Section 3 in The Orissa Municipal Corporation Act, 2003
3. Constitution of Corporation.
(1)The Governor, having regard to the population of any urban area, the density of population of such area, the revenue generated for the local administration, the percentage of employment in non-agricultural activities, the economic importance or such other activities as may be prescribed, may, by notification, specify such area to be a larger urban area.Explanation. - A population of not less than three lakhs may be considered to be sufficient population for the purpose of declaring a larger urban area.(2)As soon as may be, after the issue of the notification specifying an area to be a larger urban area, the Government shall, by notification in the official gazette, constitute for the purpose of this Act a Municipal Corporation for that larger urban area.(3)Notwithstanding anything contained in this Act or in the Orissa Municipal Act, 1950, whenever any smaller urban area is notified under Sub-section (1) to be a larger urban area -(a)the Municipal Council for the said area if any, shall be deemed to be the Municipal Corporation for the larger urban area so specified; and(b)the Chairperson, Vice-Chairperson and other Councilor of the existing Municipal Council shall be deemed to be the Mayor, Deputy Mayor and other Corporators respectively of the Corporation and they shall continue for the remainder of the period for which the existing Municipal Council would have continued otherwise.(4)The areas included in the Cuttack Municipal Corporation and Bhubaneswar Municipal Corporation immediately before commencement of this Act, shall be deemed to be larger urban area specified under Sub-section (1) and the provisions of this Act shall mutatis mutandis apply to the said Municipal Corporations.(5)The Government may, after consultation with the Corporation, by notification, alter the limits of the area of a Corporation constituted under Sub-section (2), so as to include therein or to exclude therefrom any area as may be specified in the notification.(6)The power to issue a notification under Sub-section (5) shall be subject to previous publication.(7)When an area is included in the city, the provisions of this Act and all taxes, rules, bye-laws, regulations, notifications, orders, directory powers, levied, made, issued or conferred, as the case may be, under this Act or any other law shall be deemed to apply to the said area from the date of inclusion of said area within the city.(8)Save as otherwise provided in this Act or any other law for the time being in force, when an area is excluded from the city -(i)the rights and liabilities of the Corporation in such area shall vest in Government;(ii)the Government after consultation with the Corporation determine what portion of the Corporation fund and other property vested in the Corporation shall vest in the Government for the benefits of the inhabitants of such area and how liabilities of the Corporation shall be apportioned between the Corporation and the Government.
