DANDAPANI PATNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this application under Art. 226 of the Constitution the validity of the notification of the Government of Orissa in the Health (L. S. G.) Department No. 3223 L. S. G. dated the 6th May, 1960 issued in exercise of the powers conferred by Clauses (a) and (c) of Section 417b of the Orissa Municipal Act, 1950 (Orissa act 23 of 1950) is under challenge.

(2.) THE Orissa Municipal Act, 19,50 consolidated and amended the laws relating to municipalities in the different parts of Orissa and came into force on the 11th november 1950. Prior to that date the law in force relating to Municipalities in orissa was the Bihar and Orissa Municipal Act, 1922. In that Act there were distinct provisions (sections 388, 389 and 390 of Chapter XIV) dealing with, the municipal administration of small areas known as 'notified areas'. Section 389 of that Act empowered the State Government to apply or adapt to a notified area any of the provisions of the Bihar and Orissa Municipal Act and to appoint a Committee to carry cut the purposes of that Act in the notified area. When the Orissa Municipal Act was passed in 1950 statutory provisions dealing with notified areas were completely omitted. In 1951 the omission was discovered and the Orissa Legislature passed an amending Act known as the Orissa Municipal (Amendment) Act, 1951 (Orissa Act 19 of 1951) by inserting a new chapter, chapter XXX-A consisting of Sections 417-A and 417-B and 417-C providing for the constitution of notified areas by the State Government and conferring powers on the State Government to apply or adapt to a notified area any of the provisions of the Orissa Municipal Act and also to provide for the appointment or election of a council to carry out the purposes of the Act in the Notified area. Sections 417-A, 417-B and 417-C of the Orissa Municipal Act 1950 are very similar to sections 388, 389 and 390 of the Bihar and Orissa Municipal Act.

(3.) THE policy of the Orissa Legislature in thus inserting Chapter XXX-A in the orissa Municipal Act, by the Amending Act (Orissa Act 19) of 1951 will be clear from the statement of objects and reasons to the Bill reproduced below: