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 Bargarh 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 affording 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 offence 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 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' 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, 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;
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 dwellinghouse 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.
–––––––– ––––––––––––––––––––––––––– 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 larger 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 sufficient 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 subsection (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 larger 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 subsidiary orders in areas 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.]