Municipality may determine its establishment :— (1) Every municipality

may, with the previous sanction of the State Government and subject to the provisions of this Act and the rules made thereunder, from time to time, determine the officers and servants required to be employed by it or by any joint Committee, constituted under Section 61 or by any Committee of the municipality and shall fix or alter the number, designation, grades, salaries, fees and allowances payable to such officers and servants.

1. (2) Notwithstanding anything contained in sub-section (1), the municipality may, in the case of an emergency, make provisions for temporary employment under it of an officer or servant for a period not exceeding [forty four days]: [Provided that the qualification for employment and the salary and allowances in respect of such officer or servant shall not be different from those prescribed in respect of officers or servants of similar cadre: Provided further that the creation of any post for the purpose of this sub-section shall immediately be communicated to the State Government].
2. (3) The qualification of candidates for an employment shall be such as may be prescribed. I. Omitted by the Orissa Act 11 of 1994, w.e.f. 31.05.1994. THE ORISSA MUNICIPAL ACT, 1950 aM )) '[73-A. Penalties :— (1) Where any holder of an elective office or any officer or authority makes any appointment, or causes any appointment to be made, in contravention of the provisions of this Act,—
   • (a) it shall be deemed in the case of the holder of an elective office that he has abused his position or power and accordingly the State Government shall initiate proceedings for his removal; and
   • (b) in the case of an officer or authority, it shall be deemed that he is guilty of misconduct and the competent authority shall initiate action under the relevant disciplinary rules, and such holder of elective office of the officer or authority, as the case may be, shall be punishable with imprisonment for a term which shall not be less than six months but which may extent up to two years and also with fine which shall not be less than five thousand rupees and which may extend up to ten thousand rupees.
3. (2) Tn addition to taking action under sub-section (1), the pay and allowances paid to the Person whose appointment is in contravention of the provisions of this Act shall be deemed to be an illegal payment and a loss to the Municipality and the same shall be recoverable by surcharging it under the Orissa Local Fund Audit Act, 1948 ( Orissa Act 5 of 1948), against such holder of elective office, officer or authority who makes such appointment.
4. (3) No court shall take congnizance of an offence punishable under sub-section
5. (1) except with the previous sanction of the State Government. ] 2[73-B.Bar for regularisation of services :~ No person who is appointed on a temporary basis under sub-section (2) of Section 73 and is continuing as such at the commencement of the Orissa Municipal (Amendment) Act, 1997 shall have or shall be deemed ever to have a right to claim for regularisation of his services on any ground whatsoever and the services of such person shall be liable to be terminated at any time without any notice and without assigning any reason thereof: Provided that in case of workmen falling within the scope of Section 25- F of the industrial Disputes Act, 1947 (14 of 1947), one month's wages and such compensation as would be payable under the said section shall be paid in case of termination of services] ?[73-C. Abatement of claims :— Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, the claims for regular appointment of all persons appointed on a temporary basis under sub-section (2) of Section 73 shall stand abated and. accordingly—
   • (a) no suit or other proceeding shall be instituted, maintained or continued in any court, tribunal or other authority by the temporary appointees against the Municipality or any person or authority whatsoever for the regularisation of the services; (@ THE ORISSA MUNICIPAL MANUAL
   • (b) no court shall enforce any decree or order directing the regularisation of the services of such persons; and
   • (c) all proceedings pending in any court or tribunal claiming the regulation of services of such persons shall abate.] 1[73-D. Irregular appointments to be voidable :— Any appointment made by a Municipality without the previous sanction of the State Government as required by sub-section (1) of Section 73 shall be treated as voidable.]

² Substituted by the Orissa Act 10 of 1997, we.f. 19.05.1997.

³ Inserted by ibdi.

¹ Substituted by the Orissa Act 10 of 1997, w.e.f. 19.05.1997.

² Inserted by the Orissa Act 10 of 1997, w.e.f. 19.05.1997.