EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 1739, CUTTACK, TUESDAY, SEPTEMBER 18, 2018/ BHADRA 2 7, 1940
SECRETARIAT
OF
THE ODISHA LEGISLATIVE ASSEMBLY
NOTIFICATION
The 18th September, 2018
No.8814/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 CORPORATION (AMENDMENT) BILL, 2018
A
BILL
FURTHER TO AMEND THE ODISHA MUNICIPAL CORPORATION ACT, 2003.
BE it enacted by the Legislature of the State of Odisha in the Sixty-ninth Year of the Republic of India as follows:―
Short title and 1. (1) This Act may be called the Odisha Municipal Corporation commencement.
(Amendment) Act, 2018.
(2) It shall come into force from the date of its publication in the Odisha Gazette.
2Odisha Act 2. In the Odisha Municipal Corporation Act, 2003 (hereinafter referred
11 of 2003.
Amendment of section 6.
to as the principal Act), in section 6,―
(i) in the opening portion, for the words, comma and colon ,hyphen "The Corporation shall consist of the following Corporators, namely:―", the words, comma and hyphen "The Corporation shall consist of, ―" shall be substituted; and
(ii) for clause (a), except the table, the following clause shall be substituted, namely:―
"(a) an elected Mayor and such number of elected Corporators as are specified in the table below :― ".
3. In the principal Act, in section 8, in sub-section (1), for the words, letter, figure Amendment
of section 8.
and bracket "clause (a) of sub-section (2)", the words, figure, letter and bracket "sub-section (2-a)" shall be substituted.
Amendment 4. In the principal Act, in section 14, ―
of section 14.
(a) for sub-section (2) excluding the proviso thereto, the following sub- sections shall be substituted, namely:―
"(2) A Mayor of the Corporation shall be directly elected by the electors of the Corporation area.
(2-a) The Deputy Mayor of the Corporation shall be elected by the Corporators from among themselves at the first meeting of the Corporation which shall be convened by the Director, Municipal Administration under sub-section (8);
(b) for sub-section (6), the following sub-section shall be substituted, namely:―
"(6) If at an election, no Mayor is elected under sub-section (2) or no Deputy Mayor is elected under sub- section (2-a), a fresh election shall be held within thirty days from the date of its first election.";
(c) in sub-section (7), for the words, letter, figure and bracket "clause (a) of sub-section (2) of this section", the words, figure, letter and bracket "sub-section (2-a) of this section" shall be substituted;
3(d) after sub-section (8), the following sub-section shall be inserted, namely:―
"(8-a) If any casual vacancy occurs in the office of the Mayor, it shall be filled up by election, as soon as may be, after occurrence of such vacancy, in the prescribed manner.";
(e) in sub-section (9), the words "Mayor or", wherever they occur, shall be omitted; and
(f) in sub-section (11), the words "Mayor or" shall be omitted.
Amendment
5. In the principal Act, in section 54, the words "Mayor or" shall be omitted.
of section 54.
Amendment of 6. In the principal Act, in section 60, after sub-section (1), the following sub- section 60.
section shall be inserted, namely:―
"(1-a) a Mayor shall be elected directly by all the electors of the Corporation area.".
Amendment 7. In the principal Act, in section 64, for the words "to elect Corporators", the of section 64.
words "to elect a Mayor and the Corporators" shall be substituted.
Amendment 8. In the principal Act, in section 67, in sub-section (1), in the opening portion, for of section 67.
the words "as a Corporator", the words "as a Mayor or as a Corporator" shall be substituted.
Amendment 9. In the principal Act, in section 70,―
of section 70.
(a) for the word "Corporator" wherever it occurs, the words, "Mayor or as a Corporator" shall be substituted; and
(b) in sub-section (3), for clause (b), the following clause shall be substituted, namely:―
"(b) has been adjudged by a competent court to be of unsound mind;".
Amendment of 10. In the principal Act, in section 71,―
section 71.
(a) in the marginal heading, before the word "Corporator", the words "Mayor and" shall be inserted; and4 (b) in sub-section (1),―
(i) in the opening portion, for the word "Corporator", the words "Mayor or a Corporator" shall be substituted; and
(ii) in clause (a), for the words "a Corporator", the words "a Mayor or a Corporator" shall be substituted.
Amendment of 11. In the principal Act, in section 72, ―
section 72.
(a) in sub-section (1),―
(i) in the opening line, for the words "Every elected Corporator", the words "Every elected Mayor and the Corporator" shall be substituted;
and
(ii) in the second para, for the words "as a Corporator", the words "as a Mayor/Corporator" shall be substituted; and
(b) in sub-section (2), in the opening line, for the words "as a Corporator", the words "as a Mayor or as a Corporator" shall be substituted.
Amendment 12. In the principal Act, in section 73,―
of section 73.
(a) in the marginal heading, before the word "Corporators" the words "Mayor and" shall be inserted;
(b) in sub-section (1), for the word "Corporator" wherever it occurs, except the fourth time, the words "Mayor or Corporator" shall be substituted; and (c) in sub-section (3), for the words "the Corperator", the words "the Mayor or the Corporator" shall be substituted.
13. In the principal Act, in section 74, in the opening line, for the word " Amendment of section 74.
Corporators", the words "a Mayor or Corporators" shall be substituted.
Amendment 14. In the principal Act, in section 75, in sub-section (1), for the words "as a of section 75.
Corporator", the words "as a Mayor or as a Corporator" shall be substituted.
Amendment 15. In the principal Act, for section 77, the following section shall be substituted, of section 77.
namely: ―
"77.(1) If in a Corporation, only one candidate has filed nomination for Mayor and the same is found to be valid unless withdrawn, such candidate shall be declared to be duly elected.
5(2) If in a ward, only one candidate has filed nomination for Corporator
and the same is found to be valid unless withdrawn, such candidate shall be
declared to be duly elected for the ward.".
16. In the principal Act, in section 79, in sub-section (1), in clause (f), for the Amendment
of section 79.
words "the Corporator", the words "the Mayor or the Corporator" shall be
substituted.
Amendment of 17. In the principal Act, in section 82, in sub-section (4), for the words "of a section 82.
Corporator", the words "of a Mayor or Corporator" shall be substituted.
Amendment 18. In the principal Act, section 84 shall be renumbered as sub-section (1) of section 84.
thereof and after sub-section (1) as so renumbered, the following sub-section
shall be inserted, namely :―
"(2) If there is no valid nomination of candidate for election as a Mayor
from a Corporation area or if a nominated candidate dies on or before the
date of election, or if the electors of a Corporation area fail to elect a
Mayor, the vacancy in the office of Mayor from such Corporation shall be
deemed to be a casual vacancy which shall be filled up by election and the
provision of this Act and the rules made thereunder shall apply, as far as it
may be, in relation to the election of a Mayor to fill such vacancy.".
Amendment 19. In the principal Act, in section 88, in sub-section (1), in the opening line, for of section 88.
the words "a Corporator", the words "a Mayor or a Corporator" shall be
substituted.
Amendment 20. In the principal Act, in section 89, in sub-section (1), in clause (a), for the of section 89.
words "as a Corporator", the words "as a Mayor or Corporator" shall be
substituted.
Amendment of 21. In the principal Act, in section 104, for the words "the office of Corporator", section 104.
the words "the office of Mayor or Corporator" shall be substituted.
Amendment of 22. In the principal Act, in section 112A, ―
section 112A.
(a) in sub-section (1),―6 (i) in the opening portion, for the word "Corporator", wherever it occurs, the words "a Mayor or Corporator" shall be substituted;
(ii) in clause (b),―
(A) in the opening line, for the words "if he", the words "if the Corporator" shall be substituted;
(B) for the words and comma "in an election of its Mayor, Deputy Mayor", the words "in an election of its Deputy Mayor" shall be substituted;
(C) in the Explanation, for the word "Corporator", wherever it occurs, the words "a Mayor or Corporator" shall be substituted;
and
(b) in sub-sections (2) and (3), for the word "Corporator",
wherever it occurs, the words "Mayor or Corporator"
shall be substituted.
23. In the principal Act, in section 112B, in clause (a), in item (ii), for the words Amendment of section 112B.
and comma "in an election of its Mayor, Deputy Mayor", the words "in an election of its Deputy Mayor" shall be substituted.
Amendment of
24. In the principal Act, in section 112C, ―
section 112C.
(a) in sub-section (1), in the opening line, for the word "Corporator", the words "Mayor or a Corporator" shall be substituted; and (b) in sub-section (2), for the word "Corporator", the words "Mayor or a Corporator" shall be substituted.
Amendment of 25. In the principal Act, in section 112D, in sub-section (1), ―
section 112D.
(a) in the opening portion, for the word "Corporator", wherever it occurs, the words "Mayor or Corporator" shall be substituted; and
(b) in clause (a), for the word "Corporator", the words "Mayor or the Corporator" shall be substituted.
7STATEMENT OF OBJECTS AND REASONS
With a view to enhance the stature of the Mayor of the Municipal Corporation 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 Corporation Act, 2003 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 Municipal Corporations and accordingly, it is decided to suitably amend the Odisha Municipal Corporation Act, 2003 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. 1216-173+12