*Orissa Municipal (Amendment) Act, 1992**
| [Orissa Act No. 23 of 1992] | [12th August, 1992] |
An Act further to Amend the Orissa Municipal Act, 1950.
Be it enacted by the Legislature of the State of Orissa in the Forty-third Year of the Republic of India as follows:-
* For the Bill, see Orissa Gazette, Extraordinary, dated the 10th July, 1992 (No. 958).
** [Received the assent of the Governor on the 12th August, 1992, first published in an extraordinary issue of the Orissa Gazette, dated the 14th August, 1992]
1. Short title and commencement.- (1) This Act may be called the Orissa Municipal (Amendment) Act, 1992.
(2) It shall be deemed to have come into force on the 27th day of April, 1992.
2. Amendment of section 39.- In the Orissa Municipal Act, 1950 (Orissa Act 23 of 1950), (hereinafter referred to as the principal Act), in section 39, for the words "and Vice-Chairman", the comma and the words "Vice-Chairman and Additional Vice-Chairman" shall be substituted.
3. Amendment of section 40.- In the principal Acts in the provisos-to section 40, for the words "and the Vice-Chairman", the comma and the words "the Vice-Chairman and the Additional Vice-Chairman" shall be substituted.
4. Amendment of section 43.- In the principal Act, for section 43 including its marginal heading, the following section shall be substituted, namely:-
43-A "Resignation or Vice-chairman, Additional Vice-Chairman and Councillor.- Councillor or the Vice-chairman or Additional Vice-Chairman may resign his office by writing under his hand addressed to the Chairman who shall place the letter of resignation before the Council at its next meeting of which notice shall be given to the Councillor, Vice-Chairman or Additional Vice-Chairman, as the case may be, and, on the resignation being accepted by the Council, the Councillor, the Vice-Chairman or the Additional Vice-chairman, as the case may be, shall cease to hold office with effect from the date succeeding the date of such acceptance:
Provided that the Councillor, Vice-Chair man or Additional Vice-Chairman, as the case may be, at any time before the acceptance of the resignation, withdraw the same by writing under his hand.".
5. Amendment of section 47-A.- In the principal Act, for section 47-A including its marginal heading but excluding subjection (2) thereof, the following shall be substituted, namely:-
47-A. "Election of Vice-Chairman and Additional Vice-Chairman.- (1) Every Municipal Council shall have a Vice-Chairman and an Additional Vice-Chairman who shall be elected by the Councillors from among themselves at the first meeting of the Municipal Council convened at the instance of the District Magistrate; and the Rules for the Election of Vice-Chairman of Municipalities shall mutatis mutandis apply to the election of Additional Vice-Chairman;
Provided that where the Vice-Chairman elected under this section or nominated under section 49-A in relation to a Municipal Council is not a woman, the office of the Additional Vice-Chairman of the. Municipal Council shall be deemed to have been reserved for women:
Provided further that in all cases where the first meeting of a Municipal Council has already been convened for the purpose of election of the Vice-Chairman of the Municipal Council, the election to the office of the Additional Vice-Chairman thereof shall be held in its subsequent meeting convened at the instance of the District Magistrate, as soon as may be, after the commencement of the Orissa Municipal (Amendment) Act, 1992.".
6. Amendment of section 48.- In the principal Act, in section 48, after sub-section (2), the following sub-section shall be inserted, namely:-
"(3) The Additional Vice-Chairman of a Municipal Council shall be deemed to have vacated his/her office-
(a) on the expiry of the term of office as, or on otherwise ceasing to be, a Councillor of that Municipal Council; or
(b) on his/her election as Chairman, Vice-Chairman or Additional Vice-Chairman of any other Municipal Council."
7. Amendment of section 49.- In the principal Act, in section 49,-
(i) for the words "or Vice-Chairman", the comma and words "Vice-Chairman or Additional Vice-Chairman" shall be substituted; and
(ii) after the proviso, the following proviso shall be inserted, namely:-
"Provided further that where a vacancy occurs in the office of the Vice-Chairman which was held by a woman, such vacancy shall be filled up by a woman, unless, the Additional Vice-Chairman of the Council continuing in the office as such is a woman."
8. Amendment of section 57.- In the principal Act, in clause (a) of section 57, after the words "Vice-Chairman", the words and comma "Additional Vice-Chairman," shall be inserted
9. Insertion of new section 57-A.- In Chapter-V of the principal Act, after section 57, the following section shall be inserted, namely:-
57-A. "Application of Chapter-V to Additional Vice-Chairman.- Save as otherwise provided in this Act, the provisions of this Chapter as applicable to the Vice-Chairman of a Municipal Council shall mutatis mutandis apply to the Additional Vice-Chairman of a Municipal Council.".
10. Amendment of section 59.- In the principal Act, in the second proviso to sub-section (1) of section 59, after the words "the Vice-Chairman" the words "or the Additional Vice-Chairman" shall be inserted.
11. Amendment of section 63.- In the principal Act, in section 63, the words and come "or in their absence, by the Additional Vice-Chairman" shall be added at the end.
12. Amendment of section 64.- In the principal Act, in section 64,-
(a) in sub-section (1), after the word "Vice-Chairman", the words "or in their absence, the Additional Vice-Chairman" shall be inserted; and
(b) in sub-section (2), after the word "Vice-Chairman", the words "or the Additional Vice-Chairman" shall be inserted.
13. Amendment of section 65.- In the principal Act, in section 65, for the words "the Vice-Chairman or in the absence of both Chairman and Vice-Chairman", the commas and words "the Vice-Chairman or in his absence the Additional Vice-Chairman or in the absence of the Chairman, Vice-Chairman and the Additional Vice-Chairman" shall be substituted.
14. Amendment of section 68.- In the principal Act, in section 68, after the word "Vice-Chairman", wherever they occur, the comma and words "Additional Vice-Chairman" shall be inserted.
15. Amendment of section 70.- In the principal Act, in section 70, after the word "Vice-Chairman", the words "or Additional Vice-Chairman" shall be inserted.
16. Amendment of section 71.- In the principal Act, in section 71, in the proviso to sub-section (3), after the word "Vice-Chairman", the comma and words "Additional Vice-Chairman" shall be inserted.
17. Amendment of section 72.- In the principal Act, in clause (e) of section 72, after the word "Vice-Chairman", the words "or Additional Vice-Chairman" shall be inserted.
18. Amendment of section 88.- In the principal Act; in section 88, after the word "Vice-Chairman", the words, "or to their absence, of the Additional Vice-Chairman" shall be inserted.
19. Amendment of section 89.- In the principal Act, in section 89,-
(i) in the opening portion, for the words "Vice-Chairman" the words "The Vice-Chairman or, in his absence, the Additional Vice-Chairman" shall be substituted;
(ii) in the first proviso, after the word "Vice-Chairman", the words "or, as the case may be, the Additional Vice-Chairman" shall be added; and
(iii) in the second proviso, after the word "Vice-Chairman", the words "or as the case may be, the Additional Vice-Chairman" shall be inserted.
20. Amendment of section 90.- In the principal Act, in section 90,-
(i) in the opening portion, after the word "Vice-Chairman", the words "or the Additional Vice-Chairman or both" shall be inserted; and
(ii) in the second proviso, after the word "Vice-Chairman", the words "or the Additional Vice-Chairman" shall be inserted.
21. Amendment of section 91.- In the principal Act, section 91 shall be renumbered as sub-section (1) thereof, and
(i) in sub-section (1) as so renumbered, for the words "to any Member", the words "to the Additional Vice-Chairman" shall be substituted,
(ii) after sub-section (1) as so renumbered, and before the provisos, the following sub-section shall be inserted, namely:-
"(2) During the vacancy in the office of the Additional Vice-Chairman or in capacity or temporary absence of the Additional Vice-Chairman, the Chairman may, by order in writing, delegate any of his functions to the Vice-Chairman, and in the absence of Vice-Chairman, to any Member of the Municipal Council till the Additional Vice-Chairman resumes office or a sew Additional Vice-Chairman is elected, as the case may be.".
22. Amendment of section 93.- In the principal Act, in the proviso to section 93, after the words "the Vice-Chairman", the words "or the Additional Vice-Chairman" shall be inserted.
23. Amendment of section 117.- In the principal Act, in clause (xxxix) of sub-section (1) of section 117, after the word "Vice-Chairman", the words and comma "Additional Vice-Chairman," shall be inserted.
24. Amendment of section 363.- In the principal Act, in sub-section (3) of section, 363, for the words "by a member of the Finance Committee", the words "by the Addition Vice-Chairman or as the case may be, by a member of the Committee" shall be substituted.
25. Amendment of section XXVI.- In the principal Act, in Chapter XXVI,-
(i) in the heading, after, the ward "VICE-CHAIRMAN", the words and comma "ADDITIONAL VICE-CHAIRMAN," shall be inserted; and
(ii) after the word and come "Vice-Chairman," wherever they occur, the words and comma "Additional Vice-Chairman" shall be inserted.
26. Amendment of section 384.- In the principal Act, in section 384, after the word "Vice-Chairman" wherever they occur, the words "or Additional "Vice-Chairman" shall be inserted.
27. Amendment of section 387.- In the principal Act, in sub-section (2) of section 387,-
(a) in clause (ii), after the word "Vice-Chairman", the comma and words "Additional Vice-Chairman" shall be inserted:
(b) for clause (xxv), the following clause shall be substituted, namely:-
"prescribing the conditions on which a house and land may be acquired or on which land may be acquired and a house constructed by the municipal council for the residence of an officer or a servant of the municipal council and its Chairman, Vice-Chairman and Additional Vice-Chairman and terms on which such officer, Chairman, Vice-Chairman or Additional Vice-Chairman may be required to occupy the same;".
28. Amendment of section 401.- In the principal Act, in section 401, in sub-section (3), for the words "and Vice-Chairman", the comma and words "Vice-Chairman and Additional Vice-Chairman" shall be substituted.
29. Amendment of section 402.- In the principal Act, in sub-section (3) of section 402, for the words "and Vice-Chairman", the comma and words "Vice-Chairman and Additional Vice-Chairman" shall be substituted.
30. Amendment of section 423.- In the principal Act, in section 423, in sub-section (4),-
(a) after the word "Vice-Chairman" occurring for the first time, the words "and the Additional Vice-Chairman" shall be inserted; and
(b) after the word "Vice-Chairman" occurring for the second time, the words "or the Additional Vice-Chairman" shall be inserted.
31. Repeal and saving.- (1) The Orissa Municipal (Amendment) Ordinance, 1992 (Orissa Ordinance No. 2 of 1992) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.