no such resolution recording want of confidence in the Cha
(1) When the office of the Chairperson is vacant or the Chairperson has been temporarily absent including absence on leave availed under Section 51 or is incapacitated and also there is a vacancy in the Office of the Vice-Chairperson or the Vice-Chairperson has been temporarily absent including absence on leave availed under Section 51 or is incapacitated, the powers and functions of the Chairperson shall devolve on a councilor of the Municipality from out of a panel of three such councilors in order of priority nominated by the Chairperson in that behalf who shall be the officiating Chairperson and shall exercise the powers and perform the functions of the Chairperson, subject to such restrictions and conditions as may be prescribed, until the Chairperson or Vice-Chairperson assumes office on being duly elected or as the case may be, takes charge of his office.
(2) The Chairpers
No act of a Municipality shall be deemed to be invalid only by reason of the existence of casual vacancy in such Municipality.
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 Sub-Committee of Municipality on the ground that such person has not been duly elected appointed as such member, Chairperson, Vice-Chairperson 3[* * *] 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.
2. Previously inserted vide Orissa Act No. 23 of 1992 w.e.f. 27.4.1992 and again omitted vide Orissa Act No. 11 of 1994 w.e.f.31.5.1994.
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Constitution of Wards Committee - (1) In every Municipal area having a population of three lakhs or more there shall be constituted by the Municipality a Wards Committee for each Ward.
(2) The Wards Committee shall be composed of the following members, namely :
(a) the Councillors representing the Ward who shall be the President thereof;
(b) an elector of the Ward to be nominated by the Chairperson of the Municipality; and
(c) the Executive Officer or any other official of the Municipality as may be authorised by the Executive Officer.
1. Previously inserted vide Orissa Act No. 23 of 1992 w.e.f. 27.4.1992 and again omitted vide Orissa Act No. 11 of 1994 w.e.f.31.5.1994.
(1) It shall be the responsibility of the Wards Committee to take all possible measures, subject to the provisions of this Act and overall control of the Municipality or public health, sanitation, street lighting and conservancy in the Ward, for protection of the environment and promotion of ecological aspects of the Ward and for such other matters as may be entrusted by the Municipality.
(2) The Wards Committee shall have powers recommend to the Municipality the measures needed for the purpose mentioned in Sub-section (1).]
(1) The Municipality may appoint Committees to assist them in discharge of the duties devolving upon them under this Act, within the whole or any portion of the Municipality area, in regard to all or any of the following subjects, namely :
(a) finance,
(b) public health, hospital and dispensaries,
(c) public works,
(d) education, and
(e) any other special subject relating to the purpose of this Act :
Provided that in a Municipality area in which provision is or has been made for the supply of piped water, a Water-Works Committee shall be constituted a meeting may think fit.
(2) The Councillors at a meeting may dele
(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 the Chairperson or the Vice-Chairperson or the 1[* * *] shall be President of each Committee.
(2) All the provisions to this Act relating to the duties, power liabilities, disqualifications and disabilities of Councillor shall be applicable so far as may be, to such members except members appointed ex-officio.
(3) All
Without prejudice to any powers and duties that may be delegated to it under Sub-section (2) of Section 58, the following power and duties shall be exercised and discharged by the Water-Works Committee :
(a) the power to inspect the water-works and the whole system of supply of piped water in the Municipal area and to depute any of the 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
(1) A 1[Municipality] may, and if so required by the State Government shall, join with one or more other local authority or authorities in constituting out of their respective bodies a Joint Committee for any purpose in which they jointly interested or for any matter for which they are jointly responsible.
(2) A Joint Committee may include persons who are not members of the local authorities concerned but who may in their opinion possess special qualifications or special interest for serving on such Committee:
Provided that the number of such persons shall not exceed one-third of the total number of members of the Joint Committee.
(3) The Constitution of a Joint Committee shall be by means of regulations which shall not, except in the cases referred to in Sub-sections (6) and (7) have effec
(1) The Municipalities in the State may combine to form as association to be called the State Municipal Council's Union :
Provided that no such association shall be formed unless more than half the number of Municipalities in the State severally pass a resolution signifying their intention to become members.
(2) The functions of the Union formed under Sub-section (1) shall be to examine problems of common interest to the Municipalities to advise the Municipalities on the improvement of Municipal administration and to perform such other functions as the State Government may, from time to time, prescribed.
(3) The following matters shall be regulated by rules made by the State Government, namely :
(a) the constitution and aims an objects of the Unio
There shall be constituted at the level of every district a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the districts as a whole.
(2) A District Planning Committee shall consist of twenty members as follows :
(a) sixteen members to be elected in the prescribed manner 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
(1) Every District Planning Committee shall in preparing the draft development plan,
(a) have regard to -
(i) matters of common interest between the Panchayats and the Municipalities including special planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;
(ii) the extent and type of available resources whether financial or otherwise;
(b) consult such institutions and organizations as the Government may, by order specify.
(2) The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the State Government.
The Councillors shall meet for the transaction of business at their office, or at some other convenient place 1[within the Municipal area], at least once in every month, as often as a meeting shall be called by the Chairperson or in his absence by the Vice-Chairperson 2[* * *].
CASE LAW :
The Suspended Council is to show cause and the Chairman or the Vice-Chairman can convene meeting either in the Municipal office or at any convenient place to take decision by resolution - "Function" means who liability to show cause by the Council.
Held, it is true that all actions of a Municipal Council is possible to be taken only through a resolution passed by the Municipal Council at a meeting and not otherwise - There is no bar in the Act for a suspended Municipal Council to meet and transact the busi
(1) The Chairperson in his absence the Vice-Chairperson 1[* * *] shall call a special meeting on a requisition signed by not less than one-third of the total number of Councillors.
2[(2) If the Chairperson or the Vice-Chairperson 1[* * *] fails to call a special meeting to be held within ten days from the date of receipt of such requisition of the meeting may be called on five days, notice by the persons who signed the requisition]
1. Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
2. Substituted vide Orissa Act No. 12 of 1953.
Except as otherwise provided in this Act, the Chairperson shall preside at every meeting of the Municipality, the Chairperson shall preside at every meeting of the Municipality, in the absence of Chairperson the Vice-Chairperson 3[or in the absence of both Chairperson and Vice-Chairperson] a Councillor elected at the meeting shall preside.
(1) The President of a meeting (hereinafter referred to as the President) shall preserved and shall decide all points of order arising at or in connection with meetings. The decision of the President on any point of order shall, save as otherwise expressly provided in this Act, be final.
(2) Any Councillor may, at any time, submit a point of order for the decision of the President but in doing so shall confine himself to stating and explaining the point.
(3) The President, after having called the attention of the Councillors to the conduct of a member, who persists in irrelevance or tedious repetition, either of his own argument or arguments used by other Councillors in debate shall direct him to discontinue his speech.
(4) The President may direct any member, whose conduct in his opinion
(1) No Councillor of a Municipality or member of a Committee thereof shall vote on or take part in the discussion of any question, coming up for consideration at a meeting of the Municipality or Committee, if the question is one in which part from its general application to the public, he has any direct or indirect pecuniary interest by himself or his partner.
(2) The President, either on his own motion or on the motion of any Councillor present, may prohibit any Councillor form voting or taking part in the discussion of any matter, in which he believes such Councillors to have such interest or he may require such Councillor to absent himself during the discussion.
(3) Such Councillor may challenge the decision of the President who shall thereupon put the question in the meeting. The decision of the meeting shall be final.
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No act of a Municipality or of a Committee thereof or any person acting as President, Chairperson, Vice-Chairperson 1[* * *] deemed to be invalid by reason only of a defect in the establishment of such Municipality or Committee or on the ground that the President, Chairperson, Vice-Chairperson 1[* * *] or any Councillor of such Municipality or member of the Committee was not entitled to hold or continue in such office by reason of any disqualification or by reason of any irregularity in his election or appointment or by reason by such act having been done during the period of any vacancy in the office of Chairperson, Vice-Chairperson 1[* * *] or Councillor of such Municipality or member of such Committee.
1. First added vide Orissa Act No. 23 of 1992 w.e.f. 27.4.1992 and then Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
(1) All questions which may come before the Municipality or a Committee shall be decided by a majority of votes, save as is otherwise provided in this Act.
(2) In cases of equality of votes the President of the meeting shall have a second or casting vote.
(1) No business shall be transacted at any meeting of the Municipality, unless, such meeting has been called by the Chairperson or Vice-Chairperson 1[* * *] or under Section 64 by persons signing a requisition and unless a quorum be present.
(2) A quorum shall be in any Municipality in which the Councillors are not more than fifteen, five; and in any other Municipality a number being not less than one-third of the entire number of Councillors :
Provided that in cases, where the whole number of Councillors is not evenly divisible by three, the one third shall be ascertained by taking the number of next above the whole number, which is evenly divisible by three as the number to be divided.
(3) If, at the time appointed for a meeting, or within half an hour thereafter a quorum is not present, t
(1) Minutes of the proceedings at each meeting of a Municipality or Committee shall be drawn up and recorded in the Oriya language in a book to be kept for the purpose, and shall be signed by the President and shall be published in such manner as the State Government may from time to time direct, and shall at all reasonable times and without charge, be open to the inspection of any person resident within or owing or holding land, within the jurisdiction of such Municipality area.
1[(2) A copy of every resolution passed by Municipality at a meeting shall, within three days from the date of the meeting, be forwarded to -
(a) the Magistrate of the district;
(b) each of the Councillors of the Municipality; and
(c) the State Government or to such office
Every Municipality subject to the control and approval of the State Government, shall make regulations as to -
(a) the time and place of its meetings, the business to be transacted at the meeting and the manner in which notice of meetings shall be given;
(b) preserving order and the conduct of proceedings at the meetings, the due record of all dissents and discussions and the adjournment of meetings and the powers which the President may exercise for the purpose of enforcing his decision on points of order;
(c) the custody of the common seal and the purpose for which it shall be used;
(d) the division of duties amongst its members and constitution and procedure of Committees;
(e) delegation of powers, dut
(1) Every Municipality may, with the previous sanction of the State Government and subject to the provisions of this Act, and the rules made thereunder, from time to time determine the officers and servants required to be employed by it or by any joint Committee, constituted under Section 61 or by any Committee of the Municipality area and shall fix or alter the number, designation, grades, salaries, fees and allowances payable to such officers and servants.
(2) Notwithstanding anything contained in Sub-section (1), the Municipality may, in the case of an emergency, make provisions for temporary employment under it of an officer or servant for a period not exceeding 2[forty-four days];
3[Provided that the qualification for employment and the salary and allowances in respect of such officer or servant shall not be different from those p
(1) Where any holder of an elective office or any officer or authority makes any appointment, or causes any appointment to be made, in contravention of the provisions of this Act,-
(a) it shall be deemed in the case of the holder of an elective office that he has abused his position or power and accordingly the State Government shall initiate proceedings for his removals; and
(b) in the case of an officer or authority, it shall be deemed that he is guilty of misconduct and the competent authority shall initiate action under the relevant disciplinary Rules;
and such holder of elective office or the officer or authority, as the case may be, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend upto two years and also with fine which shall n
No person who is appointed on a temporary basis under Sub-section (2) of Section 73 and is continuing as such at the commencement of the Orissa Municipal (Amendment) Act, 1997 shall have or shall be deemed ever to have a right to claim for regularisation of his services on any ground whatsoever and the services of such person shall be liable to be terminated at any time without any notice and without assigning any reason thereof :
Provided that in case of workmen falling within the scope of Section 25-F of the Industrial Disputes Act, 1947, one month's wages and such compensation as would be payable under the said section shall be paid in case of termination of services.
Notwithstanding anything contained in any judgment, decree or order of any Court, Tribunal or other authority, the claims for regular appointment of all persons appointed on a temporary basis under Sub-section (2) of Section 73 shall stand abated and, accordingly,-
(a) no suit or other proceeding shall be instituted, maintained or continued in any Court, Tribunal or other authority by the temporary appointees against the Municipality or any person or authority whatsoever for the regularisation of the services;
(b) no Court shall enforce any decree or order directing regularisation of the services of such persons; and
(c) all proceedings pending in any Court or Tribunal claiming the regularisation of services of such persons shall abate.]
Any appointment made by a Municipality without the previous sanction of the State Government as required by Sub-section (1) of Section 73 shall be treated as voidable.]
1. Inserted vide Orissa Act No. 6 of 2002 Orissa Gazette Ext. No. 566 dt. 26.4.2002.
(1) Every Municipality shall have -
(a) an Executive Officer,
(b) an Engineer, and
(c) a Health Officer,
who shall be servants of the State Government, appointed 2[by the State Government] to the Municipality, 3[on such conditions as may be prescribed; and their work shall be subject to the general powers of supervision of the Chairperson :]
Proviso - 4[* * *].
5[Provided that the State Government may appoint a member of the Orissa Local Fund Service constituted under the Orissa Local Fund Service Rules, 1975 as an Executive Officer or as an Engineer on such conditions as may be prescribed :
Provided further that
Subject to the scale of establishment under Section 73 4[the] Selection Committee consisting of the Chairperson and a Councillor of the Municipality elected for this purpose and the Executive Officer the Engineering or the Health Officer, as the case may be, shall have power to select such persons as they may think fit, from time to time, such person shall thereupon be appointed by the Chairperson:
4[Provided that in the case of selection of teachers 5[* * *] the concerned District Inspector or Schools shall also a member of the Selection Committee :
Provided further that the Executive Officer, the Engineer and the Health Officer shall, subject to the approval of the Chairperson have power to make appointment in respect of such posts as may be prescribed.]
4. Substituted vide Orissa Act No. 1
Subject to the provisions of this Act or any rules thereunder and to such control as may be prescribed, the Chairperson of a Municipality may, ensure fine, withhold promotion, reduce, suspend, remove or dismissal any officer or servant of the Municipality in its service, except the Engineer, the Health Officer and the Executive Officer for any breach of departmental rules or discipline or for carelessness unfitness, neglect of duty or other misconduct:
1[Provided that -
(1) a mere order of suspension shall not be declared or construed as a punishment;
(2) during the period of suspension the person suspended shall be entitled to such subsistence allowance as is admissible to an employee of the State Government of similar rank;
(3) the Executive Offi
(1) An appeal against any order passed under Section 76 shall lie, if such order was passed by -
(a) the Executive Officer, Engineering or Health Officer to the Municipality; and
(b) the Chairperson to the State Government.
(2) An appeal under this section shall be preferred and disposed of in such manner as may be prescribed.]
1. Substituted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.
The procedure laid down in the Orissa Civil Service (Classification, Control and Appeal) Rules, 1962, in so far as they are not inconsistent with this Act, shall mutatis mutandis apply to the officers and servants of every Municipality on whom the Chairperson of the Municipality is empowered under Section 76 to impose punishments.
1. Inserted vide Orissa Act No. 2 of 1992 w.e.f. 22.11.1991.
(1) The Chairperson may grant leave to all officers and servants of Municipality appointed by him.
(2) The Executive Officer, the Engineer and the Health Officer shall have power to grant leave to the servants of the Municipality appointed by them.
The Municipality at a meeting may, from time to time, in accordance with regulation made under Section 84 -
(i) grant gratuities, allowances or annuities out of the Provident Fund or Annuity Fund to any of its officers or servants as it may think fit.
(ii) grant gratuity to any member of the family of any of its officers or servants who has died from disease or injury contracted in the discharge of a duty which was attended with extraordinary bodily risk.
Municipality shall not, without the assent of the State Government, dispense with the service of any servant whose services are lent or transferred by the State Government to the Municipality :
Provided that the Municipality may move the State Government to take such action as they deem necessary.
(1) Notwithstanding anything contained in this Act, 2[but subject to the provisions of Section 81-A, 81-B and 81-C] 3[* * *] the State Government may, by notification, constitute any class of officers or servants of Municipal areas 3[* * *] into a Local Fund Service for the State of Orissa :
Provided that no notification shall be issued under this sub-section 4[* * *] the Municipal areas concerned have been consulted in respect of thereof.
5[(2) The State Government shall, subject to the provisions of Section 392, have power to make rules to regulate the classification, methods of recruitment, conditions of service, pay and allowances, discipline and conduct of the officers and servants belonging to the Local Fund Service and such rules may vest jurisdiction in relation to such service in the State Government or in such other authority
(1) Before the constitution of the Local Fund Service, the State Government or, if empowered in that behalf, the concerned Municipality shall furnish detailed information in respect of the conditions of service prescribed for such service to every officer or servant belonging to any class in respect of which such service is to be constituted with a notice requiring him to exercise his option, within such period, not being less than thirty days, as may be specified therein for not being absorbed in such service.
(2) Any such officer or servant who fails to exercise his option within the aforesaid period shall be deemed to have opted for being absorbed in the service.
(3) Where any such officer or servant exercise his option for not being absorbed in such service within the said period, his services shall stand terminated with effect fro
3[Whenever any officer or servant belonging to the Local Fund Service is transferred or posted to a Municipality, the Executive Officer of the Municipality from which he is transferred shall be bound to relieve him as per orders of the State Government and the Executive Officer of the Municipality to which he is so transferred or posted shall be bound to accept his joining report forthwith, employ him in the service of Municipality and pay all amounts due to him on account of his pay, allowances and other dues from out of the Municipal Fund.]
3. Substituted vide Orissa Act No. 6 of 2002 Orissa Gazette Ext. No. 566 dt. 26.4.2002.
(1) Where the service of any person have been terminated under Sub-section (3) of Section 81-A, he shall, without prejudice to his claims to any leave, provident fund, gratuity or other benefits, if any, as an officer or servant of a Municipal area to which he may be entitled on his retirement or termination of service had the Local Fund Service not been constituted, be paid by the Municipality under which he last served an amount determined in the following manner :
(1) In the case of a permanent employee - Amount to be paid
(a) Where the continuous service rendered Pay for the remaining
by him by the date of termination period of service for six
exceeds ten years, months whichever is less.
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The Government may, as in their opinion the expediency of the circumstances requires, by general or special order, provided for any matter necessary, ancillary or incidental to the Constitution and working of the Local Fund Service for which this Act makes no provision or makes insufficient provision :
Provided that no such order shall be issued after the expiry of two years from the date of constitution of the Local Fund Service.
(1) No person shall be eligible for employment as an officer or servant of a Municipality if he had, directly or indirectly by himself or his partner or employer or employee, any share or interest in any contract or employment with, by or behalf of the Municipality or was dismissed or discharged for misconduct or inefficiency either from Government service or from the service of a local authority.
(2) If any officer or servant of a Municipality acquires directly or indirectly as aforesaid, any such share or interest, otherwise than as such officer or servant, he shall cease to be such officer or servant of the Municipality and his office shall become vacant from the date from which he is removed from office by the authority which appointed him, and he shall also be liable to be punished with fine which may extend to two hundred and fifty rupees.
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1[* * *]
1. Repealed vide Orissa Act No. 12 of 1953.
Subject to the provisions of this Act and of any rules made thereunder, the Municipality at a meeting, specially convened for the purpose, by a resolution in favour of which not less than two-thirds of the Councillors present at such meeting shall have voted, may subject to the approval of the State Government, make regulations in respect of officers and servant on its staff for -
(a) fixing the grades and scales of salaries, fees and allowances;
(b) fixing the amount and nature of the security to be furnished;
(c) laying down educational or other qualifications;
(d) regulating the grant of leave, leave allowance, acting allowances and travelling allowances;
(e) 2[* * *]
&
(1) The State Government may, on the application of any Municipality, place at its disposal the services of any Government servant employed in connection with the affairs of the State to be employed by it for the purpose of this Act. Such officer shall be on foreign service conditions and the Municipality shall bear the salary, which such officer may be entitled to receive under the rules of the branch of the Government service to which he belongs and shall also make any contribution towards the pension and leave allowances of such servant which may be required by conditions of his service under the State Government to be made by him or on his behalf.
(2) The Municipality shall also pay such special allowances or fixed travelling allowances to such officers as may be determined by the State Government.
(3) If such officer does any wor
(1) No scavenger, or any other servant of the Municipality employed to remove or deal with filth, offensive matter or rubbish shall without the permission of the Municipality, withdraw from the duties unless he gives to the Executive Officer in writing six weeks previous notice stating his intention so to withdraw and he shall not withdraw within fourteen days of giving such notice.
(2) Any scavenger or other such person who contravenes the provisions of Sub-section (1) shall be liable to rigorous imprisonment for a period which may extend to one month or to fine not exceeding fifty rupees or both and shall forfeit all salary which may be due to him for that period.
(3) The State Government may direct that on and from a specified future date the provisions of Sub-section (1) and (2) shall apply also to any other specified class of serv
(1) The resolution of Municipality shall be carried into effect by the Executive Officer in which the executive power of the Municipality shall be vested.
1[(1-a) Unless the Director otherwise directs the Executive Officer shall have power to supervise the work of the Health Officer and the Engineer.]
(2) It shall not be lawful for the Executive Officer to exercise any power within this Act expressly declares shall be exercised by the Chairperson of the Municipality, unless such power is delegated to him by either of them under Section 92 or 96 or rules framed thereunder.
1. Inserted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.
The Executive Officer may in cases of emergency direct, with the previous approval of the Chairperson or in his absence of the Vice-Chairperson 2[* * *] the execution of any work or the doing of any act which requires the sanction of the Municipality and the immediate execution or doing of which is in his opinion necessary for the service or safety of the public and may direct that the expenses of executing such work or doing such act shall be paid from Municipal Fund :
Provided that -
(a) he shall not act under this section in contravention of any order of the Municipality prohibiting the execution of any particular work or the doing of any particular act; and
(b) he shall report the action taken under this section and the reasons therefor to the Municipality at its next meeting.
2. First
3[A Vice-Chairperson] shall -
(a) during the vacancy of office of the Chairperson or incapacity or temporary absence of the Chairperson perform any of the duties and when occasion arises exercise any of the powers of the Chairperson;
(b) at any time perform any duty and exercise when occasion arises any power delegated to him by the Chairperson under Section 90 :
Provided that the Chairperson shall have power to control and revise the exercise or discharge of any of the powers and functions by the Vice-Chairperson 4[* * *] :
Provided further that the Vice-Chairperson 4[* * *] exercising powers and performing duties, during the vacancy of the offices of the Chairperson or incapacity or temporary absence of the Chairperson shall be responsible to th
The Chairperson may by an order in writing, delegate any of his powers and functions to the Vice-Chairperson 1[* * *] and may withdraw or modify any of such powers and functions at any time by an order similarly made:
Provided that he shall not delegate any of the powers and functions which the Municipality expressly forbids him to delegate :
Provided further that nothing done by the Vice-Chairperson 1[* * *] with express or implied consent of the Chairperson shall be invalid for want of such an order.
1. Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
During the vacancy of the office of Vice-Chairperson or incapacity ot temporary absence of Vice-Chairperson, the Chairperson may, by an order in writing delegate any of his functions to any Councillor of the Municipality till the Vice-Chairperson resumes office of a new Vice-Chairperson is elected, as the case may be :
Provided that -
(a) every order made under this section shall be communicated to the Municipality at the next meeting;
(b) no delegation under this section shall be made for any period exceeding, in the aggregate, ninety days in any year without the special sanction of the Municipality.]
2. Substituted ibid.
Subject to any restriction that the Municipality may impose, the Chairperson may by an order in writing delegate any of his functions to any officer or servant of the Municipality or to any officer or servant of Government and may in like manner withdraw or modify the same.
The exercise of powers or discharging of any functions delegated under Sections 90, 91 and 92 shall be subject to such restriction, limitations and conditions as may be laid down by the Chairperson and shall also be subject to his control and revision :
Provided that the Vice-Chairperson 3[* * *] or any Councillor exercising powers or discharging functions, delegated under Section 90 or 91, shall be responsible to the Municipality for all acts done under the powers and functions delegated to him.
3. First inserted Orissa Act No. 23 of 1992 w.e.f. 27.4.1992 and then omitted vide Orissa Act No. 11 of 1994.
(1) The general control and supervision of a Municipal area and superintendence over the officers and servants of such Municipality shall vest in the Municipality.
(2) Any Councillor may call the attention of the Chairperson to any negligence in the execution of the Municipality's work to any waste of Municipality's property or to the needs of any locality within the Municipal areas and may suggest any improvements which may appear desirable.
(3) Every Councillor shall have right to move resolution and to interpellate the Chairperson on matters, connected with the administration of the Municipality subject to such regulation, as may be framed by the Municipality.
(4) Every Councillor shall have access during office hours to the records of the Municipality after giving due notice to the Chair
The powers, duties and functions of a Municipality may be exercised and shall be performed or discharged by resolution passed at a meeting of the Municipality and not otherwise.
(1) With the exception of power, duty or function to be prescribed or reserved or assigned to a Chairperson under this Act, a Municipality may delegated to the Chairperson or Executive Officer any of the powers, duties or functions conferred or imposed or assigned to a Municipality under this Act :
Provided that the powers to frame regulations or bye-laws shall not be delegated by the Municipality under any circumstances whatsoever.
(2) Except as provided in Sub-section (3), a Municipality shall not itself exercise, perform or discharge or interfere in the exercise, performance or discharge of any power, duty or function which it has delegated under Sub-section (1).
(3) The delegation by Municipality under Sub-section (1) of any power, duty or function may be made subject to the condition t
The Executive Officer or a Municipal area shall have the following powers, namely :
(a) power to receive, recover and credit to the Municipal Fund any sum due or tendered to the Municipality;
(b) the power expressly conferred on the Executive Officer by this Act and the powers to do all things necessary for the exercise of these powers;
(c) the power to grant, refuse suspend or withdraw all licenses except licences for markets; and
(d) any other power that has been delegated to the Executive Officer under the provisions of this Act.
(1) The Executive Officer of a Municipal area with the sanction of a Chairperson may delegate by general or special order to a servant of the Municipality to exercise under his control any power conferred on or delegated to him under this Act.
(2) An order by the Executive Officer under Sub-section (1) may specify any condition and impose any restriction in respect of the exercise of any power.
(3) Any order passed by an officer or servant of Municipality in exercise of a power conferred on him under Sub-section (1) shall be liable to rescission or revision by the officer who conferred the power.
CASE LAW :
Delegation of power by the Executive Officer to any servant of Municipality with conditions and restrictions - Executive Officer delegated p
(1) A Municipality or any Committee of Municipality may require from the Executive Officer and through him from any of its officers -
(a) any return, statement, estimate, statistics or plan or other information, regarding any matter appertaining to the administration of the Municipality;
(b) a report or explanation on any such matter; and
(c) a copy of any record, correspondence, plan or other document which is in his possession or under his control or in his official capacity or which is recorded or filed in his office or in the office of any servant subordinate to him.
(2) Every officer, when so directed by the Executive Officer, shall comply without any unreasonable delay.
(3) The Executive Officer s
1[(1)] 2[* * *] The Engineer,
the Health Officer or the District Inspector of Schools or any prescribed officer with the permission of the Chairperson or by virtue of a resolution passed in this behalf at a meeting of the Municipality or of Committee thereof, may make a statement in regard to a subject under discussion but shall not vote upon, or propose a resolution at such meeting.
1[(2) It shall be the duty of the Executive Officer to attend all the meetings of the Municipal Council and to take part in the discussion at such meetings, but he shall not vote upon, or propose a resolution at any such meeting.
(3) In the case of a meeting of any Committee of the Municipal Council, the Executive Officer may, with the permission of the Chairman or by virtue of a resolution passed in that behal
The Executive Officer of a Municipality or any person authorised by him in this behalf, may enter into or on any building or land, with or without assistants or workmen, in order to make any inquiry, inspection, test, examination, survey, measurement or valuation or to execute any other work which is authorised by the provisions of this Act or of any rule, regulation, bye-law or order made under it, or which is necessary for any of the purposes of this Act in pursuance of any of the said provisions to make or execute :
Provided that -
(a) except when it is otherwise expressly provided in this Act no such entry shall be made between sunset and sunrise;
(b) except when it is otherwise expressly provided in this Act no dwelling house, and no part of a public building used as a dwelling place, s
The Executive Officer of a Municipal area or any person authorised by him in this behalf may examine and test the weights and measures used in markets and shops in the Municipal area with a view to the prevention and punishment of offences relating to such weights and measures under Chapter-XIII of the Indian Penal Code.
Notwithstanding anything contained in this Act, on and after the commencement of the Orissa Municipal (Amendment) Act, 1994 -
(a) the exercise of any power or performance or any function by the Chairperson, Vice-Chairperson, the Executive Officer or any other officer under this Act shall be subject to the direction, if any, as may be given by the Municipality in that behalf; and
(b) all orders and decisions of the Chairperson or the Vice-Chairperson of a Municipality under the provisions of this Act shall be carried into effect by the Executive Officer of the Municipality and non else.]
2. Inserted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
At least two months before the close of year, the Chairperson of a Municipality shall present before the Municipality a complete account of its probable receipts and expenditure for the following financial year together with the actual of the current year.
(1) The Budget estimate shall contain such particulars as may be prescribed.
(2) In such estimate the Municipality shall among other things -
(a) provide for the payment as they fall due to of all instalments of principal and interest for which the Municipality may be liable in respect of loans contracted by it;
(b) make adequate and suitable provision for such services as may be required for the several duties imposed by this Act;
(c) provide for the minimum closing balance as prescribed under Section 112.
(1) After the Budget is presented before the Municipality under Section 104, copies of the Budget estimate and translation thereof in the Oriya Language shall be forthwith lodged in the office of the Municipality.
(2) During fourteen days after the said copies and translation have been lodged in the said office of which due notice shall be published in the manner prescribed, they shall be open to inspection of the votes of the municipal area at all reasonable times.
(3) Any written suggestions which may be deposited in the office of the Municipality shall be laid before the Municipality for consolidation at the next meeting.
(1) After the expiration of the said fourteen days and after such revision, as may appear requisite, the Municipality shall sanction the estimate.
(2) Copies of the estimate as sanctioned, shall be submitted forthwith and not later than such dates as may be prescribed, to the State Government through such authority as the State Government may direct.
- The State Government or such authority, as the Government may empower in this behalf, shall examine the Budget with a view to seeing that -
(a) the estimate of income is reasonable and proper -
(b) provision has been made for the minimum closing balance and the minimum expenditure prescribed under Section 112;
(c) provision has been made for the payment of any sum which the Municipality may be liable to pay as instalments of the principal and interest upon loans raised by it under Section 111 for the purpose of this Act and for the information of a sinking fund;
(d) provision has been made for the expenditure of any grants given by Government for a specific purpose for such purpose.
The State Government shall if they find the Budget estimated effective, erroneous or improper in respect of any of the particulars specified in the preceding sections return it to the Municipality for such alteration and modifications as the State Government may deem necessary, and the Municipality shall make such alterations and modifications in the Budget estimate and re-submit it within a period of one month from the date of its receipt to the State Government for approval. If the Municipality fails to comply with the above, the State Government shall make such alteration in the Budget as they consider necessary and the Budget thus altered shall be the Budget of the Municipality.
(1) If for any reason the budget is not sanctioned before the date prescribed under Sub-section (1) of Section 107 the District Magistrate shall call for the Budget from the Executive Officer and sanction the same with such modifications as he consider necessary.
(2) The District Magistrate shall thereafter submit the Budget to the State Government and it shall thereupon be examined as provided in Section 108.
(3) The State Government may, if they find the Budget estimate defective, erroneous or improper in respect of any of the particulars specified in Section 108, make such alteration in the Budget as they consider necessary and the Budget thus altered shall be the Budget of the Municipality.]
1. Substituted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.
(1) When a Budget estimate has been finally approved by the State Government, the Municipality shall not incur expenditure under any of the heads of the Budget estimate in excess of the amount provided under that head without making provision for such excess by variation and alteration of the Budget and if the variation and alteration affects any orders of Government, passed under the last preceding section or any provision made in accordance with Clauses (b), (c) and (d) of Section 108, it shall obtain the approval of the State Government thereto.
(2) As soon as may be after the first day of October, a revised Budget for the year shall be framed and such revised Budget shall be subject to all the provisions applicable to a Budget under Sections 105, 106, 107, 108 and 109 of this Act.
It shall be lawful for a Municipality subject to the provisions of any law, relating to the raising of loan authorities, for the time being in force from time to time to raise loans for the purpose of carrying out any of the provisions of this Act and to guarantee repayment of principal and the payment of interest on such loans and to form a sinking fund:
Provided that no loans shall be raised for the purpose of constructing and maintaining a tramway under the provisions of Section 413, unless it is authorised by a resolution which has been passed at a meeting specially convened for the purpose and in favour of which a majority of not less than two thirds of the Councillors have voted.
The State Government may prescribe -
(a) the minimum closing balance to be maintained by a Municipality,
(b) the minimum expenditure to be incurred by a Municipality on public works, medical and public health.
(c) the statements, accounts and reports to be submitted to the State Government.
The provisions of the Orissa Local Fund Audit Act, 1948 (Orissa Act 5 of 1948), shall apply in regard to the audit of the funds under the control and management of the Municipality or any of its Committees.
There shall be constituted for each Municipality a fund to be called the Municipal Fund and there shall be placed to the credit thereof -
(a) all sums received by or on behalf of the Municipality under this Act or otherwise;
(b) all fines realised on conviction under the provision of this Act or the rules or bye-laws made thereunder, or under any other Act or rules in which provisions is made for the credit of such fines to the Municipal Fund;
(c) all sums received on account of fines and unclaimed sale proceeds under the provisions of the Cattle Trespass Act, 1871 (1 of 1871), all or any part of proceeds of the public ferries, fines and compensation received under the provisions of the Northern Indian Ferries Act, 1878 (17 of 1878) and Bengal Ferries Act, 1885 (Bengal Act 1 of 1885) and all m
Unless the State Government otherwise direct all sums received, on account of the Municipal Fund shall be paid into a Government Treasury, or into any Bank or branch Bank used as a Government Treasury in or near to the Municipal area and shall be credited to an account to be called the account of Municipal area to which they belong :
Provided that the Municipality may invest any money not required for immediate use either in Government securities or in any other form of security which may be approved of by the State Government.
Except as is otherwise provided in the Act, the Municipality shall set apart and apply annually out of the Municipal Fund -
(a) firstly, such sums as may be required for the repayment of and the payment of interest on any loan incurred under the provisions of the Local Authorities Loans Act, 1914 (Act 9 of 1914);
(b) secondly, the liabilities and obligations arising from a trust legally imposed upon or accepted by the Municipality;
(c) thirdly, such sum as they are by this Act required to provide for payment of the salaries and allowances of their own establishment including such contributions as are referred to in Section 85.
(1) Subject to the charges specified in Section 116 and subject to the payment of other sums, charges and costs necessary for carrying this Act into effect or duly directed or sanctioned for payment from Municipal Fund by or under any of the provisions of this Act, other than the provisions of this Section or under any other enactment for the time being in force, the Municipality may apply the Municipal Fund to any of the following purposes within the Municipal area that is to say -
(i) the construction, diversion, maintenance and improvement of roads, tramways, bridges, parks, squares, gardens, tanks, ghats, wells, channels, latrines and urinals;
(ii) the watering and cleaning of roads;
(iii) the lighting of public roads and provision, purchase, exploitation and maintenance of electric, gas o
Even provision has been made in that behalf in the Municipal Budget as approved by the State Government no expenditure shall be incurred by the Municipality without prior approval of the Director.]
7. Inserted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.
Notwithstanding anything contained in Section 117, the Municipality at a meeting may with the sanction of the State Government -(a) incur expenditure beyond the limits of the Municipal area -
(i) in the acquisition of land; or
(ii) in the construction, maintenance or repair of works for the purpose of obtaining a supply of water or of lighting required for the inhabitants of the Municipal area or for establishing places for the disposal of the dead or of establishing slaughter-houses or places for the disposal of night-soil or sewerage or carcasses of animals beyond the said limits or for any other purposes calculated to promote the health, safety or convenience of the inhabitant of the said Municipal area; or
(b) make a contribution towards expenditure incurred by the Municipal area or incurr
The State Government or any local authority may, at any time with the consent of the Municipality, transfer to this the management of any institution or the execution of any works not provided for by this Act and it shall thereupon be lawful for the Municipality to undertake the management of such institution or the execution of such works :
Provided that in every such case the funds necessary for such management of execution shall be placed at its disposal by the State Government or by the local authority concerned.
Notwithstanding anything contained in Section 117 - (1) All money collected, received or recovered by the Municipality whether as taxes, fines or otherwise or for the execution of works for or in any respect relating to-
(i) the water-supply,
(ii) the lighting system,
(iii) the cleaning of private and public latrines, urinals and cesspools and the provision and maintenance of public latrines and urinals, and
(iv) the drainage or sewerage system, shall after deduction of such proportionate share of the cost of collection and supervision as the Municipality may fix, be applied in defraying the expenses respectively-
(a) of making, extending or maintaining the water-supply,
&
(1) It shall be the duty of the Finance Commission to review the financial position of Municipalities and to make recommendations to the Governor as to -
(a) the principles which would govern-
(i) the distribution between the State and the Municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them and the allocation between the Municipalities at all levels of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and the fees which may be assigned to, or appropriate by, the Municipalities; and
(iii) the grants-in-aid to the Municipalities from the Consolidated Fund of the State.
(b) the measures nee
All property within the Municipal area of the nature hereinafter in this section specified other than the private property or property maintained by Government or any other local authority shall vest in and belong to the Municipality and shall, with all other property of whatever nature or kind which may become vested in Municipality be under its direction, management and control that is to say -
(a) all public roads including the soil, the pavements, stones and other materials thereof and all drains, bridges, culverts, trees, erections materials, implements and other works or things provided for such roads;
(b) all public channels, water-courses, springs, tanks, ghats, reservoirs cisterns, wells, aqueducts, conduits, tunnels, pipes, pumps and other water-works, whether made, laid or erected at the cost of the Municipality or otherwise,
The State Government may, from time to time, by notification exclude from the operation of this Act, or any specified section of this Act, any such public road, bridge, sewer, drain, drainage works, tunnels, culvert, restsheds and bungalows and may also modify and cancel such notification:
Provided that if the cost of construction of the works shall have been paid from the Municipal Fund, such work shall not be excluded from the operation of this Act or of any specified section of this Act without the consent of the Municipality.
It shall be lawful for the State Government from time to time to direct that any road, bridge, channel, buildings or other property movable or immovable, which is vested in the State Government for the purpose of the State and which is situated within a Municipal area shall, with the consent of the Municipality and subject to such exceptions and conditions as the State Government may make and impose be placed under the control and administration of the municipality for the purposes of this Act and thereupon such road, bridge, channel, building or other property shall under the control and administration of the Municipality subject to all exceptions and conditions so made and imposed and to all charges and liabilities affecting the same.
(1) Any hospital, dispensary, 1[* * *] rest-house, ghat or market within a Municipal area, not being private property or the property of a religious institution or society, and all medicines, furniture and other articles appurtenant thereto, not being such property, may, by order of the State Government duly published on the spot and in the Gazette, be vested in the Municipality and thereupon all endowments or fund belonging thereto shall be transferred to and vested in such Municipality as trustee for the purposes to which such endowments and funds were lawfully applicable at the time of such transfer and the Municipality shall not utilise the property as vested for any purpose other than that for which it was originally meant without previous sanction of State Government :
Provided that no such order shall be published until one month after notice of the intention to the transf
When any immovable property is required for the purposes of this Act, or for the recoupment of the cost of carrying out any such purposes, the State Government may, at the request of the Municipality proceed to acquire it under the provision of the Land Acquisition Act (1 of 1894) and on payment of the compensation awarded under that Act, and of any other charges incurred in acquiring it, the said property shall vest in the Municipality.
A Municipality may agree with the person to whom the property in any road, bridge, tank, ghat, well, channel or drain is vested to take over the property therein, and after such agreement, may declare by notice in writing put up thereon or near, thereto, that such road, bridge, tank, ghat, well, channel or drain has been transferred to the Municipality. Thereupon the property therein shall be vested in the Municipality and such road, bridge, tank, ghat, well channel or drain shall henceforth be repaid and maintained out of the Municipal Fund.
Subject to any restrictions imposed by or under this Act or rules prescribed, a Municipality may subject to the previous sanction of State Government, purchase or take on lease any land for the purpose of the Act and may transfer, by sale, mortgage, lease, gift, exchange or otherwise, any property vested in, not being the property in it, or held by it on trust, the terms of which are inconsistent with the right so to transfer :
2[Provided that the Municipal Council may transfer by lease any property vested in it, not being the property vested in it, or held by it on trust, for a period not exceeding three years including the period of renewal without the previous sanction of the State Government or any other authority, and for a period not exceeding six years including the period of renewal with the previous sanction of the Collector.]
2. Inserted vide Orissa Act No. 20 of 198
A Municipality may, accept, trust relating exclusively to the furtherance of any purpose to which its funds may be applied.
The State Government may with the consent of a Municipality, make over to the Municipality subject to such conditions, as may be agreed upon, the management of any institution or the execution or maintenance of any work or the exercise of any power or the performance of any duty, not provided for in this Act.
(1) Subject to any prescribed rules the Executive Officer may enter into and perform contracts necessary for the purpose of this Act on behalf of the Municipality.
(2) Every contract made by the Executive Officer, shall be subject to the previous sanction by the Municipality and shall be sealed with the common seal of the Municipality.
(3) Unless so executed, such contract shall not be binding on the Municipality.
(4) The State Government shall have power to make rules as to the manner of submission and opening of tenders and their acceptance and such rules shall be binding on the Municipality and its officers and servants.
CASE LAW :
Sec. 130 - Contract by the Executive Officer of Municipality - He
(1) The Municipality may from time to time, at a meeting convened expressly for the purpose of which due notice shall have given subject to the provisions of this Act 1[* * *] impose within the limits of the Municipal area the following taxes and fees or any of them :
(a) a tax on holding situated within the Municipality assessed on their annual value;
(b) a latrine tax on the annual value of holdings;
(c) a water-tax on the annual value of holdings;
(d) a lighting tax on the annual value of the holdings;
(e) a drainage tax on the annual value of holdings;
(f) a tax on carriages, carts, horses and other animals named in the Third Schedule;
(1) If the State Government, either on their own motion or on the representation made by the inhabitants of any Municipal area are satisfied that the imposition of any tax or fee referred to in Section 131 or the rate at which such imposition is likely to cause hardship to the inhabitants of the Municipal area they may, after consulting the concerned Municipality by order -
(a) abolish such tax or fee;
(b) suspend such imposition for such period, not being more than two years, as may be specified in the order; or
(c) fix such lower rate as they deem fit.
(2) Upon an order being made under Sub-section (1) in respect or for which a lower rate is fixed thereunder, shall not be re-imposed or as the case may be imposed at a higher rate without the pre
(1) The State Government shall, in respect of buildings belonging to them be liable to the payment of the taxes specified in Clauses (a), (b), (c), (d) and (e) of Sub-section (1) of Section 131 :
Provided that the tax referred to in the said Clause (a) shall not be levied in respect of any such buildings which is used for the purpose of -
(a) any Court or of any police station or fire station;
(b) any Government office not being an office of a commercial nature; or
(c) any educational, medical, public health or cultural institution:
Provided further that if any portion of any such building as is referred to in preceeding proviso is used for residential purpose the aforesaid exemption shall not be applic
(1) The tax on holdings shall not be imposed at a rate exceeding ten per centum on the annual value of holdings;
(2) Any holdings, which is used exclusively as a place of public worship, or religious assemblage, or as Dharmasala, Sarai, Choultry or as a mortuary, or which is duly registered as a public burial or burning ground, shall be exempted from the tax on holdings.
(3) The State Government may, on the recommendation of the Municipality, exempt any holding or part of a holding which is used exclusively for any charitable purposes.
(4) Where the aggregate annual value of all the holdings held by any one owner within a Municipal area does not exceed 1[sixty rupees] the tax on holdings shall not be imposed on any of the holdings of the said owner :
(1) The imposition of a water tax or of a lighting tax shall be subject to the following restrictions namely :
1[(a) where the Municipality -
(i) distributes water by means of water-carts or other like agency or provides water-supply by means of wells, tanks or other reservoirs; or
2[(ii) provides acetylene lamps or any other means of things,]
the Municipality may impose water tax or lighting tax, as the case may be, under such conditions and limitations as may be prescribed;]
(b) that the tax shall not be imposed 3[* * *] on any holding, consisting only of tanks, or in the case of the water tax on any holding, no part of which is within a radius to be fixed by Municipality from the nearest stand pipe or
The imposition of the latrine tax shall be subject to the following restrictions, namely-(a) that the tax shall be imposed only on holdings containing dwelling houses, latrine, urinals or cesspools, and on holdings containing shops or places of business, in which, in the opinion of the Municipality a latrine, urinal or cess-pool is required;]
(b) 1[* * *]
(c) that in fixing the rate of which the tax is to be levied, regard shall be had to the principal that the total net proceeds of the tax shall not exceed the amount required for cleaning private and public latrines, urinals and cesspool and for providing, extending or maintaining public latrine and urinals, together with the amount required to meet the proportionate share of the cost of supervision and collection and the re-payment of and payment of interest on any loan incurred in con
(1) Save as is herein otherwise provided, the drainage tax shall be subject to the following restrictions namely :
(a) 4[* * *]
(b) 4[* * *]
(c) that the rate on the annual value of holding at which the tax may be imposed shall not without the previous sanction of the State Government exceed ten per centum;
(d) that in fixing the rate at which the tax is to be imposed, regard shall be had to the principle that the total net proceeds of the tax shall not exceed the amount required for making, extending or maintaining the drainage or sewerage system and in any area in which a sewerage system has been established, the amount required for the cleansing private and public latrines, urinals and cesspools and public water closets, and the provision and mai
(1) The Municipality may compound for any period not exceeding one year, with the person liable to pay the latrine tax on any railway premises or on any premises used as a factory, dockyard, workshop, labour-depot, school, Hospital, market, Court-house, jail, reformatory, lunatic asylum or other similar places, for a certain sum to be paid by such person in lieu of the tax or in the case of such premises or places, may in lieu of levying the tax on the annual value of the holding, levy at a rate per head to be fixed by the Municipal Council on the number of persons living within a habituary resorting to such premises or places.
(2) The Municipality may by a notice in writing require the owner or occupier of any such place to furnish, within a time to be specified in the notice, a statement of the number of persons residing in or habitually resorting to such place.
&
(1) The annual value of holding shall be deemed to be the gross annual rental, at which the holdings may reasonably be expected to let, less a deduction, in case of buildings only, 3[fifteen per cent] of such annual rent and the said deduction shall be lieu of all allowance for repairs or on any other account whatsoever.
(2) If there be on the holding a building or buildings, the actual cost of erection of which can be ascertained or estimated and which is or are not intended foe letting or for the residence of the owner himself, the value of such holding shall be deemed to be an amount which may be equal to, but not exceed seven and a half per centum on such cost in addition to a reasonable ground rent for the land comprised in the holding.
1[* * * ]
(3) The value of any machinery or furn
For the purposes of and subject to Clause (11) of Section 3-
(a) If a question arises whether any property is included within one holding the decision thereof shall rest with the Municipality;
(b) the Municipality at a meeting shall decide in regard to holdings in general or to any class of holdings in particular what tests shall be applied determining whether properties within the Municipal area are held under one title or agreement.
If during the currency of any period, prescribed by Sub-section (1) of Section 146 the ownership of any land or building or portion thereof is sub-divided into separate shares, the Municipality may on the application of any of the co-owners, after giving the other co-owners an opportunity to be heard, divide the assessment of such land, building or portion thereof in the following manner, namely :
(i) if ownership be sub-divided into two or more shares without separate allotments, or if, as the result of such sub-division, there is separate allotment of such land, building or portion into two or more separate portions which are not entirely independent the Municipality may, if it thinks fit, apportion the assessment among the share-holders according to the value of their respective shares without assigning any separate number;
(ii) if, a
If any land or building, bearing two or more Municipal numbers, or portions thereof be amalgamated into one or more new premises, the Municipality shall assess them on amalgamation after assigning to them one or more numbers, as the case may be :
Provided that no assessment on amalgamation of premises shall be made by the Municipality unless there is cause for the revaluation of any such premises, except on an application being made to it by the owner or owners thereof, in which case such assessment, if made, shall remain in force for the unexpired period of valuation :
Provided further that the total assessment on amalgamation shall not be greater than the sum of the previous assessment of the several premises amalgamated.
Except as otherwise provided in this Act, any tax which is assessed on the annual value of holding shall be payable by the owner of holding.
(1) The State Government shall establish a valuation organisation consisting of such number of officers and other employees as they consider necessary.
(2) The State Government may, by notification -
(a) appoint such number of officers of the valuation organisation as they think fit to be Valuation Officers for the purposes of the Act; and
(b) define the Municipal areas within which each such officer shall exercise jurisdiction.
(3) The Valuation Organisation and the officers and the employees thereof shall be subject to the control of the Director.
(4) The Valuation Officers shall exercise such powers and perform such duties as have been conferred or imposed upon them by or under the provisions of thi
(1) In respect of Municipal area constituted and in respect of existing Municipal areas where the annual value of holdings has not been determined, the Valuation Officer, shall 2[after making in inquiry in the prescribed manner] determine the annual value of all holdings within the Municipal area and shall prepare a valuation list containing such particulars as may be prescribed.
(2) The Valuation Officer shall thereupon forward a copy of the list so prepared to the Municipality for its views and shall also list in the prescribed manner inviting objections from persons interested to be filed before the Executive Officer within sixty days from the date of such publication.
(3) All objections received by the Executive Officer within the aforesaid period together with the views, if any, of the Municipality expressed within the said period
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.]
3. Inserted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.
Subject to the provisions of 4[Sections 132 to 135] the Municipality at a meeting to be held before the close of the year next preceding the year to which any tax is assessed on the annual value of holdings will apply, shall determine the percentage on the valuation of holdings at which the tax shall be levied and in the percentage, so fixed, shall remain in force until the order of the Municipality determining such percentage shall be rescinded, and until the Municipality to a meeting shall determine some other percentage on the valuation of holdings at which the tax will be levied from the beginning of the next year :
5[Provided that -
(a) where the Municipality fails to determine such percentage on the valuation of holdings at which the tax shall be levied, the maximum percentages on the annual value of holdings as provided under th
As soon as possible after the percentage at which the tax is to be levied for the next year has been determined under the last preceding section, the Executive Officer shall cause to be prepared an assessment list, which shall contain the following particulars and any others which the Executive Officer may think proper to include :
(a) the name of the road in which the holding is situated;
(b) the number of the holding on the register;
(c) a description of the holding;
(d) the annual value of the holding;
(e) the name of the owner;
(f) the amount of tax payable for the year;
(g) the amount of quarterly instalment; an
(1) Unless otherwise directed by the State Government, new valuation and assessment list shall ordinarily be prepared once in every five years, so far as may be, in the same manner as in the case of newly constituted Municipal areas and the said period of five years shall be computed from the first day of the year in which the existing list take effect.
(2) Subject to any alteration or amendment made under Section 147 and to result of any appeal made under Section 153 every valuation and assessment entered in a valuation or assessment list shall take effect-
(a) in cases where the assessment list is completed within the period of five years as aforesaid from the first day of the year immediately following that period;
(b) in cases where such list is completed after the expiry of the said peri
(1) The Executive Officer may, at any time alter or amend the assessment list in any of the following ways :
(a) by entering therein the name of any person or any property which ought to have been entered or any property which has become liable to taxation after the publication of the assessment list under Section 152;
(b) by substituting therein for the name of the owner of any holding the name of any other person who has succeeded by transfer or otherwise to the ownership of the holding;
(c) altering the valuation of or assessment on, any holding which has been incorrectly valued or assessed by reason of fraud, misrepresentation or mistake;
(d) by revaluing or reassessing any holding the value of which has been increased by additions or alteration
(1) Whenever the title to any holding is transferred, both the transfer and the transferee shall, within three months after the execution of the instrument of transfer, or if no such instrument is executed within three months after the transfer is effected, give notice in writing of such transfer to the Executive Officer.
(2) In the event of the death of the person in whom such title vests, the person to whom as heir or otherwise the title of deceased is transferred by descent or devise, shall, within one year from the death of the deceased, give notice in writing of such transfer to the Executive Officer.
(3) Every person primarily liable for the payment of taxes on any land or building, who transfer his title to or over such property, without giving notice of such transfer to the Executive Officer, as aforesaid, shall unless the Muni
(1) If any house belongs to one owner and the land on which it stands and any adjacent land, which is usually occupied therewith, belongs to another, the 1[Valuation Officer] may value such house and land together, and may impose thereon one consolidated tax.
(2) The total amount of the tax shall be payable by the owner of the house who shall thereafter be entitled to deduct from the rent which he pays for the land such proportion of the tax so paid by him, as is equal to the proportion, which such rent bears to the annual value of the holding.
Whenever from the circumstances of the case, the levy of a tax on any holding in the Municipality would cause hardship to the person liable to pay the same, the Municipality may reduce the amount payable on account of such holding or may remit the same :
Provided that such reduction or remission shall not, unless renewed by the Municipality, have effect for more than one year.
2[* * *]
2. Repealed vide Orissa Act No. 12 of 1953.
(1) When the assessment list mentioned in Section 145, has been prepared or revised, the Executive Officer shall sign the same and shall give public notice by beat of drum and by placards posted up in conspicuous places throughout the Municipal area of the place where the said list may be inspected.
(2) The Executive Officer shall, also in cases in which any property is for the first time assessed or the assessment is increased, give notice thereof to the owner or occupier of the property, if known.
(1) Any person, who is dissatisfied with the amount assessed upon him or with the valuation or assessment of any holding or who disputes his occupation of any holding, or his liability to be assessed, may prefer an appeal to the District Magistrate or to such other officer, as may be empowered by the State Government in this behalf.
(2) No such appeal shall be preferred, after one month from the date of the publication of the notice required under Sub-section (1) of Section 152, or the service of the notice required under Sub-section (2) of the said section, or after the expiration of one month from the date of service of the first notice of demand for payment at the rate in respect of which the appeal is preferred, whichever period shall last expire :
3[ * * *]
1[(3) The Municipality may, i
(1) If during the hearing of an appeal under Section 153, a question as to the liability to, or the principle of assessment of a tax arises on which the office hearing the appeal entertains reasonable doubt, he may, either of his own motion, or on the application of the person interested, draw up a statement of the facts of the case and the point on which doubt is entertained and refer the statement with his own opinion for the decision of the High Court.
(2) On reference being made under Sub-section (1), the subsequent proceeding in the case shall, be as nearly as may be, in conformity with the rules relating to reference to the High Court contained in Order XLVI of the First Schedule of the Code of Civil Procedure, Act 5 of 1908 or such other rules as are made by the High Court under Section 122 of the said Code.
(1) In every appeal the costs shall be in the discretion of the officer deciding appeal.
(2) Costs awarded under this section shall be recoverable by the Municipality in the manner provided in Section 162.
(3) If the Municipality fails to pay costs awarded to an appellant within ten days after the date of the communication to the said Municipality of the order for payment thereof, the officer awarding the costs may order the persons, having the custody of the balance of the Municipal Fund, to pay the amount.
(1) No objection shall be taken to any assessment or valuation nor shall the liability of a person to be assessed or taxed be questioned in any other manner or by any other authority than is provided in this Act.
(2) The order of the appellate authority confirming setting aside or modifying an order in respect of assessment or valuation or liability to assessment or taxation, shall 1[contain the grounds and] be final and binding:
Provided that it shall be lawful for the appellate authority, upon application or his own motion to review any order passed by him in appeal by a further order passed within three months from the date of his original orders.
(1) When an objection to an assessment or valuation has been made under Section 153, the tax shall, pending the final determination of the objection, be paid on the revised assessment or valuation.
(2) If, when the objection has been finally determined, the revised assessment or valuation is altered, then -
(a) any sum paid in excess shall be refunded or allowed to be set off against any present or future demand of the Municipality under this Act; and
(b) any deficiency shall be deemed to be an arrear of the tax and recoverable as such.
By notification to be pasted up in their office, the Municipality shall declare at what hours of each day (not being a Sunday or other recognised holiday) the office shall be open for the receipt of the money and the transaction of business.
(1) The amount, due by any person on account of any tax on the annual value of holdings, shall be deemed to be the amount entered in the lists, the notice relating to which is published, under Section 152, unless the amount entered in such lists is subsequently altered as provided in this Act, in which case the amount to which the assessment or rating is so altered shall be deemed to be the amount due.
(2) Such tax shall be payable in quarterly instalments, and every such instalment shall be deemed to be due on the first day of the quarter of which it is payable.
(1) The Municipal Council may, by resolution provide for grant of rebate in respect of the tax due for any quarter at such percentage, not exceeding ten where such tax is paid within thirty days and not exceeding five where it is paid within sixty days from the date on which it became due, as the Council may determine.
(2) The Municipal Council may, in like manner, provide for grant of rebate in respect of the tax due for any year at such percentage not exceeding twenty where such tax is paid on or before the 30th April of the year and not exceeding ten where it is paid on or before the 31st May of that year, as the Municipal Council may determine.]
1. Substituted vide Orissa Act No. 21 of 1979 w.e.f. 24.7.1979.
For all sums paid on account of any tax under this Act, a receipt stating the amount and the tax on account of which it is paid, shall be given signed by the Tax Collector or by some other officer authorised by the Executive Officer to grant such receipts.
(1) If the sum due on account of any tax is not paid within 1[sixty-one days] from the date on which it became due, the Executive Officer shall cause to be served on the person liable to pay the same a notice in the prescribed form :
Provided that -
(a) no notice shall be served more than six months after any sum has become due; and
(b) no charge shall be made in respect of the service of such notice.
(2) Such notice, shall be signed by the Executive Officer or an officer authorised in that behalf, and shall be served by a person authorised to receive payment.
If any person after service upon him of such notice does not, within fifteen days of the service of such notice or from the date of any order made in an appeal under Section 153, pay the sum due either to the Executive Officer at his office or to some person authorised by him to receive the money, or show to the Executive Officer cause for not paying the same, the amount of the arrear due, with costs according to the prescribed scale of fees, may at any time within six months after the date of service of the said notice, or of the order made in an appeal as aforesaid, be levied by distress and sale of any movable property belonging to the defaulter (except ploughs, plough-cattle, tools or implements of agriculture or trade and article, required for worship or prayer) where found, or of any movable property belonging to any other person (subject to the same exceptions) which may be found within the holding in respect of which
(1) Every warrant of distress and sale under the last preceding section shall be issued by the Executive Officer and shall be in the prescribed form.
(2) When a warrant of distress is issued shall not be discharged before it is executed upon payment of the sum due together one-fourth of the cost referred to in Section 162.
(3) Distress shall be made by actual seizure of movable property and the officer charged with the execution of the warrant shall be responsible for the due custody thereof.
(4) Such officer shall make in the presence of the witnesses a list of all movable property seized under the warrant, and shall give not less than ten days previous notice of the sale and of the time and place thereof by beat of drum in the Municipality or hard in which the property is situated, and by
The officer, charged with the execution of the warrant, may under this special order of the Executive Officer between sunrise and sunset, break open any outer or inner door or window of a house in order to make the distress if he has reasonable grounds for believing that such house contains any movable property belonging to the defaulter, and if after notification of his authority and purpose and demand of admittance duly made, he cannot otherwise obtain admittance :
Provided that he shall not enter or break open the door of any room appropriate for the residence of which by the usage of the country is considered private except after three hours, notice and opportunity given for the retirement of the women.
(1) If the sum due be not paid with costs before the time fixed the sale or the warrant be not discharged or suspended by the Executive Officer, the movable property seized or a sufficient portion thereof shall be by auction at the time and place specified in the most public manner possible, and the proceeds shall be applied in discharge of the arrear costs.
(2) The surplus sale proceeds, if any, shall be credited to the Municipal Fund and may be paid on demand to any person who establishes his right to the satisfaction of the Executive Officer or in a Court of competent jurisdiction.
(3) The tax collector or the other officer authorised in that behalf shall make a return of all such sales to the Executive Officer in the prescribed form.
If no sufficient movable property belonging to a defaulter, or being upon the premises in respect of which he is assessed, can be found within the Municipality, the Magistrate of the District may, on the application of the Executive Officer, issue his warrant to an officer of his Court for the distress and sale of any movable property or effects belonging to the defaulter within any other part of the jurisdiction of the Magistrate of the District, or for the distress and sale of any movable property belonging to the defaulter within the jurisdiction of any other Magistrate exercising jurisdiction in the State of Orissa and such other Magistrate shall endorse the warrant so issued, and cause it to be executed and the amount, if levied to be remitted to the Magistrate issuing the warrant, who shall remit the same to the Executive Officer :
The Executive Officer shall cause a regular account to be kept of all distress levied and sales made for the recovery of taxes under this Act.
Any arrear of tax, due from any person in respect of which a notice of demand has been served under Sub-section (1) of Section 161, other than arrear due on the first day of the quarter immediately preceding, shall be recoverable as an arrear of land revenue.
(1) The Executive Officer of any Municipal area may at any time apply to the Collector of the district for the recovery of the whole or any part of any arrear of tax which he has failed to realise by distress and sale, together with costs and fees according to the prescribed scale.
(2) If the collector of the district is satisfied that Executive Officer has so failed to realise the whole or any part of any tax and that the application has been submitted not more than one month after such failure he shall allow the application and shall thereupon publish in the prescribed manner and for the prescribed period, a list of the arrears of taxes in respect of which the application has been allowed.
(3) After such publication of the list any arrears of tax included therein shall be treated as an arrear of land revenue payable to the Municipali
Instead of proceeding by distress and sale or in case of failure to realise thereby the whole or any part of any tax, the Municipality may sue the person liable to pay the same in any Court of competent jurisdiction.
The Municipality may write off any tax, fee or other amount whatsoever due to it from a person not exceeding five hundred rupees which may appear to it to be irrecoverable :
Provided that where the amount exceeds five hundred rupees the sanction of State Government shall be obtained.
The Councillors, Officers and servants of the Municipality and constables and other Officers of police department prohibited from purchasing any property at any such sale.
If the sum due from the owner of any holding remains unpaid after the notice of demand has been duly served, and such owner is not resident within the municipal area or the place of abode of such owner is unknown, the same may be recovered from the occupier for the time being of such holding, who may deduct from the next and following payments of his rent, the amount which may be so paid by or recovered from him :
Provided that no arrear of tax which has remained due from the owner of any holding for more than one year shall be so recovered from the occupier thereof :
Provided further that if any such holding is occupied in severally by more than one person, the sum recovered from any one such person shall not exceed such amount as shall bear to the total sum due the same proportion as the value of the part of the holding in the occupa
The purchaser of any holding, or part of a holding in respect of which any sum is due at the time of purchase on account of any tax under this Act, shall subject to the provision of Sub-section (2) of Section 148 be liable for the said sum.
The sum due on account of a tax under this Act from any person in respect of any holding, shall subject to the prior payment of the land revenue, (if any), be a first charge upon the said holding.
-(1) When it has been determined that a tax on carriages, carts, horses and other animals specified in the Third Schedule shall be imposed, the Municipality shall make an order that the owner of every carriage, car, horse and every other animal of the kind specified in the said Schedule, which is kept or used in the ordinary course of business within the Municipal area or which is let out for hire within or without the Municipality and is used in the ordinary course of business within it shall pay the tax in respect of such carriage, cart, horse or other animal and shall cause such order to be published in the manner prescribed.
Explanation -Used in ordinary course of business means used on business in the average thrice a week.
(2) Such order shall be published at least one month before the beginning of the 1[year] in which such tax w
(1) In any Municipality area in which a tax has been imposed under Section 176, the owner of every carriage, cart, horse and other animal specified in the Third Schedule shall, within the first month of each half-year, forward to the Executive Officers statement in writing, signed by him containing a description of the carriages, carts, horses and other animals liable to the tax for which he is bound to take out a licence.
(2) Such owner shall at the same time, pay to the Executive Officer such sum as shall be payable by him for the current half-year for the carriages, carts, horses and other animals specified in such statement according to the rates specified in any order for the time being in force under Section 176.
If any person acquires possession, at any time after the commencement of any half-year, of any carriage, cart, horse or other animal specified in Third Schedule in respect of which no licence has been given for such half year, he shall forward a statement as above required within one month of the date on which he may have acquired possession thereof, and shall pay such amount of the tax as shall bear the same proportion to the whole tax for the half-year as the unexpired portion of the half-year bears to the half-year and such amount shall be calculated from the date on which such person may have acquired possession as aforesaid.
(1) On receiving the amount of the tax due as aforesaid, the Executive Officer, or some person authorised by him in that behalf, shall give to the person paying the same a licence for the several carriages, carts, horses, and other animals for the period in respect of which the amount is received.
(2) Such licence shall be for the current year or half-year as the Council deems fit.
(3) A Municipal number shall be affixed to every cart or carriage at a conspicuous place so as to be distinctly visible.
Whenever the owner of any carriage, cart, horse, or other animal liable to pay the said tax is not residing within the limits of the Municipal area to which the tax is due, the person in whose immediate possession the carriage, cart, horse or other animal is for the time being kept, shall take out a licence for the same.
No person shall keep or be in possession of any carriage, cart, horse or other animal without the licence required under the Act :
Provided that no carriage or cart, which has not been brought into use or which is so damaged as in the opinion of the Executive Officer to be unfit for use, shall be liable to the tax.
The Municipality at its discretion may compound for any period not exceeding one year, with every stable-keepers and other persons keeping carriages, carts or animals for hire, for a certain sum to be paid for the carriages, carts or animals so kept by such persons in lieu of the tax at the rates specified in any order made by the Municipality under Section 176.
The Executive Officer shall, from time to time, cause to be prepared and entered in a book to be kept by him and to be open to the inspection of any person interested therein, a list of the persons to whom during the then current half-year, a licence has been given and of the carriages, carts, horses and other animals in respect of which they have paid the tax.
(1) The Executive Officer or any person authorised by him in that behalf may, at any time, between sunrise and sunset, enter and inspect any stable or coach house or any place wherein he may have reason to believe that there is any carriage, cart, horse or other animals liable to the tax for which a licence has not been duly taken out.
(2) The Executive Officer may summon any person, whom he has reason to believe to be liable to the payment of any such tax, or any servant of such person, and may examine such person or servant as to the number and description of the carriages, carts, horses, and other animals in respect of which such person is liable to be taxed.
When the ownership of any licenced carriage or cart is transferred within any period of licence, it shall be licenced a new within one month of the transfer in the name of the person to whom it has been transferred and a fee not exceeding four annas shall be paid for every such last mentioned licence.
(1) If a Municipal number is not affixed to a carriage or cart in pursuance of Section 179, the Executive Officer may at any time seize and detain the carriage or cart and the animal, if any, by which it is drawn :
Provided that no carriage or cart 1[other than bicycle] shall be seized or detained when actually employed in the conveyance or any passenger or goods.
(2) If the carriage or cart or animal seized be not claimed and the tax due thereon paid within fifteen days from the date of seizure, the Executive Officer may direct that the carriage, cart or animal shall be sold in public auction and the proceeds of the sale applied to the payment of-
(i) the tax, if any, due on vehicle or animal sold;
(ii) such penalty not exceeding the amount of th
On proof being given to the satisfaction of the Executive Officer that a carriage, cart, horse or other animal for which a licence has been taken out for any half-year has ceased to be kept or to be used within the Municipal area during the course of such half-year, the Executive Officer shall order a refund of so much of the tax for the half-year as shall bear the same proportion to the whole tax for the half-year as the period during which such carriage, cart, horse or other animal has not been kept or used in the Municipal area bears to the half-year, but no such refund shall be allowed unless notice be given to the Executive Officer within one month of the time when such keeping or use of such carriage, cart, horse or other animal ceased, and except for special cause shown, the Executive Officer shall pass no order for refund until after the close of half-year in respect of which the refund is claimed.
Nothing in Sections 176 to 185 shall be deemed to authorise the levy of more than one tax for the same period in respect of any carriage, cart, horse and other animal which is kept of used in more than one Municipal area 2[or any other local authority].
In such cases the tax shall be levied by the Executive Officer of the Municipal area 2[or any other local authority] within the jurisdiction of which the carriage, cart, horse or other animal is kept.
2. Inserted vide Orissa Act No. 30 of 1951.
(1) The State Government after consultation with the Municipality may, by notification exempt-
a) any class of commodities; or
(b) any new industry established within the Municipal area from levy of octroi :
Provided that in cases coming under Clause (b) the exemption shall be for such period, not exceeding five years from the date the industry first goes into production, as may be fixed by the State Government.
(2) The State Government may on their own motion or on application made in that behalf and after consulting the Municipality revise the rate of octroi.
(3) The Municipality may in such circumstances and subject to such conditions as may be prescribed, permit any person to compound the octroi p
-(1) If the Council by a resolution determines that a profession tax shall be levied, then as from the date of notification of such determination :
(i) every company, firm, association or Hindu undivided family transacting business in the Municipal area for not less than sixty days in the aggregate in any half-year; and
(ii) every individual who in any half-year-
(a) exercise a profession, art or calling or transacts any business of holds any appointment, public or private, either within the Municipal area or without it, but at the same time residing therefor not less than sixty days in the aggregate, or
(b) is in receipt of any 1[* * *] income from investments residing in the Municipality area for not less than sixty days in the aggregate, shall pa
The profession tax leviable from a firm, association or Hindu undivided family may be levied from any adult member of the firm, association or family.
(1) If a company, firm, association or individual employs a servant or agent to represent it or him or the purpose of transacting business in a Municipality, such company, firm, association or individual shall be deemed to transact business in the Municipal area and such servant or agent shall be liable for the profession tax in respect of the business of such company, firm, association or individual, whether or not such servant or agent has power to make biding contracts on behalf of such company, firm, association or individual.
(2) Where one company, firm, association or individual is the agent of another company, firm, association or individual, the former company, firm, association or individual shall not be liable separately to the profession tax on the same income as that of the principal.
If the profession tax due from any company, firm, association, Hindu undivided family or individual is not paid, the Executive Officer shall cause a notice to be served on such company, firm, association, Hindu undivided family or individual to pay it within fifteen days of the date of such service.
All statements made, returns furnished or accounts or documents produced, in connection with the assessment of profession tax by any company, firm, association, Hindu undivided family or individual, shall be treated as confidential and copies thereof shall not be granted to the public.
The Executive Officer, may by notice, require the owner or occupier of any building or land and every secretary or manager of a hotel, boarding or lodging house, club or residential chambers, to furnish within a specified time a list in writing containing the names of each individual, occupying such building, land, hotel, boarding or lodging house, club or residential chamber and specifying the profession, art, calling or appointment of every such individual and the rent, if any, paid by him and the period of such occupation.
The Executive Officer may, by notice require any employer or the head or secretary or manager of any public or private office, hotel, boarding house, club or of a firm or company -
(a) to furnish within a specified time a list in writing of the names of all persons employed by such employer or by such office, hotel, boarding house, club, firm or company as officers, servants, agents, suppliers or contractors with a statement of the salary or income of such employed person; and
(b) to furnish particulars in regard to any company of which such employer, head, secretary or manager, as the case may be, is the agent.
(1) Any person who is served with a notice under Section 192 may, within thirty days from the date of such service prefer an appeal against the demand made in the notice before the District Magistrate or such other authority as may be prescribed :
Provided that no appeal shall be entertained unless the appellate authority is satisfied that the appellant has made payment of the tax so demanded.
(2) If as a result of the decision in the appeal the tax demanded from the appellant is set aside or reduced the amount paid by way of tax or, as the case may be, paid in excess shall be refunded to the appellant in the prescribed manner or adjusted towards the tax due from him in respect of any other period.]
1. Inserted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.
Subject to rules as may be prescribed and in accordance with sanction granted under such rules the Municipality shall-
(a) provide sufficient supply of water for the domestic use of the inhabitant;
(b) provide and maintain a sufficient system of drainage and conservancy; and
(c) cause the public roads to be sufficiently lighted.
-(1) All public water courses and spring, all public reservoirs, tanks, cisterns, fountains, wells, stand-pipes and other water works, existing at the time of the coming into force of this Act, or afterwards made, laid or erected, and whether made, laid or erected, at the cost of the Municipality or otherwise, and also any adjacent land (not being private property) appertaining thereto shall vest in the Municipality and be subject to its control.
(2) The State Government may by notification, limit or define such control, or may assume the administration of any public source of water supply and public land, adjacent and appertaining thereto, after consulting the Municipality and giving due regard to its objections, if any.
(1) The Municipality may, with the sanction of the State Government, direct the construction of such works, as it deems fit, without the limits of the Municipal area for supplying it with water, and may provide channels, tanks, reservoirs, cisterns, engines, mains, wells, fountains stand pipes and other works as it may deem fit, within the said limits for the use of the inhabitants.
(2) The Municipality may cause existing works for the supply of water to be maintained and supplied with water or it may close any such works and substitute other such works and may cause them to be maintained and supplied with water.
It shall not be lawful for any person, except with permission of the Municipality duly obtained to enter upon land belonging to or vested in a Municipality along with a conduct or pipe runs, or upon any premises connected with the water-supply.
(1) Without the permission of the Municipality no building, wall or other structure shall be newly erected and no road shall be constructed over any Municipal water mains.
(2) If any building, wall or other structure be so erected, or any road be so constructed, the Municipality may cause the same to be removed or otherwise dealt with, as shall appear to it fit, and the expenses thereby incurred shall be paid by the persons offending.
The Municipality shall, so far the funds at its disposal may admit, provide a sufficient supply of water fit for the domestic use of the inhabitants.
CASE LAW :
Sec. 201 read with Constitution of India, 1950 - Art. 243U(1) proviso - Dissolution of Municipal Council - 5 years not complete - Reasonable opportunity of being heard under Art. 243U(1) proviso of the Constitution to be granted to the Municipality - Impugned notification quashed - Direction issued : (Sri) Ramesh Chandra Samantaray and others v. State of Orissa and others : 2003 (Supp.) OLR (NOC) 994.
All house connections, whether or without the premises to which they belong, with any water-supply mains which may have been constructed by a Municipality, shall be under the control of the Municipality but shall be altered, repaired and kept in proper order at the expense of the owner of the premises to which they belong, or for the use of which they were constructed and in conformity with bye-laws and regulations framed by the Council in this behalf.
(1) In Municipal areas in which there is a pipe supply of water the Executive Officer may at his discretion, on application by the owner or occupier of any building, arrange in accordance with the bye-laws, to supply water thereto for domestic consumption and use :
Provided that the Executive Officer shall not, without the sanction of the Municipality agree to Supply water to any building, assessed at an annual value of less than one hundred and twenty rupees.
(2) Whenever it appears to the Executive Officer that any dwelling house assessed at an annual value of not less than two hundred rupees is without a proper supply of water for domestic consumption and use, and that such supply can be furnished from a main, not more than one hundred feet distant from any part of such building, the Executive Officer may, by notice require the owne
(1) The Executive Officer may supply water for any purpose, other than domestic consumption and use, on receiving a written application, specifying the purpose for which such a supply is required and the quantity likely to be consumed.
(2) For all water supplied under Sub-section (1) payment shall be made at such rates as may be determined and on such conditions as shall be imposed by the Municipality by general or special order.
The Municipality may, with the sanction of and on such terms, if any, as may be approved by the State Government, supply water to a local authority or other person without the Municipality.
(1) The Executive Officer may cut off the supply of Municipal water from any premises-
(a) if the premises are unoccupied;
(b) if any water-tax or any sum due for water for the cost of making a connection, or for the cost of hire of a metre, or for the cost of carrying out any work or test connected with the water-supply, which is chargeable to any person by or under this Act, is not paid within fifteen days after a bill for such tax or sum has been presented;
(c) if after receipt of notice from the Executive Officer requiring him to refrain from so doing the owner or occupier continues to use the water or to permit it to be used in contravention of any bye-law made under this Act;
(d) if the owner or occupier neglects within a period specified in a
The Municipality shall not be liable to any penalty or damages for cutting off the supply of water or for not supplying water, save in the case of express stipulation in an agreement for the supply of water for other than domestic purposes, in the case of any drought, to other unavoidable cause or accident, or the necessity for relaying or repairing pipes.
(1) The Municipality may by order published at such places as it thinks fit, set apart convenient wells, tanks, ports or rivers, streams or channels, not being private property-
(a) for the supply of water for drinking and for culinary purposes; or
(b) for the purposes of bathing; or
(c) for washing animals or clothes; or
(d) for any other purposes connected with the health cleanliness or comfort of the inhabitants, and may by like order prohibit bathing or the washing of animals or clothes or other things at any public places not-set apart for the purposes, or at a time or by a sex other than that specified in the order, and may in like-manner prohibit any other act by which water in public places may be rendered foul or unfit for use, or which cau
The Municipality shall so far as the funds at its disposal permit, cause the public roads to be lighted and for that purpose shall, provide such lamps and works as it thinks necessary.
The Municipality shall, so far as the funds at its disposal may admit, provide and maintain a system of public-drains.
All house-drains, whether within or without the premises to which they belong, and all private latrines and cesspools within the Municipal area shall be under the control of the Municipality but shall be altered, repaired, cleaned and kept in proper order at the expense of the owner of the premises to which the same belong, or for the use of which they were constructed, and in conformity with bye-laws and regulations framed by the Municipality in this behalf.
(1) The Health Officer shall on application by the owner or occupier of any premises, owner of a private street, arrange, in accordance with the bye-laws, for the connection of the applicant's drain with any public drain at a distance not exceeding three hundred feet therefrom at the applicant's expense.
(2) If there is a public-drain or outfall, within a distance not exceeding one hundred feet of the nearest point on any premises, the Health Officer may, by notice, direct the owner of the said premises to construct a drain leading therefrom to such drain or place of outfall and to execute all such works as may be necessary in accordance with the bye-laws and regulations at such owners expense.
(3) If any premises are in the opinion of the Health Officer without sufficient means of effectual drainage, but no part thereof is situated wi
(1) Where a drain connecting any premises with a public drain or other place set apart by the Municipality for the discharge of drainage is sufficient for the effectual drainage thereof and is otherwise unobjectionable but is not in the opinion of the Health Officer adopted to the general drainage system of the Municipality or of the part of the Municipality in which such drain is situated, the Health Officer with the approval of the Municipality, may-
(a) subject to the provisions of Sub-section (2) close, discontinue or destroy the said drain and do any work necessary for that purpose; or
(b) direct that such drain shall, from such date as he specifies in this behalf, be used for sullage and sewerage only for water unpolluted with sullage or sewerage only and by notice require the owner of the premises to make at his own expense an ent
(1) When the Health Officer is of opinion that any group or block of premises, any part of which is situate within one hundred feet of a Municipal drain already existing, or about to be constructed, may be drained more economically or advantageously in combination that separately, the Health Officer may, with the approval of the Municipality cause such groups or block of premises to be drained by such method as appears to the Health Officer to be best suited therefor and the expenses incurred by the Health Officer in so doing shall be paid by the owners in such proportions as the Municipality may decide.
(2) Not less than fifteen days before any work under this section is commenced, the Health Officer shall give notice to the owners of-
(a) the nature of the intended work;
(b) the estimated e
(1) Without the permission of the Municipality no person shall place or construct any fence, building, culvert, drain covering, drain, or other structure or any road or cable over, under, in or across any public drain, or stop, divert, obstruct or in any way interfere with any public drain whether it passes through public or private ground.
(2) The Health Officer may remove or otherwise deal with any thing placed or constructed in contravention of Sub-section (1) as he shall think fit, and the cost of so doing shall be recoverable from the person responsible therefor in the manner provided in Section 345.
(1) The Health Officer may by notice require the owner or occupier of any building or land, adjoining a public road, to construct culverts or drain coverings over the side channels or ditches at the entrances to the said building or land.
(2) All culverts or drain coverings or pills maintained over side channels or ditches by the owners or occupiers of adjacent buildings or lands shall be of such form and size and consist of such materials and by provided with such means of ventilation as the Health Officer may by notice require and shall be maintained and kept free from all obstructions at the expense of the said owners or occupiers.
The owner or occupier of any building in a public road shall, within fifteen days after receipt of notice in that behalf from the Health Officer, put up and hence forward maintain proper troughs and pipes for catching and carrying the water from the roof and other parts of such building and for discharging such water in such manner as the Health Officer may permit.
The Municipality may carry any cable, wire, pipe drain or channel of any kind to establish or maintain any system of drainage, water supply or lighting, through, across, under or over any road, street or place laid out for a road, and after giving reasonable notice to the owner or occupier, through, across, under, over or up the side of, any land or building in the Municipal area and may place and maintain posts, poles, standard, brackets or other contrivances to support wires and lights on any pole or post in the Municipal area not vested in and under the control of the Government and may do all acts necessary or expedient for repairing or maintaining any such cable, wire, pipe, drain, channel, pole, standard, bracket or other similar contrivances in an effective state for the purpose of which it is intended to be used or for removing the same :
Provided that such work shall be d
(1) No person shall, without the permission of the Municipality make any connection with any Municipal cable, wire, pipe, drain or channel or with house connection of any other person.
(2) The Executive Officer may by notice require any connection made in contravention of Sub-section (1), to be demolished, removed, closed, altered or remade.
(1) The Municipality shall not undertake new works beyond the limits of the Municipal area without the sanction of the State Government.
(2) The Municipality may in the execution and for the purpose of any work, beyond the limits of the Municipal area, sanctioned by the State Government, whether before or after the passing of this Act, exercise all the powers which, it may exercise within the Municipal area throughout the line of the country through which conducts, channels, pipes, lines or posts and wires and the like run and with the sanction of the State Government-
(a) Over any lake, or reservoir from which a supply of water for drinking, for producing electric energy or for other purposes is derived and over all lands within one mile of the high water level of any such lake, tank or reservoir;
Every Municipality shall make adequate arrangements for -
(a) the regular sweeping and cleaning of the roads and removal of sweepings therefrom;
(b) the daily removal of filth, rubbish and the carcasses of animals from private premises;
(c) the daily removal of filth and rubbish from dustbins and private premises; and
(d) the conversion of such sewerage, offensive matter, filth and rubbish collected by the Municipality to compost manure in the manner prescribed;
and with this object, it shall provide-
(i) depots for the deposit of filth, rubbish and the carcasses of animal;
(ii) covered vehicle or vessels for the rem
Where a mosque, temple, math or any place of religious worship, or instruction, or any place which is used for holding fairs, festivals or for other like purposes, is situated within the limits of a Municipal area or in the neighbourhood thereof and attract either throughout the year or on particular occasion a large number of persons any special arrangements necessary for public health, safety or convenience, whether permanent or temporary, shall be made by the Municipality and the Council may require the trustee or other person having control over such place to make such recurring or non-recurring contribution, as the State Government may determine, to the funds of the Municipality.
No person shall after due provision has been made under Section 221 by the Municipality for the deposit and removal of the same-
(a) deposit the carcasses of animals, rubbish or filth in any road or on the verandah of any building, or any unoccupied ground alongside any road or any public quay, jetty or landing place, or on the bank of water-course or tank; or
(b) deposit filth or carcasses of animals in any dust bin or in any vehicle not intended for the removal of the same; or
(c) deposit rubbish in any vehicle or vessel intended for the removal of filth save for the purpose of deodorising or disinfecting the filth.
No owner or occupier of any premises shall keep or allow to be kept for more than twenty-four hours any filth on such premises or any building or on the roof thereof in any out-building or any place belonging thereto, or fail to comply with any requisition of the Health Officer as to the construction, repair, paving or cleaning of any latrine on or belonging to his premises.
No owner or occupier of any premises shall allow the water from any sink, drain, latrine or stable or any other filth to flow out of such premises to any portion of a road except a drain or a cess-pool, or to flow out of such premises in such a manner as to cause an avoidable nuisance by the soakage of the said water or filth into the walls or ground at the side of a drain forming a portion of a road.
No person shall in the removal of filth use any cart receptacle not having a covering proper for preventing the escape of the contents thereof or of the stench therefrom, or intentionally or negligently spill and filth in the removal thereof, or omit carefully to sweep and clean every place in which any such filth has been spilled, or placed or set down in any public place any filth whether in a vessel closed or open.
No person shall put or cause to be put any rubbish or filth into any public drain not intended for rubbish or filth or into any drain communicating with any such public-drain.
The 201[Municipality] shall provide and maintain in proper and convenient places a sufficient number of public latrines and urinals and shall cause the same to be daily cleansed and kept in proper order.
No person shall, without the permission of the 1[Municipality]-
(i) construct latrine or urinal with a door or trap door opening on to any road or drain;
(ii) construct or keep any latrine, urinal, cess-pools house drain or respectable for sewerages or other offensive matter within fifty feet of any tank or water-course or a tank or water-course which the inhabitants of any locality use.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
(1) The Health Officer may by notice require the owner or occupier of any building within the time specified in such notice to provide a latrine or alter or remove from an unsuitable to a more suitable place any existing latrine in accordance with the directions contained in such notice for the use of the persons employed in or about or occupying such building and to keep it clean and in proper order.
(2) Every owner or occupier of the ground on which any group of six or more huts stands shall provide latrines of such description and number and in such position as the Health Officer may by notice require, within such time as may be fixed in the notice, for the use of the inhabitants of such huts.
Every person employing workman, labourers or other person exceeding ten in number shall provide and maintain for the separate use of person of each sex so employed latrines of such description and number and in such position, as the Health Officer may by notice require, within such time as may be fixed in the notice.
The Health Officer may by notice require the owner or manage of a market, cart-stand, cattle-shed, dharmasala, sarai, choultry, railway station, dock wharf or other place of public resort within the time specified in such notice to provide and maintain for the separate use of persons of each sex latrines of such description and number and in such position as may be specified in such notice.
All latrines shall be so constructed as to screen persons using the same and the filth from the view of persons passing by or residing in the neighbourhood and shall be kept clean and in proper order.
(1) The 1[Municipality] shall at the cost of the Municipal Fund, cause the public roads and bridges to be maintained and repaired and may from the same fund meet the cost all improvements to the same which are necessary or expedient for the public safety or convenience.
(2) The 1[Municipality] may entrust to any other local authority with the consent of such authority the maintenance of any public road or portion thereof, the cost of maintenance being provided by the 1[Municipality].
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
(1) The 1[Municipality] may-
(a) lay out and make new public roads;
(b) construct bridges and sub ways;
(c) turn, divert or with the special sanction of the State Government permanently close any public road or part thereof; and
(d) widen, open, extend or otherwise improve any public road.
(2) Reasonable compensation shall be paid to the owners of any land or buildings or part of the building which are required for, or effect by and such purposes.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
When a public road is permanently closed under Section 235, the 1[Municipality] may, with the sanction of the State Government, dispose of the site or of so much thereof as is no longer required, by public auction, in such manner as may be approved by the State Government.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
-(1) The 1[Municipality] may acquire-
(a) any land required for the purpose of opening, widening, extending or otherwise improving any public road or of making any new public road, and the buildings or part of the buildings, if any, standing upon such land; and
(b) any land outside the proposed road alignment, with the buildings, or part of the buildings if any, standing thereupon :
Provided that, in any case in which it is decided to acquire any land under Clause (b) of this sub-section, the owner of such land may retain it by paying to the Municipality an annual sum to be fixed by the Municipality in that behalf or a lump-sum to be fixed by the Municipality not being less than twenty-five times such annual sum and subject to such conditions as the Municipality thinks fit as to the removal
The 1[Municipality] may-(a) prescribe for any public road, a building line or road alignment or both;
(b) from time to time define afresh line in substitution for any line so defined or for any part thereof :
Provided that in either case-
(i) at least one month before the meeting of the 1[Municipality] at which the matter is decided, public notice of the proposal has been given and special notice thereof has also been put up in the road or part of the road for which such line is proposed to be defined, and
(ii) the 1[Municipality] consider all objections to the said proposal made in writing and delivered at the Municipal office not less than three clear days before the day of such meeting.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.
(1) No person shall construct any portion of any building within at road alignment defined under Section 238.
(2) No person shall erect or add to any building between a road alignment and a building line defined under Section 238 except with permission of the Executive Officer who may, when granting permission, impose such conditions as the 1[Municipality] may lay down for such cases.
(1) When any building or part thereof aboutting on a public road is within a road alignment defined under Section 238 the Executive Officer may, whenever it is proposed-
(a) to rebuild such building or take it down to an extent exceeding one-half thereof above the ground level such half to be measured in cubic feet; or
(b) to remove, reconstruct or make any addition to any portion of such building which is within the road alignment;
in any order which the issues concerning rebuilding, alteration or repair of such building require such building to be set back to the road alignment.
(2) When any building or any part thereof within the road alignment falls down or is burnt down or is whether by order of the Executive Officer or otherwise taken down o
he 1[Municipality] may, upon such terms as it thinks fit, allow any building to be set forward for the purpose of improving the line of a public road and may by notice require any building to be so set forward in the case of reconstruction thereof or of a new construction.
Explanation - For the purpose of this section a wall separating any premises from a public road shall be deemed to be a building and it shall be deemed a sufficient compliance with permission or requisition to set forward a building to the road alignment if a wall of such material and dimension as are approved by the Executive Officer erected alongwith the said line.
(1) The 1[Municipality] may prepare schemes and plans or proposed public roads showing the direction of such roads, the road alignment and building line on each side of them, their intended width and such other details as may appear desirable,
(2) The width of such proposed roads shall not ordinary be less than fifty feet, or in any area covered by huts, twenty-five feet.
(3) It shall be the duty of the 1[Municipality] to lay out public roads in areas covered by huts, so far as may be practicable, both for the purpose or securing proper ventilation for huts in such areas, and in view to the contingency of buildings being erected therein.
(4) When any plan has been prepared under Sub-section (1) the road to which it refers shall be deemed to be a projected public road and the provisions of S
The 1[Municipality] shall so far as it considers it requisite for the public convenience and, so far as funds permit, cause the public roads to be watered and for that purpose may provide such equipment and apparatus as it thinks necessary.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
The Executive Officer may by an order in writing temporarily close any road to traffic for repair, of in order to carry out any work connected with drainage, water-supply or lighting or any of the purposes of this Act.
It shall not be lawful for any person, without the permission of the Executive Officer, to displace, take up or make any alteration in fences, posts, pavement flags or other materials of any public road, 2[or to dig at any place on any public road].
2. Added vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.
When by a certificate of an officer of the Government, Public Works Department of a rank not below that of Executive Engineer it appears to the 1[Municipality] that, having regard to the average expense of repairing roads in the neighbour-hood, extraordinary expenses have been incurred by the 1[Municipality] in repairing a road by reason of the damage caused by excessive weight passing along the road, on extraordinary traffic thereon, the 1[Municipality] may with the sanction of the State Government recover from any person by or in consequence of whose order such weight or traffic has been conducted the amount of such expenses as may be proved to the satisfaction of such 1[Municipality] to have been incurred by such 1[Municipality] by reason of the damage arising from such weight or traffic as aforesaid:
Provided that any person from whom expenses are or may be under this sectio
If the owner of any land utilises, sells, leases or otherwise disposes of such land or any portion or portions of the same as sites for the construction of buildings he shall, have in such cases, as the site or sites may about on an existing public or private road, lay down and make a road or roads giving access to the site or sites and connecting with an existing public or private road.
(1) Any person intending to make or lay out a new private road shall send to the 1[Municipality] a written application with plans and sections showing the following particulars, namely :
(a) the intended level, direction and width of the road;
(b) the road alignment and the building line; and
(c) the arrangements to be made for levelling, paying, metalling, flagging, channeling, sewering, draining, conserving and lighting the road.
(2) The provisions of this Act and of any rules or bye-laws made under this Act as to the level and width of public road and the height of buildings abutting thereon shall apply also in the case of roads referred to in Sub-section (1) and all the particulars referred to in that sub-section shall be subject to approval by
(1) If any person makes or lays out any road referred to Section 248 without or otherwise than in conformity with the orders of the 1[Municipality] the Executive Officer may, whether or not be offender be prosecuted under this Act, by notice -
(a) require the offender to show sufficient cause, by a written statement signed by him and sent to the Executive Officer on or before such day as may be specified in the notice, why such road should not be altered to the satisfaction of the Executive Officer or if such alteration be impracticable, why such road should not be demolished; or
(b) require the offender to appear before the Executive Officer either personally or by a duly authorised agent on such day and at such time and place as may be specified in the notice and show cause as aforesaid.
(
(1) If any private road or part thereof, is not levelled, paved, metelled, flagged, channeled, drained, conserved or lighted according to the direction of the Executive Officer, he may by notice require the owners or occupiers, as the case may be, of buildings or lands fronting or abutting on such road or part thereof to carry out any work which in his opinion may be necessary and within such time as may be specified in such notice.
(2) If such work is not carried out within the time specified in the notice the Executive Officer, may if he thinks fit, execute it and the expenses incurred shall be paid by the owners or occupiers, as the case may be, in default according to the frontage of their respective buildings or lands and in such proportion as may be settled by the Executive Officer.
If any road has been levelled, paved, metelled, flagged, channeled, drained, conserved and lighted under the provisions of Section 250 such road shall, on the requisition of not less than three-fourths of the owners thereof, be declared a public road.
No one shall build any wall or erect any fence or other obstruction, or projection or make any encroachment in or over any road except as hereinafter provided.
(1) No door, gate, bar or ground-floor window, shall, without a licence from the Executive Officer, be hung or placed so as to open outwards upon any road.
(2) The Executive Officer may be notice require the owner of such door, gate, bar, or window, to alter it so that no part thereof when open shall project over the road.
(1) The Executive Officer may by notice require the owner or occupier of any premises to remove or alter any projection, encroachment or obstruction (other than a door, gate, bar or ground-floor window) situated against or in front of such premises and in or over any road.
(2) If the owner or occupier of the premises, as the case may be, proves that any such projection, encroachment or obstruction has existed for a period sufficient under the law of limitation to give any person a prescriptive title thereto or that it was erected or made with the permission or licence of any Municipal authority duly empowered in that behalf, and that the period, if any, for which the permission or licence is valid, has not expired, the 1[Municipality] shall make reasonable compensation to every person who suffers damage by the removal or alteration of the same.
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(1) The 1[Municipality] may grant a licence, subject to such conditions and restrictions as it may think fit, to the owner or occupier of any premises to put up verandahs, balconies, sunshades, weather-frames and the like, to project over a road or in roads in which the construction of arcades has been sanctioned by the 1[Municipality], to put up an road; or to construct any step or drain covering necessary for access to the premises.
(2) The Executive Officer may grant a licence, subject to such conditions and restrictions, as he may think fit, for the temporary erection of pendals and other structures in a public road vested in the 1[Municipality] or in any other public place, the control of which is vested in the 1[Municipality].
(3) The 1[Municipality] shall have powers to lease road-side and margins vested in it for occupation on
(1) The Executive Officer shall during the construction or repairs of any road, drain or premises vested in the 1[Municipality].
(a) cause the same to be fenced and guarded;
(b) take proper precautions against accident by shoring up and protecting the adjoining buildings; and
(c) cause such bars, chains or posts to be fixed across or in any road in which any such work is under execution as are necessary in order to prevent the passage of carts, carriage or animals and avert danger.
(2) The Executive Officer shall cause such drain, the road or premises to be sufficiently lighted or guarded during the night while under construction or repair.
(3) The Executive Officer shall with all reasonable speed, comp
No person shall without lawful authority remove any bar, chain, post or shoring timber or remove or extinguish and light set up under Section 256.
(1) No person shall make a hole or cause any obstruction in road unless, he previously obtains the permission of the Executive Officer and complies with such conditions as that officer may impose.
(2) When such permission is granted, such person shall, at his own expenses, cause such hole or obstruction to be sufficient fenced and enclosed until the hole or obstruction is filled up or removed and shall cause such hole or obstruction to be sufficiently lighted during the night.
If any person intends to construct or demolish any building or to alter or repair the outward part thereof, and if any road or foot way is likely to be obstructed or rendered inconvenient by means of such work, he shall first obtain a licence from the Executive Officer in that behalf and shall also -
(a) cause the said building to be fenced and guarded;
(b) sufficiently light it during the night; and
(c) take proper precautions against accidents during such time as the public safety or convenience requires.
If any obstruction is caused in any road by the fall of tress, structures or fences, the owner or occupier of the premises concerned shall within twelve hours of the occurrence of such fall, or within such further period as the Executive Officer may by notice allow, clear the road of such obstruction.
(1) The 1[Municipality] may give names to new public roads and may alter the name of any public road.
(2) Executive Officer may cause to be put up or painted in Oriya on a conspicuous part of some building, wall or place, at or near each end, corner or entrances, the names of every public road.
(3) No person shall without lawful authority destroy, pull, put up by order of the Executive Officer.
1. Substituted vide Orissa Act No. 11 of 1994. w.e.f. 31.5.1994.
(1) The Executive Officer may cause a number to be fixed to the side or outer door of any building or to some place at the entrances of the premises.
(2) No person shall without lawful authority destroy, pull down by deface any such number.
(3) When a number has been affixed under Sub-section (1), the owner of the building shall be bound to maintain such number and to replace it if removed or defaced; and if he fails to do so, the Executive Officer may, by notice, require him to replace it.
No place of land shall be used as a site for the construction of a building and no building shall be constructed or reconstructed otherwise than in accordance with the provisions of this chapter and of any rules or bye-laws made under this Act relating to the use of building sites or the construction or reconstruction of buildings :
Provided that the State Government may in respect of all 1[Municipal areas] or with the consent of the 1[Municipality] in respect of any particular 1[Municipal areas] or portion thereof, exempt all buildings or any class of buildings from all or any of the provisions of this chapter or the said rules.
1. Substituted vide Orissa Act No. 11 of 1994. w.e.f. 31.5.1994.
(1) If any person intends to construct or reconstruct a building he shall send to the Executive Officer -
(a) an application in writing for the approval of the site, together with a site plan of the land; and
(b) an application in writing for permission to execute the work together with a ground plan, elevations and sections of the building, and specification of the work :
Provided that the Executive Officer may on application in writing by the person concerned and on payment of a prescribed fee get such plan prepared within a reasonable period.
Explanation - "Building" in this sub-section shall include a hut, a wall, foundation, plinth or fence or whatever height bounding or abutting on any public road.
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The Executive Officer shall not grant permission to construct or reconstruct a building unless and until he had approved of the site on an application made under Section 264.
The Construction or reconstruction of a building shall not begin unless and until the Executive Officer has granted permission for the execution of the work.
Within thirty days after the receipt of an application made under Section 264 for approval of a site or for permission to execute any work or of any information or of documents or further information or documents required under rules or bye-laws, the Executive Officer shall by written order either approve the site or grant such permission or refuse on one or more of the grounds mentioned in Section 269 to grant it.
CASE LAWS :
It is provided that if the Executive Officer does not grant or refuse to grant permission to execute work within the stipulated period - The applicant shall make a written request to the Council - The deemed grant of permission as provided under Sub-section (2) takes effect only when the Council does not deliver to the applicant an order either granting or refusing such approval/permission within one month from t
(1) If within the period prescribed by Section 267, the Executive Officer has neither given nor refused his approval of a building site or his permission to execute any work, as the case may be, the 1[Municipality] shall be bound, on the written request of the applicant, to determine by written order whether such approval or permission should be given or not.
(2) If the 1[Municipality] does not, within one month from the receipt of such written request, deliver to the application an order either granting or refusing such approval or permission such approval or permission shall be deemed to have given; and the applicant may proceed to execute the work, but not so as to contravene any of the provisions of this Act or any rules or bye-laws made under this Act.
1. Substituted vide Orissa Act No. 11 of 1994. w.e.f. 31.5.1994.
The only grounds on which approval of a site for the construction or reconstruction of a building or permission to construct or reconstruct a building may be refused are the following, namely :
(1) that the work, or use of the site for the work or any of the particulars comprised in the site plan, ground plan, elevations, sections or specification would contravene some specified provision of any law, or some specified order, rule, declaration or bye-law made under any law;
(2) that the application for such permission does not contain the particulars or is not prepared in the manner required under rules or bye-laws;
(3) that any of the documents referred to in Section 264 have not been signed as required under rules or bye-laws;
(4) that any informat
A permission given or deemed to have been given in respect of any construction or reconstruction under this Chapter shall be available for one year and after the expiry of the said period, such construction or reconstruction shall not be proceeded with, without a fresh application under Section 264.
(1) If the Executive Officer finds that the work -(a) is otherwise than in accordance with the plans or specifications which have been approved; or
(b) contravenes any of the provisions of this Act or any bye-law, rule, order or declaration made thereunder;
he may by notice require the owner of the building within a period stated either -
(i) to make such alteration as may be specified in the said notice with object of bringing work into conformity with the said plans of provisions; or
(ii) to show cause why such alterations should not be made.
(2) If the owner does not show cause as aforesaid, he shall be bound to make the alterations specified in such notice.
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The provisions of Sections 264, 265, 266, 270, and 271 shall, so far as may be, apply to a well.
- The provisions of this Chapter and of any rules of bye-laws made under this Act relating to construction and reconstruction of building shall also be applicable to any alteration thereof or addition thereof :
Provided that work of necessary repair which do not affect the position or dimension of a building or any room therein shall not be deemed an alteration on addition for the purpose of this section.
CASE LAW :
Application of Chapter - XVII and any rules or bye-laws under the Act applicable of reconstruction or alteration - Necessary repairs not affecting position or dimension of a building or any room do not amount to alteration or addition : 1995 (II) OLR 508.
(1) If the Executive Officer is satisfied -
(i) that the construction or reconstruction of any building or well-
(a) has been commenced without obtaining the permission or the Executive Officer or where an appeal has been preferred to the Municipality in contravention of any order passed by the Municipality in appeal; or
(b) is being carried on, or has been completed otherwise than in accordance with the plans or particulars on which such permission or order as based; or
(c) is being carried on, or has been completed in breach of any of the provisions of this Act or of any rule or bye-law made under this Act or of any direction or requisition lawfully given or made under this Act or such rules or bye-laws; or
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Any person aggrieved by the orders of the Executive Officer made under any of the provisions of this Chapter may, within thirty days from the date of the order, appeal to the 1[Municipality.]
1. Substituted vide Orissa Act No. 11 of 1994. w.e.f. 31.5.1994.
(1) Subject to the provisions of this Act and the rules made thereunder, a Municipality may, with the previous sanction of the State Government, by notification, levy a development charge on lands and buildings within the area under its jurisdiction at such rate, not exceeding the maximum rates specified in Sub-section (3), as it may determine :
Provided that different rates of development charges may be specified for different parts of the relevant area or areas and for different uses.
(2) The development charges on land's and buildings leviable under Sub-section (1) shall be assessed with reference to their use for different purposes such as -(ii) Commercial;
(iii) Residential; and
(iv) Miscellaneous :
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(1) If any structure appears to the Executive Officer to be in a ruinous state and dangerous to the passer-by or to the occupiers of neighbouring structures, the Executive Officer may by notice require the owner or occupier to fence off, take down, secure or repairs such structure so as to prevent any danger therefrom.
(2) If immediately action is necessary, the Executive Officer shall himself before giving such notice or before the period of such notice expires, fence off, take down, secure or repair such structure or fence off a part of any road or take such temporary measures as he thinks fit to prevent danger, and the cost of doing so shall be recoverable from the owner or occupier in the manner provided in Section 345.
(3) If any tree or any branch of a tree, standing on land adjoining a public road, appears to the Executive Offic
If in the opinion of the Executive Officer the working of any quarry or the removal of stone, earth or other material from any place is dangerous to person residing in or having legal access to the neighbourhood thereof or creates or is likely to create a nuisance, the Executive Officer may require the owner or person having control of the said quarry or place to discontinue working the same or to discontinue removing stone, earth or other material from such place or to take such order with such quarry or place as he shall deem necessary for the purpose of preventing danger or of abating the nuisance arising or likely to arise therefrom.
(1) The Executive Officer may by notice require the owner of any structure, booth or tent partly or entirely composed of or having any external roof, verandah, pendal or was partly or entirely composed of cloth, grass, leaves, mats or other highly inflammable materials to remove or alter such tent, booth structure, roof, verandah, pendal, or well or may grant him permission to retain the same on such conditions as the Executive Officer may think necessary to prevent danger from fire.
(2) The Executive Officer may by notice require any person during any place for the storage for private use of timber, fire wood, or other combustible things to take special steps to guard against danger from fire.
(1) No new well, tank, pond, cistern, fountain or the like shall be dug or constructed without the permission of the Executive Officer.
(2) The Executive Officer may grant permission, subject to such conditions as he may deem necessary or may, for reasons to be recorded by him refuse it.
(3) If any such works is begun or completed without such permission, the Executive Officer may either -
(a) by notice require the owner or other person who has done such work to fill up or demolish such work in such manner as the Executive Officer shall direct; or
(b) grant permission to retain such work, but such permission shall not exempt such owner from proceedings for contravening the provisions of Sub-section (1).
If in opinion of Health Officer -
(a) any pool, ditch, tank, well, pond, bog, swamp, quarry, hole, drain, cess-pool, pit, water-course, or any collection of water, or
(b) any land on which water may at any time accumulate,
or is, likely to become a breeding place of mosquitoes or in any other respect a nuisance, the Health Officer may by notice require the owner or person having control thereof to fill up, cover over, weed drain or drain off the same in such manner and with such materials as the Health Officer shall direct or to take such order with the same for removing or abetting the nuisance as the Health Officer shall direct.
(1) The Health Officer may by notice require the owner of or person having control over any private water-course, spring, tank, well or other place, the water of which is used for drinking, bathing or washing clothes to keep the same in good repair and to clean it or silt, refuse or vegetation and to protect if from pollution by surface drainage in such manner as the Health Officer may think fit.
(2) If the water of any place which is used for drinking, bathing or washing clothes, as the case may be, is proved to the satisfaction of the Health Officer to be unfit for the purpose, the Health Officer may by notice require the owner or person having control thereof to-
(a) refrain from using or permitting the use of such water; or
(b) close or fill up such place or enclose it with a wall or fenc
The 1[Municipality] shall maintain in a cleanly condition as well, tanks and reservoirs which are not private property, and may fill them up or drain them when it appears necessary to do so.
1. Substituted vide Orissa Act No. 11 of 1994. w.e.f. 31.5.1994.
The 1[Municipality] may in the interest of the public health regulate or prohibit the washing of animals, clothes or other things, or fishing in any public springs, tank, well, public water-course or part thereof within the 1[Municipal area] and may set apart any such place for drinking or for bathing or for washing clothes or animals, respectively, of for any other specified purpose.
1. Substituted vide Orissa Act No. 11 of 1994. w.e.f. 31.5.1994.
It shall not be lawful for any person to -
(a) bath in or in any manner difile the water in any place set apart by the 1[Municipality] or by the owner thereof drinking purposes; or
(b) deposit any offensive or deleterious matter in the dry bed of any place set apart as aforesaid for drinking purposes; or
(c) wash clothes in any places set apart as aforesaid for drinking or bathing; or
(d) wash any animal or any cloking utensils or wool, skins or other foul or offensive substance or deposit any offensive or deleterious matter in any place set apart as aforesaid for bathing or a washing clothes; or
(e) cause or suffer to drain into or open place set apart as aforesaid for drinking, bathing or washing clothe
If any building or land, by reasons of abandonment, disputed ownership or other cause, remains untenanted and thereby becomes a resort of idle and dicorderly persons or in the opinion of the Executive Officer, becomes a nuisance, the Executive Officer may after due inquiry by notice require the owner or person claiming to be the owner to secure, enclose, clear or cleanse the same.
The Executive Officer may by notice require the owner or occupier of any building or land which appears to him to be in filthy or unwholesome state, or overgrown with any thick or noxious vegetation, trees or undergrowth injurious to health or offensive to the neighbourhood, to clear, cleanse or otherwise put the land in proper state or to clear away and remove such vegetation, trees of undergrowth within such period and in such manner as may be specified in the notice.
(1) If any building or portion thereof intended for or used as a dwelling place appears to the Executive Officer to be unfit for human habitation, he may apply to the 1[Municipality] to prohibit the further use of such structure for such purpose, and the 1[Municipality] may after giving the owner and occupiers, of the structure a reasonable opportunity of showing cause why such order should not be made, make a prohibitory order as aforesaid.
(2) If the owner undertakes to execute forthwith the works necessary to render the structure fit for human habitation within the time specified, the Executive Officer may postpone the execution of the decision of the 1[Municipality] for such time not exceeding six months as he thinks sufficient for the purpose of giving the owner an opportunity of executing the necessary works.
1. Substituted vide Orissa Act No. 11 of 1994. w.e.f. 31.5.1994
- No person shall keep any animal on his premises so as to be a nuisance or so as to be dangerous.
(1) The Council may, and, if so directed by the District Magistrate, shall give public notice that unlicensed pigs or dogs straying within specified limits will be destroyed.
(2) When such notice has been given, the Executive Officer may cause to be destroyed in any manner not inconsistent with the terms of the notice any unlicensed pig or dog, as the case may be, found straying within such limits.
(1) When the Executive Officer takes down any structure or part thereof or cuts down any tree, branch of hedge or shrub in virtue of his powers under this Chapter, the Executive Officer may sell the material or things taken down, cut down, or removed and apply the proceeds in or towards payment of the expenses incurred.
(2) If after reasonable inquiry it appears to the Executive Officer that there is no owner or occupier to whom notice can be given under any section in this Chapter, he may himself take such order with the property mentioned in such section may appear to him to be necessary and may recover the expense incurred by the sale of such property, not being land, or of any portion thereof.
(1) The 1[Municipality] may notify that no place within the 1[Municipal area] as may be fixed by it shall be used without a licence granted by the Executive Officer and except in accordance with the conditions specified in such licence for any one or more of the following purposes, namely :
(a) washing soiled clothes and keeping soiled clothes for the purpose of washing them and washed clothes;
(b) boiling camphor;
(c) preparing chua;
(d) melting tallow or sulphur;
(e) dissolving silver and gold with nitric acid;
(f) storing, boiling or otherwise dealing with manner off all, blood, bones, hides, fish, skins, horns, or rags;
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- (1) Every person intending -
(a) to construct or establish any factory, work-shop or work-place in which it is proposed to employed steam-power, water-power or other mechanical power or electrical power; or
(b) to install in any premises any machinery or manufacturing plant driven by steam, water or other power as aforesaid,
shall, before beginning such construction, establishment or installation, make and application in writing to the 1[Municipality] for permission to undertake the intended work.
(2) The application shall be accompanied by -
(i) a plan of the factory, work-shop,work-place or premises prepared in prescribed manner; and
(ii) such particulars
(1) If any factory, work-shop or work-place, in which steam-power, water-power or other mechanical power or electrical power is used, nuisance is caused by reason of the particular kind of fuel employed or by reason of the noise or vibration created or by reason of insanitary conditions in and around the factory affecting the public health, the 1[Municipality] may issue such directions as it thinks fit for the abatement of the nuisance and rectifying the sanitary defects within a reasonable time to be specified for the purpose.
(2) If there has been wilful default in carrying out such directions or if abatement is found impracticable, the 1[Municipality] may -
(a) prohibit the use of the particular kind of fuel employed;
(b) restrict the noise or vibration by prohibiting the working of the fa
The State Government may, either generally or in any particular case, make such order or given such directions as they may deem fit in respect of any action taken or omitted to be taken under Section 291 or Section 292.
(1) Subject to the provision of inspection in any other laws for the time being in force, the Executive Officer or any person authorised by him in his behalf may enter any factory, work-shop or work-place -
(a) at any time between sunrise and sunset; and
(b) at any time by day or by night, if he has reason to believe that any offence is being committed against Section 291 or Section 292.
(2) No claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this section or by the use of any force necessary for the purpose of affecting an entrance under this section.
(1) The 1[Municipality] may provide places for use as public market.
(2) Subject to such control as may be prescribed the 1[Municipality] may in any public market levy any one or more of the following fees at such rates as may appear to it proper, or may frame out such fees for any period not exceeding three years at a time on such terms and subject to such conditions as it may deem fit -
(a) fees for the use of, or for the right to expose goods for sale in such markets;
(b) fees for the use of shops, pens or stands in such markets;
(c) fees on vehicles, carts, carriage or pet-animals carrying or on persons bringing goods for sale in such markets;
(d) fees on animals brought for sale into, or sold in suc
(1) No person shall, without the permission of the 1[Municipality] or, if the rents and fees have been framed out of the farmer, sell or expose for sale any animal or article within any public market.
(2) The Executive Officer may expel from any public market any person who or whose servant has been convicted of disobeying any bye-laws at the time in force in such market and may prevent such person from further carrying on by himself for servants or agents, any trade or business in such market, or occupying shop, stall or other place therein, and may determine any lease or tenure which such person may possess in any shop, stall or place.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
(1) No person, shall open a new private market or continue to keep open a private market unless he obtains from the 1[Municipality] a licence to do so.
(2) Application for such licence shall be made by the owner of the place in respect of which the licence is sought not less than thirty and not more than ninety days before such place is opened as a market or the commencement of the year of which licence is sought, as the case may be.
(3) The 1[Municipality] shall, as regard private market already lawfully established, and may at its discretion, as regards new private markets grant the licence applied for, subject to such rules as to supervision and inspection and to such conditions as to sanction, drainage, water-supply width of paths and ways, weights and measures to be used and rents and fees to be charged in such market as the 1[Mun
When a licence granted under Section 297 does not permit the levy of any fees, it shall be granted free of charge, but when such permission is given a fee not exceeding twenty per centum of the gross income of the owner from the market in the preceding year shall be charged by the 1[Municipality] for such licence.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
It shall not be lawful for any person to sell or expose for sale any animal or article in any unlicensed private market.
The Executive Officer may by notice require the owner, occupier or farmer of any private market to -
(a) construct approaches, entrances, passages, gates, drains and cess-pits, for such market and provide it with latrines of such description and in such position and number as the Executive Officer may think fit;
(b) roof and pave the whole or any portion of it or pave any portion of the floor with such materials as will in opinion of the Executive Officer secure imperviousness and ready cleansing;
(c) ventilate it properly and provide it with a supply of water;
(d) provide passage of sufficient width between stalls and make such alterations in the stalls, passages, shops, doors or other parts of the market as the Executive Officer may direct;
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(1) If any person on whom a notice to carry out any of the works specified in Section 300 has been served by the Executive Officer fails to carry out the said works within the period and in the manner laid down in the notice, the 1[Municipality] may suspend his licence or may refuse to grant him a licence until such works are completed.
(2) It shall not be lawful for any person to keep open any private market during such suspension or until the licence is renewed.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
The 1[Municipality] or any officer duly authorised by it in that behalf may close any private market -
(a) in respect of which no licence has been applied for; or
(b) the licence for which has been refused, withheld or suspended; or
(c) which is held or kept open contrary to the provisions of this Act.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
No owner, occupier, agent or manager in charge of any private market, or of any shop, stall, shed or other place, therein shall keep the same in such a condition as to be nuisance or fall to cause anything that is a nuisance to be at once removed to a place to a place to be notified by the 1[Municipality].
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1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
(1) The 1[Municipality] may require the rights of any person to hold a private market in any place and to levy fees therein and may, if necessary further acquire the land on which such market is situated.
(2) The acquisition shall be made under the Land Acquisition Act, (Act 1 of 1894) and such rights shall be deemed to be land for the purposes of that Act.
(3) On payment by the 1[Municipality] of the compensation awarded under the said Act in respect of such property and any other charges incurred in acquiring it, the rights of such person to hold a private market and to levy fees, therein shall vest in the 1[Municipality].
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
Any person aggrieved by an order of the 1[Municipality] under Sub-section (3) of Section 297 may appeal against such order to the prescribed authority within thirty days of the date thereof, and pending the disposal of such appeal the Chairperson of the 1[Municipality] may, if he thinks fit, suspend the execution of the order appealed against.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
The person in charge of a market shall prevent the entry therein of or expel therefrom, any person suffering from leprosy or from any infectious or contagious disease, and any animal suffering from disease communicable to man such as anthrax, tuberculosis, glanders, rabies, or any other disease communicable to animals such as foot and mouth diseases, and he may expel therefrom an person who is creating a disturbance therein.
The Executive Officer may, with the sanction of the 1[Municipality] prohibit by public notice or licence or regulate, the sale or exposure for sale or of any animals or articles in or upon any public road or place or part thereof.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
If any question arises whether any place, where persons assemble for the sale or purchase of articles of food or clothing or live-stock or poultry, or cotton, groundnut or other industrial crops or of any other raw or manufactured products, is a market or not, the 1[Municipality] concerned shall make a reference to the State Government and the decision of the State Government on the question shall be final.
(1) The 1[Municipality] may construct, or provide and maintain public landing places, halting places and cart-stands and may levy fees for the use of the same.
(2) A statement, in the Oriya language or any fees prescribed by the 1[Municipality] for the use of such place, shall be put up in a conspicuous part thereof.
Explanation - A cart stand shall, for the purposes of this Act include a stand for carriage (including motor vehicle within the meaning of the Motor Vehicles Act IV of 1939 and animals.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
Where the 1[Municipality] has provided a public landing place, halting place or cart stand, the Executive Officer may with the approval of the 1[Municipality] prohibit the use for the same purpose by any person within such distance thereof, as may be prescribed, of any public place or the sides of any public road.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
(1) If the fee leviable under Sub-section (1) of Section 309 in respect of a carriage or animal is not paid on demand, the person duly authorised to collect the same may seize such carriage or animal or any part of its burden suffice to defray the amount due and detain the same in his custody.
(2) If such fees, together with the expenses occasioned by such seizure and detention, remains unpaid for twelve hours, the person duly authorised, as aforesaid shall forthwith send the carriage, animal or other property seized, as aforesaid, to the Executive Officer or such officer, as he may have authorised to receive and sell distrained property.
(3) The Executive Officer, or any other officer duly authorised by him shall, forthwith give notice to the owner of the property seized or if the owner is not known or is not resident in the neighbour
(1) No person shall open a new private cart-stand or continue to keep open a private cart-stand unless he obtains from the Executive Officer a licence to do so.
(2) Application for such licence shall be made by the owner of the place in respect of which the licence is sought not less than thirty and not more than ninety days before such place is opened as a cart-stand or before the commencement of the year, for which the licence is sought, as the case may be.
(3) The executive officer shall, as regards private cart-stands already lawfully established, and may at his discretion, as regards new private cart-stands, grant the licence applied for, subject to such rules as to supervision and inspection and to such conditions as to conservancy, as the Executive Officer may think proper, or may refuse to grant such licence for any new private
(1) The 1[Municipality] shall provide a sufficient number of places for use as public slaughter houses.
(2) The 1[Municipality] may charge rent and fees for the use of public slaughter houses at such rates as it may think fit.
(3) The 1[Municipality] may from out the collection of such rents and fees for any period not exceeding three years at a time and on such terms and conditions as it may fit.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
The 1[Municipality] may notify-
(a) that no person shall, without or otherwise than in confirmity with the written permission of the Executive Officer, slaughter or permit to be slaughtered, or cut off or skinned, or permit to be cut off skinned any cattle, horse, sheep, goats or pig in any place other than at a public slaughter house provided by the 1[Municipality]:
Provided that nothing in this section shall be held to prohibit the slaughter of animals in the performance of religious rites in the places where it is usual to perform such rites, or for private use, but not for sale:
Provided further that no such notification shall have effect until sixty days from the date of publication.
(b) that no person shall, for purposes of sale to the publ
The Executive Officer may, on occasion of festivals and ceremonies or as a special case, allow any animal to be slaughtered in such places as he thinks fit.
(1) The 1[Municipality] may notify that no person shall, without or otherwise than in confirmity with a licence from the Executive Officer -
(a) carry on within 1[Municipal area] the trade or business of a dealer in or importer or seller or hawker of milk or dairy produce;
(b) use any place in the 1[Municipal area] for the sale of milk or diary produce :
Provided that no such licence shall be given to any person who is suffering from a dangerous disease, as notified from time to time by State Government.
(2) Such licence may be refused, or may be granted, on such condition as the Executive Officer may deem necessary, which may extend to the construction, ventilation, conservancy, supervision and inspection of the premises, whether within or withou
Within three months from the date of the publication of a notification by the State Government extending this chapter to any 1[Municipal area], every place therein, which is used as burial or burning ground for corpses, shall be registered as such by owner or person in charge thereof in the office of the 1[Municipality] but no fees be charged for such registration.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
1[Municipality] may at any time grant permission for the formation and making of burial or burning grounds, or for the renewed use of such grounds as, owing to disuse, have not been registered under the last preceding section, and when such permission has been granted shall cause grounds to be registered.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
The 1[Municipality] may, from time to time, out of the Municipal Fund, provide fitting places to be used as burial grounds either within or without the 1[Municipal area].
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
After the expiration of the three months mentioned in Section 317 no corpse shall be buried or burnt otherwise than in place which is borne on the register of the 1[Municipality] as an open burial or burning ground, or has been provided by the 1[Municipality] for the purpose; but the Executive Officer may grant special permission for a corpse to be buried or burnt elsewhere.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
(1) The 1[Municipality] may by public notice order any burial or burning ground, whether registered under Section 317 or provided under Section 319, which is in its opinion dangerous or likely to be dangerous to the health of persons living in the neighbourhood, or to be offensive to such persons to be closed from a date to be specified in the notice, and shall in such case, if no suitable place of burning exists at a reasonable distance, provided a fitting place for the purpose.
(2) When notice is issued ordering the closing of any burial ground under Sub-section (1), private burial places in such burial grounds may be excepted from the notice, subject to such conditions as the 1[Municipality] may impose in this behalf :
Provided that the limits of such burial places are defined, and that they shall only be used for the burial of memb
Any person aggrieved by any order made by the 1[Municipality] under the powers conferred upon it by the last preceding section may appeal to the State Government, and the decision of the State Government shall be final.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
After the expiration of not less than twenty-four hours from the death of any person, the Executive Officer may cause the corpse of such person to burnt or buried, and the expenses thereby incurred shall be recoverable as a debt due from the State of such person. In every such case the corpse shall be disposed of, so far as may be possible, in a manner consistent with the religious tenents of the deceased.
The 1[Municipality] may, from time to time out of the Municipal Fund provide for the burial and burning of paupers free of charge within the limits of the 1[Municipal area].
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
(1) The Executive Officer may, from time to time grant licences to persons applying for the same, for the sale at burning grounds of the fuel and other articles used for the cremation of dead bodies, and in case any such licence is granted shall prescribe a scale of rates for the sales of such articles; and any person not so licensed, who, within three hundred yards of any such burning ground, sells or offers for sale any such fuel or other articles, shall be liable to a fine not exceeding fifty rupees.
(2) The Executive Officer may, on good and sufficient cause cancel or withdraw any such licence he may think fit, and any person to whom any such licence is granted, who charges for the sale of any such articles at any higher rate than the rate fixed for such article in such scale, shall be liable to have his licence cancelled and shall be liable also to a fine not exceeding ten ru
At any burning ground provided by the 1[Municipality], the 1[Municipality] shall make adequate arrangements for the sale of fuel and other articles used for the cremation of dead bodies.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
Nothing in this chapter shall apply to any church, temple, mosque or other place of public worship.
Any enclosed place, buildings or tent, situated within the 1[Municipal area] and covering an area of five hundred square feet to upwards, shall not be used by any person or party for the purpose of public resort or entertainment the admission where to is regulated by payment of money, unless a licence has been previously obtained in the manner hereinafter provided.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
When any person desires to obtain a licence to use any enclosed place or building for public resort or entertainment or to construct any enclosure or building of such purpose, he shall send an application to the Executive Officer setting forth the name of the owner of the place or building, its situation, size and description the material of which the enclosure or building is made or proposed to be made, whether it is or proposed to be permanent, temporary, and the purpose for which it is proposed to be used.
Upon the receipt of any such application, the Executive Officer of the Municipality shall personally inspect or cause to be inspected by the Health Officer and the Engineer and if need be by a responsible officer or a Councillor of the 1[Municipality], the place or building in respect of which a licence is required and may call on the applicant by notice in writing to make any alteration or addition in the material or arrangement of the enclosure or building or the precaution for the safety of the public to be assembled therein and may refuse to grant a licence until the alteration or addition is made.
If the Executive Officer is satisfied -
(a) that the enclosed place or building may safety be used for the public resort or entertainment proposed;
(b) that no objection arising from its situation, ownership or purpose exists;
shall give to the applicant a written licence signed by him specifying the enclosure or building and the purposes for which it is to be used. Such licence shall be in such form and subject to such fee and conditions as the State Government may from time to time by rule direct.
If the Executive Officer is not satisfied as aforesaid he may refuse to grant licence recording his reasons for refusal in writing.
Every licence granted under this chapter, shall state the period for which it is to continue in force and shall cease to be in force on the expiration of that period.
The Executive Officer may, for reasons recorded, cancel or suspend the licence when he has reason to believe that -
(a) the licence has been fraudulently obtained;
(b) that enclosed place or building has been used for other purposes of public resort or entertainment than that for which the licence was granted.
(1) Any applicant for a licence under this Chapter may appeal form any order made under Sections 330, 331 and 333 by the Executive Officer of the Municipality.
(2) The appeal shall be made within thirty days from the day on which the applicant received the order appealed against.
(3) The appeal shall lie to the 1[Chairperson] of the 1[Municipality].
(4) The 1[Municipality] shall have the same power to inspect and to require alteration or addition in the enclosed place or building as the Executive Officer and may either grant or withhold the licence or make such order as it thinks fit.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
It shall be lawful for any Magistrate, or any Police Officer, not being below the rank of Sub-Inspector of Police, to enter at any time any enclosure or building for which licence is required, under any chapter, to inspect the licence, if any, that has been issued and if there is no licence of if the conditions of the licence are not observed and if he sees reasons to apprehend imminent danger to the public, to prevent further use of such enclosure or building as a place of public resort or entertainment.
Every person who, having the immediate control of any enclosed place or building, permits to be used for public resort or entertainment, without having obtained a licence, or having obtained a licence under this chapter permits such use in contravention of any of the conditions of such licence, shall be liable on conviction before a Magistrate to a fine which may extend to five hundred rupees.
(1) Every licence and permission granted under this Act or any rule or bye-law made under this Act shall specify the period, if any, for which and the restrictions, limitations, and conditions, subject to which, the same is granted, and shall be signed by the Executive Officer of the Municipality or by some person duly authorised by him in that behalf.
(2) Save as otherwise expressly provided in or may be prescribed under this Act, for every such licence or permission fees may be charged on such suits and at such rates as may be fixed by the 1[Municipality].
(3) The 1[Municipality] may from out the collection of such fee for a period of one year at a time on such conditions as it thinks fit.
(4) It shall be the duty of the Executive Officer to inspect places in respect of which a licence or
(1) Every order of the authority competent under this Act or rule or bye-law made thereunder to pass an order refusing, suspending, cancelling or modifying a licence or permission shall be in writing and shall state the grounds on which it appears.
(2) Subject to special provisions in Chapter-XX regarding private markets, Chapter-XXI regarding burial and burning grounds and Chapter-XXII regarding places of public resort and entertainment, any licence or permission granted under this Act or any rule or bye-law made under it may at any time be suspended or cancelled by the Executive Officer, if any of its restriction, limitations or conditions is evaded or infringed by the grantee, or if the grantee is convicted of a breach of any of the provisions of this Act, or of any rule, bye-law made under if any matter to which such licence or permission relate or if the grantee had obtained
Save as otherwise expressly provided or may be prescribed, every appeal under this Act shall, subject to the provisions of Section 5 of the Indian Limitation Act (Act IX of 1968) be presented -
(a) where the appeal is against an order granting a licence or permission within thirty days after the date of the publication of the order on the notice board of the 1[Municipality]; and
(b) in other cases, within the thirty days after the date of the receipt of the order or proceeding against which the appeal is made.
(1) All licences, notices and permissions given, issued or granted as the case may be, under the provisions of this Act must be in writing.
(2) Every licence, permission, notice summons or other document, which is required by this Act or by any rule or regulation or bye-law under it to bear the signature of the 1[Chairperson], Executive Officer or of any officer of a 1[Municipality] shall be deemed to be property signed, if it bears a facsimile of the signature of the 1[Chairperson] or the Executive Officer or of such officer, as the case may be, stamped thereon.
(3) Nothing in Sub-section (2) shall be deemed to apply to a cheque drawn upon a Municipality Fund or to any deed or contract entered into by a 1[Municipality].
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
Whenever 1[Municipality] sets apart any purpose or prohibits the doing of anything in any place, the Executive Officer shall forthwith cause to be put up a notice at such place in the Oriya language specifying the purpose for which sub-place has been set apart, or the act prohibited in such place.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
(1) When any notice or other document is required by this Act, or by any rule, regulation, bye-law or order made under it, to be served on, or sent to, any person the service or sending thereof may be effected -
(a) by giving or tendering the said document to such person; or
(b) if such person is not found, by leaving such document at his last known place of abode, or business, or by giving or tendering the same to some adult member or servant of his family;
(c) if such person does not reside in the local area and his address elsewhere is known to the Executive Officer by sending the same to him by post registered; or
(d) if none of the means aforesaid be available by fixing the same in some conspicuous part of such place of abode or business.
&n
If under this Act or any rule, regulation or bye-law made under it, the licence or permission of a 1[Municipality] or its 1[Chairperson] or the Executive Officer, as the case may be, is necessary for the doing of any act, and if such act is done without such licence or permission, or in a manner inconsistent with the terms of any such licence or permission, then -
(a) the 1[Chairperson] or the Executive Officer may by notice require the person doing such act to alter, remove, or as far
practicable restore to its original state the whole or any part of any property, movable or immovable, public or private, affected thereby, within a time to be specified in the notice, and further,
(b) if no penalty has been specially provided in this Act for so doing such act, the person so doing it shall be
(1) Whenever by any notice, requisition or order under this act, or under any rule or regulation or bye-law made under it any person is required to execute any work or to take any measures or do anything, a reasonable time shall be named in such notice, requisition or order within which the work shall be executed, the measures taken or the thing done.
(2) If such notice, requisition or order is not complied with within the time so named the 1[Chairperson] of the 1[Municipality] concerned may cause such work to be executed or may taken any measures or do anything which may in his opinion, be necessary for giving due effect to the notice, requisition or order as aforesaid.
(3) If no penalty has been specially provided in this Act for failure to comply with such notice, the said person shall be liable on conviction by a Magistrate to a fi
All costs, damages, compensation, penalties, charges, fees (other than school-fees), expenses, rent (not being rents for lands and buildings demised by the 1[Municipality] contributions) and other sums, which under this Act or any other law or rules or bye-laws made thereunder, are due by any person to the 1[Municipality], may, if there is no special provision in this Act for their recovery be recovered in the prescribed manner.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
No distraint shall be made, no suit shall be instituted and no prosecution shall be commenced in respect of any sum due to a 1[Municipality] under this Act, after the expiration of a period of three years from the date on which distraint might first have been made, a suit might first have been instituted, or prosecution might first have been commenced, as the case may be, in respect of such sum.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
Save as otherwise wise expressly provided in this Act, no person shall be tried for any offence against the provisions of this Act, or of any rule, regulation or bye-law made under it, unless a complaint is made by the police or the Executive Officer of a 1[Municipality] or by a person expressly authorised in this behalf by the 1[Municipality] or its Executive Officer, within three months of the commission of the offence. But nothing herein shall effect the provisions of the Code of Criminal Procedure, 1898 (Act 5 of 1989) in regard to the power of certain Magistrate to take cognisance of offences upon information received or upon their own knowledge or suspicion :
Provided that failure to take out a licence or obtain permission under this Act shall, for the purposes of this section, be deemed a continuing offence until the expiration of the period, if any, for which the licence or
Any fine, costs, tax or other sum imposed or assessed by a Magistrate under this Act or under any rule or regulation or bye-law made under it, shall be recoverable by such Magistrate under the Code of Criminal Procedure, 1898 (Act 5 of 1989) as if it were a fine and the same shall be paid to the 1[Municipality] concerned to be applied to the purposes of this Act.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
(1) No suit or other legal proceeding, shall be brought against any Municipal Councillor, the 1[Chairperson], Executive Officer, any Councillor, officer or servant, in respect of any act done or purporting to be done in execution or intended execution of this Act or any rule, regulation, bye-law, or order made under it or in respect of any alleged neglect or default in the execution of this Act or any such rule, regulation, bye-law or order, until the expiration of two months next after notice in writing, stating the cause of action, the nature of the relief sought, the amount of compensation claimed, and name and place of residence of the intended plaintiff has been left at the office of the 1[Municipality] and if the proceeding is intended to brought against any such 1[Chairperson] Executive Officer, Councillor, Officer, servant or person, also delivered to him, on left at his place of residence. And unless such notice be
The Executive Officer may, with the approval of the Chairperson, compound any offences under this Act which may by rules made by the State Government be declared compoundable.
It shall be lawful for the State Government from time to time to direct by notification that any public charitable dispensary or hospital within the 1[Municipal area] shall be under the control and administration of the 1[Municipality] and 1[Municipality] shall thereupon the charged with the control and administration thereof and the construction and repair of all buildings connected therewith.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
1[Municipal area] may provide for the use of the inhabitants of the 1[Municipal area] dispensaries, hospitals (allopathic or otherwise) or temporary place for the reception of the sick and for that purpose may -
(a) itself build such dispensaries, hospitals or places of receiption; or
(b) contract for the use of any such dispensary, hospital or place of reception or of any part thereof; or
(c) enter into any agreement with any person having the management of any hospital for the receiption of sick inhabitants of the 1[Municipal area] on payment or otherwise as may be agreed upon.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
(1) The State Government may by notification direct that the cost of establishment,
maintenance and management of any hospital or dispensary (allopathic or otherwise) shall be entrusted to a joint Committee consisting of persons appointed by local authorities and shall specify in such notification the proportion of the cost of establishment and maintenance of the said hospital or dispensary to be provided by the local authorities concerned :
Provided that no direction shall be made under this section except with the consent of the concerned local authorities.
(2) Subject to the prescribed rules such Joint Committee shall, in respect of such hospital or dispensary, have the same powers and be subject to the same liabilities as are conferred and imposed by any law for time being in force on t
Two or more 1[Municipalities] may combine in providing a common dispensary, hospital (allopathic or otherwise) or place for the receiption of the sick and fix the proportions of the cost thereof to be borne by them.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
A 1[Municipality] may contribute such annual or other sum as may be granted upon towards the cost of establishment or maintenance of any dispensary or hospital (allopathic or otherwise) which is situated outside the 1[Municipal area] but is generally used by the inhabitants of the 1[Municipal area].
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
Every 1[Municipality] on exercising powers vested in it by Sections 351, 352, 353, 354 and 355 shall conform to the prescribed rules.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
Subject to the prescribed rules, the 1[Municipality] shall be charged with, and be responsible for, the maintenance and management of all primary and basic schools recognised by the State Government within the Municipal area, and construction and repair of all the buildings connected therewith :
Provided that nothing contained in this section shall be held to apply to the practising primary schools attached to training schools and such other schools as may be notified from time to time by the State Government and these shall remain under such authority as ordered by the State Government:
Provided further that the State Government may, of their own motion or on the application of the Municipality exempt any Municipality from any one or more of the obligations imposed under this section, subject to such conditions as they deem proper and
The 1[Municipality] may, subject to the prescribed rules -
(a) with its own consent, be charged with and made responsible for the maintenance and management of any Middle School, High School or a School of any other description recognised by State Government within the Municipal area; or
(b) make grants-in-aid to such schools or schools.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
The Municipality may, subject to the prescribed rules -
(a) provide buildings within or without the 1[Municipal area], be used as hostel in connection with schools for the maintenance and management of which the Municipality is responsible under Section 357 or Section 358, and maintain and manage such hostels;
(b) make grants-in-aid to any schools or educational institutions referred to in Section 358 for the purpose of providing buildings to be used as students hostels in connection with such school, college or institution of for the purpose of maintaining and managing such hostels; or
(c) establish or grant scholarship for the furtherance of technical or any other special form of education.
The State Government may, from time to time, make such grants-in-aid to a 1[Municipality] as they may deem necessary for expenditure on-
(a) the improvement of any school recognised them;
(b) the provision of building to be used as students hostels in connection with any school referred to in Section 358 or any other educational institution and the maintenance and management of such hotels and subject to the prescribed rules the Council shall be charged with and be responsible for the proper distribution of such funds.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
Every Municipality shall in each years -
(i) frame and transmit to the Director of Public Instruction by such date and in such form as he may direct a statement showing-
(a) the names of schools for which grants-in-aid have been sanctioned for that year; and
(b) the amount of the grant which has been sanctioned for each such school;
(ii) furnish a report to the Director of Public Instruction by such date and such form as he may direct exhibiting the grants-in-aid which it has distributed to schools within its jurisdiction;
(iii) transmit to the Director of Public Instruction such further reports and statements as may be prescribed.
There shall be constituted for each 1[Municipality] a Primary Education Fund to which shall be credited -
(1) the proceeds of any tax levied within the jurisdiction of such 1[Municipality] under the provisions of this chapter;
(2) an annual contribution from the general funds of the Municipality not being less than a minimum by the State Government on that behalf;
(3) Such additional contribution from the general funds of the 1[Municipality] as the State Government may decide to be necessary in any year in order to balance the budget of the fund for such year;
(4) all sums granted to the Municipality by the State Government for the benefit or primary education;
(5) all income derived from endowments or ot
(1) The Primary Education Fund constituted under preceding section shall be lodged in such Bank or Government Treasury as the State Government may direct.
(2) All expenses incurred on Primary Education by the 1[Municipality] concerned shall be paid out of the Fund.
(3) All orders or cheques upon the Fund shall be signed by the Executive officer of the Municipality and countersigned by the Chairperson or the Vice-Chairperson or in the absence of both the Chairperson or Vice-Chairperson 2[by a member of the Finance Committee.]
(4) So far as the Fund to the credit permits, the Treasury or Bank shall pay -
(a) all orders or cheques signed in accordance with Sub-section (3);
(b) all expenses incurred by the
Any 1[Municipality] may with the previous sanction of the State Government and shall, if so directed by them, levy within its area taxes not exceeding twenty-five per cent of the taxation levied in such area under the law for the time being in force, under either or both of the following heads, namely :
(i) holding tax;
(ii) profession tax.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
(1) The rates of levy of the tax under the preceding section shall, subject to the maximum specified in that section, be determined.
(a) by the 1[Municipality] with the previous sanction of the State Government in case the tax is levied by the Municipality of its own motion; and
(b) by the State Government in case the tax is levied at their direction.
(2) Subject to the maximum aforesaid, the 1[Municipality] may with the previous sanction of the State Government, and shall, if so directed by them alter the rate of levy of such tax.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
The tax levied in any 1[Municipal area] under Section 364 shall be deemed to be an addition to a tax levied such area under the law for the time being in force governing the 1[Municipality] and all the provisions of such law relating to the incidence, assessment or realisation of such tax or in any manner of connected therewith shall be applicable accordingly:
Provided that the State Government may direct that the said provisions shall apply subject to such modifications and restrictions as may be prescribed.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
When a primary Education Fund is constituted under Section 362, the State Government shall contribute thereto a sum not less than the proceeds of taxation of levied under Section 364 on behalf of the Fund :
Provided that such contribution shall be, in addition to and in lieu of the amount of recurring expenditure incurred from the Consolidated Fund of the State during the financial year before coming into force of the provisions of this Chapter in Primary Schools managed or aided by the 1[Municipality] for which such Primary Education Fund has been constituted:
Provided further that if and when the State Government transfer the management of any Primary School directly managed or aided by them to the 1[Municipality] the amount of expenditure made on such a school from the Consolidated Fund of the State during the year immediately prece
(1) Every 1[Municipality] for which Primary Education Fund has been constituted under Section 362 shall submit to State Government through the Director of Public Instruction in such form and on or before such date in each year, as may be prescribed a budget for the ensuing year showing the income and expenditure relating so such Fund.
(2) The State Government may pass such orders as they may think fit in respect of the budget.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
The accounts of each Primary Education Fund shall be examined and audited under the provision of the Orissa Local Fund Audit Act, (Orissa Act 6 of 1948) and the 1[Municipality] concerned shall carry out any instructions which the State Government may issue on the audit report.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
(1) An application for the recognition of a Primary School shall be made in the prescribed form to the District Inspector of Schools.
(2) Subject to such rules, as may be prescribed, the District Inspector of Schools may, by an order in writing, grant such application either with or without conditions or refuse or defer the grant of recognition and may in like manner cancel or suspend any order granting recognition.
(3)(a) An appeal shall lie to the Director of Public Instruction in respect of any order passed under Sub-section (2) within sixty days from the date of passing thereof.
(b) The Director of Public instruction shall also have power otherwise than an appeal to modify or cancel any order passed by the District Inspector of Schools under Sub-section (2) :
All orders of recognition in respect of Primary School made by the Director of Public Instruction or by any other officer sub-ordinate to him before this Act comes into force shall be deemed to have been made under the provisions of this Chapter.
(1) An application for grants-in-aid to any Primary School should be made in the prescribed form to the 1[Municipality].
(2) Subject to such rules as may be prescribed, the 1[Municipality] concerned may by an order in writing grant such application, either with or without condition or refuse or defer the grant of admission to aid and may in like manner cancel or suspend any order granting admission to aid.
(3)(a) An appeal shall lie to the State Government in respect of any order passed under Sub-section (2) within ninety days from the date of passing thereof.
(b) The State Government shall also have power otherwise than on appeal to modify or cancel any order passed by the 1[Municipality] under Sub-section (2).
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
All orders admitting Primary Schools to aid made by the Director of Public instruction or by any other officer sub-ordinate to him before this Act comes into force shall be deemed to have been made under the provisions of this Chapter.
(1) The State Government may after previous publication, make rules to carry out all or any of the purposes of this Chapter.
(2) In particular and without prejudice to the generality of the foregoing power they may make rules -
a) with reference to all matters expressly required or allowed by this Chapter to be prescribed;
(b) declaring what shall constitute 'primary education', 'primary school place', 'school age' and 'attendance at school';
(c) declaring what schools or departments of schools be classed as primary schools;
(d) regulating the appointment, pay, punishment and removal of the members of the staff of such schools employed by the 1[Municipality];
Without prejudice to generality of the powers and functions of Municipality provided in this Act, every Municipality shall subject to such conditions and limitations as the State Government may, in the public interest, deem fit to impose, have powers with respect to -
(a) preparation of plans for economic development and social justice; and
(b) the performance of functions and implementation of schemes in relation to -
(i) urban planing including town planning;
(ii) planning for economic and social development,
(iii) urban forestry, protection of the environment and promotion of ecological aspects,
(iv) safeguarding the interest of weaker sections of society in
(1) Every Municipality shall maintain its records duly catalogued and indexed in such manner and in such form as may be prescribed for the purpose of facilitating access to information specified under Sub-section (2).
(2) It shall be the duty of every Municipality to publish, save as otherwise provided, at quarterly interval, -
particulars of its organisation, functions and duties;
(b) the composition of council, committees and other bodies, by whatever name called, constituted, if any ;
(c) minutes of proceedings of meetings of the council, committees and other bodies;
(d) a directory of its officers and employees;
(e) particulars of powers delegated to the o
(1) Every Chairperson, Vice-Chairperson, 2[* * *] Councillor, officer or servant of a Municipality, including a Government servant whose services are lent to the 251[Municipality] shall be liable for the loss, waste or misapplication of any money or other property owned by or vested in the 1[Municipality], if such loss, waste or misapplication is a direct consequence of any illegal act, omission, neglect or misconduct on his part, and a suit for compensation may be instituted against him any Court of competent jurisdiction by the 1[Municipality] with the previous sanction of the State Government or by the State Government.
Every such suit shall be instituted within three years after the date on which cause of action arose.
2. Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
When the Chairperson, Vice-Chairperson 2[* * *] or any Councillor of a Municipality or any officer of Government whose service are lent to the Municipality is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty no Court shall take cognisance of such offence except with the previous sanction of the State Government.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
2. Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
(1) No assessment or demand made, and no charge imposed, under the authority of this Act, shall be impeached or affected by reason of any clerical error or by reason of any mistake (a) in respect of the name, residence, place of business or occupation of any person, or (b) in the description of any property or things, or (c) in respect of the amount assessed, demanded or charged :
Provided that the provisions of this Act have been in substance and effect complied with. Further no proceedings under this Act shall, merely for defect in form, be quashed or set aside by any Court.
(2) No suit shall be brought in any Court to recover an sum of money collected under the authority of this Act or to recover damages on account of any assessment or collection of money made under the said authority :
The Chairperson, Vice-Chairperson 2[* * *] Executive Officer, a Councillor thereof, or any person employed by the 1[Municipality] or any person with whom the 1[Municipality] or its Executive Officer, has entered into a contract on behalf of the Municipality in the performance of their duty or of any thing which they are empowered or required to by virtue or in consequence of this Act, or of any bye-laws, rule, regulation or order made under it, shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, Act XLV of 1860.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
2. Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
No person shall, without authority in that behalf, remove, destroy, deface, or otherwise obliterate, any notice exhibited or any sign or mark erected by or under the orders of a 1[Municipality] or its 1[Chairperson] or the Executive Officer.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
The Executive Officer may summon any person to appear before him, or the Chairperson, Vice-Chairperson, 2[* * *] Councillor or a Committee and to give evidence or produce documents, as the case may be, in respect of any question relating to a taxation or to the grant of any licence or permission under the provisions of this Act.
2. Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
If any Councillor or any officer or servant, maintained by or employed under a 1[Municipality] has directly or indirectly any share or interest in the work done by order of the 1[Municipality] or which he is a Councillor, or by which he is maintained or under which he is employed, or in any contract with or under such 1[Municipality], he shall thereupon be disqualified to continue in office and shall be punishable on conviction with a fine which may extend to five hundred rupees :
Provided that the penalty herein prescribed shall not be deemed to apply by reason only of a person -
(a) having a share in any registered Joint Stock Company or a Co-operative Society, constituted under the laws for the time being in force which shall contract with or be employed by or on behalf of the 1[Municipality]; or
&nb
1[(1)] A person shall be liable for any expenditure made from Municipal fund contrary to law where such illegal payments has been authorised by him while acting as Chairperson, Vice-Chairperson, 2[* * *] Councillor or Executive Officer:
Provided that the State Government may in their discretion for reasons to be stated in writing condone any such illegal payment.
In any such case, where an application has not been condoned by the State Government, a suit for compensation may be instituted against the person in pursuance of the decision of the 3[Municipality] at a meeting.
4[(2) Nothing in Sub-section (1) shall apply to a person who is liable under Section 73-A.]
1. Re-numbered vide Orissa Act No. 10 of 1997 Orissa Gazette Ext. No. 1281 dt. 21.10.
(1) Whoever -
(a) contravenes any provisions of any of the sections specified in the first column of Schedule IV; or
(b) contravenes any rule or order made under any of the specified section ; or
(c) fails to comply with any direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of the provisions of any of the said sections,
shall be punishable with fine which may extend to the amount mentioned in that behalf in the fourth column of the said Schedule.
(2) Whoever after having been convicted of -
(a) contravening any provision of the sections specified in the first column of Schedule V; or
&nbs
(1) Whoever acts as a Councillor, knowing that under this Act or the rules and regulations made thereunder, he is not entitled or has ceased to be entitled to hold such office, shall be punishable with fine which may extend to fifty rupees for every such offences.
(2) Whoever acts as the 1[Chairperson or Vice-Chairperson] 2[* * *] of a 1[Municipality] or exercise any of his functions knowing that under this Act or the rules or regulations made thereunder he is not entitled or has ceased to be entitled to hold such office or to exercise such functions shall be punishable with fine which may extend to one hundred rupees for every such offence.
(3) If the 1[Chairperson or Vice-Chairperson] 2[* * *] of a 1[Municipality] intentionally omits to deliver up or to hand-over any documents of, or any moneys or other properties vested in, or belon
If any officer or servant of a 1[Municipality] knowingly acquires, directly or indirectly by himself or by a partner or employer or servant, any personal share or interest in any contract or employment with, by or on behalf of the 1[Municipality], he shall be deemed to have committed an offence under Section 168 of the Indian Penal Code, Act XLV of 1860 :
Provided that no person shall, by reason of being a shareholder in or member of any registered Joint Company or Co-operative Society constituted under the laws for the time being in force be held to be interest in any contract entered into between such company and the 1[Municipality] unless he is Director of such Company :
Provided further that nothing in this section shall apply to a teacher, employed by a 1[Municipality] who with the sanction of the State Government enters into a c
If the construction or reconstruction of any building or well -
(a) is commenced without the permission of the Executive Officer; or
(b) is carried on or completed otherwise than in accordance with the particulars on which such permission was based; or
(c) is carried on or completed in contravention of any lawful order or in breach of any provision contained in this Act or in any rule or bye-law made hereunder or of any direction or requisition lawfully given or made; or
if any alterations or additions required by any notice issued under Section 271 or Section 273 are not duly made; or
if any person to whom a direction is given by the Executive Officer to alter or demolish a building or well under Section
If any person who is required by the provisions of this Act or by any notice or other proceedings issued under this Act to furnish any information -
(a) internationally omits to furnish it; or
(b) knowingly furnishes false information,
such person shall be punishable with a fine which may extend to one hundred rupees.
(1) The State Government may make rules to carry out all or any of the purposes of this Act and prescribed forms for any proceeding for which they consider that a form should be provided.
(2) In particular and without prejudice to the generality of the foregoing power, they shall have power to make rules -
(i) with reference to all matters expressly required or allowed by this Act to be prescribed;
(ii) with reference to all matter not expressly provided for in this Act, which relate to elections of 1[Chairperson, Vice-Chairperson] 2[* * *] or Councillors including deposits to be made by candidates standing for election as Councillors and the conditions under which such deposits may be forfeited and generally determining the mode and time of election of Councillors and members of Committees,
The 1[Municipality] may make regulations or bye-laws not inconsistent with this Act 2[or the rules made thereunder] or with any other law to provide-
(1) for all matters expressly required or allowed by this Act to be provided for by regulations or bye-laws;
(2) for the due performance by all Municipal Officers and servants of the duties assigned to them;
(3) to this regulation of the time and mode of collecting the taxes under this Act;
(4) for determining the conditions under which lands shall be deemed to be appurtenant to buildings;
(5)(a) for the use of public tanks, wells, conduits and other places or works for water-supply;
(b) for the regulation of
In marking bye-law or regulations, the Municipal Council may provide that a breach thereof shall be punishable -
(a) with fine which may extend to fifty rupees and in case of continuing breach, with fine which may extend to fifteen rupees for everyday during which the breach continues after conviction for the first breach; or
(b) with fine which may extend to ten rupees for everyday during which the breach continue after receipt of notice from the 2[Chairperson] or Executive Officer of a 2[Municipality] to discontinue such breach.
2. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
No regulation or bye-law or cancellation or alteration of a regulation or bye-law made by a 1[Municipality] shall have effect until the same has been approved and confirmed by the State Government.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
Prosecution under this Act for breach of any provisions of the Act, rules, regulations or bye-laws may be instituted by the Executive Officer or any person authorised by him in this behalf.
The State Government before making any rules under Sub-section (2) of Section 81 and Section 387 and a 1[Municipality], before making any regulation or bye-laws under Section 388, shall publish, in such manner as the State Government deem sufficient for giving information to person interested, the proposed rules or regulations or bye-laws together with a notice specifying a date on or after which the same will be taken into consideration; and shall before making such rules or regulations or bye-laws, receive and consider any objection or suggestion which may be made by any person with respect to the same before the date so specified.
Every such rule or regulation or bye-law shall be published in the Gazette in English and in Oriya and such publication shall be evidence that the rule or regulation or bye-law has been made as required by this section.
1. Substituted vide Orissa A
(1) Every 1[Municipality] shall submit to the State Government a consolidated report on the administration of the 1[Municipality].
(2) The report shall relate to the financial year and shall be submitted as soon as may be after the first day of April following such year and not later than such date as may be fixed by the State Government. It shall be in such form and shall contain such details as the State Government may direct.
(3) The report which each 1[Municipality] has to submit shall be prepared by its 1[Chairperson] the 1[Municipality] shall consider the report and submit it to authority concerned with its resolutions thereon, if any.
(4) The report and resolution thereon, if any, shall be published in such manner as the State Government may direct.
1. Substituted vide Orissa Act
(1) The State Government may appoint an officer to be the Director of Municipal Administration for the State who shall perform such functions and exercise such powers as are delegated under Section 408 or conferred by this Act or the rules made thereunder.
(2) The State Government may also appoint such number of Deputy Director as they deem fit for assisting the Director and they shall be subject to the direction and control of the Director.
(3) The Deputy Directors so appointed shall exercise such powers, perform such functions and shall have such local jurisdiction as may be assigned by the State Government.]
2. Inserted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.
(1) It shall be the duty of the State Government and such officer of authorities as they may authorise to see that the proceedings of 1[Municipality] are in conformity with law and rules in force thereunder.
(2) The State Government may appoint such officers as may be required for the purpose of inspecting or superintending the operation of all or any of the 1[Municipality], established under this Act.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
The Magistrate of the district or any officer or person, whom the State Government may empower in this behalf, may at all times enter on and inspect or cause to be entered on and inspected -
(a) any immovable property, or any work in progress, under the control of the 1[Municipality] or 1[Chairperson];
(b) any school, hospital, dispensary, vaccination station, choultry, sarai, dharmasalas or other institution maintained by or under the control of any 1[Municipality] and any records, registers or other documents kept in such institution; and
(c) the office of any 1[Municipality] and any records, registers or other documents kept therein.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
The 1[Municipality] and its 1[Chairperson], officers and servants shall be bound to afford to the officers and persons, referred to in Section 394 and 395, such accesses at all reasonable times, to 1[Municipalities] property or premises and to all documents as may, in the opinion of such officers or persons subject to the prescribed rules, be necessary to enable them to discharge their duties under the said sections.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
The Magistrate of the district or any officer or person whom the State Government may empower in this behalf may -
(a) call for any record, register, or other documents in the possession or under the control of any 1[Municipality] or the Executive Officer;
(b) require any 1[Municipality] or 1[Chairperson] to furnish any return, plan, estimate, statement, account or statistics;
(c) require any 1[Municipality] or 1[Chairperson] to furnish any information or report on any matter connected, with such 1[Municipality]; and
(d) record in writing for the consideration of any 1[Municipality] or 1[Chairperson] any observation they or he may think proper in regard to its or his proceedings or duties.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5
The State Government may by order in writing -
(i) suspend or cancel any resolution of the 1[Municipality] passed, order issued or licence or permission granted; or
(ii) prohibit the doing of any act which is about to be done or is being done, in pursuance of or under colour of this Act, if in their opinion -
(a) such resolution, order, licence, permission or act, has not been legally passed, issued, granted or authorised; or
(b) such resolution, order, licence, permission or Act, is in excess of the powers conferred by this Act or any other law; or
(c) the execution of such resolution or order, the continue in force of such licence or permission of the doing of such act is likely to cause danger to human
(1) In cases of emergency the Magistrate of the district may direct to provide for the execution of any work or the doing of any act which a 4[Municipality], 4[Chairperson] or Executive Officer is empowered to execute or do, and the immediate execution or doing of which is in his opinion necessary for the safety 5[or in the interest] of the public and may direct that the expense of executing such work or doing such act shall be paid by the 4[Municipality].
(2) If the expense is not so paid, he may make an order directing the person having the custody of the Municipality Fund. Such person to pay any priority to any other charge against such fund such person shall, so far as the funds to the credit of the 1[Municipality] admit, be bound to comply with such order.
(3) Every case in which the powers concerned by this section are exercised s
(1) If at any time it appears to the Government that a 1[Municipality] or its 1[Chairperson] or the Executive Officer has made default in performing any duty imposed by or under this or any other Act, may, by order in writing, fix a period for the performance of such duty.
(2) If such duty is not performed within the period so fixed, the State Government may appoint some person to perform it and may direct that the expense of performing it, shall be paid from the Municipal Fund, as the case may be, within such time as they may fix, to such person by the 1[Municipality].
(3) If expenses which the State Government have directed under Sub-section (2) to be paid from the Municipal Fund are not so paid, the Magistrate of the district, with the previous sanction of the State Government, may make an order directing the person having the custo
(1) If in the opinion of the State Government a Municipality is incompetent to perform or persistently makes default in performing the duties imposed on it by law or exceeds or abuses it powers, they may, by notification published in the prescribed manner, direct that the Municipality be dissolved.
(2) Before publishing a notification under Sub-section (1), the State Government shall 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 the explanations and objections, if any, of the Municipality.
2[(3) On and with effect from the date of publication of such notification, all the Councillors including the Chairperson and Vice-Chairperson of the Municipality shall be deemed to have vacated their office as such and the elect
3[* * *]
3. Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
When a 1[Municipality] is dissolved under Section 40 3[* * *] the State Government until the date of the reconstitution thereof and the reconstituted 1[Municipality] thereafter, shall be entitled to all the assets and be subject to all the liabilities of the 2[Municipality] as on the date of dissolution 1[* * *] and on the date of the reconstitution respectively.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
3. Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
1. Omitted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
2. Substituted ibid.
When the Magistrate of the district or person appointed by the State Government lawfully takes action on behalf or in default of a 2[Municipality] under this Act, he shall have all such powers as are necessary for the purpose and shall be entitled to the same protection under this Act as the 2[Municipality] or its officers or servants whose power he is exercising and compensation shall recoverable from the Municipal Fund by any person suffering damage from the exercise of such powers to the same extent as if the action has been taken by such 2[Municipality] or its officers or servants.
2. Substituted ibid.
(1) It shall be lawful for the State Government to appoint an officer to Inspector of local works in respect of a 2[Municipal area].
(2) It shall be the duty of the Inspector of local works to inspect and advise with regard to all public works and construction or repair vested in or in charge of the 2[Municipal area].
(3) Inspector of local works shall also perform such duties and exercise such powers as may be assigned to him by the prescribed rules.
(4) The Inspector of local works may at all times enter upon, or cause to entered upon, any immovable property belonging to any 2[Municipal area] or any work progress under its direction and may require it to furnish such statement, estimates and reports as he thinks fit. A report of every inspection, shall be prepared, and a copy thereof, for
If any dispute for the decision of which this Act does not otherwise provide, arises between two or more local authorities or between a local authority or authorities and Municipal authority or authorities the matter shall be referred to the State Government and decision of the State Government upon the matter so referred shall be final and binding.
(1) When a dispute exists between a 2[Municipality] and one or more other local authorities in regard to any matter arising under the provisions of this or any other Act and the State Government are of opinion that the local authorities concerned are unable to settle it amicably among themselves, the State Government may take cognizance of the disputes; and
(a) decide it themselves; or
(b) refer it for inquiry and report to an Arbitrator or to a joint Committee constituted under Section 61 for the purpose.
(2) The report referred to in Clause (b), Sub-section (1) shall be submitted to the State Government who shall decide the dispute in such manner as they deem fit.
(3) The decision of the State Government under Clause (a) of Sub-section (1) or und
The State Government may by notification authorise any person or authority to exercise in regard to any 1[Municipality] any one or more of the powers vested in them by this Act, except the power to make rules or alter Schedules, the power to determine contributions payable and the power to sanction prosecution under Section 376 and may in the like manner withdraw such authority.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
If the circumstances of any 1[Municipality] are such that in the opinion of the State Government any of the provisions of this Act are unsuited thereto, the State Government may by notification except the 1[Municipality] or any part of it from the operation of those provisions; and thereupon the said provisions shall not apply to the 1[Municipality] until applied thereto by notification.
(2) When such exceptions as aforesaid remains in force the State Government may make rules in respect of matters excepted from the operations of the provisions.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
Where specific provision is made in any section of this Act for its being extended by the State Government to any 1[Municipality], the State Government may at any time by order withdraw any section they may thus have extended from operation in such 1[Municipality] and such section shall cease to have effect in the said 1[Municipality] from the date of such order.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
It shall be lawful or a 1[Municipality] to take such measures as it thinks fit for the relief of famine or serious distress within its area, and for that purpose to -
(1) open and maintain such relief work as may be necessary;
(2) open and maintain such temporary hospitals, power houses, orphanages and place for the gratuitous distribution of food as may be necessary;
(3) distribute such gratuitous relief in the form of doles of money or food as may be necessary.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
Subject to such rules and restrictions as the State Government from time to time may make under this Act to -
(1) establish and maintain at such places within its area as it thinks fit, Dak-bungalows and saris for the use of travellers and such fees for the use of such bunglows and sarais as it thinks fit;
(2) offer rewards for the destruction of noxious animals and of monkeys within its area;
(3) establish and maintain fire-brigades;
(4) hold within its area from time to time, fairs exhibitions of cattle, country produce and agricultural implements of local manufactures and incur such expenditure and charge such fees in connection therewith as it thinks fit; and
(5) undertake and carry out and other loca
(1) A 1[Municipality] may either singly or in combination with any other local authority or any Joint Stock Company -
(a) with the previous sanction of the State Government construct or maintain or assist the construction or maintenance of a tram-way or rope-way, motor omnibus or other transport service, within or partly within and partly without the Municipality, subject in the case of tram-way to the provisions of any law for the time being in force relating to the construction and maintenance of tram-ways;
(b) subscribe to any debenture loans raised by the Central or the State Government or by any local authority or by any Company as defined in the Indian Companies Act, 1913, (Act VII of 1913) for such construction or maintenance which in the opinion of the 1[Municipality] as likely to be of benefit to the Municipal area;
&n
(1) The Executive Officer or the Health Officer or any person authorised by him in that behalf may at all reasonable times enter into and inspect any market, building, shop, stall or place used for the sale or storage of articles intended for human consumption or as a slaughter house and inspect and examine any article of food or drink or any animal which may be therein.
(2) If in the course of the inspection of place under Sub-section (1), an article of food or an animal appears to be intended for human consumption and to be unfit therefore, the Executive Officer or the Health Officer or any person authorised by him in that behalf, may produce it before a Magistrate or if he is Executive Officer, the Health Officer himself, may cause, it to be destroyed or to be so disposed of as to prevent its being exposed for sale or used for such consumption.
Where any animal or article or brought before a Magistrate under Sub-section (2) of Section 414, such Magistrate, if he is satisfied on the evident that the article or animal was intended for human consumption and is unfit therefor, may order the article or animal to be destroyed or to be so disposed of as to prevent it being exposed for sale or used for human consumption and may direct that the owners or persons in possession of such article or animal, not being merely a carried or bailee thereof, shall be punishable with fine which may extend to one hundred rupees.
It shall be lawful of the 1[Municipality] from time to time to undertake on behalf of the Government concerned and on such conditions as may be agreed upon, construction repair and maintenance of any public buildings or other work is the property of the Government :
Provided that the cost of such construction, repair or maintenance shall be defrayed by the Government concerned.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
(1) It shall be the duty of the engineer to prepare all plans, designs, specification and estimate which the 1[Municipality] may require to carry out such works as it may direct and to conform generally to the rules made by the State Government under Section 387 and all regulations that may be made by the 1[Municipality] under Section 388.
(2) All plans of buildings and water-supplies shall be scrutinised by the Health Officer who shall set that the sanitary requirements of such buildings or works have been complied with.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
All 1[Municipal areas] constituted, Councillors or Commissioners, 1[Chairperson and Vice-Chairperson] appointed or elected Committee established, limits defined, appointments, rules, orders and bye-laws made, licences granted, notifications and notices issued, taxes and rates imposed and proceedings taken under any of the enactments repealed shall, so far as may be, deemed to have been respectively constituted, appointed, elected, established, defined, made, granted, issued, impose and taken under the corresponding provisions of this Act.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
All property, all rights of whatever kind used, enjoyed, possessed by, and all interests of whatever kind owned by or vested in or held in trust by or for a 1[Municipality] constituted under the Madras District Municipality Act 1920 (Madras Act V of 1920), a Municipality constituted under the Bihar and Orissa Municipal Act, 1922, (B. and O. Act VIII of 1992) as well as all liabilities legally subsisting against the said 1[Municipalities] or 1[Municipal areas] shall pass to the 1[Municipality] concerned or constituted under this Act.
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
All rates, taxes, payments by way of composition for a rate, tax or due for expenses of compensation or otherwise, all arrears thereof and all sums of money otherwise due to the Municipality, at the commencement of this Act, may be recovered as though they had accrued under this Act.
Notwithstanding anything contained in Chapter IV of this Act, it shall be lawful for the State Government to direct that the term of office of the 1[Chairperson, Vice-Chairperson] or Councillors, holding offices under the Madras District Municipalities Act, 1920 (Madras Act 5 of 1920) or the 1[Chairperson, Vice-Chairperson] or the Commissioner holding office under the Bihar and Orissa Municipal Act, B. and O. Act 7 of 1922, shall expire on such date or dates not later than one year after the commencement of this Act, as the State Government shall determine, and the State Government shall make appointments and cause a register of voter of voters to be prepared by the Magistrate of the district, and arrangement for election to be made under this Act, so that the newly elected Councillors of the 1[Municipality] may come into office on the date fixed for the retirement of the former Councillors or Commissioners, as the case may b
At any time within one year after the commencement of this Act, the State Government, or the Magistrate of the district, with the previous sanction of the State Government, may take such action consistent so far as may be with the provisions of this Act, as may in the opinion of the State Government be necessary for the purpose of newly constituting a 1[Municipality] or bringing the provisions of this Act into force for the first time.
1[(1) Notwithstanding anything contained in this act, when any area is specified as a transitional area, smaller urban area or larger urban area as referred to in Sub-section (2) of Section 4, for the first time, until a Municipality is constituted for that area in accordance with the provisions of this Act a person appointed by the State Government as Administrator shall exercise the powers, discharge the duties and perform the functions of Municipality for that area including that of its Chairperson.
(2) The Administrator appointed under Sub-section (1) may, if the State Government so direct, receive such payment for his services from the Municipal Fund, that may be constituted for such Municipality, as may be determined by the Government.]
1. Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.
(1) Notwithstanding anything contained in this Act, shall be lawful for the State Government by notification to direct -
(i) that all the Commissioners of Municipalities who are salaried servants of Government nominated to the 1[Municipality] under the Bihar and Orissa Municipal Act, B. and O. Act 7 of 1922 or any other Act or regulation for the time being in force, shall cease to hold office from the date on which this Act comes into force.
(ii) that the term for which such Councillor would have held office, if this Act and not been enforced, the remaining Councillors of the 1[Municipality] shall be deemed to have been duly elected under this Act and that the 1[Municipality] shall consist of such number of Councillors and no more; and
(iii) that the 1[Chairperson] or 1[Vice-Chairperson] of th
If any difficulty arises giving effect to the provisions of this Act, the State Government may by order as occasion may require, do anything which appears to them to be necessary to remove the difficulty.
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