Power to leave casual vacancies unfilled in certain areas :— (1) Where a

1. (1) Where a vacancy occurs in the office of a Councillor by reason of death, resignation, removal or otherwise and the term of office of that Councillor would in the ordinary course of events, have terminated within six months of the occurrence of the vacancy, the State Government may direct that the vacancy be left unfilled until the next general election. 2. Omitted by ibid. @) 2 +4 I. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994 3. Inserted by bid. THE ORISSA MUNICIPAL ACT, 1950 27) CHAPTER - V ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON '[47. Election of Chairperson and Vice-Chairperson :- (1) Every Municipality shall have a Chairperson and a Vice-Chairperson. (2) The Councillors of the Municipality specified in clause (a) of Section 8 shall ~ (a) at the first meeting of the Municipality, which shall be convened soon after the publication of their names under sub-section (2) of Section 10, elect in the prescribed manner a Chairperson from among them; (b) atasubsequent meeting, which shall be specially convened for the purpose at the instance of the Chairperson so elected as soon as may be, but not later than thirty days, after the date of election of the Chairperson, elect a Vice-Chairperson of the Municipality from among them: Provided that where the Office of the Chairperson of a Municipality is not reserved under sub-section (3) for women or where the Chairperson elected under this Act is not a woman, the office of the Vice-Chairperson of the Municipality shall be reserved for women. (3) Notwithstanding anything to the contrary in sub-section (1)— (a) offices of Chairperson in the Municipalities shall be reserved for the Scheduled Castes and the Scheduled Tribes and the number of offices so reserved for the Scheduled Castes and the Scheduled Tribes shall bear, as nearly as may be, the same proportion to the total number of such offices as the population of the Scheduled Castes and the Scheduled Tribes, respectively [in the Municipalities of the State bears to the total population of such Municipalities]; (b) as nearly as may be one-third of the total number of seats reserved under clause (a) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes; and (¢) as nearly as may be one-third (including the number of offices reserved for women belonging to the Scheduled Castes *[, the Scheduled Tribes and the Backward Class of citizens]) of the total number of offices of Chairperson in the Municipalities shall be reserved for women; and 3[(d) as nearly as may be, but not less than, twenty-seven percentum of the offices of Chairpersons of Municipalities shall also be reserved in favour of Backward Class of citizens as referred to in clause (6) of Article 243-T of the Constitution; and (EE THE ORISSA MUNICIPAL MANUAL (e) as nearly as may be, one-third of the total number of seats reserved under clause (d) shall be reserved for women belonging to the backward class of citizens.] (4) Reservation of offices of Chairperson under sub-section (3) shall be made by the State Government by rotation among different Municipalities in the prescribed manner and shall be published in the Gazette: [Provided that the procedure provided in sub-section (3-A) of Section 12 relating to reservation of seats in the Municipalities for the Scheduled Castes, Scheduled Tribes, Backward Class of citizens and women shall, as far as may be, applicable for the purpose of reservation of offices of Chairpersons to be made by the State Government under this sub-section. ] (5) The reservation of offices of Chairpersons (other than the reservation for women and backward class of citizens) under sub-section (3) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution. (6) if at an election under sub-section 2[(2)]— (2) no Chairperson is elected, a fresh election shall be held within thirty days from the date of the first election; or (b) no Vice-Chairperson is elected, a fresh election shall be held within thirty days from the date of the first election. 3[(7) If at the subsequent election held under sub-section (6) no Chairperson or Vice-Chairperson, as the case may be, is elected, the State Government shall nominate aperson who is otherwise eligible to hold-the office, to fill up the office, and the person so nominated shall, subject to other provisions of this Act, hold office till the expiry of five years from the date appointed for the first meeting referred to in clause (a) of sub- section (2) of Section 47.]] 1. Substituted for Sections 47 & 47-A by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. 2. Substituted by the Orissa Act 15 of 1996, w.e.f. 18.10.1996. 3. Substituted by the Orissa Act 19 of 1995, wef. 19.10.1995

vacancy occurs in the office of a Councillor by reason of death, resignation, removal or otherwise and the term of office of that Councillor would in the ordinary course of events, have terminated within six months of the occurrence of the vacancy, the State Government may direct that the vacancy be left unfilled until the next general election.

² Omitted by ibid.

@) 2 +4 I. Substituted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994

³ Inserted by bid.

THE ORISSA MUNICIPAL ACT, 1950 27) CHAPTER - V ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON

'[47. Election of Chairperson and Vice-Chairperson :- (1) Every Municipality

shall have a Chairperson and a Vice-Chairperson.

1. (2) The Councillors of the Municipality specified in clause (a) of Section 8 shall ~
   • (a) at the first meeting of the Municipality, which shall be convened soon after the publication of their names under sub-section (2) of Section 10, elect in the prescribed manner a Chairperson from among them;
   • (b) atasubsequent meeting, which shall be specially convened for the purpose at the instance of the Chairperson so elected as soon as may be, but not later than thirty days, after the date of election of the Chairperson, elect a Vice-Chairperson of the Municipality from among them: Provided that where the Office of the Chairperson of a Municipality is not reserved under sub-section (3) for women or where the Chairperson elected under this Act is not a woman, the office of the Vice-Chairperson of the Municipality shall be reserved for women.
2. (3) Notwithstanding anything to the contrary in sub-section (1)—
   • (a) offices of Chairperson in the Municipalities shall be reserved for the Scheduled Castes and the Scheduled Tribes and the number of offices so reserved for the Scheduled Castes and the Scheduled Tribes shall bear, as nearly as may be, the same proportion to the total number of such offices as the population of the Scheduled Castes and the Scheduled Tribes, respectively [in the Municipalities of the State bears to the total population of such Municipalities];
   • (b) as nearly as may be one-third of the total number of seats reserved under clause (a) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes; and (¢) as nearly as may be one-third (including the number of offices reserved for women belonging to the Scheduled Castes *[, the Scheduled Tribes and the Backward Class of citizens]) of the total number of offices of Chairperson in the Municipalities shall be reserved for women; and 3[(d) as nearly as may be, but not less than, twenty-seven percentum of the offices of Chairpersons of Municipalities shall also be reserved in favour of Backward Class of citizens as referred to in clause (6) of Article 243-T of the Constitution; and (EE THE ORISSA MUNICIPAL MANUAL
   • (e) as nearly as may be, one-third of the total number of seats reserved under clause (d) shall be reserved for women belonging to the backward class of citizens.]
3. (4) Reservation of offices of Chairperson under sub-section (3) shall be made by the State Government by rotation among different Municipalities in the prescribed manner and shall be published in the Gazette: [Provided that the procedure provided in sub-section (3-A) of Section 12 relating to reservation of seats in the Municipalities for the Scheduled Castes, Scheduled Tribes, Backward Class of citizens and women shall, as far as may be, applicable for the purpose of reservation of offices of Chairpersons to be made by the State Government under this sub-section. ]
4. (5) The reservation of offices of Chairpersons (other than the reservation for women and backward class of citizens) under sub-section (3) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.
5. (6) if at an election under sub-section 2[(2)]—
6. (2) no Chairperson is elected, a fresh election shall be held within thirty days from the date of the first election; or
   • (b) no Vice-Chairperson is elected, a fresh election shall be held within thirty days from the date of the first election. 3[(7) If at the subsequent election held under sub-section (6) no Chairperson or Vice-Chairperson, as the case may be, is elected, the State Government shall nominate aperson who is otherwise eligible to hold-the office, to fill up the office, and the person so nominated shall, subject to other provisions of this Act, hold office till the expiry of five years from the date appointed for the first meeting referred to in clause (a) of sub- section (2) of Section 47.]]

¹ Substituted for Sections 47 & 47-A by the Orissa Act 11 of 1994, w.e.f. 31.05.1994.

² Substituted by the Orissa Act 15 of 1996, w.e.f. 18.10.1996.

³ Substituted by the Orissa Act 19 of 1995, wef. 19.10.1995