EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 439, CUTTACK, THURSDAY, MARCH 22, 2018 / CHAITRA 1, 1940

SECRETARIAT

OF

THE ODISHA LEGISLATIVE ASSEMBLY

NOTIFICATION

The 22nd March, 2018

No.2732/L.A.—The following Bill which has been introduced in the

Odisha Legislative Assembly on the 22nd March, 2018 is herewith published

under Rule 68 of the Rules of Procedure and Conduct of Business in the Odisha

Legislative Assembly for general information.

THE ODISHA MUNICIPAL LAWS (AMENDMENT) BILL, 2018

A

BILL

FURTHER TO AMEND THE ODISHA MUNICIPAL

CORPORATION ACT, 2003 AND THE ODISHA MUNICIPAL ACT, 1950.

BE it enacted by the Legislature of the State of Odisha in the Sixty-

ninth Year of the Republic of India as follows: ―

CHAPTER-I

PRELIMINARY

1. (1) This Act may be called the Odisha Municipal Laws (Amendment)

Act, 2018.

(2) It shall come into force on such date as the State Government

may, by notification, appoint.

Short title and

commencement.

2

CHAPTER-II

AMENDMENT TO THE ODISHA MUNICIPAL CORPORATION ACT, 2003

2. In the Odisha Municipal Corporation Act, 2003, in section 20,

in sub-section (2), for clause (e), the following clause shall be

substituted, namely:―

“(e) the voting at all such meetings shall be made in such manner

as may be prescribed;”.

CHAPTER-III

AMENDMENT TO THE ODISHA MUNICIPAL ACT, 1950

3. In the Odisha Municipal Act, 1950, in section 54, in sub-section

(2), for clause (e), the following clause shall be subsƟtuted, namely: ―

“(e) the voting at all such meetings shall be made in such manner as

may be prescribed;”.

Amendment

of section 20.

Odisha Act

11 of 2003.

Amendment

of section 54.

Odisha Act

23 of 1950.

3

STATEMENT OF OBJECTS AND REASONS

Clause (e) of sub-section (2) of section 54 of the Odisha Municipal Act, 1950 and

clause (e) of sub-section (2) of section 20 of the Odisha Municipal Corporation Act ,2003

provide that voting at all the meeting of no-confidence motion against Chairperson or Vice-

Chairperson in case of a Municipality/NAC and Mayor or Deputy Mayor in case of a

Municipal Corporation shall be by secret ballot.

2. Clause (b) of sub-section (1) of section 46A of the Odisha Municipal Act,1950

and clause(b) of sub- section(1) of section 112A of the Odisha Municipal Corporation

Act,2003 provide the disqualification of a Councillor and a Corporator respectively for

disobeying the instruction issued by the political party to which he belongs . The main aim

of the said provisions is to obey the direction issued by the political party to which the

elected representative belongs, or by any person or authority authorised by such political

party in this behalf. It is essential for a political party to know whether the elected

representative who has won the election with their party symbol is adhering to their ideology

and obeying the instructions in letter and spirit. For the purpose, a detailed procedure is

required to be prescribed for verification of the vote as to whom the elector casts his vote

prior to insertion of the ballot paper inside the ballot box. Violation of instruction of the

political party can be identified and the said proof may be helpful to the State Election

Commission while disposing of the complaint received for disqualification on the ground of

defection.

3. Accordingly, it is considered expedient and proposed to amend suitably both the

clause (e) of sub-section(2) of section 54 of the Odisha Municipal Act,1950 and clause( e)

of sub-section(2) of section 20 of the Odisha Municipal Corporation Act,2003 by

substituting the provisions that the voting at all such meeting shall be made in such

manner as may be prescribed.

The Bill seeks to achieve the above objectives.

(NIRANJAN PUJARI)

Member-in-Charge

A.K. SARANGI

Secretary

Odisha Legislative Assembly

________

Printed and Published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10

OGP/SBP Ex. Gaz. -2146-173+12