Back

ORISSA MUNICIPAL ACT, 1950

ORISSA MUNICIPAL ACT, 1950

[Act 23 of 1950]

[11th November 1950]

PREAMBLE

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 follows :

_____________________

* Published vide Orissa Gazette Ext. 11.11.1950 Orissa Act No. 23 of 1950. For Statement of objects. Reasons see Orissa Gazette, Ext./25.3.50 and for report of Select Committee, see Orissa Gazette Ext./29.7.50.

It came into force on the following areas on the 16th April, 1951 vide Notification No. 3000-L.S.G. 16.4.1951. published in the Orissa Gazette Ext. of the even date.

Areas- Cuttack, Jajpur, Bhawanipatna, Purl, Berhampur, Balasore, Paralakhemundi, Dhenkanal, Sambalpur, Barlpada, Keonjhar, Kendrapara, Bolangir, Deogarh, Sonepur and Sundergarh.

It came into force in Bargarh and Jeypore. on the 28th August, 1951 vide notification No. 5117-L.S.G., dated 28th August, 1951, published in the Orissa Gazettee Pt.III. 1094.

---------------------

Chapter I - PRELIMINARY

*ORISSA MUNICIPAL ACT, 1950

[Act 23 of 1950]

[11th November 1950]

PREAMBLE

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 follows :

_____________________

It came into force on the following areas on the 16th April, 1951 vide Notification No. 3000-L.S.G. 16.4.1951. published in the Orissa Gazette Ext. of the even date.

Areas- Cuttack, Jajpur, Bhawanipatna, Purl, Berhampur, Balasore, Paralakhemundi, Dhenkanal, Sambalpur, Barlpada, Keonjhar, Kendrapara, Bolangir, Deogarh, Sonepur and Sundergarh.

It came into force in Bargarh and Jeypore. on the 28th August, 1951 vide notification No. 5117-L.S.G., dated 28th August, 1951, published in the Orissa Gazettee Pt.III. 1094.

----------------------

Section 1 - Short title, extent, [commencement and application]

(Substituted vide Orissa Act No. 11 of 1994 we f 31.5.1994.) (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 effect in any Cantonment or part 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.

(Inserted vide Orissa Act No. 11 of 1994 w e f 315 1994.) [(6) Nothing in this Act shall apply to the scheduled areas referred to in Clause (1) of Article 244 of the Constitution.]

Section 2 - Enactments repealed and amended

On and from the date this Act comes into force in any local area or areas the enactments specified in Scheduled I and Schedule II so far as they are in force in the State of Orissa; shall be repealed to the extent mentioned in 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 revive any office, authority or thing abolished by such enactment or affect the validity of anything which has been done or suffered or any right, obligation or liability which has accrued before the commencement of this Act.

Section 3 - Definitions

In this Act, unless there is anything repugnant in the subject or context-(Inserted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.) [(1) "Assembly Constituency" shall have the same meaning as has been assigned to it in Representation of the Peoples Act, 43 of 1950;

(Renumbered ibid. (1-a) "building" includes a house, outhouse, stable, latrine, shed, hut, wall (other than a boundary was not exceeding ten feet in height) and any other such structure, whether, or masonry, brick, wood, mud, metal or any other 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, tri-cycle, rickshaw, cycle-rickshaw, but does not include a motor vehicle within the meaning of the Motor Vehicle Act, 4 of 1939;

(4) "cart" means a vehicle ordinarily drawn by animals and not ordinarily used for 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 the (Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [Companies Act, 1956 (1 of 1956) or an existing company as defined in the said Act and includes any firm or association carrying on business in the State of Orissa whether incorporated or not and 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;

(Inserted vide Orissa Act No. 16 of 1968 w.e.f. 1.6.1968.) [(7-a) "Director" means the Director of Municipal Administration appointed under Section 393-A);

(8) "drain" includes shewer, 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 waters;

(Inserted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.) [(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 substances and all offensive matter;

⁵[(9-a) "Finance Commission" means the Finance Commission constituted 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 preparation 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 form part and parcel of the site or premises of dwelling-house manufactory, ware-house or place of trade or business such holdings shall be deemed to be holding for the purposes of this 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 drain or affording access to a latrine, urinal, 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 warehouse:

(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 or whatever material made, which the Council may declare to be hut for purposes of this Act;

(15) "latrine" includes privy, water closet and urinal;

(Inserted vide Orissa Act No. 6 of 2002, O.G.E. No. 566, Dt. 26 4 2002)

[(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 subordinate to the District Magistrate to whom he may delegate all or any of his powers under this Act;

(17) "market" includes any place where persons daily or periodically assemble for the sale of meat, butter, ghee, fish, fruit, vegetable or livestock;

⁵[(17-a) "Municipal area" means the territorial area of a Municipality;

(17-b) "Municipality" means a Notified Area Council or a Municipal Council or a Municipal Corporation];

(18) "nuisance" includes any act, omission, place, or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or bearing 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, trustee, guardian, manager or receiver for another person or 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 charge 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";

⁵[(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 Zillla Parishad Act, 1991 (Orissa Act 17 of 1991)];

(22) "part of building" includes any wall, underground 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;

⁵[(23-a) "Population" means the population as ascertained at the last proceeding census of which the relevant 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 constituted under Section 114;

(27) "Private road" means any street, road, square, court, allay, passage or riding path which is not a 'public road' but does not include a pathway made by the owner of premises on his own land to secure access to or the convenient use of such premises;

(28) "Public health" includes water-supply, conservancy, drainage and any other measure for the improvement of the sanitation and the prevention of public nuisance;

(29) "Public road" means any street, road, square, court, allay, passage or riding path over which the public have a right or 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 bridges or causeway and the land, whether covered or not by any payment verandah or other structure, which lies on either side of the roadway up to the boundaries of the adjacent property whether that property is private property or property belonging to the State;

(30) "Public water courses, springs, wells and tanks" includes those used by the public to such an 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 frame work 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 or 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 dwelling 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 dwelling 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 or returning;

(33) "rubbish" means dust, ashes, broken bricks, mortar, broken glass and refuse of any kind which is not 'filth';

(34) "scavenger" means a person employed in collecting or removing filth, in cleansing drain or slaughter houses or in driving carts used for the removal of filth;

(35) "road-alignment" means 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.

Chapter II - CONSTITUTION OF MUNICIPALITIES

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

(Inserted vide Orissa Act No. 16 of 1968 w.e.f. 1.8.1968.) [(1) "Assembly Constituency" shall have the same meaning as has been assigned to it in Representation of the Peoples Act, 43 of 1950;

(Renumbered ibid.) (1-a) "building" includes a house, outhouse, stable, latrine, shed, hut, wall (other than a boundary was not exceeding ten feet in height) and any other such structure, whether, or masonry, brick, wood, mud, metal or any other material whatsoever;]