The ODISHA MUNICIPAL ACT, 1950

THE ORISSA MUNICIPAL ACT, 1950
1(Orissa Act 23 of 1950)
An Act to Consolidate and amend the law relating to
Municipalities in the State of Orissa;
WHEREAS it is expedient to consolidate and amend the law relating to
Municipalities in the State of Orissa; it is hereby enacted as follow :
CHAPTER - ICHAPTER - ICHAPTER - ICHAPTER - ICHAPTER - I
PRELIMINARY
1. Short title, extent 2[, commencement and application]:– (1) This Act may
be called 1[the Orissa Municipal Act, 1950]
(2) It shall extend to the whole of the State of Orissa.
(3) It shall come into force 2in 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 not take effect
in any Cantonment or part of a Cantonment.
(5) Any notification, order or rule and any appointment to an of fice, may be
made or election held under this Act, after it shall have received the assent of the
Government and shall take effect on this Act coming into force.
3[(6) Nothing in this Act shall apply to the Scheduled Areas referred to in clause
(1) of Article 244 of the Constitution.]
1. Legislative Papers - For statement of Objects and Reasons see Orissa Gazette, Extraordinary, dated
25.03.1950, for Report of Select Committee see ibid, dated the 29.07.1950. pp. 1-20 and for Proceedings
in the Assembly, see proceedings of the Orissa Legislative Assembly, 1950, Vol. XII, p. 1361-1362;
assented to on 1 1.11.1950.
2. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.
3. Inserted by the Orissa Act 11 of 1994 w.e.f. 31.05.1994.
F:\Final Law Book (English)\ Municipal Corporation Manual\
Municipality Act\The Orissa Municipal Act, 1950.pmd
2st Proof-Dt. 11.09.2008
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
2 THE ORISSA MUNICIPAL MANUAL
2. Enactments 1repealed and amended:–  On and from the date this Act comes
into force in any local area or areas the enactments specified in Schedule I and Schedule
II so far as they are in force in the S tate of Orissa, shall be repealed to the extent
mentioned in the third column of Schedule I and be amended to the extent and in the
manner mentioned in the third column of Schedule II.
But this repeal shall not receive any office, authority or thing abolished by such
enactment or affect the validity of anything which has been done or suf fered or any
right, obligation or liability which has accrued before the commencement of this Act.
3. Definitions :–  In this Act, unless there is anything repugnant in the subject or
context–
2[(1) 'Assembly Constituency' shall have the same meaning as has been assigned
to it in the Representation of the People Act, 1950(43 of 1950);]
2[(1-a)] 'building' includes a house, outhouse, stable, latrine, shed, hut, wall
(other than a boundary wall not exceeding ten feet in height) and any other such structure,
whether of masonry, brick, wood, mud,metal or any othe material whatsoever'
(2) 'building line' means a line which is in rear of the road alignment and to
which the main wall of a building, abutting on a road, may lawfully extend;
(3) 'carriage' means any wheeled vehicle with springs or other appliances acting
as springs,which is used for conveyance of human beings and includes any kind of
bicycle, tricycle,rickshaw, cycle-rickshaw, but does not include a motor vehicle within
the meaning of the Motor Vehicle Act, 1939(IV of 1939);
(4) 'cart' means a vehicle ordinarily drawn by animals and not ordinarily used
for the conveyance of human beings;
(5) 'conservancy' means the removal and disposal of sewage, offensive matter
and rubbish;
(6) 'company' means a company formed and registered under 3[the Companies
Act, 1956 (1 of 1956)] or an existing company as defied in the said Act and includes
any farm or association carrying on business in the State of Orissa whether incorporated
or not whether its principal place of business is situated in the said State or not;
(7) 'compound' means land whether enclosed or not, which is the appurtenance
of a building or the common appurtenance of several buildings;
4[(7-a) 'Director' means the Director of Municipal Administration appointed
under Section 393-A];
1. (a) It came into force on the following areas on the 16.04.1951 - vide notification NO. 3001-L.S.G .,
dated the 16.04.1951, published in the Orissa Gazette-Extraordinary of the even date.
Areas- Cuttack, Jajpur , Bhawanipatna, Puri, Berhampur , Talcher, Balasore, Paralakhemundi,
Dhenkanal, Sambalpur, Baripada, Keonjhar, Kendrapara, Bolangir, Deogarh, Sonepur and Sundargarh.
(b) It came into force in Bar garh and Jeypore on the 28.08.1951- Vide notification No. 5117-L.S.G.,
dated 28.08.1951, published in the Orissa Gazette, Pt. III. pp. 1094-95
2. Clause (1) is renumbered as clause (1-a) and before clause (1-a) as so renumbered clause (i) is inserted
by the Orissa Act 16 of 1968, w.e.f. 01.08.1968. Note- The Orissa Municipal (Amendment) Act, 1968
(Orissa Act 16 of 1968) came into force w.e.f. 01.08.1968- Vide Notification No. 13258 - Spl. 36/68
(Part II)-U.D., dated 31.07.1968-Orissa Gazette Extraordinary , dated 31.07.1968 (858).
3. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.
4. Inserted by the Orissa Act 16 of 1968, w.e.f. 01.08.1968.
3THE ORISSA MUNICIPAL ACT, 1950
(8) 'drain' includes a sewer, a house-drain, a drain of any other description, a
tunnel, a culvert, a ditch, a channel and any other device for carrying of sewage, offensive
matter, rain-water or sub-soil water;
1[(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];
(9) 'filth' includes sewage, night-soil, dung,dirt, putrid and putrefying substance
and all offensive matter;
1[(9-a) 'Finance Commission' means the Finance Commission consituted by
the Governor under Article 243-I of the Constitution.]
(10) 'Food' includes every article used for food or drink by man, other than,
drugs or water and any article which ordinarily enters into or is used in the composition
or perparation of human food, and includes ice, flavouring matters and condiments;
(11) 'holding' means land held under one title or agreement and surrounded by
one set of boundaries:
Provided that– Where two or more adjoining holdings from apart and
parcel of the site or premises of a dwelling-house manufactory, ware-house or
place of trade or business, such holdings shall be deemed to be one holding for
the proposes of the Act.
Explanation - Holdings separated by a road or other means of communication
shall be deemed to be adjoining within the meaning of this proviso;
(12) 'house-gully' means a passage or strip of land, constructed set apart or
utilised for the purpose of serving as a drain or af fording access to a latrine, urninal,
cesspool or other receptacle for filthy or polluted matter to municipal servants, or to
persons employed in the cleansing thereof or in the removal of such matter therefrom
and includes the air-space above such passage or land;
(13) 'house' means a building fit for human occupation whether as a residence
or otherwise, having a separate principal entrance from the common way and includes
any shop, workshop or ware-house;
(14) 'hut' means any building, which is constructed principally of wood, mud,
leaves, grass or thatch and includes any temporary structure of whatever size, or any
small building of whatever material made, which the Municipality may declare to be a
hut for purpose of this Act;
(15) 'latrine' includes privy, water-closet and urinal;
2[(15-A) 'Local Fund Service' means the Local Fund Service constituted under
Section 81;]
(16) 'the magistrate of the district' means the District Magistrate and includes
any Magistrate suboridnate to the District Magistrate to whom he may delegate all or
any of his powers under this Act;
1. Inserted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.
2. Inserted by the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published in Orissa Gazetted, Extraordinary,
No. 566, Dt. 26.04.2002
4 THE ORISSA MUNICIPAL MANUAL
(17) 'market' includes any place where persons daily or periodically assemble
for the sale of meat, butter, ghee, fish, fruit, vegetable or livestock;
1[(17-a) 'Municipal area' means the territorial area of a Municipality;]
1[(17-b)'Municipality' means a Notified Area Council or a Municipality or a
Municipal Corporation;]
(18) 'nuisance' includes any act, omission, place or thing which causes or is,
likely to cause injury , danger, annoyance or of fence to the sense of sight, smell or
hearing or which is or may be dangerous to life or injurious to health or property;
(19) 'occupier' includes any person for the time being paying or liable to pay to
the owner the rent or any portion of the land or building or part of the same in respect
of which the word is used;
(20) 'owner'  includes–
(a) the person for the time being, receiving or entitled to receive whether on
his own account, or as agent, guardian, manager or receiver for another
person on for any religious or charitable purpose, the rent or profits of the
property in connection with which the word is used; and
(b) the person for the time being in char ge of the animal or vehicle, in
connection with which the word is used;
(21) 'Offensive matter' means dirt, dung, putrid or putrefying substances, and
filth of any kind not included in the term 'filth'
1[(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 ]
(22) 'Part of a building'  includes any wall, under ground room or passage,
verandah, fixed platform, plinth, staircase or door step attached to or within the compound
of an existing building or constructed on ground which is to be the site or compound of
a projected building;
(23) 'Platform' means any structure which is placed on or covers or projects
over any road or any open drain;
1[(23-a) 'Population' means the population as ascertained at the last preceding
census of which of the relevent figures have been published;]
(24) 'Prescribed' means prescribed by rules made under this Act;
(25) 'Private market' means a market other than a public market;
(26) 'Public market' means all markets which are acquired, constructed, repaired
or maintained out of the Municipal Fund consituted under Section 114;
(27) 'Private road' means any street, road, square, court, alley, passage or riding
path which is not a 'public road' but does not includes a pathway made by the owner of
premises on his own land to secure access to or the convenient use of such premises;
1. Inserted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.
5THE ORISSA MUNICIPAL ACT, 1950
(28) 'Public health' includes water supply, conservancy, drainage and any other
measure for the improvement of the sanitation and prevention of public nuisance;
(29) 'Public road' means by street, road, square, court, alley, passage or riding
path over which the public have a right of way , whether a thoroughfare or not, and
includes–
(a) the roadway over any public bridge or causeway;
(b) the footway attached to any such road, public bridge or causeway;and
(c) the drains attached to any such road, public bridge or causeway and the
land whether covered or not by any pavement,verandah or other structure,
which lies on either side of the roadways up to the boundaries of adjacent
property whether that property is private property or property belonging
to the State;
(30) 'Public water courses, spring wells and tanks' include those used by the
public to such and extent as to give a prescriptive right to such use;
(31) 'reconstruction of a building' includes–
(a) the erection wholly or partially of a building after more than one half of its
cubical contents has been taken down or burnt down, or has fallen down
whether at one time or not;
(b) the re-erection wholly or partially of any building of which an outer wall
has been taken down or has burnt down or has fallen down to,or within ten
feet of the ground adjoining the lowest storey of the building, and of any
frame building which has so far been taken down or burnt down or has
fallen down as to leave only the framework of the lowest storey;
(c) the conversion into a dwelling-house or a place of public worship of any
building not originally constructed for human habitation of for public
worship, as the case may be, or the conversion into more than one dwelling-
house of a building originally constructed as one dwelling-house only or
the conversion of a dwelling-house into a factory;
(d) the re-conversion into a dwelilng-house or place of public worship or a
factory or any building which has been discontinued as, or appropriated
for any purpose other than a dwellling-house or of a place of public worship
or a factory, as the case may be;
(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;and
a person is not deemed to cease to reside in any such house merely because he is absent
from it or has elsewhere another dwelling in which he resides if he is at liberty to return
to such house at any time and has not abandoned his intention of returning;
(33) 'rubbish' means dust, ashes, broken bricks, mortar, broken glass and refuse
of any kind which is not 'filth'
6 THE ORISSA MUNICIPAL MANUAL
(34) 'Scavenger' means a person employed in collecting or removing filth, in
cleansing drains or slaughter-houses or in driving carts used for the removal of filth;
(35) 'road-alignment' means a line dividing the lands comprised in and forming
part of a road from the adjoining land;
(36) 'water-courses' includes any river, stream or channel whether natural or
artificial;
(37) 'year' means the financial year.
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1 to 67. [* * *]
1[68. General amendments–
In the principal Act, for the expressions–
(a) 'municipality' and 'municipalities' wherever they occur conveying the
meaning of an area or areas, as the case may be, the expressions 'municipal
area' and 'municipal areas' shall respectively be substituted;
(b) 'council and 'councils' wherever they occur, the expressions, 'municipality'
and 'municipalities' shall respectively be substituted;and
(c) 'municipal council' and 'municipal councils' wherever they occur, the
expressions, ' municipality' and 'municipalities' shall respectively be
substituted;
(d) 'Chairman' and 'Vice-Charman' wherever they occur, the expressions,
'Chairperson' and 'Vice-Chairperson' shall respectively be substitued.]
––––––––
1. Section 68 of the Orissa Municipal (Amendment) Act, 11 of 1994, w.e.f. 31.05.1994 is given here.
7THE ORISSA MUNICIPAL ACT, 1950
CHAPTER - IICHAPTER - IICHAPTER - IICHAPTER - IICHAPTER - II
CONSTITUTION OF  MUNICIPALITIES
1[4. Constitution of municipality– (1) There shall be constituted by the State
Government–
(a) a Notified Area Council for every transitional area;
(b) a Municipality 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 lar ger 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.
2[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 suf ficient 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 every
Municipality constituted prior to, and existing at, the commencement of
1. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.
2. Inserted by Orissa Act 10 of 1994, w.e.f. 19.05.1997
8 THE ORISSA MUNICIPAL MANUAL
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 it Chairperson and Vice-
Chairperson) and every Municipality (including 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 a 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
subsequently specified;
(ii) the Municipality for the existing smaller urban area shall be deemed
to be the Municipal Corporation for the lar ger urban area so
subsequently specified;
(iii) the Chairperson, Vice-Chairperson and other members of the
existing Notified Area Council 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 Council
shall develope upon the deemed Municipality or, as the case may
be, that of the existing Municipality shall develope upon the deemed
Municipal Corporation;
(v) the provisions of this Act and of the rules, bye-laws, notification or
orders made thereunder which were in force throughout such
transitional area, or as the case may be, the municipality shall apply
to the territorial of such deemed Municipality or, as the case may
be, deemed Municipal Corporation;
(vi) the proceeding commenced, if any, for reconstitution of the exiting
Notified Area Council or, as the case may be, existing Municipality
shall continue as if such proceedings were commenced in relation
to the deemed Municipality or, as the case may be deemed Municipal
Corporation.]
9THE ORISSA MUNICIPAL ACT, 1950
1[5. Application of Act and subsidiar y orders in ar eas included within a
municipality :– When any local area is included in a municipality by a notification
referred to in sub-section (2) or 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 municipality shall be deemed to apply to such
local area, unless it is otherwise directed in and by the said notification.]
1[6. Continuance of Act and subsidiary orders in municipalities formed by
division :– When any municipality 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 municipality shall be deemed to be in force in the same part of the
Municipalities formed by such division, unless it is otherwise directed in and by the
said notification.]
7. Abolition of Municipalities– (1) The 1[Governor] may by notification abolish
any municipality to which this Act applies :
Provided that–
(a) The 1[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 it explanations and objections, if any;
(b) the notification shall contain a statement of the 1[Governor's] reasons.
(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.
1[8. Compositions of Municipalities :– Every Municipality shall be composed
of the following Councillors, namely–
(a) one Councillor elected directly from every ward within the municipality;
(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][;
1. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.
10 THE ORISSA MUNICIPAL MANUAL
1[(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 State registered as
elector within the Municipal area:
Provided that  no such member shall have the right to attend any meeting
of the Municipality convened under Sections 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 authorise
a person to attend such meeting as his representative but, in no case, the
representative so authorised shall have the right to vote at such meeting.]
9. Incorporation of Municipality :–  2[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.
2[10. Manner of election of Councillors :– (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 Election Symbols (Reservation and allotment) Order, 1968; and
(c) 'Political Party'  means a 'National Party' or, as the case may be, a '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.]
2[11. Reservation of seats for Scheduled Castes, Scheduled Tribes, Women
and backward class of citizens :– (1) There shall be reserved, by the 3[District
Magistrate], seats in every Municipality for the Scheduled Castes and the 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
1. Semi-colon is substituted for full stop at the end of proviso to clause (b) and clause (c) is insterted by
the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published in Orissa Gazette, Extraordinary, No. 566, dt.
26.04.2002.
2. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.
3. Substituted by the Orissa Act 19 of 1995 w.e.f. 19.10.1995.
11THE ORISSA MUNICIPAL ACT, 1950
as the population of the Scheduled Castes in the concerned Municipality 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 municipality :
Provided that  where the population of the Scheduled Castes or, as the
case may be, the Scheduled Tribes in a municipality is not suf ficient 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 municipality.
(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 Tribes:
 Provided that  Where only two seats are served 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.
1[(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.]
1[(3-A) 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.]
(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 1[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 municipality.
(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 the Scheduled Tribes, and no eligible candidate is available or
comes forward to contest the election in relation to that ward, the S tate 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-sections
(1),(2), (3) and (4) 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.]
11-A. 2[* * *]
––––––––
1. Substituted by the Orissa Act 19 of 1995, w.e.f. 19.10.1995.
2. Section 11-A is omitted and substituted in Chapter III for Section 12 by the Orissa Act 11 of 1994,
w.e.f. 31.05.1994.
12 THE ORISSA MUNICIPAL MANUAL
CHAPTER - III
ELECTION AND ELECTION PETITION
1[11-A. Superintendence, direction and control of the elections to vest in the
Election Commission :–  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 Election Commission.]
2[11-B. Election Officer, Polling Officer etc. deemed to be on deputation to
Election Commission :–  Any officers and employees of the State Government, made
available to the Election Commission pursuant to Clause (3) of Articles 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[12. General Election of Councillors and formation of wards:– (1) A general
election of the Councillors specified in clause (a) of Section 8 shall be completed–
(a) for the purpose of constituting  a 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;
(b) for the purpose of reconstituting a Municipality, before the expiry of period
of five years from the date appointed for its first meeting referred to in
clause (a) of sub-section (2) of Section 47:
3[* * *]
(c) 3[* * *]
(2) For the purpose of election under sub-section (1), the S tate 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 municipality to
elect Councillors in accordance with the provisions of this Act and of the rules and
orders made thereunder.
4[(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 Municipality already in existence at the time the notification is made, after consulting
the concerned Municipality, by notification–]
1. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.
2. Inserted by the Orissa Act 6 of 2002, w .e.f. 26.04.2002, published in Orissa Gazette, Extraordinary ,
No. 566, dt. 26.04.2002.
3. Proviso & clause (c) omitted by the Orissa Act 8 of 1996, w.e.f. 21.04.1996.
4. Substituted by the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published in Orissa Gazette, Extraordinary,
No. 566, dt. 26.04.2002.
13THE ORISSA MUNICIPAL ACT, 1950
(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 1[Municipal area] into wards, equitable distribution of
population among the various wards and the compactness of area forming
each ward shall be taken into consideration; and
(ii) the number of wards in any municipality shall not be less than eleven and
more than forty.
2[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 then notification which shall be disposed of by the appellate
authority within thirty days from the date of its filling, after giving the person
concerned opportunity of being heard, and the decision of the appellate authority
shall be final.]
3[(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 municipality shall be divided, the extent of
each ward and the wards in which the seats reserved under Section 1 1 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.]
4[13. Electoral Roll :– (1) Except as otherwise provided in this Act or the rules
made thereunder all persons registered by virtue of the Representation of the People
Act, 1950 (43 of 1950), in so much of the electoral roll for any Assembly Constituency
1. Substituted by the Orissa Act 19 of 1995, w.e.f. 19.10.1995
2. Inserted by the Orissa Act 6 of 2002, w .e.f. 26.04.2002, published in Orissa Gazette, Extraordinary ,
No. 566, dt. 26.04.2002.
3. Inserted by the Orissa Act 19 of 1995, w.e.f. 19.10.1995.
4. Substituted by the Orissa Act 16 of 1968 w.e.f. 01.08.1968.
14 THE ORISSA MUNICIPAL MANUAL
for the time being in force so 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 Municipality.
(2) So much of the electoral 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 of 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 revision of such register from time to time and
the officer or authority by whom such spliting up or revision is to be carried out shall be
as may be prescribed.
1[(4) Nothing in this section shall debar the Election Commission to adopt, or
provide for, any other mode for preparation of electoral rolls for the purpose of elections
to Municipalities.]
14. Electors :– (1) 2[*  * *]
2[(2)] No person who is not for the time being on the electoral roll of the ward
shall be entitled to vote at an election in respect of the ward.
15. 3[Removal of name from electoral roll.]– (1) 3[*  *  *]
(2) If any person is convicted of an offence, under Chapter IX-A of the Indian
Penal Code (XLV of 1860), 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 the conviction or if not on
the electoral roll, shall not be so registered for a like period:
Provided that  that Governor may direct that the name of any person to
whom this sub-section applies shall be registered on the electoral roll:
Provided further that  convictions for offences of a political character
shall not operate as a disqualification under this sub-section.
16. Disqualification of candidates for election– (1) No person shall be qualified
for election 3[as 4(* * *) a Councillor of a Municipalilty] if such person–
(i) is not included in the electoral roll of the Municipality; or
5[(ii) is less than 6(twenty-one years) of age; or].
(iii) is unable to read and write either English, Hindi or the language of the
State; or
1. Inserted by the Orissa Act 19 of 1995, w.e.f. 19.10.1995.
2. Section 14 was renumbered as sub-section (2) after inserting sub-section (1) by the Orissa Act 22 of
1978, w.e.f. 26.07.1978; and subsequently sub-section (1) is omitted by the Orissa Act 11 of 1994,
w.e.f. 31.05.1994.
3. Substituted by the Orissa Act 5 of 1990, w.e.f. 20.04.1990.
4. Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.
5. Inserted by the Orissa Act 2 of 1992, w.e.f. 22.11.1991.
6. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.
15THE ORISSA MUNICIPAL ACT, 1950
(iv) has been adjudged by a competent court to be of unsound mind or is
1(* * *) a leprosy or a tuberculosis patient; or
(v) is an undischar ged insolvent or being a dischar ged 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 surchar ge 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, 1948 (V  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 for 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 contract or work; or
(ix) is employed as a paid legal practitioner on behalf of the Municipality or as
legal practitoner against the Municipality; or
(x) is an officer or servant holding office under the Municipality or an Honorary
Magistrate with jurisdiction over any part of the area of the Municipality;or
2[(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:]
Provided that if any question arises, either before or after an election,
whether any person is or is not disqualified under this clause, the question shall
be referred to the State Government whose decision shall be final; or
1. Omitted by "a deaf-mute", by the Orissa Act 6 of 2002, w.e.f. 26.04.2002, published on Orissa Gazette,
Extraordinary, No. 566, dt. 26.04.2002.
2. Substituted by the Orissa Act 16 of 1968, w.e.f. 01.08.1968.
16 THE ORISSA MUNICIPAL MANUAL
(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 not involving moral
delinquency (such sentence not having been reversed or the offence
pardoned) so long as he is undergoing 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 any offence of corrupt
or illegal practice relating to elections, which has been declared, by the
State Government, under prescribed rules, to be an of fence or practice
entailing disqualification of membership unless such period has elapsed
as may be prescribed 1[in that behalf; or]
2[(xiv) is disqualified by or under any law for the time being in force for the
purpose of election to the Legislature of the State; or]
2[(xv) is disqualified by or under any law made by the Legislature of the State;or]
2[(xvi) has more than one spouse living; or ]
2[(xvii) has more than two children:]
Provided that the disqualification under clause (xvii) shall not apply
to  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]
3[(xviii) has given appointment to any person in contravention of the provisons of
this Act and the rules made thereunder, during his tenure in the Municipality
immediately preceding the election;]
3[(xix) has been removed under Section 53 during the term of his of fice as the
Chairperson or the Vice-Chairperson of the Municipality immediately
preceding the election.]
(2) Subject to the provisions of Section 38, where a person, who becomes
disqualified by virtue of clause (xii) of sub-section (1), is at the date of the disqualification
4[5[*  *  *] a Councillor, his seat shall, notwithstanding anything contained in this section,
1. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.
2. Inserted by ibid.
3. Inserted by the Orissa Act 10 of 1997, w.e.f. 19.05.1997.
4. Substituted by the Orissa Act 22 of 1978, w.e.f. 26.07.1978.
5. Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.
17THE ORISSA MUNICIPAL ACT, 1950
not become vacant by reason of the disqualification until three months have lapsed
from the date thereof or if within those three months an appeal or petition 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 1[Councillorship] is preserved under
this sub-section, he shall not sit or vote in the Municipalilty.
17. Disqualification of 2[* * *] Councillor:– Subject to the provisions of Section
38 2[* * *] a Councillor 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 described in that clause; or
(b) becomes of unsound mind, 3(* * *) 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 a 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]
4[(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 Mun

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