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[Cites 0, Cited by 5] [Entire Act]

State of Odisha - Section

Section 128 in The Orissa Development Authorities Act, 1982

128. Repeal and savings.

(1)As from the date of the constitution of the Authority-
(a)the Orissa Town Planning and Improvement Trust Act, 1956 (Orissa Act 10 of 1957) and Sections, 247 to 251 and Chapter XVII of Orissa Municipal Act, 1950 (Orissa Act 23 of 1950) shall cease to have effect within the area under the jurisdiction of the Authority;
(b)the Improvement Trusts and Special Planning Authorities (hereinafter referred to as existing Planning Authorities) constituted under the provisions of the said Act in respect of the whole or part of the area under the jurisdiction of the Authority shall stand dissolved.
(2)Notwithstanding the provisions of Sub-section (1)-
(a)such officer or other employee serving under the existing Planning Authority immediately before the date of the constitution of the Authority as the State Government may decide shall, on and from such date, be transferred to and become an officer or other employee of the concerned Authority with such designations as the concerned Authority may determine and shall hold office by the same tenure, at the same remuneration and on the same terms and conditions of service as he would have held the same, if the existing Planning Authority had not been dissolved and shall continue to do so unless and until such tenure, remunerations and the terms and conditions are duly altered by the Authority :
Provided that any service rendered by any such officer or other such employee before the dissolution of the existing Planning Authority shall be deemed to be the service rendered under the concerned Authority :Provided further that the concerned Authority may employ any such officer or other employee in the discharge of such functions under this Act as it may think proper and every such officer or other employee shall discharge those functions accordingly-
(b)anything done or any action taken (including any appointment, delegation, notification, order, scheme, permission, rule, bye-law, regulation or form made, granted or issued) under the Orissa Town Planning and Improvement Trust Act, 1956 (Orissa Act 10 of 1957) and Sections 247 to 251 and Chapter XVII of Orissa Municipal Act, 1950 (Orissa Act 23 of 1950) in respect of whole or part of a development area, shall so far as it is not inconsistent with the provisions of this Act, continue to be in force and be deemed to have done or taken under the provisions of this Act unless and until it is superseded by anything done or any action taken under the said provisions;
[(b-1) Any work or construction or reconstruction of building undertaken, carried out or completed in contravention of Sections 247 to 251 and Chapter XVII of the Orissa Municipal Act, 1950 (Orissa Act 23 of 1950) or any rules, bye-laws or regulations made thereunder in force at the relevant point of time or any orders made or permission granted in respect thereof within the whole or part of development area and to which the provisions of Clause (b) do not apply, shall be deemed to be a development undertaken, carried out or completed without a permission as referred to in Section 15;] [Inserted vide Orissa Art No. 4 of 1985-w.e.f. 15.12.1984.]
(c)all debts, obligations and liabilities incurred, all contracts entered into, all matters and things engaged to be done by, with or for the existing Planning Authority shall-
(i)in respect of a development area be deemed to have been incurred entered into or engaged to be done by, with or for the concerned Authority;
(ii)in respect of area or areas other than a development area be deemed to have been incurred, entered into or engaged to be done by, with or for the Planning Authority or Authorities that may be constituted by the State Government for such area or areas under the provisions of the Orissa Town Planning and Improvement Trust Act, 1956 (Orissa Act 10 of 1957) ;
(d)all properties, movable and immovable, vested in, and all rents, fees and other sums due to the existing Planning, Authority shall-
(i)in respect of a development area vested in or be due to the Authority,
(ii)in respect of area or areas other than a development area vested in or be due to the Planning Authority or Authorities that may be constituted by the State Government for such area or areas under the provisions of Orissa Town Planning and Improvement Trust Act, 1956 (Orissa Act 10 of 1957) in such manner and in such proportions as may be determined by the State Government;
(e)all suits, prosecutions and legal proceedings instituted or which might have been instituted by, for or against the existing Planning Authority, shall-
(i)in respect of a development area may be continued or instituted by, for or against the concerned Authority;
(ii)in respect of areas other than a development area may be continued or instituted by, for or against the Planning Authority or Authorities that may be constituted by the State Government for such area or areas under the provisions, of the Orissa Town Planning and Improvement Trust Act, 1956 (Orissa Act 10 of 1957).
Notification[No. 37639-T.P. Estt. 65/83-H.U.D.-31.8.1983 - In exercise of the powers conferred by Sub-section (1) of Section 83 of the Orissa Development Authorities Act, 1982 (Orissa Act, 14 of 1982) the State Government do hereby constitute an Art Commission for the State of Orissa consisting of the Chairman and the Members as specified below, namely :
1. Chief Architect, Orissa Chairman
2. Artist Member
3. Principal Government College of Arts and Crafts Sculptor-Member.]
[Vide Notification No. 37639-TP-Esst.-65/83-HUD/31.8.1983.]