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← Odisha Acts

The Orissa Municipal Act, 1950

401 sections · 0 chapters · 2 schedules

Preamble
Section 1 Short title, extent *[, commencement and application] :— (1) This Act may
Section I Legislative Papers - For statement of Objects and Reasons see Orissa Gazette, Extraordinary, dated
Section 2 Enactments "repealed and amended :— On and from the date this Act comes
Section 3 Definitions :~ In this Act, unless there is anything repugnant in the subject or’
Section 4 Constitution of municipality (1) There shall be constituted by the State
Section 7 Abolition of Municipalities— (1) The '[Governor] may by notification abolish
Section 8 Compositions of Municipalities :— Every Municipality shall be composed
Section 9 Incorporation of Municipality :— 2[Every Municipality] shall be a body
Section 10 Manner of election of Councillors :~ (1) The election of Councillors
Section 13 Electoral Roll :- (1) Except as otherwise provided in this Act or the rules
Section 14 Electors :— (1) %[* **]
Section 16 Provided further that convictions for offences of a political character shall not operate as a disqualification under this sub-section.
Section 17 Disqualification of 2[* * *] Councillor :- Subject to the provisions of Section
Section 18 Power to question election by petition :— (1) 3 The election of any person
Section 19 Form and presentation of petition :- (1) The petition shall be presented
Section 20 Right of candidates whose election is questioned :— Every opposite-party
Section 21 Tribunal :- (1) An election petition shall be heard by the District Judge
Section 22 Civil Court.
Section 23 Power of the Tribunal :- (1) Unless it is otherwise prescribed, the Tribunal
Section 24 Collector under the Tenancy Law in force in the district or part of the district, as the case may be.
Section 25 Avoidance of election proceedings :— Notwithstanding anything contained
Section 26 Disqualification for corrupt practices :— The Tribunal may declare any
Section 27 Provided that a disqualification under this section may be removed by an order of the Governor in this behalf.
Section 28 Corrupt practices :— A person shall be deemed to have committed a corrupt
Section 29 Person convicted of election offences disqualified for voting and for
Section 30 Offences in respect of electoral rolls :- (1) Every person who by claiming a
Section 31 Falsifying result of election :— Every person who in the course of electoral
Section 32 Fraudulent voting and personation :— (1) Every person, who applies for a
Section 33 Infringement of secrecy of election :- Every polling officer, clerk or other
Section 34 Offences by Polling Officer :— Every Polling Officer, who permits a person
Section 35 Procedure before Magistrate :— No Magistrate, other than a Magistrate of
Section 37 Bar to interference by Courts in election matters :- No election of a
Section 38 District Judge to decide question of disqualification of Councillors
Section 39 Judge of the district in which the Municipality is situate.
Section 40 No Councillor to receive remuneration :— No Councillor shall receive or
Section 41 Chairperson may receive such sitting allowance as may be prescribed.
Section 42 Procedure when no Councillor is elected at an election :— (1) If at a
Section 43 Resignation of Councillor :— (1) A Councillor not being the Chairperson or Vice
Section 44 Vacation of office by Councillor :— A Councillor of a Municipality shall
Section 45 Casual Vacancies :~ If a Councillor [elected or nominated] ceases to be a
Section 46 Power to leave casual vacancies unfilled in certain areas :— (1) Where a
Section 48 Vacation of office by Chairperson and Vice-Chairperson :— The
Section 51 Grant of leave to Chairperson or Vice-Chairperson :- The municipality
Section 52 Resignation of Chairperson or Vice-Chairperson :- (1) A nominated
Section 56 Proceedings not to be invalidated by casual vacancies :— No act of a
Section 57 Civil Court not to grant temporary injunctions in certain cases :~ No
Section 58 Committees :— (1) The municipality may appoint committees to assist them
Section 59 Constitution of Committees :— (1) A Committee shall consist of not less
Section 60 Exercise and discharge of powers and duties by the Water-works
Section 61 Appointment of joint Committee :~ (1) A Municipality may, and if so
Section 62 Government whose decision shall be final and shall not be questioned in any Court.
Section 63 Ordinary Meetings :- The Councillors shall meet for the transaction of
Section 64 Meeting or requisition by Councillors :— (1) The Chairperson or in his absence the Vice
Section 65 President at a meeting :— Except as otherwise provided in this Act, the
Section 66 In the absence of Chairperson *[the Vice-Chairperson or in the absence of both Chairperson and Vice- Chairperson] a Councillor elected at the meeting shall preside.
Section 67 Councillor when to abstain from taking part in discussion and voting :
Section 68 No acts of municipality to be invalidated by infirmity :- No act of a
Section 69 Decision of question and casting vote :~ (1) All question which may come
Section 70 Quorum and adjournment for want thereof :~ (1) No business shall be
Section 71 The quorum shall in any committee be a number being not less than three.
Section 72 Powers to make regulations as to business and affairs :- Every
Section 73 Municipality may determine its establishment :— (1) Every municipality
Section 74 Executive Officer, Engineer and Health Officer :— (1) Every Municipality
Section 75 Scale of establishment and appointment and dismissal of officers and
Section 76 Power to punish municipal officers or servants :— Subject to the provisions
Section 77 Appeal against order of punishment :— (1) An appeal against any order
Section 78 Power to grant leave to officers and servants of a municipality :- (1)
Section 79 Grants of gratuities and allowances to establishments :~ The municipality
Section 80 Government servants employed by municipality :- The municipality shall
Section 81 Provided that the municipality may move the State Government to take such action as they deem necessary.
Section 82 Prohibition of having share or interest in contract for employment under
Section 84 Power of municipality to frame regulation regarding establishment :
Section 85 Conditions of service of State Government servants employed by
Section 86 Notice to be given by scavenger of intention to withdraw from service :
Section 87 Executive power vested in Executive Officer :- (1) The Resolutions of a
Section 88 Emergency powers of Executive Officer :— The Executive Officer may, in
Section 89 Exercise of Chairperson’s functions by Vice-Chairperson during vacancy
Section 90 Delegation and devolution of function by Chairperson :- The Chairperson
Section 92 Delegation of powers :— Subject to any restriction that the municipality
Section 93 Exercise of delegated functions subject to Chairperson’s control and
Section 94 Rights of individual Councillor :- (1) The general control and supervision
Section 95 Provided that the Chairperson may for reasons given in writing forbid such access.
Section 96 Delegation of powers by municipality :- (1) With the exception of power,
Section 97 Power of Executive Officer :— The Executive Officer of a municipality
Section 98 Appeal from the order of Executive Officer :— (1) No appeal shall lie
Section 99 Delegation of power by Executive Officer :- (1) The Executive Officer of
Section 100 Power of municipality to require reports, from officers :— (1) A
Section 101 Officers may take part in discussions :— '[(1)] '[* * *] the Engineer, the
Section 102 Executive Officer’s power of enquiry and inspection :— The Executive
Section 103 Inspection and stamping of weights and measures :— The Executive
Section 104 Presentation and sanction of budgets :— At least two months before the
Section 105 Particulars to be included in the budget :— (1) The budget estimate shall
Section 106 Publication of budget estimates :— (1) After the budget is present before
Section 107 Sanction of budget estimate :— (1) After the expiration of the said fourteen
Section 108 Examination of the budget :- The State Government, or such authority,
Section 109 Government for a specific purpose for such purpose.
Section 110 How details of the budget estimate may be altered :- (1) When a budget
Section 111 Municipality may raise loans and may from sinking fund :- It shall be
Section 112 The State Government to prescribe minimum closing balance :- The
Section 113 Government.
Section 114 Municipal Fund :- There shall be constituted for each municipality a
Section 115 Custody of the Municipal Fund :- Unless the State Government otherwise
Section 116 Priority of payments on account of trust, loans and establishment :
Section 117 Purposes to which Municipal Fund is applicable :— (1) Subject to the
Section 118 Power of municipality to incur expenditure beyond the limits of the
Section 119 Objects not provided for by this Act :— The State Government or any
Section 120 Restriction on the application of moneys received for certain
Section 121 Property of the municipality :— All property within the municipality of
Section 122 Power to exclude road, bridge or drain from Act :- The State Government
Section 123 Government may place other property under municipality :- It shall
Section 124 Transfer of certain public institution to municipality :- (1) Any hospital,
Section 125 Immovable property required by the municipality may be acquired
Section 126 Municipality may with the consent of owner take over and repair
Section 127 Power to purchase lease or sell lands :— Subject to any restrictions imposed
Section 128 Limitation of power to accept property in trust :— A municipality, may,
Section 129 Government’s power to add to function of municipality :- The State
Section 130 Execution of contract :— (1) Subject to any prescribed rules the Executive
Section 131 Power to impose taxes :— (1) The municipality may from time to time, at
Section 132 Restriction on imposition of the tax on holdings :- (1) The tax on holdings
Section 133 Restrictions on the impositions of the water and lighting taxes :~ (1) The
Section 134 Restrictions on the imposition of a latrine tax :- The imposition of the
Section 135 Restriction on the imposition of a drainage tax :- (1) Save as is herein
Section 136 Compounding of latrine tax :- (1) The municipality may compound for
Section 137 Annual value of holding :- (1) The annual value of a holding shall be
Section 138 Power of municipality to decide questions arising out of the definition
Section 139 Assessment in case of land or building sub-divided into separate
Section 140 Assessment in case of land or building being amalgamated :- If any
Section 141 Taxes by whom payable :— Except as otherwise provided in this Act, any
Section 144 Determination of rate of tax on holdings :- Subject to the provisions of
Section 145 Preparation of assessment list :— As soon as possible after the percentage
Section 147 Amendment and alteration of list :— (1) The Executive Officer may, at
Section 148 Notice to Executive Officer of transfer of title to holding :— (1) Whenever
Section 149 Power to assess upon house consolidated tax for house and on which it
Section 150 Power of municipality in cases of excessive hardship :- Whenever from
Section 152 Publication of notice of assessment :— (1) When the assessment list,
Section 154 Reference to High Court :— (1) If, during the hearing of an appeal under
Section 155 Costs :— (1) In every appeal the costs shall be in the discretion of the
Section 156 Bar of suits :— (1) No objection shall be taken to any assessment or valuation
Section 157 Payment of rate how affected by objections of valuation :- (1) When
Section 158 Office hours for payment of taxes :— By notification to be posted up in
Section 159 Sunday or other recognised holiday) the office shall be open for the receipt of money and the transaction of business.
Section 160 Receipts to be given :— For all sums paid on account of any tax under this
Section 161 Officer to grant such receipts.
Section 162 Levy by distress on failure to pay tax :— If any person after service upon
Section 163 Distress how to be made :~ (1) Every warrant of distress and sale under
Section 164 Officer may break open door :- The officer, charged with the execution
Section 165 Sale how to be conducted :— (1) If the sum due be not paid with costs
Section 166 Sale of property beyond limits of municipality If no sufficient movable
Section 167 Executive Officer to keep account of distress and sales :~ The Executive
Section 168 Recovery of arrears of tax as arrears of land revenue :— Any arrear of
Section 169 Recovery of arrear of tax as an arrear of land revenue after failure to
Section 170 Municipality may bring suits instead of distraining of or on failure of
Section 171 Irrecoverable taxes :- The municipality may write off any tax, fee or
Section 172 Provided that where the amount exceeds five hundred rupees, the sanction of State Government shall be obtained.
Section 173 Department are prohibited from purchasing any property at any such sale.
Section 174 Liability of purchaser for vender’s share of tax :— The purchaser of any
Section 175 Section 148 be liable for the said sum.
Section 176 Tax on carriages, carts, horses and other animals :— (1) When it has
Section 177 Half-yearly statement of liability and payment of tax :- (1) In any
Section 178 Proportionate tax on carriage acquired during the half-year :- If any
Section 179 Grant of licence on payment of tax :— (1) On receiving the amount of the
Section 180 Liability in the absence of owner :— Whenever the owner of any carriage,
Section 181 Prohibition to keep carriage, without licence :~ No person shall keep or
Section 182 Composition with livery stable-keeper :— The municipality at its discretion
Section 183 Preparation of list of persons licensed :~ The Executive Officer shall, from
Section 184 Power to inspect stable and to summon persons liable for the payment
Section 185 Transfer of ownership :~ When the ownership of any licensed carriage or
Section 186 Seizure or carriage of cart not bearing numbers :- (1) If a municipal
Section 187 Refund of tax in certain cases :~ On proof being given to the satisfaction
Section 188 Prohibition of double tax :— Nothing in Section 176 to 185 shall be deemed
Section 189 Profession tax :- (1) if the Municipality by a resolution determines that a
Section 190 In such a case the State Government shall apportion the tax between the local authorities in such a manner as they may deem fit and the decision of the State Government shall be final.
Section 191 Hindu undivided family may be levied from any adult member of the firm, association or family.
Section 192 Service of notice of failure of payment of tax :— If the profession tax due
Section 194 Requisition on owner or occupier to furnish list of individual liable to
Section 195 Requisition on employers or their representatives to furnish list :~ The
Section 196 Municipality to provide water-supply, drainage and lighting :- Subject
Section 197 Vesting of works in Municipality :— (1) All public water courses and
Section 198 Construction and maintenance of water works :— (1) The municipality
Section 199 Trespass on premises connected with water-supply :— It shall not be
Section 200 Prohibition of building over water mains :- (1) Without the permission
Section 201 Municipality to provide water for domestic use :— The municipality shall,
Section 202 Control over house connection :— All house-connections, whether within
Section 203 Private water-supply for consumption and domestic use and powers
Section 204 Power of Executive Officer to supply water for non-domestic purpose
Section 205 Supply without the municipality :~ The municipality may, with the
Section 206 Power to cut off water supply :- (1) The Executive Officer may cut off
Section 207 Non-liability of municipality for reduction or stoppage of supply in
Section 208 Power to set apart wells, tanks for drinking, culinary, bathing and
Section 209 Provision for lighting public roads :- The municipality shall, so far as
Section 210 Maintenance system of drainage by municipality.
Section 211 Control over house-drains, privies and cess-pools :~ All house drains
Section 212 Connection of house-drain or with public drain :- (1) The Health Officer
Section 213 Health Officer may close or limit the use of existing private drains :
Section 214 Officer and of any work done under clause (1) (a) shall be paid by the Municipality.
Section 215 Building not to be erected without permission over drains :- (1) Without
Section 216 Construction of culvert or drain coverings by owner or occupier :
Section 217 Maintenance of troughs and pipes catching water :— The owner or
Section 218 Power to carry wire, pipes, drains, through private property subject
Section 219 Prohibition against making connection with mains without
Section 220 Powers in respect of works outside the municipal area :— (1) The
Section 221 Municipality to arrange for the removal of rubbish and filth :- Every
Section 222 Contributions from persons having control over place of pilgrimage :
Section 223 Prohibition of improper disposal of carcasses, rubbish and filth :~ No
Section 224 Prohibition against keeping filth on premises too long :— No owner or
Section 225 Prohibition against allowing outflow of filth :— No owner or occupier of
Section 226 Prohibition against using any cart without cover in the removal of
Section 227 Prohibition against throwing rubbish or filth into drains :— No person
Section 228 Provision of public latrines and urinals :- The municipality shall provide
Section 229 Permission for construction of latrine or urinal near road, tank or
Section 230 Provision of latrines by owner or occupier :- (1) The Health Officer
Section 231 Provision of latrines for labourers :- Every person employing workmen,
Section 232 Provision of latrines for markets, cart-stands, cattle-sheds, choultry :
Section 233 Latrines to be screened from view and kept clean :— All latrines shall be
Section 234 Maintenance and repair of the roads :— (1) The municipality shall, at
Section 235 Powers of Municipality :- (1) The municipality may
Section 236 Power to dispose of permanently closed roads :- When a public road is
Section 237 Acquisition of land and buildings for improvement of roads :- (1) The
Section 238 Power to prescribe building line and road alignment :— The municipality
Section 239 Buildings not to be constructed within road alignment or building
Section 240 Setting back projecting buildings or walls :— (1) When any building or
Section 241 Setting buildings forward to improve line of public road :- The municipality
Section 242 Projected roads :— (1) The municipality may prepare schemes and plans
Section 243 Watering of roads :~ The municipality shall, so far as it considers it
Section 245 Protection of appurtenances and materials of public roads :- It shall
Section 246 Power of municipality to recover expenses caused by extraordinary
Section 247 Owner’s obligation to make a road when disposing of lands as building
Section 248 Making of new private roads :- (1) Any person intending to make or lay
Section 249 Alteration or demolition of road made in breach of Section 248 :— (1) If
Section 250 Power of Executive Officer to order work to be carried out or to carry
Section 251 Executive Officer.
Section 252 Prohibition against obstructions in or over road :- No one shall build any
Section 253 Prohibition and regulation of doors, ground-floor windows and bars
Section 255 Power to allow certain projections and erections :- (1) The municipality
Section 256 Precautions during repair of roads :- (1) The Executive Officer shall
Section 257 Prohibition against removal of bars and lights :— No person shall without
Section 258 Prohibition against making holes and causing obstruction :- (1) No
Section 259 Licence for work on buildings likely to cause obstructions :- If any
Section 260 Clearing of debris of fallen houses by occupiers :~ If any obstruction is
Section 261 Naming of public roads :- (1) The municipality may give names to new
Section 262 Numbering of buildings :— (1) The Executive Officer may cause a number
Section 263 Building site and construction or reconstruction of buildings :- No
Section 264 Application to construct buildings :- (1) If any person intends to construct
Section 265 Necessity or prior approval of site :— The Executive Officer shall not
Section 266 Prohibition against commencement of work without permission :— The
Section 267 Executive Officer has granted permission for the execution of the work.
Section 268 Section 269 to grant it.
Section 269 Grounds on which approval of site for or licence to construct or
Section 270 Lapse of permission :— A permission given or deemed to have been given
Section 271 Power of Executive Officer to require alteration of work :- (1) if the
Section 272 Application of certain sections to wells :— The provisions of Sections
Section 273 Application of provisions to alterations and additions :— The provisions
Section 274 Appeal against orders of Executive Officer :— Any person aggrieved by
Section 275 Precautions in case of dangerous structures :— (1) If any structure appears
Section 276 Power to stop dangerous quarrying :~ If in the opinion of the Executive
Section 277 Precautions against fire :- (1) The Executive Officer may by notice require
Section 278 Prohibition of construction of wells, tanks, without the permission of
Section 279 Filling in of pools, which are a nuisance :-If in the opinion of the Health
Section 280 Cleaning of insanitary private tank or well used for drinking :— (1) The
Section 281 Duty of municipality in respect of public well or receptacle of stagnant
Section 282 Prohibition against or regulation of washing animals or clothes or
Section 283 Prohibition against defiling water of tanks whether public or private :- It
Section 284 Untenanted buildings or lands :- If any building or land, by reason of
Section 285 Removal of filth or noxious vegetation :— The Executive Officer may by
Section 286 Buildings unfit for human habitation :— (1) If any building or portion
Section 287 Prohibition against keeping animal so as to be a nuisance or
Section 288 Power to destroy stray pigs or dogs
Section 289 Power of Executive Officer to use or sell materials of dangerous
Section 290 Purposes for which places may not be used without licence :- (1) The
Section 291 Application to be made for construction, establishment or installation
Section 292 Power of municipality to issue directions for abatement of nuisance
Section 293 Power of State Government to pass orders or give directions to
Section 294 Power of the Executive Officer to enter factory, workshop or work
Section 295 Power in respect of public markets :— (1) The municipality may provide
Section 296 Municipality's control over public market :~ (1) No person shall, without
Section 297 Licences for private markets :— (1) No person shall open a new private
Section 298 Fees for licence :— When a licence granted under Section 297 does not
Section 299 Prohibiting sale in unlicensed markets :— It shall not be lawful for any
Section 300 Power of municipality in respect of private market :— The Executive
Section 301 Suspension of licence for failure to comply with notice under Section
Section 302 Prohibition against nuisances in private market :- No owner, occupier,
Section 303 Power to close private market :— The municipality or any officer duly
Section 304 Acquisition of rights of private persons to hold private markets :
Section 305 Appeal against orders under Section 297 :— Any person aggrieved by an
Section 306 Duty of expelling leprosy patients, from market and power to expel
Section 307 Prohibition against sale on public roads :- The Executive Officer may,
Section 308 Decision of disputes as to whether places are markets :- If any question
Section 309 Provision of public cart stands
Section 310 Vehicles Act, 1939, IV of 1939) and animals.
Section 311 Recovery of cart stand fees :— (1) if the fee leviable under sub-section (1)
Section 312 Licence for private cart-stand :- (1) No person shall open a new private
Section 313 Provision of slaughter-houses :— (1) The municipality shall provide a
Section 314 Municipality may prohibit slaughtering of cattle in places other than
Section 315 Slaughter of animals during festivals and ceremonies — The Executive
Section 316 Regulation of milk trade :— (1) The municipality may notify that no person
Section 317 Registration of existing burial or burning grounds :— Within three months
Section 318 Permission to make or renew, use of burial or burning grounds and
Section 319 Provision of places to be used as burial or burning grounds :- The
Section 320 Prohibition to bury or burn in unregistered ground :— After the
Section 321 Power to order certain burial and burning grounds to be closed :
Section 322 Porvided that the limits of such burial places are defined, and that they shall only be used for the burial of members of the family of the owners thereof.
Section 323 Power to cause corpses to be burnt or buried according to the religious
Section 324 In every such case the corpse shall be disposed, so far as may be possible, in a manner consistent with the religious tenets of the deceased.
Section 325 Power to licence fuel shop at burning grounds :— (1) The Executive
Section 326 Municipality to provide fuel to be burning grounds :— At any burning
Section 327 Extent of the Chapter :— Nothing in this chapter shall apply to any church,
Section 328 No enclosed place or building to be used for public resort without
Section 329 Applications for licence :— When any person desires to obtain a licence to
Section 330 The Executive Officer shall inspect and may require addition or
Section 331 When licence is to be granted :- if the Executive Officer is satisfied
Section 332 Licence to state period for which it is to be in force :- Every licence
Section 333 Cancellation or suspension of licence :- The Executive Officer may, for
Section 334 Appeal against orders under sections 330, 331 and 333 :- (1) Any
Section 335 Power to enter place of public resort to inspect licence or to prevent
Section 336 Penalties :— Every person who, having the immediate control of any
Section 337 General provisions regarding licences and permissions :— (1) Every
Section 338 Refusal, cancellation, suspension of licence or permission :— (1) Every
Section 339 Limitation of time for appeal :— Saves as otherwise expressly provided
Section 340 Form of licences, notices and permissions :— (1) All licences, notices
Section 341 Notice of prohibitions or setting apart of places :~ Whenever a
Section 342 Method of serving documents :— (1) When any notice or order document
Section 343 Consequence of failure to obtain licences, or of breach of the same :
Section 344 Time for complying with notice, order and power to enforce in default :
Section 345 Recovery of sums due as taxes :— All costs, damages, compensation,
Section 346 Limitation for recovery of dues :— No distraint shall be made, no suit
Section 347 Persons empowered to prosecute :— Save as otherwise expressly provided
Section 348 Recovery of fines, costs :~ Any fine, costs, tax, other sum imposed or
Section 349 Notice of action against municipality :— (1) No suit, or other legal
Section 350 Section 375.
Section 351 Municipality to have control and administration of public charitable
Section 352 Municipality may establish and maintain dispensaries and hospitals :
Section 353 Management of hospitals and dispensary by joint Committee :— (1) The
Section 354 Two or more municipalities may combine to establish dispensaries :
Section 355 Municipality may contribute to cost of maintenance of dispensary or
Section 356 Municipality to conform to rules made by State Government :— Every
Section 357 Recognised Primary Schools :- Subject to the prescribed rules, the
Section 358 Middle Schools, High Schools and Schools of other descriptions :— The
Section 359 Provisions, maintenance and management of hostels :- The municipality
Section 360 Grant-in-aid by the State Government to municipality :— The State
Section 361 Transmission of particulars of grants-in-aid to Schools :— Every
Section 362 Primary Educational Fund :- There shall be constituted for each
Section 363 Primary Education Fund where to be lodged and how to be drawn
Section 364 Education tax :i- Any municipality may with the previous sanction of the
Section 365 Rates of levy of the taxes :- (1) The rates of levy of the tax under the
Section 366 Assessment and realisation of taxes :i~ The tax levied in any municipality
Section 367 Provided that the State Government may direct that the said provision shall apply subject to such modifications and restrictions as may be prescribed.
Section 368 Budget of Primary Education Fund :- (1) Every municipality for which
Section 369 Audit of accounts of Primary Education Fund :- The accounts of each
Section 370 Recognition of Primary Schools :— (1) An application for the recognition
Section 371 Previous orders of recognition in respect of Primary Schools :— All
Section 372 Instructions or by any order officer subordinate to him before this Act comes into force shall be deemed to have been made under the provisions of this chapter.
Section 373 Previous orders admitting Primary Schools to aid :— All order admitting
Section 374 Power of State Government to make rules :— (1) The State Government
Section 375 Liability for loss, waste or mis-application of property :~ (1) Every
Section 376 Sanction for prosecution of Chairperson, Vice-Chairperson or
Section 377 Assessments not to be impeached :— (1) No assessment or demand made,
Section 378 Provided that every person aggrieved by any irregularity may recover satisfaction for any special damage sustained by him.
Section 379 Prohibition against removal or obliteration of notice :— No person shall,
Section 380 Executive Officer’s power to summon parties :— The Executive Officer
Section 381 Penalty on Councillor, officer or servant being interested in contracts
Section 382 Nothing in this section shall apply to the payment of fees to a legal practitioner for services rendered by him in his professional capacity.
Section 383 General Provisions regarding penalties specified in the Schedule :
Section 384 Penalty for acting as Councillor, Chairperson or Vice-Chairperson
Section 385 Penalty for acquisition by an officer or servant of interest in contract
Section 386 Penalty for not giving or giving false information :- If any person who
Section 387 Power of State Government to make rules :- (1) The State Government
Section 388 Powers of municipality to make by-laws and regulations :— The
Section 389 Penalty for breaches of bye-laws or regulations :— In making a bye-law
Section 390 Officer of a municipality to discontinue such breach.
Section 391 Prosecutions :— Prosecution under this Act for breach of any provision of
Section 392 Procedure for making rules, regulations and bye-laws :— The State
Section 393 Submission of annual reports :- (1) Every Municipality shall submit to
Section 394 Government.
Section 395 Powers of entry of inspecting officers :— The Magistrate of the district or
Section 396 Access of inspecting officers to municipality property :— The municipality
Section 397 Power to call for reports from municipality :— The Magistrate of the
Section 398 Power to suspend or cancel resolution under the Act :- (1) The State
Section 399 Extraordinary powers of Magistrate of the district :— (1) In cases of
Section 400 State Government's power to take action [in certain cases.] :- (1) If at
Section 403 Devolution of assets and liabilities of dissolved *[* * *] municipality :~
Section 404 Powers of officers acting for or in default of Municipality :- When the
Section 405 Appointment of Inspector of Local Works and duties to be performed
Section 406 In all matters of professional detail, then municipality shall be guided by the report of the Inspector of Local Works.
Section 407 State Government upon the matter so referred shall be final and binding.
Section 408 Delegation of powers by State Government :— The State Government
Section 409 Power to except municipality from provisions of Act unsuited thereto :
Section 410 Withdrawal of sections expressly extended by State Government :
Section 411 Municipality may take relief on measure in case of famine or serious
Section 412 Additional powers of municipality :~ Tt shall be lawful for a municipality
Section 413 Construction and maintenance of tramways :- (1) A municipality may
Section 414 Power of the Executive Officer or Health Officer to enter and inspect
Section 415 Power of Magistrate to order destruction of poisonous articles and animals
Section 416 The municipality may undertake construction, repair and maintenance of
Section 417 Provided that the cost of such construction, repair or maintenance shall be defrayed by the Government concerned.
Section 418 Continuity of Municipality's officers, appointments, rules etc. not
Section 419 Passing of property, rights and liabilities to municipality constituted under
Section 420 Recovery of sums due at commencement of Act :— All rates, taxes, payments
Section 421 Vacation of office by existing Councillors, Commissioners and office
Section 422 Chairperson and Vice-Chairperson have been elected or appointed under this Act and shall then vacate office.
Section 423 State Government be necessary for the purpose of newly constituting a municipality or bringing the provision of this Act into force for the first time.
Section 424 Power of State Government to direct reconstitution of municipality
Section 425 Power of State Government in cases of doubts and difficulties :- If any
Schedule ENACTMENTSAMENDED
Schedule V PENALTIES FOR CONTINUING BREACHES

The Orissa Municipal Act, 1950

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The Orissa Municipal Act, 1950
Section 45

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Section 45 of The Orissa Municipal Act, 1950 — Casual Vacancies :~ If a Councillor [elected or nominated] ceases to be a

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Official Legislative Text

Councillor of a municipality by reason of his death, resignation, removal or otherwise the vacancy so caused shall be filled by [election or nomination, as the case may be] of another Councillor in the manner prescribed.

Notes for this section are being prepared — this page will update on its own once they’re ready.

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