The BHUBANESWAR MUNICIPAL COUNCIL (POSTPONEMENT OF ELECTION AND VALIDATION) ACT, 1990

The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 2034 OCTOBER 20, 2012
Short title,
extent and
commencement
Definations
Orissa Act
23 of 1950
Orissa Act
9 of 1948
ORISSA  ACT 15 OF 1990
1[THE BHUBANESWAR MUNICIPAL COUNCIL
(POSTPONEMENT OF ELECTION AND VALIDATION)
ACT, 1990]
(Secs. 1-3)
[Received the assent of the Governor on the 3rd July 1990, Fist published
in an Extraordinory issue of the Orissa Gazette, dated the 7th July 1990.]
AN ACT TO PROVIDE FOR THE POSTPONEMENT OF ELECTION
OF THE BHUBANESWAR MUNICIPAL COUNCIL AND
VALIDATION OF CERTAIN ACTIONS AND FOR
MATTERS  INCIDENT AL THERETO OR
 CONNECTED THEREWITH.
1. (1) This Act may be called the  Bhubaneswar municipal council (Postponement
of Election and Validation) Act, 1990
(2) It shall be deemed to have come into force on the 1st day of January, 1989.
 2. In this Act, unless the context otherwise requires,-
(a) "Municipal Act" means Orisss Municipal Act, 1950 ;
(b) "Municipal Council" means a Municipal Council constituted under
the Municipl  Act;
(c) words and expressions used herein and not defined in this Act but
defined  in the Municipal Act, shall have the same meanings, respectively
assigned to them in the, Municipal Act.
3. Notwithstanding anything contained in to Municpal Act or in any rules or
orders made or issued thereunder or in the   Orissa municipal council (Postponement of
Election and Validation) Act, 1948.
 (a) the election for reconstitution of the Bhubaneswar Municipal Councii
shall be held in accordan with the provisions of the Municipal Act and
the rules made tbcreunder on such date, not being Later than the 31st
December, 1990, as the State Government may, by notification, direct
and the Municipal Council so reconstituted shall, for all intents and
Postponement
of election
validation of
actions and
consequences
1. For Statement of objects and reasons see Orissa, Gazette extraordinary, dated the the 1st june 1990 (No.710)
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purposes, be deemed to have been coostituted under and bc governed
by the provisions of tho Municipal Act:
b) the omission on the part of the Special officer appointed under sub-
section (1) of Section 423 of the Municipal Act   for not holding the
election to the said Municipal Council within the required time shall not
be Called in question in any court of law or othewise open to challenge
merely on thc ground that the Speclal  Officer did not act in accordance
with law, and
(c) all actions taken, things done or orders passed by the  said Special officer
under the belief or purported belief that the election to the said Municipal
council was validly postponed shall, for all intents and purposes, be
deemed to have been validly taken, done or made, as the case may be,
and no such action, thing or order shall be called in question in any court
of law or otherwise open to challenge merely on the ground that  the
election to the said Municipal Council was not validly postponed.
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