EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 1738, CUTTACK, TUESDAY, SEPTEMBER 18, 2018/ BHADRA 27, 1940

SECRETARIAT

THE ODISHA LEGISLATIVE ASSEMBLY

NOTIFICATION

The 18th September, 2018

No.8812/L.A.—The following Bill which has been introduced in the Odisha

Legislative Assembly on the 17th September, 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 (AMENDMENT) BILL, 2018

BILL

FURTHER TO AMEND 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:―

1.(1) This Act may be called the Odisha Municipal (Amendment) Act, 2018.

(2) It shall come into force from the date of its publication in the Official Gazette.

Short title and

commencement.

2. In the Odisha Municipal Act, 1950 (hereinafter referred to as the principal

Act), in section 8, ―

(i) in the opening portion, for the words, comma and colon-hyphen “Every

Municipality shall be composed of the following Councillors, namely:―”,

the words and hyphen “Every Municipality shall be composed of―” shall

be substituted;

(ii) for clause (a), the following clauses shall be substituted, namely:―

“(a) a Chairperson directly elected by the electors of the

Municipal area;

(a-1) one Councillor elected directly from every ward within the

Municipal area;”.

3. In the principal Act, in section 10, ―

(a) in the marginal heading, before the word “Councillors”, the words

“Chairperson and” shall be inserted;

(b) in sub-section (1), in the opening line, for the words, letter, bracket and

figure “The election of Councillors specified in clause (a) of section 8 shall

be held in the prescribed manner”, the words, letter, figure and bracket “The

election to the office of the Chairperson and Councillors, respectively,

specified in clauses (a) and (a-1) of section 8 shall be held in the prescribed

manner” shall be substituted; and

Chairperson and Councillors” shall be substituted.

4. In the principal Act, in section 12, ―

(a) in the marginal heading, before the word “Councillors”, the words

“Chairperson and” shall be inserted;

(b) in sub-section (1), ―

(i) in the opening line, for the words, letter, bracket and figure “the

Councillors specified in clause (a) of section 8”, the words, letter, bracket

Amendment

of section 8.

Odisha Act

23 of 1950.

Amendment

of section 10.

Amendment

of section 12.

and figure “the Chairperson and the Councillors, respectively, specified in

clauses (a) and (a-1) of section 8” shall be substituted;

(ii) in clause (b), for the words, letter, brackets and figure “in clause (a) of

sub-section (2) of section 47”, the words and figure and bracket “sub-

section (2) of section 47” shall be substituted;

Chairperson and Councillors” shall be substituted;

(d) in sub-section (3), in the opening line, for the words “For the purpose of

election of Councillors”, the words “For the purpose of election of Chairperson

and Councillors” shall be substituted; and

(e) after sub-section (4), the following sub-section shall be inserted, namely:―

“(4-a) All the electors of a Municipality, irrespective of their community

shall be entitled to vote at an election in respect of the Chairperson of that

Municipality.”.

5. In the principal Act, in section 14, before sub-section (2), the following sub-

section shall be inserted, namely: ―

“(1) No person who is not for the time being in the electoral roll of a

Municipality, shall be entitled to vote at an election for the office of the

Chairperson of that Municipality.”.

6. In the principal Act, in section 16, ―

(a) in sub-section (1),―

(i) in the opening portion, for the words “as a Councillor of a Municipality”,

the words “as the Chairperson or a Councillor of a Municipality” shall be

substituted; and

(ii) for clause (iv), the following clause shall be substituted, namely:―

“(iv) has been adjudged by a competent court to be of unsound mind;”; and

Amendment

of section 14.

Amendment

of section 16.

(b) in sub-section (2),―

(i) for the words “a Councillor”, the words “a Chairperson or a Councillor”

shall be substituted; and

(ii) for the words “his Councillorship”, the words and comma “his

Chairpersonship or Councillorship, as the case may be,” shall be

substituted.

7. In the principal Act, in section 17, ―

(a) in the marginal heading, before the word “Councillor”, the words

“Chairperson and” shall be inserted;

(b) in sub-section (1),―

(i) in the opening portion, after the word and figure “section 38”, the words “a

Chairperson or” shall be inserted; and

(ii) for clause (b), the following clause shall be substituted, namely:―

“(b) has been adjudged by a competent court to be of unsound mind;”; and

words “A Chairperson or a Councillor” shall be substituted.

8. In the principal Act, in section 17-A, in sub-section (1), for the words “as a

Councillor”, the words “as a Chairperson or as a Councillor” shall be substituted.

9. In the principal Act, in section 18, ―

(a) in the opening line of sub-section (1), before the words “as a Councillor”,

the words “as a Chairperson or” shall be inserted; and

(b) in the opening line of sub-section (2), before the words “as a Councillor”,

the words “as a Chairperson or” shall be inserted.

10. In the principal Act, in section 27, ―

(a) in the marginal heading, before the words “a Councillor”, the words “a

Chairperson or” shall be inserted; and

Amendment

of section 17.

Amendment of

section 17-A.

Amendment

of section 18.

Amendment

of section 27.

(b) in the opening line, before the words “a Councillor”, the words “a

Chairperson or” shall be inserted.

11. In the principal Act, in section 29, before the words “a Councillor”, the words

“the Chairperson or” shall be inserted.

12. In the principal Act, in section 37, before the words “a Councillor”, wherever

they occur, the words “a Chairperson or” shall be inserted.

13. In the principal Act, in section 38, ―

(a) in the marginal heading, before the word “Councillors”, the words

“Chairperson and” shall be inserted;

(b) in sub-section (1), before the word “Councillor”, wherever it occurs, except

fourth time, the words “Chairperson or” shall be inserted; and

“the Chairperson or the Councillor, as the case may be,” shall be substituted.

14. In the principal Act, in section 38-A, ―

(a) in the marginal heading, before the word “Councillor”, the words

“Chairperson or” shall be inserted; and

(b) before the word “Councillor”, wherever it occurs, the words “Chairperson

or” shall be inserted.

15. In the principal Act, for section 39, the following section shall be substituted,

namely:―

“39. The names of the Chairperson and of the Councillors of every Municipality

including its Vice-Chairperson shall be published in the Gazette.”.

16. In the principal Act, in section 41, ―

(a) in the marginal heading, before the word “Councillors”, the words

“Chairperson and” shall be inserted; and

Amendment

of section 29.

Amendment

of section 37.

Amendment

of section 38.

Amendment of

section 38-A.

Amendment

of section 41.

Amendment

of section 39.

(b) in sub-section(1),―

(i) in clause (i), in the opening line, before the words “a Councillor”, the

words “a Chairperson or” shall be inserted; and the words, letter and

bracket “clause (a) of” shall be omitted; and

(ii) in clause (ii), before the word “Councillor”, wherever it occurs, the

words “Chairperson or” shall be inserted; and

shall be inserted.

17. In the principal Act, in section 43, the words “Chairperson or” shall be omitted.

18. In the principal Act, in section 46A, ―

(a) in sub-section (1),―

(i) in the opening portion, for the word “ Councillor”, wherever it occurs, the

words “ Chairperson or Councillor” shall be substituted; and

(ii) in clause (b),―

(A) in the opening line, for the words “if he”, the words “if the Councillor”

shall be substituted;

(B) for the words and comma “in an election of its Chairperson, Vice-

Chairperson”, the words “in an election of its Vice-Chairperson” shall be

substituted;

words “Chairperson or Councillor” shall be substituted; and

(b) in sub-sections (2) and (3), for the word “Councillor”, wherever it occurs,

the words “Chairperson or Councillor”, shall be substituted.

19. In the principal Act, in section 46B, in clause (a), in item (ii), for the words and

comma “in an election of its Chairperson, Vice-Chairperson”, the words “in an

election of its Vice-Chairperson” shall be substituted.

Amendment

of section 43.

Amendment of

section 46B.

Amendment of

section 46A.

20. In the principal Act, in section 46C, ―

(a) in sub-section (1), in the opening line, for the word “Councillor”, the words

“Chairperson or a Councillor”, shall be substituted; and

(b) in sub-section (2), for the word “Councillor”, the words “Chairperson or a

Councillor” shall be substituted.

21. In the principal Act, in section 46D, in sub-section (1), ―

(a) in the opening portion, for the word “Councillor”, wherever it occurs, the

words “Chairperson or Councillor”, shall be substituted; and

(b) in clause (a), for the word “Councillor”, the words “Chairperson or the

Councillor” shall be substituted.

22. In the principal Act, in section 47, ―

(a) for sub-section (1), the following sub-section shall be substituted, namely:―

“(1) Every Municipality shall have a Chairperson who shall be elected at a

general election under section 12 by the electors of the Municipality.”; and

(b) for sub-section (2), excluding the proviso thereto, the following sub-section

shall be substituted, namely:―

“(2) Every Municipality shall have a Vice-Chairperson who shall be

elected by the Councillors from among themselves at the first meeting of

the Municipality which shall be convened by the District Magistrate soon

after the publication of the names of the Chairperson and the Councillors

under sub-section (2) of section 10 and such meeting shall be presided over

by the Chairperson and in his absence by an officer not below the rank of

an Additional District Magistrate authorized by the District Magistrate.”;

namely:―

“(6) If at an election, no Chairperson is elected under sub-section (1) or

no Vice-Chairperson is elected under sub-section (2), a fresh election

shall be held within thirty days from the date of its first election.”; and

(d) in sub-section (7), the words, letter and bracket, “clause (a) of” shall be

omitted.

Amendment

of section 47.

Amendment of

section 46C.

Amendment of

section 46D.

STATEMENT OF OBJECTS AND REASONS

With a view to enhance the stature of the Chairperson of the Municipality by giving

popular electoral mandate from the citizens of the entire urban area through introduction of

direct election thereby improving the quality of leadership and governance in the urban

areas, Government have decided that the Odisha Municipal Act, 1950 should be amended

suitably to facilitate such direct election.

Since leprosy is a curable disease, there should not be any discrimination to contest

the election in the Municipalities and accordingly, it is decided to suitably amend the

Odisha Municipal Act, 1950 to enable the persons affected with leprosy to contest the

election.

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

Ex. Gaz. 1215-173+12