GURUCHARAN SINGH Vs. EXECUTIVE OFFICER, JEYPORE MUNICIPALITY

JUDGEMENT

(1.) THIS is a revision against the judgment of One Munsif Magistrate of Jeypore convicting the Petitioner under Section 383(1)(a) of the Orissa Municipal Act, for contravention of Section 290(1)(w) of the said Act, and sentencing him to pay a fine of Rs. 40/ -.

(2.) THERE was evidence on record to show that the Petitioner is the owner of a rice mill, with a 10 H.P. engine, located within the limits of Jeypore Municipality. He was prosecuted for having omitted to take out a license for the year 1960 -61 on payment of the license fee and thereby having contravened Section 290(1)(a) of the Orissa Municipal Act. The prosecution was initiated on the complaint of the Executive Officer of Jeypore Municipality.

(3.) THE expression 'notification' has not been defined in the Orissa Municipal Act and consequently we have to examine the definition of the expression as given in Section 2(28) of the Orissa General Clauses Act which says "Notification shall mean a notification in the gazette". According to Section 2(16) of the Orissa General Clauses Act 'gazette' means the official gazette of the Province, namely the Orissa Gazette. Hence, unless the Municipality first issues a notification as required by Sub -section (1) of Section 290 in the Orissa Gazette and a period of sixty days elapses from the date of publication of the notification in that Gazette, the notification cannot be said to have come into effect, and no question of contravention of Sub -section (1) of Section 290 arises.