158 ORISSA ACT 28 OF 1962 THE ORISSA LOCAL BODIES (SUSPENSION OF ELECTIONS) ACT, 1962 [ Received the assent of the Governor on the Ist November 1962, first published in an extraordinary issue of the Orissa Gazette, dated the 2nd November 1962 | AN ACT TO SUSPEND THE HOLDING OF ELECTIONS IN RESPECT 0?
CERTAIN LOCAL BODIES IN THE STATE OF ORISSA HEREASit is expedient to provide for the temporary suspension of elections in respect of certain Local Bodies and for matters incidental thereto;
It is hereby enacted by the Legislature of the State of Orissa in the Thirteenth Year of the Republic of India as follows :— Short title, 1.(1) This Act may be called the Orissa Local Bodies extentand = (Syspension of Elections) Act, 1962.
commence-
(2) It shall extexd to the whole of the State of Orissa.ment.
(3) It shall come into force at once and shall remain in force for a period of one year.
(4) Section 5 of the Orissa General Clauses Act, 1937 shall Orissa Act 1 apply upon the expiry of this Act as if it had then been repealed of 1937.
by an Orissa Act.
Definitions 2. In this Act unless the context otherwise requires—
(a) “Grama Panchayat” means a Grama Panchayat constituted under the Orissa Grama Panchayats Act» Orissa Act 1948; 15 of 1948.
(b) “Municipal Council” and “Notified Area Council” shall respectively mean a Municipal Council anda Notified Area Council constituted under the OrissaOrissa Act Municipal Act, 1950. 23 of 1950.
Suspension 3. Notwithstanding anything to the contrary in the Orissa Oeoo - eee Municipal Act, 1950 or the Orissa Grama Panchayats Act, 23.08 17 of _— Local 1948 or in any judgment, decree or order of any Court:— roe Bodies. (1) no general election shall be held in respect of any Municipal or Notified Area Council or any Grama Panchayat;
(2) no bye-election shall be he'd for filling up any vacancy in the office of any Councillor or Member of such Council or Panchayat, as the case may be;
(3) all casual vacancies in the office of a Councillor or Member may befilled up by nomination according as the State Government may from timeto time direct ; and
(4) all orders and notifications made or issued for holding of any general election or bye-election in pursuance of the aforesaid enactments or rules made thereunder shall stand annulled.
Removal of 4. For the removal of doubts it is hereby declared that the orissa Act doubts. provisions of the Orissa Municipal Act, 1950 and the Orissa 23 of 1950.
Grama Panchayats Act, 1948 shall, except as otherwise provided Orissa Aci in this Act, apply in respect of the Mun’‘cipal Councils, Notified 15 of 1948.
Area Councils and Grama Panchayats.
For Statement of Odjezts and Reasons see Orissa Gazette extraordinary, dated the 30th October 1962.
O ri s sa ORISSA ACT 28 OF 1962 THE ORISSA LOCAL BODIES (SUSPENSION OF ELECTIONS) ACT, 1962 Receivedtheassentof the Governoron the,1stNovember1962, publishedinanextraordinaryissueof theOrissaGazette, dated the 2nd November 1962 | ANACTTOSUSPENDTHEHOLDINGOFELECTIONS RESPECT CERTAIN LOCAL BODIES IN THE STATE OFORISSA HEREASit is expedient to provide for the temp&aryw suspensionof electionsin respectofcertainLocalBodies and for matters incidental thereto;
It is herebyenactedby the Legislatureof theStateof Orissain theThirteenthYear of the Republic of India as follows :—
1.(l) This Act maybecalledthe OrissaLocalBodiesShtrt titk extent (Suspensionof Elections)Act, 1962.
(2)It shallexteadtothewholeoftheStateofOrissa.
(3)It shallcomeinto forceat onceandshallremainin force for a period of one year.
(4)Section5oftheOrissaGeneralClausesAct,1937shallOrissaAct1 applyupontheexpiryofthisActasif it hadthenbeenrepealed by an OrissaAct.
2. In thisAct unlessthecontextotherwiserequires—
(a)"Gramapanchayat"meansa GramaPanchayat constituted under the OrissaGramaPanchayatsAct, OrissaAct 15 of 1948.
1948;
(b)"MunicipalCouncil"and "NotifiedAreaCouncil" shallrespectivelymeana MunicipalCouncil anda NotifiedArea Council constituted under the OrissaOriga Act 23 of 1950.Municipal Act, 1950.
3. Notwithstandinganythingto thecontraryin theOrissaOrissaAct23 of 1950.or elections MunicipalAct, 1950or the OrissaGrama PanchayatsAct,Orissa Actof Lo:al1948orinaöyjudgment.decreeororderof anyCourt:— 1948.
(l: no genera'electionshallbe heldin respectof any Municipalor NotifiedArcaCouncilor anyGramaPanchayat;
(2)nobye-electionshallbeherd for fillingupanyvacancy in theOffceOfanyCouncilloror MemberOf suchCouncilor Panchayat,as the casemay be;
(3)allcasualvacanciesin the offce of a Councilloror Membermaybefilledupbynominationaccordingas the State Governmentmayfromtimeto timedirect and
(4)allordersandnotificationsmadeor i•suedfor holding OfanygeneralelectionOr bye-electionin pursuanceof the aforesaidenactmentsor rules made thereundershall stand annulled.
Removal or 4.For heremovalof doubtsit is herebydeclaredthattheOrissa doubts. provisionsOftheOrissaMunicipalAct,1950andtheOrissa23Of1950.
GramapanchayatsAct,1948shall,exceptas otherwiseprovidedOrissaAci in thisAct,applyinrespectof theMun:cipalCouncils,Notified15of1948.
Area Councils and Grama Panchayats.
ForStatemntOfOSje:ts seeOrissaGazetteextraordinary,datedthe30thO:tober1962.
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