The Odisha Local Authorities Extension of Office Act, 1942

The Odisha Gazette

EXTRAORDINARY PUBLISHED BY AUTHORITY

ODISHA ACT 3 OF 1942

THE ODISHA LOCALAUTHORITIES EXTENSION OF OFFICEACT, 1942

(29 December 1942) AN ACT TO PROVIDE FOR EXTENSION OF THE TERM OF OFFICE OF LOCAL AUTHORITIES IN THE PROVINCE OF ODISHA.

WHEREAS it is expedient to enable the Provincial Government to extend the term of office of the present members and office -bearers of certain local authorities in the Province of Orissa;

It is hereby enacted as follows :—

1. (1) This Act hereby called the Orissa Local Authorities of Office Act, 1942
2. (2) It shall come into force at once.
3. (3) It shall be in force during the continuance of the present hostilities and for a period of six months thereafter, and shall then expire except as regards the continuance in office of members and office bearers of local authorities for such period as is referred to in section 3.

1. (1) section 29 of the Bihar and Orissa Municipal Act, I922, shall have effect as if after sub-section (3) thereof the following sub-section had been added, namely :— “ (4) ‘Notwithstanding any things contained in sub-secti0n(1) and subject to the saving mentioned therein and to the provisions of sub-section (2), the Provincial Government may, by notiûcation in the official Gazette, extend the term of office of the Commissioners, Chairman, Vice Chairman and President of any municipality holding office at the date of commencement of the Orissa Local Authorities Extension of office Act, 1942, for such period as that Government may deem fit.”;
2. (2) the Bihar and Orissa Local Self Government Act, 1885,(Bengal Act III of 1885) shall have effect as if after section 13 thereof the following section had been added, namely :— 13-A. Notwithstanding anything contained in section 13 and subject to the saving mentioned therein, the Provincial Government may, by notiûcation in the ofûcial Gazette, extend the term of ofûce of the members, and consequentially of the Chairman and Vice-Chairman, of any District Board holding 0û‘lce at the date of commencement of the Orissa Local Authorities Extension of office Act, 1942, for such period as that Government may deem ût.”;
3. (3) the Sambalpur Local Self-Government Act, 1939,(Orissa Act Vi of 1939) shall have effect as if—
   • (a) after section 16 thereof the following section had been added, namely :— “ 16-A. Notwithstanding anything contained in section 16 and subject to the saving mentioned therein, the Provincial Government may, by notiûcation in the official Gazette, extend the term of office of the members, and consequentially of the Chairman and Vice-Chairman, of the District Board holding ofûce at the date of commencement of the Orissa Local Authorities Extension of Office Act, 1942, for such period as that Government may deem ût.” and
   • (b) in sub-section (1) of section 17 thereof, after the words “mentioned in section 16 “, the Words “ or that term as extended by notiûcation under section 16-A “ had been inserted;
4. (4) section 8 of the Madras District Municipalities Act, 1920, (Madras Act V of 1920) shall have effect as if after sub-section (5) thereof they” following sub-section had been added, namely:-— “ (6) Notwithstanding anything contained in sub-section (1) and subject to the saving mentioned therein, the Provincial Government may, by notiûcation in the Office Gazette, extend the term of office of the councilors, and consequentially of the Chairman andVice-Chairman, of any municipality holding Office at the date of commencement of the Orissa Local Authorities Extension of Ofûce Act, 1942, for such period as that Government may deem ût “ ;
5. (5) section 11 of the Madras Local BoardsAct, 1920, , (MadrasAct XIV of 1920) shall have effect as if after sub-section (5) thereof the following subsection had been added, namely :- “(6) Notwithstanding anything contained in sub-sections (1) and (1-A) and subject to the saving mentioned in sub-section (1), the Provincial Government may, by notiûcation in the ofûcial Gazette, extend the term of Office of the members, and consequentially of the Chairman and Vice-Chairman, of any

Restriction of Powers of provincial Government : The powers

conferred on the Provincial Government by section 2 shall be exercised subject to the restriction that the term of office the members or office bearers of any local authority shall not be extended beyond the date six months after the termination of the present hostilities, out without prejudice to the continuance in ofûce beyond Such date of such members or office-bearers for such period as is provided by sub-section (2) of section of the Bihar and Orissa MunicipalAct, 1922, section 24 of the Bihar and Orissa Local Self-Government Act, 1885, sub-section (1) of section 17 of the 1885, Sub-section (i) of section 17 of the Sambalpur Local Self-GovernmentAct 1939.

for the purposes of this Act the date of of termination of the present hostilities shall be determind by the Provincial Government by notification in the official Gazette.

_____

ODISHA ACT 3 OF 1943

THE ODISHA LOCALAUTHORITIES EXTENSION OF OFFICE (AMENDMENT)ACT, 1943

(29th March 1943) AN ACT TO AMEND THE ODISHA LOCAL AUTHORITIES EXTENSION OF OFFICE ACT, 1942

WHEREAS it is expedient to amend the Orissa LocalAuthorities Extension of Ofûce Act, 1942, (Orissa Act III of 1942) for the purpose hereinafter appearing ;)

It is hereby enacted as follows :-

1. Short Title : This Act may be called the Orissa Local Authorities

Extension of Office (Amendment) Act, 1943.

2. Amendment of Section : For clause (5) of section 2 of the Orissa

Local Authorities Extension of Office Act, 1942, (Orissa Act III of 1942) the following clause shall be substituted, namely :-

1. (5) Section II of the Madras Local Boards Act, 1920, (Madras Act XIV of 1920) shall have effect as if after sub-section (5) thereof the following subsection had been added, namely :-
2. (6) Notwithstanding anything contained in sub-sections (1) and (LA) and subject to the saving mentioned in sub-section (l), the Provincial Government may, by notiûcation in the official Gazette, extend the term of office of the members and consequentially of the President and Vice-President of any District Board holding office at the time of commencement of the Orissa. Local Authorities Extension of Office Act, 1942, for Orissa Act such period as that Government may deem ût, -and may, in the manner and for the period as aforesaid, extend the term of office of the members and consequentially of the President and 4 Vice-President of any panchayat holding office at the time of commencement of the Orissa Local Authorities Extension of office (Amendment) Act, 1943.