Municipal Councils (Reduction of Term of Office) Act, 1977
ORISSA ACT 011 OF 1977
13 October, 1977
An Act to Provide for the Reduction of the Term of Office of Certain Municipal Councils and Notified Area Council of the State and for Matters Incidental Thereto
Be it enacted by the Legislature of the State of Orissa in the Twenty-eighth Year of the Republic of India, as follows:
Section 1. Short title, extent and commencement
(1) This Act may be called the Orissa Municipal Councils (Reduction of term of Office), Act, 1977.
(2) It shall extend to the whole of the State of Orissa.
(3) It Shall be deemed to have come into force on the 22nd August, 1977.
Section 2. Definitions
In this Act, unless the context otherwise requires,
(a) Municipal Act means the Orissa Municipal Act, 1950 (Orissa Act 23 of 1950);
(b) Municipal Council means a Municipal Council constituted under the Municipal Act and shall include a Notified Area Council constituted thereunder;
(c) 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. Reduction of term of office
Notwithstanding anything contained in the Municipal Act, the State Government may, by notification, direct that the term of office of the councillors of all the Municipal Councils of the State as extended by the direction issued by the State Government under Sub-section (6) of section 41 of the Municipal Act and published with the notification of the State Government in the Urban Development Department No. S.R.O. 319, dated the 17th May, 1977, be reduced by such period as they deem fit.
Section 4. Consequences of reduction or term of office
Upon reduction of the term of office of the Councillors of the Municipal Councils by a direction issued under section 3,
(a) the provisions contained in sub-section (4) of section 41 of the Municipal Act shall apply to the said Municipal Councils, with effect from the date of expiry of the term of office of the councillors thereof;
3[(b) the election or nomination, as the case may be, of the councillors for reconstitution of the said Municipal Councils shall be held in accordance with the provisions of the Municipal Act on such date, not being later than the 4[31st day of December, 1978] as may be directed by the State Government; and.].
(c) the Municipal Councils so reconstituted) shall, for all purposes, be deemed to have been constituted under and be Governed by the provisions of the Munipal Act and the Rules made thereunder.
Section 5. Repeal
(1) The Orissa Municipal Councils (Reduction of Term of Office) Ordinance, 1977 (Orissa Ordinance No. 6 of 1977), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken (including any direction issued) under the said Ordinance, shall be deemed to have been done or taken under this Act.