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The ODISHA MUNICIPAL COUNCILS (POSTPONEMENT OF ELECTIONS) ACT, 1985

Odisha · state statute
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*THE ORISSA MUNICIPAL COUNCILS
(POSTPONEMENT OF  ELECTIONS) ACT, 1985
Orissa Act 5 of 1985
[Received the assent of the Governor on the 20th April 1985, first published in an
extraordinary issue of the Orissa Gazette, dated the 23rd April, 1985]
AN ACT TO PROVIDE FOR THE POSTPONEMENT OF ELECTIONS TO CERTAIN
MUNICIPAL COUNCILS OF THE STATE
Be it enacted by the Legislature of the State of Orissa in the Thirty-sixth
Year of the Republic of India, as follows:-
1.  (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.
2.  (1) In this Act, unless the context 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.
3.  Notwithstanding anything cont ained in the Municip al Act or in any
rules made or order issued thereunder:-
(a) all proceedings or actions, excepting those actions taken for
delimitation of words and reservation of seats 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 Schedule appended hereto are
hereby cancelled; and
* Published vide Orissa Act 5 of 1985
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. Date : 23rd April, 1985
 Short title and
commencement.
Definitions
Postponement
of general
election in
Municipal
Councils.
Orissa Act
23 of 1950
2
(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, be deemed to be
a general election held under the said Act.
4.  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 S tate
Government, till the succeeding elected Council and its Chairman take office or
the 31st December, 1985, whichever is earlier.
5.(1) Thepuri Municipal Council (Holdingof Election and Validation) Act,
1984 and the Orissa municipal Councils (Postponement of Election No.2)
ordinance, 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.
SCHEDULE
Sl. No. Name of the Council Persons or body of persons
empowered to exercise powers and
perform the duties of Council and
Chairman
(1) (2) (3)
1 Banki Notified Area Council Subdivisional Officer, Banki
2 Bhadrak Notified Area Council Subdivisional Officer, Bhadrak
3 Jaleswar Notified Area Council Subdivisional Officer, SadarBalasore
4 Kavisuryanagar Notified Area
Council Subdivisional Officer, Chatrapur
5 Aska Notified Area Council Subdivisional Officer, Bhanjanagar
6 Barpali Notified Area Council Sundivisional Officer, Baragarh
7 Brajarajanagar Notified Area
Council Subdivisional Officer, Jharsuguda
8 Patnagarh Notified Area
Council Subdivisional Officer, Patnagarh
9 Gunupur Notified Area Council Subdivisional Officer, Gunupur
10 Joda Notified Area Council Subsivisional Officer, Ghampua
11 Bolangir Municipal Council District Magistrate, Bolangir
Performance of
the duties of
Council and
Chairman
 Repeal and
savings Orissa Act
22 of 1984
Ordinance
No. 15 of
1984
3
12 Purl Municipal Council District Magistrate, Purl
13 Barbil Municipal Council Subdivisional Officer, Ghampua
14 Rourkela (Civil Township) Council appointed in H.&U.D.
Notified Area Council Department, Notifications No. 49888-
H.&U.D., dated the 22nd November
1983 read with No.43564-H.U.D., date
the 22nd November 1984.
____

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