EXTRACTS FROM THE ORISSA MUNICIPAL ACT, 1950

INDEX

 

Section

Subject

Page No.

 

CHAPTER 1

Preliminary

 

1.

 

Short title, extent and commencement

 

 

3.

Definitions

 

 

 

CHAPTER II

Construction of Municipalities

 

 

 

4.

Constitution of Municipalities.

 

 

 

5.

Application of Act and subsidiary orders in areas included within a Municipal area.

 

 

 

6.

Continuance of Act and subsidiary orders in Municipal areas formed by division.

 

 

 

7.

Abolition of Municipal Areas

 

 

 

8.

Composition of Municipalities

 

 

9.

Incorporation of Municipality

 

 

10.

Manner of election of Councillors

 

 

 

11.

Reservation of Seats for Scheduled Castes, Scheduled Tribes, women and backward class of citizens.

 

 

 

 

CHAPTER III

Election and Election Petition

 

 

 

Sec.11-A

Superintendence, direction and control of elections to vest in the Election Commission

 

 

12.

General Election of Councillors and formation of Wards

 

 

 

13.

Electoral Roll

 

 

 

14.

Electors

 

 

15.

Removal of name from electoral roll

 

 

 

16.

Disqualification of candidates for election

 

 

 

17.

Disqualification of Councillor

 

 

 

17-A 

Limition on election expenditure and account thereof

 

 

 

18.

Power to question election by petition

 

 

19.

Form and presentation of petition

 

 

20.

Right of candidates whose election is questioned

 

 

21.

Tribunal

 

 

22.

Procedure

 

 

23.

Power of the Tribunal

 

 

24.       

Finding of Tribunal Court

 

 

 

25.

Avoiding of election proceedings

 

 

26.       

Disqualification for corrupt practices

 

 

 

27.

Saving of acts done by a Councillor before his election is set aside

 

 

28.

Corrupt practices

 

 

29.

Person convicted of election offence disqualified for voting and for being elected

 

 

30.

Offences in respect of electoral rolls

 

 

31.

Falsifying result of election

 

 

32.

Fraudulent voting personation

 

 

33.

Infringement of secrecy of election

 

 

34.

Offences by polling officer

 

 

35.

Procedure before Magistrate

 

 

37

Bar to interference by Courts in election matter

 

 

 

38.

District Judges to decide question of disqualification of Councillors

 

 

CHAPTER IV

Removal, Resignation and term of Councillors

 

Sec.38A

Removal of Councillor by Government

 

 

39.

Publication of names

 

 

40.

No Councillor to receive remuneration

 

 

41.

Term of office of Councillors

 

 

 

42.

Procedure when no Councillor is elected at an election

 

 

43.

Resignation of Vice-Chairperson and Councillor

 

 

44.

Vacation of office by Councillor

 

 

45.

Casual vacancies

 

 

 

46.

Power to leave casual vacancies unfilled in certain cases

 

 

 

 

CHAPTER V

Election of Chairperson and Vice-Chairperson

SEC.47

Election of Chairperson and Vice-Chairperson

 

48.

Vacation of office by Chairperson and Vice-Chairperson

 

49.

Filling up casual vacancies.

 

 

49.A.

Failure of election of Chairperson or Vice-Chairperson

 

50.

Status of appointed Chairman and Vice-chairman

 

51.

Grant of leave to Chairperson or Vice-Chairperson

 

52.

Resignation of Chairperson or Vice-chairperson

 

53.

Removal of Chairperson or Vice-Chairperson

 

54.

Vote of no-confidence against Chairperson or Vice-chairperson

 

55.

Appointment during leave vacancy

 

56.

Proceedings not to be invalidated by casual vacancies

 

57.

Civil Court not to grant temporary injunctions in certain cases

 

 

CHAPTER IX

Functions of the Municipality and its executive

 

89.

Exercise of Chairperson’s functions by Vice-Chairperson during vacancy in office.

 

 

CHAPTER - XXVII

Penalties

384.

Penalty for acting as Councillor, Chairperson or Vice-Chairperson of a Municipality when disqualified.

 

 

 

CHAPATER – XXVIII

Rules, Regulations, By-Laws and Schedules

 

 

387.

Power of State Govt. to make Rules

 

392.

Procedure for making Rules, Regulations & By-Laws

 

 

CHAPATER – XXIX

Control and delegation of powers

 

401.

Dissolution and reconstitution of Municipality

 

 

CHAPATER – XXXI

Supplementary and Transitional Provisions

 

423.

Special provision in the case of a newly constituted and reconstituted Municipality

 

                 

EXTRACTS FROM THE ORISSA MUNICIPAL ACT, 1950

 

ORISSA ACT 23 OF 1950

CHAPTER – I

Preliminary

 

Short title, extent, commencement and application

 
1.       (1) This Act may be called the Orissa Municipal Act, 1950

(2)  It shall extend to the whole of the State of Orissa

(3) It shall come into force in such area or areas on such date or dates as the State Government may appoint from time to time.

(4) Notwithstanding anything contained in sub-section (3) it shall take affect in any Cantonment orpart of a Cantonment.

(5)  Any notification, order or rule and any appointment to an office may  be made or election held under this Act, after it shall have received the assent of the Governor and shall take effect on this Act coming into force.

(6)  Nothing in this Act shall apply to the scheduled areas referred to in clause (1) of Article 244 of the Constitution.

X              X                 X                 X                 X                 X

Definitions

 
3. In this Act, unless there is anything repugnant in the subject or context,

 

          (1)‘Assembly Constituency’ shall have the same meaning as has been assigned to it in Representation of the People Act, 1950 .

X              X                 X                 X                 X                 X

(7-e)     ‘Director’ means the Director of Municipal Administration appointed under Section 393-A;

            X              X                 X                 X                 X                 X

(8-a)   ‘Election Commission’ means the State Election Commission consisting of a State Election Commissioner appointed by the Governor under Article 243-K of the Constitution;

            X              X                 X                 X                 X                 X

(9-a)     ‘Finance Commission’ means the Finance Commission constituted by the Governor under Article 243-I of the Constitution ;

            x               X                 X                 X                 X                 X

(17-a) ‘Municipal area’ means the territorial area of a Municipality;

 

            X              X                 X                 X                 X                 X

(17-b) ‘Municipality’ means a Notified Area Council or a Municipal Council or a Municipal Corporation;

            X              X                 X                 X                 X                 X

(21-a) ‘Panchayat’ means a Grama Panchayat as defined in the Orissa Grama Panchayats Act, 1964, Orissa Act 1 of 1965, or a Panchayat Samiti as defined in the Orissa Panchayat Samiti Act, 1959, Orissa Act 7 of 1960 or a Zilla Parishad as defined in the Orissa Zilla Parishad Act 1991, Orissa Act 17 of 1991; and

          X                 X                 X                 X                 X                 X 

(23-A)   ‘Population’ means the population as ascertained at the last preceeding census of which the relevant figures have been published;

(24)               ‘Prescribed’ means prescribed by rules made under this Act;

X              X                 X                 X                 X                 X

(32)               “Residence” – ‘reside’- a person is deemed to have his ‘residence’ or to ‘reside in any house if he sometimes uses any portion thereof as a sleeping apartment;  

                      X              X                 X                 X                 X                 X

CHAPTER II

Constitution of Municipalities

Constitution of Municipalities

 
 


4.       (1) There shall be constituted by the State Government –

(a)   a Notified Area Council for every transitional area;

(b)  a Municipal Council for every smaller urban area; and

(c)   a Municipal Corporation for every larger urban area,

in accordance with the provisions of this Act;

          Provided that no such Municipality or Corporation shall be constituted in any urban area or part thereof which the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by notification, specify to be an industrial township.

          (2) In this section, “a transitional area”, “a smaller urban area” or “a larger urban area” means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by notification under clause (2) of Article 243-Q of the Constitution.

          Provided that before publication of the notification under this sub-section , the State Government shall Publish in the prescribed manner a draft of such notification inviting objections and suggestions from all persons likely to be affected thereby within such period as may be prescribed, and shall consider the objections and suggestions, if any, as may be received on the said draft.

          Explanation For the purposes of this Section –

(a)                     save as may otherwise be deemed fit by the Governor, a population of not less than ten thousand, twenty five thousand and three lakhs, respectively, may be taken as sufficient population for the purpose of specifying respectively “a transitional area”, “a smaller urban area” and  “a larger urban area”;

(b)              the factors relating to density of population, percentage of employment in non-agricultural activities, generation of revenue for local administration economic importance and such other factors for the purpose of specifying “a transitional area”,  “a smaller urban area” and “a larger urban area” shall be such as the Governor may, from time to time, determine.

(3) Notwithstanding anything contained in this Section,-

(a)                the territorial  area of every Notified Area Council and that of the every Municipal Council constituted prior to, and existing at, the commencement of the Orissa Municipal (Amendment) Act, 1994 shall respectively be deemed to be a transitional area and a smaller urban area within the meaning of sub-section (2) of section 4; and

(b) every Notified Area Council (including its Chairman and Vice-Chairman) and every Municipality ( including its Chairperson, Vice-Chairperson and Additional Vice-Chairperson), continuing in office at the commencement of the Orissa Municipal (Amendment ) Act, 1994 shall continue till the expiration of the term as provided in sub-section (1) of section 41 as it stood prior to such commencement, unless sooner dissolved by resolution passed to that effect by the Legislative Assembly.

(4)When any transitional area or smaller urban area within the meaning of sub-section(2) is subsequently specified to be-

(a) a smaller urban area in the case of a transitional area, or

(b)  a larger urban area in the case of a smaller urban area, then, notwithstanding anything contained in this Act,-

(i)                 the Notified Area Council for the existing transitional area shall be deemed to be the Municipality for the smaller urban area so sub sequently specified;

(ii)              the Municipality for the existing smaller urban area shall be deemed to be the Municipal Corporation for the larger area so subsequently specified;

(iii)            the Chairperson, Vice-Chairperson and other members of the existing Notified Area Municipality or Municipality shall be deemed to be Chairperson, Vice-Chairperson and other members of the deemed Municipality or, as the case may be, of the deemed Municipal Corporation;

(iv)             all the assets and  liabilities of the existing Notified Area Municipality shall devolve upon the deemed Municipality or, as the case may be, that of the existing Municipality shall devolve upon the deemed  Municipal  Corporation;

(v)                the provisions of this Act and of the rules, bye-laws, notifications or orders made thereunder which were in force throughout such transitional area or, as the case may be, the Municipal area shall apply to the territorial of such deemed Municipality or, as the case may be, deemed Municipal Corporation;

(vi)            

Application of Act and Subsidiary orders in areas included within a Municipal ity.

 
the proceeding commenced, if any, for reconstitution of the existing Notified Area Municipality or , as the case may be, existing Municipality shall continue if such proceedings were commenced in relation to the deemed Municipality or, as the case may be, deemed Municipal Corporation.

5.                 When any local area is included in a Municipal area  by a notification referred to in sub-section (2) of section 4, all the provisions of this Act and of the rules, bye-laws, notifications or orders made thereunder which, immediately before such inclusion were in force throughout such Municipal area shall be deemed to apply to such local area, unless it is otherwise directed in and by the said notification.

6.                

Continuance of Act  and subsidiary orders in Municipalities formed by division

 
When any Municipal area is divided into two or more such areas by a notification referred to in sub-section (2) of section 4 then, notwithstanding anything contained in this Act, all the provisions of this Act and of the rules, bye-laws, notifications or orders made thereunder which, immediately before such division were in force in any part of the original Municipal area shall be deemed to be on force in the same part of the Municipal areas formed by such division unless it is otherwise directed in and by the said notification.

Abolition of Municipal areas

 
7.       (1) The Governor may, by notification, abolish  any Municipality to  which this Act, applies :

Provided that –

(a)               the Governor shall, before they issue such notification, communicate to the Municipality the grounds on which they propose to do so, fix a reasonable period for the Municipality to show cause against the proposal  and consider its explanations and objections, if any ;

(b)  the notification shall contain  a statement of the Governor’s reason.

(2)  From such date, as may be specified in such notification this Act and all notifications, rules, bye-laws, regulations, orders, directions and powers issued, made or conferred under this Act, shall cease to apply to the area previously comprised in the municipality; the balance of the municipal fund and all other property vested in the municipality shall vest in the State Government and the liabilities of the municipality shall be transferred to the State Government.

(3)              All property vested in the State Government under sub-section (2) shall be applied, under the orders of the State Government, to discharge the liabilities imposed on the State Government by that sub-section or for the promotion of the safety, health, welfare and convenience of the inhabitants of the area previously comprised in the municipality.

Composition of Municipalities

 
8.       Every Municipality shall be composed of the following Councillors, namely:

(a)               one Councillor elected directly from every Ward within the Municipal area;

(b)              a person having special knowledge or experience in Municipal administration as may be nominated by the State Government ;

Provided that the Councillor so nominated shall not have the right to vote at any meeting of the Municipality but shall have the right to attend every meeting thereof except the meetings convened under sections 47,49 and 54;

[(c) every member of the House of the People and of the Legislative Assembly of the State  representing constituencies which comprise  wholly or partly the Municipal Area and every member of the Council of States registered  as elector within  the Municipal Area :

          Provided that no such member shall have right to attend any meeting  of the Municipality  convened  under Section 47,49 or 54 :

          Provided further  that where any such member is  unable to attend  any meeting of the Municipality (except as aforesaid) for any reason,he may authorize  a person to attend such meeting as his representative  but , in no case , the representative so authorized shall have the right to vote at such meeting. ]¹

Provided  that the Councillors so nominated shall not have the right to vote at any meeting of the Municipality but shall have the right to attend every meeting thereof except the meetings convened under sections 47,49 and 54.

Incorporation of Municipality

 
9.       Every Municipality shall be a body corporate by the name of the Municipality by reference to which it is known, shall have perpetual succession and a common seal and subject to any restriction and qualification imposed by or under this or any other enactment shall have power to acquire and hold property, both movable and immovable, and subject to any rules prescribed to transfer any such property held by it, to enter into contracts and to do all other things necessary, proper or expedient for the purposes of this Act and may sue and be sued in its corporate name.

Manner of election of Councillors

 
10.     (1) The election of Councillors specified in clause (a)  of Section 8 shall be held in the prescribed manner :

          Provided that where such election is contested on political party basis, the candidates contesting such election shall use their respective party symbols.

          Explanation – For the purposes of this Section –

(a)               “Candidates” means candidates duly sponsored by respective political parties;

(b)              “Party Symbol” means the symbol allotted to a particular political party under the Elections Symbols ( Reservation and Allotment) Order, 1968; and

(c)              

Reservation of seats for Scheduled Castes, Scheduled Tribes, Women and Backward Class of citizens

 
“Political Party” means a National Party or as the case may be ‘State Party’; within the meaning of paragraph 7 of the order referred to in clause (b).

(2)              the names of the elected Councillors shall be published by the Election Commission in the Gazette.

1. Inserted vide the Orissa Municipal (Amendment Act), 2002(  published in extra-ordinary Orissa Gazette No.566 dtd.26.04.2002.

11.     (1)      There shall be reserved by the District Magistrate, seats in very Municipality for the Scheduled Castes and Scheduled Tribes and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in the concerned Municipal area or of the Scheduled Tribes in that area bears to the total population of that area and such seats shall be allotted by rotation to different Wards in a Municipal area :

          Provided that where the population of the Scheduled Castes or, as the case may be, Scheduled Tribes in a Municipal area is not sufficient for reservation of any seat, one seat for the Scheduled Castes or, as the case may be, one seat for the Scheduled Tribes shall be reserved in that Municipal area.

(2)              As nearly as may be but not less than, one-third of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribe :

          Provided that where only two seats are reserved for the Scheduled Castes or, as the case may be, the Scheduled Tribes, one of the two seats shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.       

(3)              As nearly as may be, but not less than twenty-seven percentum of the total number of seats to be filled up by direct election in every Municipality shall also be reserved in favour of backward class of citizens as referred to in clause (6) of Article 243-T of the Constitution. 

(3A)   As nearly as may be, one-third of the total number of seats reserved under sub-section (3) shall be reserved for women belonging to the backward class of citizens;

Provided that where only two seats are reserved for the backward class of citizens one of the two seats shall be reserved for women belonging to the backward class of citizens; and

(4)              As nearly as may be, but not less than, one-third including the number of seats reserved for women belonging to the Scheduled Castes the Scheduled Tribes and the backward class of citizens of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats shall be allotted by rotation to different Wards in a Municipal area.

(5)              Where a particular Ward is reserved for the Scheduled Castes or the Scheduled Tribes or the backward class of citizens, or for women whether or not belonging to the Scheduled Castes or Scheduled Tribes, and no eligible candidate is available  or comes forward to contest the election in relation to that Ward, the State Government shall nominate a person who is otherwise eligible to contest such election , as the Councillor for the Ward.

(6)              The procedure regarding reservation of seats for the purposes of sub-section (1), (2), (3) and shall be such as may be prescribed.

(7)              The reservation of seats under sub-sections (1) and (2) shall cease to have effect on the expiration of the period specified in Article  334 of the Constitution.

CHAPTER – III

Election and Election Petition.

 

Superintendence, direction and control of elections to vest in the Election Commission.

 
11-A. The Superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all Elections to Municipalities shall be vested in the Commission.

Election Officer,Polling Officer,etc deemed to be on deputation to  Election Commission

 
[11-B.          Any Officers  and employees of the State Government made available to the Election Commission pursuant to  clause (3) of Article  243-K of the Constitution for the discharge of the functions  conferred  on the Election Commission by clause (1) of that Article,when appointed  by the Election Commission as the Election Officer , Polling Officer or any other Officer , or otherwise designated for the time being , for the conduct of  any election under this Act, shall be  deemed to be on  deputation to the Election Commission for the period  commencing  on the date of notification calling for  such election  and ending with the  date of declaration of the result  of such election and,  accordingly,  such Officers  and employees shall ,  during that period,  be subject to the  control ,  superintendence and discipline  of the Election Commission.]¹

General Election of Councillors and formation of Wards

 
12.     (1) A general election of the Councillors specified in clause (a) of section 8 shall be completed :-

(a)               for the purpose of constituting new Municipality, as soon as may be, but not later than six months, after the publication of the notification referred to in sub-section (2) of section 4 ;

1.  Inserted vide the Orissa Municipal (Amendment Act), 2002(  published in extra-ordinary Orissa Gazette No.566 dtd.26.04.2002.

(b)              for the purpose of reconstituting a Municipality, before the expiry of a period of five years from the date appointed for its first meeting referred to in clause (a) of sub-section (2) of section 47:

(2)        For the purpose of election under sub-section(1), the State Government shall, by one or more notifications published on such date or dates as may be recommended by the Election Commission, call upon all Wards in the Municipal area to elect Councillors in accordance with the provisions of this Act and of the rules and orders made thereunder.

(3)        For the purpose of election of Councillors to a Municipality, the District Magistrate shall, in the case of a new Municipality ,of his own motion and, in the case of  a Municipality already in existence at the time the notification is made, after consulting the concerned Municipality, by notification;–

(a)               divide the Municipal area into Wards ;

(b)              determine, subject to other provisions of this Act, the Wards in which the seats reserved under section 11 shall be set assigned :

          Provided that – (i)  in dividing a Municipal area into Wards, equitable distribution of population among the various Wards and the compactness of area forming each Wards shall betaken into consideration; and

(i)                 the number of Wards in any Municipal area shall not be less than eleven and more than forty.

          [Provided  further that  notwithstanding  anything contained in this Section, if any person is aggrieved by the decision as to the division of the Municipal area into wards or the assignment of wards, as referred in clauses (a) and (b), he may prefer an appeal to the State Government within fifteen days from the date of publication of the notification which shall be disposed of by the appellate authority within thirty days from the date of its filing, after giving the person concerned an opportunity of being heard, and the decision of the appellate authority shall be final.]¹

          (3-A) (a) The District Magistrate shall before making the notification under sub-section (3),  publish in  the  prescribed manner a draft thereof  containing a statement showing the number of Wards  into which the Municipal area shall be

1. Inserted vide the Orissa Municipal (Amendment Act), 2002(  published in extra-ordinary Orissa Gazette No.566 dtd.26.04.2002.

divided, the extent of each such Ward and the Wards in which the seats reserved under section 11 shall be set assigned, with a notice inviting objections and suggestions from all persons interested within the prescribed period.

(b)The District Magistrate shall consider the objections and suggestions so received, and, for that purpose, he may make such further enquiry as he may consider necessary.

(4)              All the electors of a Ward shall irrespective of their community, be entitled to vote at an election in respect of that Ward.

(5)              When a new Ward is formed or when an existing Ward is abolished, the State Government shall, after consulting the Municipality concerned, determine-

(a)               the Ward which each Councillor then in the Municipality shall be deemed to represent; and

(b)              the Ward or Wards in which election shall be held to fill up the vacancies, if any, in the Municipality.

Electoral Roll

 
13.     (1) Except as otherwise provided in this Act or the rules made there under all persons registered by virtue of the Representation of the People Act of 1950 in so much of the electoral roll for any Assembly Constituency for the time being in force as relates to the Municipality shall be entitled to cast their votes at an election to the Municipality and the said portion of the roll shall be deemed to be the electoral roll of the Municipal area.

(2)           So much of the electoral roll of the Municipality as relates to the area comprised within a Ward thereof shall be embodied in a register to be maintained for the Ward and such register shall be deemed to be the electoral roll  for the Ward for the purposes of this Act.

(3)                 The manner of splitting up of the electoral roll for the purpose of preparation of the aforesaid register, the manner of the revision of such register from time to time and the Officer or authority by whom such splitting up or revision is to be carried out shall be as may be prescribed.

(4)                 Nothing in this section shall debar the Election Commission to adopt, or provide for, any other mode for the preparation of electoral rolls for the purpose of elections to Municipalities.

Electors

 
14.     (2) No person who is not for the time being on the electoral of the Ward shall be entitled to vote at an election in respect of the Ward.

Removal of the name from electoral roll

 
15.     (2) If any person is convicted of an offence, under Chapter IX-A of the Indian Penal Code, punishable with imprisonment for a term exceeding six months, his name, if on  the electoral roll, shall be removed therefrom and shall not be registered thereon for a period of three years from the date of conviction or, if not on the electoral roll, shall not be so registered for a like period :

Provided that the Governor may direct that the name of any person to whom this sub-section applies shall register on the electoral roll :

          Provided further that conviction for offences of a political character shall not operate as a disqualification under this sub-section.

Disqualification of Candidates for election

 
16.     (1)     No person shall be qualified for election as a Councillor of a Municipality if such person –

(i)                 is not included in the electoral roll of the Municipality; or

(ii)               is less than twenty-one years of age; or

(iii)            is unable to read and write either English, Hindi or the language of State; or

(iv)              has been adjudged by a competent court to be of unsound mind or is a leprosy or a tuberculosis patient; or

(v)                is an undischarged insolvent or being a discharged insolvent has not obtained from the Court a certificate that insolvency was caused by misfortune without misconduct on his part; or

(vi)              is in arrear or any dues payable to the Municipality without sufficient cause shown to the satisfaction of the Election Officer, for a period of one year immediately preceding the year in which the election is held; or

(vii)           is a person against whom an order of surcharge for wilful negligence or misconduct has either been certified for payment or confirmed in case of an appeal in respect of any money or property of a Municipality, under the provisions of the Orissa Local Fund Audit Act, of 1948 or a person against whom a decree has been passed under section 375; or

(viii)         is interested in a subsisting  contract, either directly or indirectly made with or any work being done for the Municipality, except as a shareholder in a registered joint stock company or co-operative society, constituted under the laws for the time being in force ;

          Provided that a person shall not be deemed to have any interest in such contract or work by reason  only of his having a share or interest in –

(a)               any lease, sale or purchase of immovable property or any agreement for the same; or

(b)              any agreement for the loan of money or any security of the payment of money only; or

(c)               any newspaper in which any advertisement relating to the affairs of the Municipality is or may be inserted; or

(d)              the sale to the Municipality of any articles in which he regularly trades or the purchase from the Municipality of any article to a value in either case, not exceeding fifteen hundred rupees in the aggregate, in any year during the period of the contractor work; or

(ix)             is employed as a paid legal practitioner on behalf of the Municipality or as legal practitioner against the Municipality; or

(x)               is an officer or servant holding office under the Municipality or a Honorary Magistrate with jurisdiction over any part of the area of the Municipality; or

(xi)             is a Government servant either whole time or part time or has been ( dismissed from Government service for corruption or disloyalty to the State, unless a period of five years has elapsed since his dismissal :

Provide that if any question arises, either before or after an election whether any person is or not disqualified under this clause, the question shall be referred to the State Government whose decision shall be final; or 

(xii)          has been sentenced by a Criminal Court to transportation or to imprisonment for a period of more than six months for any offence, other than an offence of a political character, or an offence other than an offence not involving moral delinquency ( such sentence not having been reversed or the offence pardoned) so long  as he is under going the sentence and for three years from the date of the expiration of the sentence :

Provided that notwithstanding anything contained above the Governor may direct that such sentence shall not operate as a disqualification and upon such a direction being given or if and when the sentence is superseded on appeal or revision he shall be restored to office for such portion of the period for which he was elected, as may remain unexpired at the date if such restoration and any person elected to fill the vacancy in the interim shall on such restoration, vacate office; or

(xiii)        has been convicted or found to have been guilty of offence of corrupt or legal practice relating to election, which has been declared, by the State Government under prescribed  rules, to be an offence or practice entailing disqualifcation  of membership unless such period has elapsed as may be prescribed in that behalf; or

(xiv)         is disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State; or

(xv)            is disqualified by or under any law made by the Legislature of the State; or

(xvi)         has more than one spouse living; or

(xvii)       has more than two children :

(xviii)    has given appointment to any person in contravention of the provisions of this Act and the rules made thereunder during his tenure in the Municipality immediately preceeding the election;

(xix)        has been removed under section 53 during the term of his office as the Chairperson or the Vice-Chairperson of the Municipality immediately preceeding the election.

Provided that the disqualifications under clause (xvii) shall not apply to a person who has more than two children on the date of commencement of the Orissa Municipal (Amendment) Act, 1994, or as the case may be, within a period of one year of such commencement, unless he begets an additional child after the said period of one year; and

(2)               Subject to the provisions of Sec. 38. where a person, who becomes disqualified by virtue of clause (xii) of sub-section(1) is at the date of the disqualification a councillor, his seat shall, notwithstanding anything contained in this section, not  become vacant by reason of the disqualification until there months, have lapsed from the date thereof or if within those three months, an appeal or petitions for revision is brought in respect of the conviction or the sentence, until that appeal  or petition is disposed of but during  any period during which his councillorship is preserved under this section, he shall not sit or vote in the council.

Disqualification of Councillor

 
17.(1) Subject to the provisions of Section a conuncillor shall cease to hold his office, if he –

(a)               subject to the proviso to clause (xii) of sub-section (1) of Section 16, is sentenced by Criminal court to such punishment and for such offence, as is prescribed in that clause; or

(b)               becomes of unsound mind, a leprosy or a tuberculosis patient; or

(c)                applies to be adjudicated or is adjudicated an insolvent; or

(d)               subject to the proviso to clause (viii) of sub-section (1) of section 16 acquires any, interest in any subsisting contract, either directly or indirectly made with or work being done for, the Municipality except as share-holder in a registered joint stock company or a Co-operative Society, constituted under the laws for the time being in force; or

(e)               is employed as a paid legal practitioner on behalf of the Municipality or accepts employment as a legal practitioner against the Municipality; or

          (e-1)   has failed to pay any arrears of Municipal dues within six months from the date of service of a notice demanding payment of the same; or

(f)                 is appointed as an officer or servant under Municipality or as an Honorary Magistrate with jurisdiction over any  part of the Municipality; or

(g)               is a salaried Government servant either whole-time or part-time:

Provided that if any question arises, whether any person is or not disqualified under this clause, the question shall be referred to the State Government, whose decision shall be final; or 

(h)      ceases to be resident within the Municipality; or

(i)       in the case of a Councillor absents himself from four consecutive meetings without obtaining previous permissions from the Chairperson or without an excuse sufficient in the opinion of the Municipality:

 Provided that no meeting from which a Councillor absents himself shall be counted against him under this clause if due notice of that meeting was not given to him;

Explanation – Emergent or special meetings shall not be deemed to be meetings within the meaning of this clause; or

(j)                 has been convicted or found to have been guilty of any offence or corrupt or illegal practice relating to elections which has been declared, by State Government  under prescribed rules to be an offence or practice  entailing disqualification for Councillorship, unless such period has elapsed as may be prescribed in that behalf;

(k)              

Limitation on election expenditure and accounts thereof.

 
incurs any of the disqualifications specified in clauses (xiv) to (xvii) of sub-section (1) of Section 16.

17-A.(1) No candidate for an election as a Councillor to a Municipality  shall, either by himself or through any person authorised by him, incur expenditure in connection with such election an amount exceeding twenty-five thousand rupees:

          Provided that the Election Commission may, by notification from time to time and in consultation with the State Government, enhance the limit of such expenditure up to fifty thousand rupees.

          (2)     For the purposes of this section, every candidate referred to in sub-section (I) shall maintain, or cause to be maintained, a true and separate account of all expenditure incurred or authorised by him in connection with the election between the date on which he has been nominated as a candidate and the date of declaration of the result of the election.

          (3)     Any person who contravenes any of the provisions of this sections shall be deemed to have committed corrupt practice within the meaning of section 28.

          (4)     The account shall contain such particulars as may be notified by the Election Commission.

          (5)     Within one month from the date of declaration of the result of the election, every candidate, either personally or through his agent, shall lodge, or cause to be lodged, with the Election Commission the account of the election expenditure, maintained under sub-section(2).

Power to question election by petition

 
18.     (1)  The election of any person as a Councillor may be questioned by election petition on the ground-

(a)               that such person committed, during or in respect of the election proceedings, a corrupt practice as defined in Section 28; or

(b)              that such person was declared to be elected by reason of the improper rejection of admission  of one or more votes, or for any other reason was not duly elected by a majority of lawful vote; or

(c)               that such person  though enrolled as an elector was disqualified for election under the provisions of sections 15, 16 and 29.

(2)              The election of any person as a Councillor shall not be questioned-

(a)               on the ground that the name of any person qualified to vote has been omitted from or the name of any person not qualified to vote has been inserted in the electoral roll ;

(b)              on the ground that any non-compliance with this Act or any rule or of any mistake in the forms required thereby or of any error, irregularity or informality on the part of the officer or officers charged with carrying out the provisions of this Act or any rules, unless such non-compliance mistake, error, irregularity or informality has materially affected the result of the election.

Form and presentation  of petition

 
19.     – (1) The petition shall be presented before the District Judge, together with a deposit of two hundred rupees as security for cost within fifteen days, after the day on which the result of the election was announced and shall specify the ground or grounds on which the election of the opposite party is questioned and shall contain a summary of the circumstances alleged to justify the election being questioned on such grounds.

(2)              The petition may be presented by any candidate in whose favour votes have been recorded and who claims to be declared elected in place of the person whose election is questioned, or by twenty five or more electors of the ward.

(3)              A person whose election is questioned and when the petition state that any other candidate shall be declared elected in place of such person, every successful candidate, who has polled more votes than such candidate, shall be made opposite party to the petition.

Right of candidates whose election is questioned

 
20.     Every opposite party may give evidence to prove that any person in respect of whom a claim is made that such person be declared elected in his place or in priority to him should not be elected in the same manner as if he had presented  a petition against the election of such person.

Tribunal

 
 21.    (1) An election petition shall be heard by the District Judge within whose jurisdiction the Municipality is situated.

(2)              Such District Judge ( herein after referred to as ‘Tribunal’ shall be deemed to exercise jurisdiction as persona designata and not acting in capacity of a Judge or Civil Court.

Procedure

 
22      Except so far as may be otherwise provided by this Act or by rule, the procedure provide in the Code of Civil Procedure, 1908 in regard to suits, shall so far as it is not inconsistent with this Act or any rule and so far as it can be made applicable be followed in the hearing of election petitions :

(a)               Provided that any two or more election petitions relating to the election of the same persons may be heard together ;

(b)              the Tribunal shall not be required to record or to have recorded the evidence in full but shall make a memorandum of the evidence sufficient in its opinion for the purpose of deciding the case;

(c)               the Tribunal may at any stage of the proceedings, require the petitioner to give further security for the payment of all cost incurred or likely to be incurred by any opposite party and is within the time fixed by it or within such further time, as it may allow such security is not furnished may dismiss the petition;

(d)              the Tribunal for the purpose of deciding any issue, shall only be bound to require  the production of or to receive so much evidence, oral or documentary, as it considers necessary;

(e)               there shall be no appeal either on a question of law or fact and no application in revision against or in respect of the decision of the Tribunal;

(f)                 the Tribunal may review its decision on any point on the application of any person, considering himself aggrieved thereby if the application is presented within one month from the date of decision.

Power of the Tribunal

 
23.     (1) Unless it is otherwise prescribed, the Tribunal  shall have the same powers and privileges as the judge of Civil Court, and may for the purpose of serving and notice or issue of any, process or doing any other such thing, be entitled to employ, with the consent of the Magistrate of the district, any peon or other officer or clerk, attached to the Court of the Magistrate of the district. 

(2)              An order for costs, or an order for the realisation of security bond for costs, passed by the Tribunal may be sent by that Tribunal for execution to the Collector of a District within which the Municipality concerned is situated and an orders sent shall be executed by the Collector in the same manner as if it was an order passed by the Collector under the Tenancy Law in force in the district or part of the district, as the case may be.

Finding of Tribunal Court

 
24.     (1)  If the Tribunal, after making such inquiry as it deem necessary finds in respect of any person whose election is called in question by a petition that his election was valid, it shall dismiss the petition as against such person and  may award costs at its direction.

(2)              If the Tribunal finds that the election of any person was invalid, it shall either –

(a)               declare a casual vacancy to have been created; or

(b)              declare another candidate to have been duly elected, which ever course appears in the particular circumstances of the case the more appropriate, and in either case, may award costs at its discretion.

(3)              In the event of the Tribunal declaring a casual vacancy to have been created, it shall direct the Magistrate of the district or other authority prescribed in this behalf to take proceedings for filling the vacancy.

Avoidance of election proceedings

 
25. Notwithstanding anything contained in the preceding section, if the Tribunal, in the course of hearing of an election petition, is of opinion that the evidence discloses-

(i)     that corrupt practices have prevailed at the election proceeding in question to such an extent as to render it advisable to set aside the whole proceedings; or          

(ii) the result of election has been materially affected by any non- compliance with this Act or any rules made thereunder or by any mistake in the forms required thereby or by any error, irregularity or informality on the part of any officer charged with or carrying out any duty  under this Act or rules made thereunder; or

          (iii)     the result of election has been materially affected by improper acceptance or refusal of a candidate’s nomination; it shall set aside the whole proceedings and pass an order to this effect and shall direct the Magistrate of the district or other authority prescribed in this behalf to take measure for holding fresh election proceedings and if the election is set aside for any cause which is the result of acts of a candidate or his agent, may declare that the candidate to be disqualified for the purpose of such fresh election .

          Explanation – In this section the expressions “the election proceedings in question” and “the whole proceedings” shall mean all proceedings  (inclusive of nomination and declaration of election) taken in respect of a single poll in any Municipality .

Disqualification for corrupt practice

 
26.     – The Tribunal may declare any candidate, found to have committed any corrupt practice under the preceding section, to be incapable for any period not exceeding five years of being elected as a member of the municipality or of being appointed or retained in any office or place in the gift, disposal, pay or service of the municipality :

Saving of acts done by a Councillor before his election is set aside

 
Provided that disqualification under this section may be removed by an order of the Governor in this behalf.

27.            Where a candidate, who has been elected to be a councillor of a municipality is declared by the Tribunal not to have been duly elected, acts done by him in execution of the office, before the time when the decision is certified to the municipality, shall not be invalidated by reason of that declaration.

Corrupt practices

 
 28.    A person shall be  deemed to have committed a corrupt practice who directly or indirectly by himself or by any other person –

(a)               induces, or attempts to induce by fraud, intentional misrepresentation, coercion or threat of injury, any voter to give or to refrain from giving a vote in favour of any candidate;

(b)              with a   view to inducing any voter to give or to refrain from giving a vote in favour of any candidate or in consideration of any voter having voted or refrained from voting for any candidate, offers or gives any money or valuable consideration or any place or employment or holds out any promise of individual advantage or profit to any person including a promise of spiritual salvation;

(c)               induces or attempts to induce candidates or voter to believe that he or any person in whom he is interested will become or will be rendered an object or divine  displeasure or of spiritual censure with a view to influencing him in any way in connection with the election;

(d)              employs, instigates or threatens any form of social boycott of any voter or candidate or of any one in whom such voter or candidate is interested;

(e)               gives or procures the giving of a vote in the name of a voter who is  not the person giving such vote;

(f)                 makes or promises to make any payment to any person whomsoever on account of the conveyance of any elector to or from any place for the purpose of recording his vote or hires, employs, borrows or uses  for the purpose of election any boat, vehicle or animal usually kept for letting on hire or for convenience of the passengers by hire except for carrying himself or his agents and messengers. Provided that nothing contained in this clause shall prevent a conveyance being hired by a voter or several voters at their joint cost for the purpose of  conveying him or them to or from the poll;

(g)               offers any money or valuable consideration to any person to induce him to withdraw from being a candidate at an election or being a candidate accepts any money or valuable consideration so offered;

(h)              abets within the meaning of the Indian Penal Code XLV of 1860 the doing of any of the acts specified in clauses (a),(b),(c),(d),(e),(f)and (g).

Explanation – (I) “A promise of individual advantage or profit to a person” includes a promise for the benefit of the person himself or of any one in whom he is interested, but does not include a promise to further purpose or to vote for or against any particular municipal measure or work;

(ii)      No agent, clerk, messenger or other person, who may in accordance with prescribed rules, be employed for remuneration by a candidate at an election shall, by reason of such employment alone, be deemed to come within the provisions of the section;

(iii)     A corrupt practice shall be deemed to have been committed by a candidate if it has been committed with his knowledge or consent or by a person who is acting under the general or special authority of such candidate with reference to the election;

(iv)     Every person, who is guilty of a corrupt practice at, or in connection with an election, held under the provisions of this Act shall be punishable with imprisonment which may extend to six months or with fine or with both.

Person convicted of election offences disqualifiedfor voting and for being elected

 
29.     Every person convicted of an offence punishable under this Chapter of under Chapter IX-A of the Indian Penal Code XLV of 1860, shall be disqualified from voting or from being elected in any election to which this Act applies or from holding the office of the councillor of a municipality for a period of four years from the date of his conviction or for such shorter period as the court may by order determine.

Offences in respect of electoral rolls

 
30.     (1) Every person who by claiming a qualification which the knows that he does not posses to vote  at a municipal election or by using false document or by a false declaration or by any other deceitful means procures or attempts to procure, the improper entry of the name whether of himself or of any other person in the electoral roll or the improper omission of any name therefrom shall be punishable with imprisonment which may extend to three months or with fine or with both.

(2)              Every municipal officer or servant or Polling Officer, [or any other Officer, whether designated as Election Officer or otherwise , engaged in or associated with the work of  preparation of electoral rolls  pursuant to Section  13  of this Act]¹ who wilfully makes or procures or attempts to make or procure any improper entry in the electoral roll or any improper omission therefrom shall be punishable with imprisonment which may extend to six months or with fine or with both.

Falsifying result of election

 
31.     (1)     Every person, who in the course of electoral operations, falsifies or attempts to falsify the record of an election by removing, destroying, altering or fabricating nomination papers or voting papers or by any other act or by an omission, shall be punishable with imprisonment which may extend to one year or with fine or with both.

Fraudulent voting  & personation

 
32.     (1) Every person, who applies for a ballot paper at an election, having already voted once at the same election and in any electoral ward on knowing that his name is not included in the electoral roll shall be punishable with imprisonment which may extend to six months or with fine or with both. 

(2)  Every person who applies for a ballot paper in the name of any other person, living or dead, or of fictitious person shall be punishable with punishment provided in sub-section (1).

Infringement of secrecy of election

 
33.     Every Polling Officer, clerk or other person, in attendance at the polling station who, except for some purpose authorised by law, communicates to any person information, showing directly for which candidate any voter as voted, and every person who by improper means procure any such information, shall be punishable with imprisonment of either description for a term which may extend to six months or with fine or with both.

Offences by Polling Officer

 

34.            Every Polling Officer, who permits a person to vote knowing that such person is not entitled  to vote or who prevents a person from voting, knowing that such person is entitled to vote, shall be punishable with imprisonment which may extend to six months or with fine or with both.

1. Inserted vide the Orissa Municipal (Amendment Act), 2002(  published in extra-ordinary Orissa Gazette No.566 dtd.26.04.2002.

Procedure before Magistrate

 
35.     No Magistrate, other than a Magistrate of the first class, shall take cognizance of any offence punishable under Sections 28, 30, 31, 32, 33 and 34 nor shall any Magistrate take cognizance of such –

(a)               except on the complaint of a person whose name is on the electoral roll;

(b)              unless such complaint has been made within fourteen days of the date of the declaration of the result of any election to which the offence relates or within seven days of the date on which the offence is alleged to have been committed; and

(c)               except in the case of an offence punishable under sections 31,33 and 34 unless the person complaining shall have deposited fifty rupees.

The deposit mentioned in clause (c) shall be refunded to the complainant, if the complaint is found to be true or if for any other reason, the Magistrate so directs .

Bar to interference by Courts in election matters

 
37.     No election of a Councillor shall be called in question in any Court except under the procedure provided by this Act and the rules if any made thereunder and no orders passed by the Tribunal in any proceeding under this Chapter for hearing of an election petition shall be called in question in any Court and  no Court shall grant an injunction –

(i)                 to postpone an election of a Councillor; or

(ii)      to prohibit a person, declared to have been duly elected under this Act, from taking part in the proceedings of the Municipality of which he has been elected a councillor ; or

(iii) to prohibit a councillor formally elected to a municipality from entering upon his duties.

Protection of action  taken in good faith

 
[37-A.          No suit, prosection or other legal proceeding shall lie against the Election Commission or any person acting under the direction of the Election Commission  in respect of any thing which is  in good faith done or intended to be done in pursuance of the foregoing provisions of this chapter  or of any order  made thereunder  or in respect of tendering of any opinion by the Election Commission to the Governor or in respect of  the Publication, by or  under the authority  of the Election Commission, of any such opinion,  or any paper or proceedings.]¹

1. Inserted vide the Orissa Municipal (Amendment Act), 2002(  published in extra-ordinary Orissa Gazette No.566 dtd.26.04.2002.

District Judge to decide question of disqualification of councillors

 
38.     (1) Whenever it is alleged that any person, who has been elected as Councillor is disqualified under Section 16 or 17 and such person does not admit the allegation or whenever any Councillor himself is in doubt, whether or not he has become disqualified for office under section 16 or 17, such Councillor or any other Councillor may, and the Chairperson at the request of the Council  shall apply to district judge of the district  in which the Municipality is situated,

(2)              The said Judge after making such inquiry as he deems necessary shall determine whether or not such person is disqualified under Section 16 or 17 and his decision shall be final.

(3)              Pending such decision, the councillor shall be entitled to act as if he were not disqualified.

CHAPTER IV

Removal, Resignation and Term of Councillors

A Removal of Councillor by Government

 
38 (1) Without prejudice to the provision contained in the foregoing section, the State Government may remove any Councillor if they are satisfied that he has become subject to any of the disqualifications specified in Section 17 :

          Provided that no order for removal shall be made without giving the Councillor an opportunity of showing cause against proposed removal :

          Provided further that no such order shall be made in cases where an application in respect of the said Councillor made under Section 38 on the same ground as aforesaid, is pending or where any such application having been made has been finally disposed of under the said section.

(2)              Any Councillor against whom an order of removal is made under sub-section (1) may within thirty days of such order, prefer an appeal before the District Judge of the district in which the municipality is situate.

Publication of names

 
39.     The names of Councillors of every municipality including its Chairperson and Vice-chairperson shall be published in the Gazette.

40.           

No Councillor to receive remuneration

 
No Councillor shall receive or be paid from the funds at the disposal of or under the control of such municipality any salary or other remuneration for services rendered by him in any capacity whatsoever but shall be allowed travelling allowance as prescribed:

Provided that the Chairperson and Vice-chairperson may receive such monthly allowances as may be prescribed.

Term of Office of Councillors

 
Provided further that the councillors, Chairperson and the Vice-chairperson may receive such sitting allowances as may be prescribed.

41.  (1) Save as otherwise provided in this Act -

          (i) a Councillor whether elected at a general election, or nominated, to a municipality shall hold office for five years from the date appointed for the first meeting of the Municipality as referred to in clause (a) of sub-section(2) of section 47;

          (ii)      a Councillor elected at a bye-election or elected or nominated against a casual vacancy in a Municipality shall hold office for the unexpired period of the term of office of the Councillor in whose place he has been so elected or, as the case may be, nominated.

(2)              An outgoing Councillor, if otherwise qualified, shall be eligible for re-election.

(3)              Whenever the number of Councillors of an existing Municipality is increased as a result of increase in the number of wards thereof, the additional Councillor or councillors elected for the purpose shall, save as otherwise provided, continue till the expiry of the term of office of the other Councillors of the Municipality as provided in sub-section(1).

Procedure when no councillor is elected at an election

 
42.     (1) If at a general election or bye-election to a municipality referred to in Section 41 no councillor is elected, a fresh election shall be held by such authority on such date and in such manner as may be prescribed in that behalf.

(2)              If at such fresh election no councillor is elected, the State Government shall nominate a person to fill the vacancy.

(3)              The term of office of a councillor elected or nominated under this section shall expire at the time at which it would have been elected at the general election or bye-election, as the case may be.

43.           

Resignation of  Councillor

 
 (1) A councillor not being the Chairperson or Vice-Chairperson may resign his office by writing under his hand addressed :-

(a)               if he is an elected Councillor, to the Chairperson  who shall place the letter of resignation before the Municipality at its next meeting of which notice shall be given to the Councillor; and

(b)              if he is a nominated Councillor;  to the State Government

(2)              On the resignation being accepted –

(a)               by the Municipality, in the case of an elected Councillor; and

(b)              by the State Government, in the case of a nominated Councillor the Councillor shall cease  to hold office with effect from the succeeding date  of such acceptance :

Provided that the Councillor may, at any time before the acceptance of the resignation, withdraw the same by writing under his hand.

Vacation of office by Councillor

 

44.             A councillor of a Municipality shall be deemed to have vacated his office on the expiry of his term of office as, or on his otherwise ceasing to be, a councillor of that Municipality or on being elected or nominated as a councillor of any other Municipality.

45.           

Casual vacancies

 
If a councillor, elected or nominated ceases to be a councillor of a municipal area by reason of his death, resignation, removal or otherwise the vacancy so caused shall be filled by the election or nomination, as the case may be of another councillor in the manner prescribed.

46.           

Power to leave casual vacancies unfilled in certain areas-(1)

 
  Where a vacancy occurs in the Office of a councillor by reason of death, resignation, removal or otherwise and the term of office of that councillor would, in the ordinary course of events, have terminated within six months of the occurrence of the vacancy, the State Government may direct that the vacancy be left unfilled until the next general election.  

CHAPTER V

Election of Chairperson and Vice-Chairperson

47.           

Election of Chairperson and Vice-Chairperson

 
(1) Every Municipality shall have a Chairperson and a vice-Chairperson.

(2)              The Councillors of the Municipality, specified in clause (a) of Section 8 shall –

(a)               at the first meeting of the Municipality, which shall be convened soon after the publication of their names under sub-section (2) of Section 10, elect in the prescribed manner a Chairperson from among them ;

(b)              at a subsequent meeting, which shall be specially convened for the purpose at the instance of the Chairperson so elected as soon as may be, but not later than thirty days, after the date of election of the Chairperson elect a Vice-Chairperson of the Municipality from among them ;

Provided that where the office of the Chairperson of a Municipality is not reserved under sub-section (3) for women or where the Chairperson elected under this Act is not a woman, the office of the Vice-Chairperson of the Municipality shall be reserved for woman.

(3)              Notwithstanding anything to the contrary in Sub-section (1) –

(a)               office of Chairperson in the Municipalities shall be reserved for the Scheduled Castes and the Scheduled Tribes and the number of offices so reserved for the Scheduled Castes and the Scheduled Tribes shall bear, as nearly as may be, the same proportion to the total number of such offices as the population of the Scheduled Castes and the Scheduled Tribes respectively in the Municipal areas of  State bears to the population of such Municipal areas;

(b)              as nearly as may be one-third of the total number of seats reserved under clause (a) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes ; and

(c)               As nearly as may be one-third including the number of offices reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the backward class of citizens of the total number of offices of Chairperson in the Municipalities shall be reserved for women ; and

(d)              As nearly  as may be, but not less than, twenty-seven percentum of the offices of Chairpersons of Municipalities shall also be reserved in favour of backward class of citizens as referred to in clause (6) of Article 243-T of the Constitution; and

(e)               As nearly as may be, one-third of the total number of seats reserved under clause (d) shall be reserved for women belonging to the backward class of citizens.

(4)              Reservation of offices of Chairperson under Sub-section (3) shall be made by the State Government by rotation among different Municipalities in the prescribed manner and shall be published in the Gazette :

Provided that the procedure provided in sub-section (3-A) of section 12 relating to reservation of seats in the Municipalities for the Scheduled Castes, Scheduled Tribes, Backward Class of Citizens and women shall, as far as may be, be applicable for the purpose of reservation of offices of Chairpersons to be made by the State Government under this Sub-section; and

          (5) The reservation of offices of Chairpersons (other than reservation for women and backward class of citizens) under sub-section (3) shall cease to have effect on the expiration of the period specified in article 334 of the Constitution.

 (6) If at an election under Sub-section (2)-

(a)               no Chairperson is elected, a fresh election shall be held within thirty days from the date of the first election ; or

(b)              no Vice-Chairperson is elected, a fresh election shall be held within thirty days from the date of the first election.

[(7)If at the subsequent election held under sub-section (6) no Chairperson or Vice-chairperson, as the case may be, is elected, the State Government shall nominate a person who is otherwise eligible to hold the office , to  fill the office,  and the person so nominated shall , subject to other provisions of this Act, hold office  till the expiry of five years from the date appointed for the first meeting referred to in clause (a) of Sub-section (2) of Section 47.]¹

48.

Vacation of the office by Chairperson and Vice-Chairperson

 
 The Chairperson or the Vice-Chairperson of a Municipality shall be deemed to have vacated his office –

(a)               on the expiry of his term of office as, or on his otherwise ceasing  to be a Councillor of that Municipality; or

(b)              on his election or nomination as a Councillor of any other Municipality .