PENALTIES FOR CONTINUING BREACHES

[See Section 383] Section Sub- Subject Daily fine which may orrule section be imposed or clause [© 2) 3) “@ 202 . Failure to maintain house Five rupees connections in conformity with bye-laws and regulations. 203 3) Failure to obey requisition to make Ditto house-connection. 211 - Failure to maintain house-drains, Ten rupees in conformity with bye-laws and regulations, 212 (2)&(3) Failure to obey requisition as to house- Ditto drainage. 217 . Failure to obey requisition to maintain Ditto troughs and pipes for catching water from roof or other part of building. 230 . Failure to obey requisition to provide Ditto latrine or to remove latrine to another site and failure to keep latrines clean and in proper order. 231 . Failure to provide latrines for premises Twenty rupees used by large numbers of people or to keep them clean and in proper order. 232 . Failure to obey requisition to provide Ditto latrine for market, cattle-stand or cart-stand or to keep them clean and in proper order. 239 . Building within regular lines One hundred rupees or road. 254 . Failure to remove permanent Ten rupees encroachment 255 . Failure to remove temporary Five rupees encroachment. THE ORISSA MUNICIPAL ACT, 1950 175) Section Sub- Subject Daily fine which may orrule section be imposed or clause [© (2) (3) “4 258 . Unlawful making of hold or placing [One hundred rupees Obstruction in road. 259 . Construction of building without *[Ten rupees] licence where street or foot-way is likely to be obstructed. 275 w Failure to obey requisition to repair Ten rupees tank or other place dangerous to passers-by or persons living in neighbourhood. 276 . Failure to obey requisition to stop Ditto dangerous quarrying 277 . Failure to obey notice regarding Ditto precautions against fire. 279 . Failure to obey requisition to fill up Ditto tank or well or drain off water. 280 . Failure to obey requisition to cleanse Ditto or close tank, well or other source of water used for drinking. 284 . Failure to obey requisition to enclose, Ditto clear or cleanse untenanted premises. 285 . Failure to obey requisition clear or Ditto cleanse building or land in filthy state or overgrown with noxious vegetations. 287 . Unlawful keeping of animals so as Five rupees to be nuisance or dangerous. 290 (1) Using a place for any of the Twenty rupees purpose specified in section 290 (1) without licence or contrary to licence. 1. Substituted by Orissa Act 10 of 1997, Section 12 (a). 2. Substituted by ibid s. 11(b). (GD THE ORISSA MUNICIPAL MANUAL Section Sub- Subject Daily fine which may ormule section be imposed or clause ) 2) (3) “) 1 Unlawful erection of factory, One hundred rupees workshop 292 Disobedience of order regarding abatement of nuisance. 297 Opening or keeping open private Ditto market without licence or contrary to licence. 299 Sale or exposure for sale of animal or Twenty rupees article in unlicensed private market. 310 Using a public place or the sites of Ditto a public road as a public landing place. 312 Opening or keeping open a new Ditto private cart-stand without licence or contrary to licence. 316 . Carry on milk trade without licence ~~ Five rupees or contrary to licence. THE ORISSA MUNICIPAL ACT, 1950 177) APPENDIX PROVISION OF THE ORISSA MUNICIPAL (AMENDMENT) ACT, 1954 (ORISSA ACT HI OF 1954) NOT INCORPORATED IN THE ORIGINALACT. 3. Validation of existing octroi tax :— Any order made by a municipality in any part of the State of Orissa directing the imposition or collection of any octroi tax or any action taken thereunder prior to the commencement of this Act shall be deemed to have been validly made or taken under the provisions of Section 131 of the Orissa Municipal Act, 1950 (Orissa Act XXIII of 1950) as amended by this Act. PROVISIONS OF THE ORISSA MUNICIPAL (AMENDMENT) ACT, 1955 (ORISSA ACT 1 OF 1956) NOT IN CORPORATED IN THE ORIGINAL ACT. 5. Removal of doubts — Notwithstanding anything contained in the foregoing sections, all rules made notifications issued, orders passed, actions taken and things done in pursuance of the provisions of the said Act as here in before specified and prior to the commencement of this Act shall be continued to have force and effect and shall be read and construed as having been so made, issued, passed, taken or done in pursuance of the said provisions as amended by this Act. PROVISIONS OF THE ORISSA MUNICIPAL (AMENDMENT) ACT, 1968 (ORISSA ACT 16 OF 1968) NOT INCORPORATED IN The ORIGINALACT. 52. Savings and transitory provision — Notwithstanding anything contained in this Act or in the principal Act :— (a) the Councillors of a municipality, the last general election in respect of which was held more than four years prior to the date of coming into force of this Act, shall cease to hold office with effect from the said date; (b) the Councillors of a municipality, not being a municipality referred to in clause (a), shall cease to hold office on the expiry of a period of four years from the date of the last general election; (c) the general election of Councillors of all such municipalities as are referred to in clause (a) and (b) shall be held within a period of [eight months] from the date on which the Councillors thereof have respectively ceased to hold office in accordance with the said clauses; (d) during the period intervening between the date of expiry of the term of office of the Councillors as aforesaid and the date of the first meeting of the newly elected Councillors with a quorum necessary there for the power and functions of the municipality and its Chairperson shall be exercised and performed, as far as may be, by the District Magistrate or by such other officer above the rank to which the Executive Officer belongs as may be appointed by the State Government in that behalf; • Substituted by Orissa Act 20 of 1968, for "six months". (¢€ 78, THE ORISSA MUNICIPAL MANUAL [Explanation- For the purposes of clauses (a) and (b) the date on which the last general election was held means the date of polling at such election. PROVISIONS OF THE ORISSA MUNICIPAL (SECOND AMENDMENT) ACT, 1968(ORISSA ACT 20 OF 1968)NOTINCORPORATED IN ORIGINAL ACT. (1) Repeal [* * *] (2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act, as if this Act had commenced on the 27th September 1968. PROVISIONS OF THE ORISSA MUNICIPAL (AMENDMENT) ACT, 1978 (ORISSA ACT 22 OF 1978) NOT INCORPORATED IN THE ORIGINALACT. 24. Repeal and transitory provisions —(1) The amendments made by this Act shall not apply to any Council holding office immediately proper to date of its commencement. (2) The rules relating to the election of Chairperson framed under the principal Act, shall cease to apply to an election of Chairperson under the principal Act as a amended by this Act; and until fresh framed in that behalf, the rules framed under that Act in respect of election Councillor or shall, as far as may be and subject to such modification as the State Government may, by order, make therein, apply to the election of Chairperson held under the principal Act so amended; Provided that no such modification shall remain in force after the expiry of one year from the date of commencement of this Act. PROVISIONS OF THE ORISSA MUNICIPAL (AMENDMENT) ACT, 1990 (ORISSA ACT 5 OF 1990) NOT INCORPORATED IN THE ORIGINALACT. 22. Repeal and transitory provisions (1) The amendments made by this Act shall not apply to any Municipal Council holding office immediately prior to the date of its commencement. (2) The rules relating to the election of Chairperson framed under the principal Act shall cease to apply to an election of Chairperson under the principal Act as amended by this Act, and until fresh rules are framed in that behalf, the rules framed under the principal Act in respect of election of Councillors shall, as far as may be and subject to such modifications as the State Government may, by order, make therein, apply to the election of Chairperson held under the principal Act so amended; Provided that no such modification shall remain in force after the expiry of one year from the date of commencement of this Act. THE ORISSA MUNICIPAL ACT, 1950 179)