Orissa act 005 of 1985 : Orissa Municipal Councils (Postponement of Elections) Act, 1985

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Orissa Municipal Councils (Postponement of Elections) Act, 1985.

(2) It shall be deemed to have come into force on the 31st day of December, 1984.

Section 2. Definitions

2. Definitions.- (1) In this Act, unless the content otherwise requires,-

(a) "Municipal Act" means the Orissa Municipal Act, 1950.

(b) "Municipal Council" means a Municipal Council constituted under the Municipal Act and shall include Notified Area Council constituted thereunder.

(2) Words and expressions used in this Act but not defined herein, shall have the same meaning as assigned to them respectively, under the Municipal Act.

Section 3. Postponement of general election in Municipal Councils

3. Postponement of general election in Municipal Councils.- Notwithstanding anything contained in the Municipal Act or in any rules made or order issued thereunder:-

(a) all proceedings or actions, excepting those actions taken for delimitation of wards, and reservation of scats for members of Scheduled Castes and Scheduled Tribes taken in furtherance of holding general elections for the reconstitution of Municipal Councils as specified in column (2) of the Sehedule appended hereto are hereby cancelled; and

(b) the general election for the reconstitution of the said Councils shall be held in accordance with the provisions of the Municipal Act and the Rules made thereunder on such date, not being later than the 31st December, 1985, as may be fixed by the State Government and the elections so held, shall, for all purposes, ht deemed to be a general election held under the said Act.

Section 4. Performance of the duties of Council and Chairman

4. Performance of the duties of Council and Chairman.- The persons or the body of persons as specified in column (3) in respect of the corresponding Municipal Councils as mentioned in column (2) of the Schedule are hereby empowered to exercise all the powers and perform all the functions of the Councils and its Chairman under the provisions of the Municipal Act and Rules made thereunder unless otherwise ordered by the State Government, till the succeeding elected Council and its Chairman take office or the 31st December, 1985, whichever is earlier.

Section 5. Repeal and savings

5. Repeal and savings.- (1) The puri Municipal Council (Holding of Election and Validation) Act, 1984 (Orissa Act 23 of 1984) and the Orissa Municipal Councils (Postponement of Election No. 2) Ordinance, 1984 (Orissa Ordinance No. 15 of 1984), are hereby repealed.

(2) Notwithstanding such repeal of the said Ordinance anything done or any action taken thereunder shall be deemed to have been done or taken under this Act.