EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 1743, CUTTACK, TUESDAY, SEPTEMBER 18, 2018/ BHADRA 27, 1940

SECRETARIAT

THE ODISHA LEGISLATIVE ASSEMBLY

NOTIFICATION

The 18th September, 2018

No.8822/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 BIHAR AND ODISHA PLACES OF PILGRIMAGE (ODISHA REPEAL)

BILL, 2018

BILL

TO REPEAL THE BIHAR AND ODISHA PLACES OF PILGRIMAGE ACT, 1920 IN

ITS APPLICATION TO STATE OF ODISHA.

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 Bihar and Odisha Places of Pilgrimage (Odisha

Repeal) Act, 2018.

Short

title.

2. (1) The Bihar and Odisha Places of Pilgrimage Act, 1920 is hereby repealed.

(2) On such repeal, on and from the date of commencement of this Act, ―

(a) the Committee so appointed prior to such commencement shall stand

dissolved and the members including the President thereof shall be

deemed to have vacated their offices;

(b) all sums credited to the Lodging-house Fund, all assets including all

property movable and immovable and all other rights and interest in or

arising out of such property as were immediately before such

commencement shall stand transferred to and vest absolutely in the

Puri Municipality;

and all matters and things done or to be done pursuant to the

provisions of the Act so repealed before such commencement, shall be

deemed to have been incurred, entered into and done or to be done

by the Puri Municipality;

(d) all suits and other legal proceedings instituted by or against the

Magistrate or any other officers and every person acting under their

control immediately before such commencement may be continued by

or against the Puri Municipality;

(e) all the existing employees of the Lodging-house Fund shall be allowed

to give option, within such period and in such manner as may be

specified by the Government, to be absorbed in Puri Municipal

service at the appropriate level subject to verification of their

qualification and experience as may be required for the said post

under the relevant Act, Rules and Regulation and on absorption of

such employees in the Puri Municipal service, their salary and other

service benefits shall not be less favourable than those applicable to

such employees immediately before such commencement in the

matter of pay, allowances, leave, pension, gratuity, provident fund, age

of superannuation and such other conditions of service as may be

decided by the Government.

Repeal of

Bihar and

Odisha Act 11

of 1920.

Odisha Act

11 of 1920.

(3) The existing employees referred to in clause(e) of sub-section (2) who

do not exercise option for being absorbed or otherwise found unsuitable for their

absorption in the Puri Municipal service at the appropriate level, they shall continue in

their existing posts under the Puri Municipality till their retirement, resignation or

cessation in any other manner.

(4) The seniority inter-se of the existing employees referred to in clause (e) of

sub-section (2) and the employees of the Puri Municipality shall be determined

separately for every cadre, if any, in the Puri Municipal Service, by the Puri

Municipality taking into consideration their length of continuous service on a post in

the Lodging-house Fund.

3. (1) If any difficulty arises in giving effect to the provisions of this Act, the

Government may, by order published in the Official Gazette, make such provisions

not inconsistent with the provisions of this Act, as may appear to it to be necessary or

expedient for removing the difficulty:

Provided that no such order shall be made under this section after expiry of a

period of two years from the date of commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after

it is made, before the Odisha Legislative Assembly.

Power to

remove

difficulty.

STATEMENT OF OBJECTS AND REASONS

The Bihar and Odisha Places of Pilgrimage Act, 1920 seeks to make better

provisions for the control and sanitation of places of pilgrimage and for the regulation

of Houses in which pilgrims are accommodated. The Act provides some welfare

measures such as grant of licence for accommodation of pilgrims, inspection of

Medical Officers to such Houses, revocation and suspension of licence and some

penal provisions for violation of the provisions under the Act.

2. Section 20 of the Act provides constitution of a Lodging House Fund.

Section 13 has empowered to impose terminal Tax on passengers brought by

railway, steam vessels and public service vehicles on road. For running of the

organisation, finance is generated from Terminal Tax , Licence Fee, Inspection Fee

and rent from Dharmasalas.

3. Section 21 speaks about application of such Fund which includes medical

relief and improvement of sanitation so also conservancy of the said area and of any

place, building or road.

4. It is now felt that the Fund has lost its relevance in view of functioning of new

Organisations like Puri Municipality, Water Supply and Drainage unit of Puri and

different units of Health Department. These Organisations have taken up the

responsibility to manage the original mandate of the Lodging House Fund and have

subsumed the role and responsibility of Lodging House Fund. There are provisions in

the Odisha Municipal Act, 1950 which empowers the Municipality for exercising more

effective management and control in realising the mandate of the said Act.

5. Furthermore, the traditional accommodation system for pilgrims coming to

Puri has undergone a sea change with the establishment of huge numbers of Hotels,

YatriNiwas , top class Lodgings and Boardings which attract pilgrims coming from

different places. The role of the Lodging House Fund, Puri has been squeezed to a

great extent and also in view of changing scenario, Lodging House Fund, Puri is

considered out dated and inadequate to cater the needs of the pilgrims.

6. Accordingly, it is considered expedient to repeal the Bihar and Odisha

Places of Pilgrimage Act, 1920.

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. 1220-173+12