(1) No personShallbe qualified to be appointedas an offcer or envlpyee of any Urban L«xal Body, if he has directly, or any interest Inanycontractmadewith or in anywork beingdone for the LocalBody,exceptasashareholderin a registeredCompanyor JointStock Company Co-operative Society under the laws for the tirrp being in force.
(2)Any omcerOr employeeOfanUrbanLocalBody,who acquiresdirectly or interest asaforesaid to be suchOfficeror employeegf the Urban —Apersonshallnoibe deemedto haveanyinterestiß any contractor work asaforesaidby reasononly of his havinga shareor interust in,—
(a) any lease.sale or purchaseof imrnovabieproperty or any
(b) anyagreenklnmr the lounof moneyor anyecurity for the paymentof moneyonly.
13-(11No appointmem to any post of an LocalBodyshell be made contravemionof the provisionsof this Act and ru/esor anyorder and Instruction of the Govertynent and any appintment made in such contravention shall be treated asvoid.
(2) anyhokEr ofan electiveomce or anyomceror authority makesany.appointynentor causesanyengagementtobe oralbwsany Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark Appointmänt Of official on deputation.
receive or sabry from the Local Body his mme contravention of provisions Of this Act or rules or ordeg3or instructiotu issued by the Go€ernrnent,—:- (aj it shall deemed the easeof the holder ofan elective offce thd has abused his position or power nd accordmgty Governnwntshall initiate proceedingsfor his verrwval;
(c) in the caseof:an offcer or-authority, it sheil dænpd he is guilty of misconduct airl tbe convetent authority shad . inmateactiM1undertherelevantdiEiplinary rules, and suchholder Of electiveOfficeor the officer or a&rity, asthe caw Jnay Shanbepunishable imprisonment a ta•mwhichshallrwt less than six months may extend to two years and also with fine which shall lessthanfiny thousand but 'My extaxl to lakh rupees.
(3) In additionto actiontakenundersub-section(2), thepay and allowance paid to the pasog whose in comraventbn of the ofthis Act slull bedeenw-dto an illga' paynpnt a loss 10the (Jrtzn Local Body and the shell be recoverablefrom such hokier of elective omce, offcer or authorty who madesuchappointnrnt.
(4) No court shall take cogrunnce of an.offrnce punishable under sub-section(Z) exceptwith sanctionOftbe Government.
14. Notwithstanding anything contained In this Act and rules, the Govemrnentmay appoint on deputation to•anv posts in Groups"Ae and Of the urban Local Body on such termS and condmons and for such perlod a; may be by the Government, from among the persons who are io the serviceof Government and the concerned Urban LocalBodyShau bear the towards the pay and allowance of each such officer which he is •entitled to -receive under •the Rules of the Government governinghisservicesto-whichhdbelongs'andshall makecontribution the pension, if salary of such Off'Cer to whch he Is entitled in his service under the Government.
Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark Punishment appeal.
IS.(1)Everyofficeroremployeeünderthemunicipalservices,shall be liable to havehis incrementor promotion withheld or to bé censured, reducedin rank.suspended,compulsoriy retired, removedOrdismissedfor breachof any-departmentalrulesor reguiationsor of discipEneor for careles"ess,unfitness,negiectof duty or mÉconductby SLEh authorty asmaybeprescribedin this behalf:
provided that no suchOfficeror employee,asaforesaid,shallbe reduced in rank.comp&rily retired,rerrwve,or aneuthoriWsubord'nateto thatbywhichhewasappointeä.
(2) No offeer or employeeas affresaidshall dismissedor or reducedin rankuntil hehasbeengivenreau)nableopt»rtunily ofshowingcauseagain<the propsedto takenagainsthim• ProvMed that this sub-section shall not apply
(a) apersonis.dismissedor or:reducedinrankonthe groundofConductwhichhasledto his ona criminal charge; or
(b) whereanauthorityempoweredto disniissor rernoveapersonor to reduce him in rank is satisfied that, some reason, to be by that authorityin writing, it _is not reasonably pactü;abletogivetothat anopportuniycf showingcause or that in the interestsof the security of the Slate it is expedienttogive suchanopportunityto tint
(3) If anyquestionanus,wtwtherit is reasonablypracticableto giveto anypersonanopportunityof showingcauseorwhether,in the interestsof thesecurityof the Stateit is not expedientto give to any person suchan opportunityunderthe provisoto sub-section(2), decision thereon,OftheauttKyrityettvowet•edGOdismissor suchpersonor to him-in rank,asthecasemay shallbefinal.
(4) Theprocedurefor initntionOfproceeding.theprovisionslaid down in the OdishaCivil Services(Classifications,Control and Appeal) Rules.1962inso astheyarenot inconsistent 'his Act shall,muralis mutandis,apply.totheofficeramiemployeesofeveryUrbanLocalBody.
Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark Pension, Gratuity and prwident etc.
Dügatbn of powers.
of other Benefit.
Act to have effect.
13
(5) Theofficer andemployee,uponwhomapunishmenthasbeen imposedunder section, anappal within suchtime, in such mantær,andto surhomca orauthority asmayprewriEd.
(6) 'me authority empower«i to and authorityin ropeet of a care-wryof postsin the shall suchasmy prescribed.
16. Subject to fie rules, enwoyees jalnfng in the municipal servlce shali be coveredunder provislors of the Pension Scheme,Provident FundRulesand Rulesrelating to Death-cum-retiremert Benefit which are applicabte to employees of the Govemment of Odisha on or after the 1st day Of January, 2005.
17. The Government may, by notification, authorize any officer Of the Government or of the Urban LocalBody or authority to exercisein regard to any UrbanLocalBodyany orr Ormore of the powersvested In it by this Act,exceptthepowegtomakeruks mavwithdrawtheauthortyinthe like
18. The provisionsin respectof leave,travelling dlQwance,Joining t#ne, mediCalfacilities, fees, honoraria. house rent allowance,dearness allowänce,fixation of pay, grant of incremen, deputation, age superannuation and other matters not expressly provided in this Act, Shan be corresporÆingprevisions contained in the apphcaNe to the Governmentemptoyee$whichshallapplyto fie employees the Urban Lacl Bodies:
Providedthat leave salary shall be payableto an empbvee by the UrbanLocalBodywherehe happensto serveat.the time of "oceeding on
Providedfurther that a per»n on transfer Shaudraw his travelling allowance and joining cime benefits, leave salary f any, from the urban Loca' Body to which he is transferred from the date af Ns reuef from the previous urb"l Local Body.
19. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained 'in the OdishaMunicipal Act, 1950 and the Odisha Municipal Corporation Act. 2Cn3.
Odisha Art, 23 of 1950 and 06 sha Searchable PDF created by OCR.space (Free Version) https://ocr.space/searchablepdf#watermark PenaEes.
Reserv•tiM.
Power to make
20. 'f any officer or empioyée wi\lfGiEyfails or neglects to comply with any lawful passedunderthis Act and ru\esOrcontravenes such order or offers resEtance or obstruction to the action taken by the officeß or errvloyees in respect of any property which has vested in the Urban Local Body or furnishes information which he knows Or has reason to believa to be falseor doesnot believe to be true, he shall, conviction. be punishablewith imprisönmentWhichmayexteod to tW0•veaßor with fine which may extend to Mty thousand rupeesor with both:
Provi&d that no coun shall cognizanceof the offence except with the previous sanction Of the Government _
21. Nothlng contained in this Act shall affect the reservations and other cmcessions required to be provided for S&leduledCastes,Scheduled Socially and.Educationally Bäzhvard Classes.Ex-servicemen. persons Disabdities, or any other nr categotv of persons in acmrdZ7ce wkh the piovisions of this Act and rules or orders issUed by the Government (n this regard, from time to time.