EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 1739, CUTTACK, TUESDAY, SEPTEMBER 18, 2018/ BHADRA 27, 1940

SECRETARIAT

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

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:―

(1) This Act may be called the Odisha Municipal Corporation

(Amendment) Act, 2018.

(2) It shall come into force from the date of its publication in the Odisha

Gazette.

Short title and

commencement.

2. In the Odisha Municipal Corporation Act, 2003 (hereinafter referred

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

and bracket “clause (a) of sub-section (2)”, the words, figure, letter and bracket

“sub-section (2-a)” shall be substituted.

4. In the principal Act, in 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.”;

(a) of sub-section (2) of this section”, the words, figure, letter and bracket

“sub-section (2-a) of this section” shall be substituted;

Amendment

of section 6.

Amendment

of section 8.

Amendment

of section 14.

Odisha Act

11 of 2003.

(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.

5. In the principal Act, in section 54, the words “Mayor or” shall be omitted.

6. In the principal Act, in section 60, after sub-section (1), the following sub-

section shall be inserted, namely:―

“(1-a) a Mayor shall be elected directly by all the electors of the

Corporation area.”.

7. In the principal Act, in section 64, for the words “to elect Corporators”, the

words “to elect a Mayor and the Corporators” shall be substituted.

8. In the principal Act, in section 67, in sub-section (1), in the opening portion, for

the words “as a Corporator”, the words “as a Mayor or as a Corporator” shall be

substituted.

9. In the principal Act, in 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;”.

10. In the principal Act, in section 71,―

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

“Mayor and” shall be inserted; and

Amendment

of section 54.

Amendment of

section 60.

Amendment

of section 64.

Amendment

of section 67.

Amendment

of section 70.

Amendment of

section 71.

(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.

11. In the principal Act, in 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.

12. In the principal Act, in 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

or the Corporator” shall be substituted.

13. In the principal Act, in section 74, in the opening line, for the word “

Corporators”, the words “a Mayor or Corporators” shall be substituted.

14. In the principal Act, in section 75, in sub-section (1), for the words “as a

Corporator”, the words “as a Mayor or as a Corporator” shall be substituted.

15. In the principal Act, for section 77, the following section shall be substituted,

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.

Amendment of

section 72.

Amendment

of section 73.

Amendment

of section 74.

Amendment

of section 75.

Amendment

of section 77.

(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

words “the Corporator”, the words “the Mayor or the Corporator” shall be

substituted.

17. In the principal Act, in section 82, in sub-section (4), for the words “of a

Corporator”, the words “of a Mayor or Corporator” shall be substituted.

18. In the principal Act, section 84 shall be renumbered as sub-section (1)

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.”.

19. In the principal Act, in section 88, in sub-section (1), in the opening line, for

the words “a Corporator”, the words “a Mayor or a Corporator” shall be

substituted.

20. In the principal Act, in section 89, in sub-section (1), in clause (a), for the

words “as a Corporator”, the words “as a Mayor or Corporator” shall be

substituted.

21. In the principal Act, in section 104, for the words “the office of Corporator”,

the words “the office of Mayor or Corporator” shall be substituted.

22. In the principal Act, in section 112A, ―

(a) in sub-section (1),―

Amendment

of section 79.

Amendment of

section 82.

Amendment

of section 84.

Amendment

of section 88.

Amendment

of section 89.

Amendment of

section 104.

Amendment of

section 112A.

(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;

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

and comma “in an election of its Mayor, Deputy Mayor”, the words “in an election of

its Deputy Mayor” shall be substituted.

24. In the principal Act, in 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.

25. In the principal Act, in section 112D, in sub-section (1), ―

(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.

Amendment of

section 112B.

Amendment of

section 112C.

Amendment of

section 112D.

STATEMENT 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