Section 48 in The Orissa Municipal Corporation Act, 2003
48. Dissolution and reconstitution of the Corporation.
(1)If in the opinion of the Government the Corporation is incompetent to perform or persistently makes default in performing the duties imposed on it or undertaken by it or under this Act or any other law, or exceeds or abuses its powers or fails to carry out the directions given to it under the provisions of this Act or any other law, they may, by notification, direct that the Corporation be dissolved and reconstituted by such date not being later than six months from the date of dissolution :Provided that a Municipal Corporation shall be given a reasonable opportunity of being heard before its dissolution :Provided further that where the remainder of the period for which the dissolved Corporation would have continued is less than six months, it shall not be necessary to reconstitute the Corporation for such period.(2)Before publishing a notification under Sub-section (1) the Government shall communicate to the Corporation the grounds on which they proposed to do so, fix a reasonable period for the Corporation to show cause against the proposal and consider the explanations and objections, if any, of the Corporation.(3)On and with effect from the date of publication of such notification, all the Corporators including the Mayor and Deputy Mayor shall be deemed to have vacated their offices as such without prejudice to their eligibility for election under Sub-section(4).(4)Fresh elections should be held to reconstitute the Corporation in accordance with the provisions of this Act and the elected Corporators of the reconstituted Corporation shall hold office only for the remainder of the period for which the dissolved Corporation would have continued had it not been so dissolved.(5)A copy of the notification issued under Sub-section (1) shall be laid as soon as may be before the Orissa Legislative Assembly.(6)During any interval between the dissolution and the reconstitution of the Corporation all or any of the powers and duties conferred and imposed upon the Corporation, its Standing Committees, the Mayor and the Deputy Mayor, by or under this Act or any other law shall be exercised and performed by an Administrator appointed by the Government in that behalf.(7)The Government may direct that the administrator shall be a whole time officer and when such a direction is issued, he shall be paid out of the Corporation fund such monthly salary and allowances as the Government may from time to time, by order determine.(8)In case, an Officer of the Government is appointed as Administrator, the Corporation shall make such contribution towards the leave allowances, pension and provident fund of the officer as may be required by the conditions of service under the Government to be paid by him or for him, as the case may be.(9)In the discharge of his function, the Administrator shall be guided by such direction in matters of policy involving public interest as the Government may by order specify and if any question arises whether a direction relates to a matter of policy involving public interest the decision of the Government shall be final.(10)All properties of the Corporation shall, until its reconstitution vest in the Government.
