73A. [ Penalties. [Inserted vide Orissa Act No. 10 of 1997 Orissa Gazette Extraordinary No. 1281 dated 21.10.1997.]
(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 removals; 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 or 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 extend upto two years and also with fine which shall not be less than five hundred rupees and which may extend upto ten thousand rupees.(2)In addition to taking action under Sub-section (1), the pay and allowances paid to the person whose appointment is in contravention of the provision 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 against such holder of elective office, officer or authority who make such appointment.(3)No Court shall take cognizance of an offence punishable under Sub-section (1) except with the previous sanction of the State Government.
