The Odisha Panchayat Samiti Act, 1959

[Received the assent of the Governor on the i 5th Febncary 1960, $rsr published in M extraordinary issue of the Orissa Gazette, dated the 19th February 196q WHEREAS it is expedient to provide for thc establishment of * Panehayat Samitis in the State of Orissa and for matters connected therewith or incidental there$ in the manner hereinafter appearing; It is hereby enacted by the Legislature of the State of Orissa in the Tenth Year of the Republic of India as follows :- 1. ( I ) This Act may be called the Orissa short titla, Ipanchayat Samiti '"1 Act, 1959. extant abd aommonc* mt. '[(2) 1: shall extend tn ihe whole of the Statc of Odssa : Provided that save as otherwise expressly con- tained in this Act nothing therein shaU apply to any local atea with a population of more than twenty thousand to which the provisions of the Qrjssa elg Municipal Act, 1950 or to any area to which the provi- s dm. sions of the Cantongents Act, 1924 have been or - , may hereafter be extended.] I. For Staterntnt of Objects and Reasons, J# Or&sa Gaze t t e .Ex tmord i~p~ , dated the 12th IXcmk, I958 (No. 611) and for P-rwrr of Selat Cgn-mj(tgr see ibLf, d,td the 17th Deamkr , 1959 (No. '6fi8). 2. The words "Panchayat Sarniti and" inserted by the On'= zgio Parishad (Awcndpent) Act, 1961. {Or. Act 24 'of 1961); s2. -3. Thu & %id Zilla Parishad" o m i l k d ~ h e Wfsa h c h a v 8 t Sadti snd ZiUa Parishad [S~COKI~ A m m d ~ ~ i ) Aa, 1967 {Or. Act 1 of 1968). r2(a). , , . 4. wor& "Zib Parishad* and" on?iWl by ibu? 6.2(6). 5. S~bathetod by tbo 0 th Zilta mishad 'dmcndn~cnt) An, IN1 (&.Act%, of I%1), s. 3(f1). 136 THE OIUSSA FANCHAYAT SAMITI ACT, 1959 [Or. Act7 (3) This section and sub-section (2) of section 2 shall come into force at once and the remaining .sions of this Act shall come into lorn1 in any GZ6i on.such date as the Government may by notScation appoint. (4) Any notification, order, or rule and any appointment to an office to be issued or made or any election to be held under this Act may be so issued, made or- held after the date of passing of this Act and shall take e5ect on the date of the coming into force of the 'remainling provisions thereof in pursuance of a notification referred to in sub-section (3). . bactments. ,roPcalcd. 2. (1) With effect from the date appointed irr the. , . notification under sub-section (3) of section l' - in- respect of any district the ewctments speaed in - - - the Schedule so far as they are in force in the State of Orissa, shall as regards such districts be repealed , .to the extent mentioned in the third cdlum, of .the --.-said. Schedule. (2) The Orissi ~ i i t r i c t Boards and, :Local Boqds. (Control and Management) Act, 1 954, shalt notwith- 8z2a- , . - . '.sts~adbg a n m g contained . therein continue to . . . .. .rexqain in force in any district till thc date ap@oi&d :la; accprdance with sub-section (3) of section 1 and bn.and Wrn such date the prqvisions of the -aforesaid . .-Act s M - ,stand repealed m .fespect of sui;h district,: Cri -s\uch repeal, -the provisions of section ,5; of .the'. .. - ... ., . . Orissa General Clauses . . Act,' . '1937, - shall .apply,. . .I orism of 1937. Aet -.&bition.s. : ,3. B. . this- . . Act, unless . the . . c o ~ I ~ . otherwise -.- - -. . . . ' . . . . , , . _ ..' , , . . . - - . . - . . , re&es,- . - . . .... . . .r . , . . - . ': -.. . ' . (a) :'Block' me&& the 'Block - fioti'fkd , . . undg : . - ..siction 15j.' ...- - .:. , ,@I -LCD: istr , ict- - B&*. a ~ j i ~ ~ i a . ~ b ~ d ; : : - . , ' :., - , , . ,Local. Board, U2rion Bhdd or Wniop. .: ' - - *' . ,. -Committee cqnstituted for the local administratian QX the district or any part thereof under the Bibar and Orissa Lo~ali~~t~ t : Self-Governqent Act, 1885, the Madras & Local Boards' kt, 1920, the Madras hcal l . 14 oP:l%- ,.-Bbilrds A& 1320, as ap lied to the district d Koraput or t g e S a r n b a l ~ ~ ~ ~ ~ ~ ~ Lo.caJ- Self-Govenunent Act, 1939 ;, - - '6'6'f 1-9. . . 1. Came into force with frpm 26-1 -1961 Ned Noacation No. 37fr. a'... dated 23-171961, pubLished h. tho ol-i~g Gaqerre, mtraordhry, dam 23~1-1961 (Nu. 83): . , . . . . . THE ORISSA PANCHAYAT SAMITI Am, 1959 137 c) "Government" means the State Government ( . - of Orissa; . , '[(el) "Grams" means a &nstituted Orhsa Act 1 of 1948. under the Orissa Gra-ha Panchayats Act, 1948 ';1 - . Oriaea A C ~ . (d) "Grama parkhayat" mea'fls the Graitii 1s of. 1948, Panchayat constituted under the Odsa: Grama Panchayats Act, 1948 ; q(d- 1) "0 fficial" shall have reference to Govern- ment servants and the word "non-oBdal" shall be .construed accordingly; , . (d-2) "Qidinacy resident, in a,ny area" with d- . ' .': ' ,its 'bamniaiical variations and cojgnate exgressiorr~ shaU have reference to a persoxi -whose name finds place in t& electoral r~ l l for fhe iimg being in force prq.ar,edr : '. under- the'Represevt,atibn df t%e People Ad, . , . - . ' 19% in so. . . . X5ir as the.. rpU re5tes to, sueh:: . . . . . . - . . . &*;I. - ( e ) LPajichayat. . - Siimiti'' hereinafter referred'.' ,to -.as- 'the "S8mitir means the Panchayat ' Samiti w.n~@tu$ed . . 9 d r - . s,ec$& ,. 16; : . . .'[(P~)'c'Pop~~ation~ol( meQns popuIfitiijn as.' , . , . . . . . . . . . . . . . , . .. : ascertained in ,$he last- prekding. census; . -:. - . :: . . . . . )-of, ... whjchh- the.. dfelgvgnt. &uxqs. haye been I-- .. .,. , ;.: . -.: . , A . - ' , . . . ' . , . . . .phbHshed I<.: :; :: -: :, : :.-:,,. , ,:-:: . , , - ,. ,, . > v . . , % . ' . - , . . . ;. : .:. . . . . . . . . , - - . . . , . . . . . . . . . . . . . . - . . . , . - ¶ , . . . , . . . 1' - . . - . . . :. I - - - . . ~ . . p -; - , , ;. - -. ... " re~c&ed>~. mep . . p r , q ~ ~ t $ ~ . by rules- . . . ., , ,. .' , : :@a$e . . . - ;iinder,-'this- . .Act-; - , . . - . . - ' I , .. - [Oh A.ct ' Constitution of Blocks. , 15. ' [ ( I ) ] The Government shall, by notificatbn, divide each district into such number of local areas as they deem fit. Each such area shall be known as a BIock and be given such name as may be s e e d in the said notification. 2[(2) Government may from time to time by notihation r e d e b i t any local area r e f d to ih sub-section ( I ) by- (i) excluding from. ' such laa l area any. -; or . (i i) including in sucb local arei any Grama.cOntii guous thereto, and may alter the &e %den to sn* local area. (3) On the issue of a notifiation under sub- section (2) the duties. apd respops'biilitie foi the, execution of development works and .,all as- qnd liabilities in respect of such works thin tbe Gtmm shall, subject to the rules, if any, made in that be adjusted and apportioned as betwm the cornbud $aniitis.i?l such manner as Sfthe Co4&or] m y dixest ahd in the, case .sf any dispute the. decision of Govern- 'ment ,thereon shall be final: . - Provided that Government may ,while issuing it, notzcation under sub-section (2), , make such urn* rary drders or give such t e n i p o w directions as they consider necessary for the afbresaid - pzllpo*, (4) Upon the transfer of a Qama from one Block to another in pursuance of a notifkcation under sub-section (2) . the. members of -the Samiti ordinarily residin in such Grama shall, with effect' from, l he ' date o ! the notification, cease to be members of the Samiti in which the Grama was represented and 'without prejudice to the provisions of sub-section (3) of section' 1.6, -me members of t& S a d of the Block - to :which the Grama is tramfme'd;] ' . . 1. Re-numbered - by 'Uye qrissa Wa Parishad bbmd&ntj Act,, 1961 (Or. Act 24 of 19611, 3.- 15. - Z-Inserted by Bid. 3. Substituted by the 6 P a n m t U S amftid Zma bcn-t) Act, 1963 (Or. Act'I of 1968). S. 7. (Seca. 15-A-16) '[ 15-A. For every Block constituted under S ~ C - A poiatmeat tion 15 there shall be a Block Development ~ f ioz r&& to be appointed by Government: Officer. Provided that Government may nominate a member or employee of any non-official olganisation engaged within the BIock in development work, with the consent of such organisation and the Samiti constituted in respect' df- the Block, to exercise the powers, , discharge the duties and perfom the functions of the Block Development Officer and may in like manner modify or cancel such nomination. Explatlation-The person so nominated shall be deemed to be the Block Development Oficer and an ofbcial member of the Samiti for all purposes of this Act.1 16. (2) Every Block shall have a Samiti ~ o n ~ i ~ t i a g ~ n s t i t u t i o n of the following members, 'namely:- of Panehayat LO '[(a) the Chairman of the Samiti elected insmit i . accordatce with the provisions of clause (a) of subsection -(3);] (b) the Block Development Officer of the Block to be appointed by the Government; 3[fi) one or more of the employees of Government to be nominated by d*-ign~:ion by Government ffbm each of the departments dealing 'kith Education, Revenue, Agriculture, Co-oQerative, Veterinary, . Grarna Panchayat, Forest, Medical, Health, Works, Welfare and such ot.her .depa'itments as may be notified by Govern rnent : Provided that Govkrnment may in addition to or in lieu of any of the aforesaid employees nominate by designation any of the employees of any non- official organisation engaged in development work w~thin the Block and persons so nominated shall be deemed to be official members for the purpoaes of this Act;] "4 * * * (e) Sarpanches' of the Grarna Panchayats situated within the Block : -- 1. Inserted by the Orissa Zilla Parishad (Amendment) Act, 1961 (Or. Act 24 of 1961), s. $6. - 2. Inserted by the Orim Pawhayat Samiti and Zilla parishad (Amendmen[) Act, 1965 (Or. Act 1 of 11966), s. 6 (i) (a). T h i s cIause was prtviousl omitted by Or. Act 24 of 1961. . . 3. -%brtituted by the Orirra Zilla Rdsbad (Amadmat; ~ . t , 1961 (Or. Act 24 of 1961), s. 17 (a) (ii). 4. Omitted by the Orisse PAchayat Samili and Zilla Parished (Amendmca)) Act, 1965 (Or. Act X of 19661, s. qi) (6). 140 THE ORISS.~ PANGHAYAT SAMIT! ACT, 1959 [ a. Act 7 ( S c . 16-cott td.) '(Provided that a Sarpanch suspended from 05ce under , ~ e provisions of the Orism Grama Panchayats Act, 1964, shall cease to b.e a member of .the Samiti during the period of his suspension and the. Naib- Sarpanch or, in his absence, the pewon elected or nominated under section 21 of the said Act to exerciae the powers and perform the functions of the Swrpanch shall be deemed to be a member of the '~amiti in place of the Sarpanch so suspended.] - ' Z[ df) Chairman of the Municipalities with a populatian.not exceeding twenty thousand. situated .within the Block; and Cg) Chairman of ecch of the Notified Ai's;: Council with a population not exceeding twenty thousand situated within the- Block j provided that where the Chairman is not an elected member of such Council. a non-official member of the Council to .be nominated by Govmment.] 3[(Z) If the members of a Samiti specified in sub-aectioa (1) and having the right to vote do not include a woman or a erson belonging t o the B Scheduled Casks or S C ~ ul+ed Tribee, such meibers shall, at a meeting specially convened for the purpose by the Collector, eIect* in the prescribed manner the requisite number of I;eraoae as may be neceaaary for filling up the eficiency : Provided that ,the absence of a member of the Scheduled Castes or a member of the Scheduled Tribes shall notr .behdeamed7 to be a deficiency, if the. : population of such Castes or Tribes, as the caae may be,. is less than five -per centum of the total population on the baais of tbe latest censua figures of the Block. Explanation-The apreasions "Scheduled Castes"' a& ('Scheduled Tribes -'' shall have the same meanin3 as asaigned,to them in the Constitution of India. (3) (a) The members of all the Grama Panchayata within the jurisdiction of the Samiti shall, in the prescribed manner, elect the Chairman of the Samiti from among persons who are elected as or are eligible to be elected as members of any such Grama Pancha yat : 1. Ihserted by the Orissa Pancharat Samiti (Amendmeflt) Ad. 1980 (Or. Act 9 qf 1980r, s. 2, w. e. f. 15th Octoter, 1980. 2. Inserted by the Orissa Zilla Pariihad (Amendmat) Act, I961 (Or. Act 24 of 19611. f. 17 (a) fiv). 3. Subshtuted by the Orjsa Panchnyat Samiti and Zilla Farisha (Amend- ment) Act, I966 (Or. Act I of 1966), s. 6 (ifi. (b) The members specified in clause (e) of sub-section ( I ) and the members, if any, elected under sub-section (2) shall, a t a meeting convened by the Collector in that behalf, elect a Vice-chairman from amailg the~nselves in the prescribed wanner : Provided that no election under this clause shall take place prior to holding of election, if any, required under sub-section (2). (c) A n y person holding office as the Chairman of a Samiti shall, if he happens to be a mewber of a Gram Panchayat, cease to be such member and so long as he continues to be such Chairman, shall not be eligible to be such mzmbtr. (4) The fern1 of ofice of the member, if any, eIccted under sub-section (2) shall be j[five years]. ( 5 ) The meetings referred to in subswtion (2) and clause (b) of sub-section (3) shall be presided over by the Collector or any other GazeDed Officer authdrised by him in this behalf. (6) The Collector shall cause the names of the non-ogcial mem hers of the Samiti to be published in the prescribed manner . ,and t,he : members sha1I be , ,. - deemed to have held office, with, c - effect from . . the . date . 'of:such pub1icati6n.l : , . , , , . . , , . , ... , . . . . , 17. Every Samili shall by tila name of the Block fg$Tpn- for which rt is constituted be a bcdv corporate andsamitis. shall have pc~pctual succession and - a .cohmon ?tnI and subject t o any restriction and qualifi~ai~;.i, imposed by or ,under this or any other enactment sh312 hake power to acquirr: and hold property both movable and in1mov;lble and subject 10 any rules plzscribed, to transi'er any such p140pert,y held by it, to enter into conrracts and to do all- other things necessary, proper or expedicilt for the purposes of this Act may-sue and be sucd in its co~porate name. -- 1. Omitted b$ the Orissa Panchayat , Samiti and Zi11g Parishad ?s&mnd A m c ~ ~ d m e ~ ~ t j Act; I967 (Or. Act 1 Of 1968). S. 8. 2. Omitted by the Orisxi Panchayat Sarniti (Amtndmcot and ~atidntion) A<!, 1972{0r. Act 19 of 1972) ,s. 2. 3. Substituted by thc Oriw Pnnchaat Samiti (Amendmnt) Act, 1977 (Or. Act 13 of 19771, s. 2. 142 TFE ORISSA PANCHAYAT SAMITI ACT, 1959 [Or. Act 7 (Secs. 18-19) anduct or 18. ( I ) The meetings of' the Samiti '[and the ~ ~ ~ ~ i ~ f Standing Committees thereof ] shall be held and in the prescribed manner. 2[(2) A member of the Sbte Legislature, 3+ r(: + * shall bc entitled to notice of and shall have a right tr, take part in the proceedings at every meeting of the Samiti of the Block any portion of which forms part of the constituency which such member repres znts, but shall not have a right to vote at any such meeting: 1 4[Pro~ided that when the member of the State Legislature becomes a Minister, Minister of State, Deputy Minister, Speaker, Deputy Speaker, Govern- ment Chief W hip, 'Deputy Government Chief Whip or Leader of Opposition, such member may nominate any person to represent him in the aforesaid proceed- ings.] ' [ (3) The official members of a Samiti and the non-official members thereof specified in clauses Gf) and (g) of sub-section ( I ) of section 16 shaII not have a right to vote at a meeting of the Samiti, but shall have a right to take part in the proceedings at such meeting.] ' [ (4) The '[Revenue Divisional Commissioner, Colle&or And Subdivisional Officer having jurisdiction and such other officer as the Government may direct] shall have the right to speak and otherwise take part in the proceedings at a meeting of any Panchaya~ Samiti or any Standing Commit tee thereof function- ing within the local limits of his jurisdiction but shall not be entitled tovote at any such meeting.] Chairmnn o: '119. ( 1 ) The executive authority' of thk 'Samiti the Samiti to shall vest in the Chairman and it shall be his duty to be tiye lhe authority. have the resolution of ' the Ssmiti implemented through the Executive Officer of the Samiti. (2) The BIock Development OBcer shall be the Executive Officer of the Samiti and subject to such rules as may be prescribed in this behalf, shall' func- tion under the control of the Chairman of the Samiti. 1. Inserted by the Orissa Zilta Parishad (Amendment) Act, 1961 (Or. Act 24 of 1961), 5. 18 (0. 2. Substituted by ibid., s. 18 (ii). 3. Omitlcd by the. Orissa Panchayat Samiti and Zilla Parishad {Amcnd- ment) Act, 1965 (Or. Act 1 of 19661, s. 7. (i) . 4. Inscrted by tho Odssa Panchnyd Samiti '(Amendment) Acb, 1977 (Or. Act 13 of 1977), s. 3. 5. Substltured by the Oriaa Pgchayar Samiti and Zilla Parishad (Amendment) ACC, 1965 (Or. Aci 1 01 19b6), s. 7 lii). - 6. Inserted by !be Oriss? Z i h Parisbad (Amendmat) Act, 1960 (or, Act 18 of 19606 s. 6. ' 7. So stituted by tha Oricsa Zilla Parishad (Amcndm:nt) Act. 1961 (Or, Act 24 0f'I961), S. 18 ( iv). , . 8. Substitutsd by lbid., S. 19. (3) The Executive Officer of the Samiti shall exercise such other powers and perform such other functions as may be prescribed.] ' [20. ( I ) A Samiti shall, subject to such terms Powers a*d lunclionr of and conditions as Government may, from time to Sami(i. time by order specify, exercise the powers and per- form the functions hereinafter provided- (a) planninp, exeoution and supenision of development programmes, schemes and works in the Block relating to Community Development including ttil=w pertaining to "Tribal Development Blocks" for tiie time being recognised by Govern- ment as such and of such other programmes, schemes and works as Government, may, from time to time by general or special order, . , , direct in respectbf ariy Samiti ; (b) management, control and spread of prid maw education in the Block,; (c) management ,of such trusts and endowments and other institutions as may be entrusted to thern under any law for the time- being in force or under orders of Government ; (4. supervision of enfarcement of laws relating to vaccination and registration of births and deaths ; (e) borrowing of money and granting of loans subject to such terms and conditions as may be prescribed for carrying out the purposes of this Act with the previous approval of Government ; supervisory powers over the Grama - Pan&ayats within the Block to be exercised in such manner and to such extent as may be prescribed. ; and (g) such other functions as may be assigned to it by the Government from time to time : '[Provided that the powers and functions of the Samiti in relation to primary education as specified in clause (b) shdl not include the powers and functions in respect of appointment, removal and transfer of and in respect of sanction of leave to the teachers and other members of the staff engaged in primary education.] 1; 1, Substibted by the Orissa Zilla Parishad (Ameadmont) Act, 1961 (Or- Act 24 of 1961), s. 20. 2. h& by the Orissa mnchayat Samiti and Zia Parkhad (Second Ameadnient) Act, 1967 (01.. Act 1 of 19681. s. 9. 144 Tm O ~ A PANCHAYAT SAMTI ACT, 1959 [Or. Act 7 (2) The Chairman and every other non-official member of a Samiti shall, .subject to such restrictions as may be prescribed, have power to supervise all works undertaken by the Samiti and all institutions under the control of the Samiti. (3) The Samiti may entrust the execution of any work in any Municipal area or Notified Area within the Block to the concerned Municipality or Notified Area Council and may exercise such control and supervision over such Municipality or Council as may be necessary for the proper execution thereof. (4) For the efficient discharge of its 'functions the Samiti shall. constitute Standing Committees whose numbers, composition, powers and functions shall be as may be prescribed : Provided that the Samiti shall - have power to co-opt such number of persons from outside as inay be specsed in rules made in tbat behalf.] Powen and hmcti0115 of '[20-A. ( I ) The Chairman of the S a w shall- the Chair- man and (a) convene and conduct the meetings of the Vice--- Samiti ; and man of Samiti (6) have power to inspect and supervise all works undertaken by the Samiti. (2) The Vice-Chairman of the Sarniti s W exer- cise such powers and perform such functions of the Chairman as the charman may, from time to time delegate to him in writing and the Chairman may in like manner withdraw all or any of the powers and , functions so delegated. (3) Wlien the office of the Chairman is vacant the Vice-Chairman of the Samiti shall, for all the purposes of this Act exercise the powers and erform the fun&ons of the Chairman until a new C rman is elected. L (4) The Chairman and in his absence the Vice- Chairman shall preside over the meetings. of the Samiti and in the absence of both. at the meeting any other non-official member of the Samiti present may be elegted to reside over the meeting. 1. h m t d by the 0th W a Parishad (Amendment) Act, 1961 (Or. Aet 24 OZ f9611. S. 21. of 19601 THE ORISSA PANCHAYAT SAW Am, 1959 (5) When the office of the Chairman is vacant or the Chairman has been continuously absent from the Block for more than fifteen days or is incapacitated for more than Bteen days and there is either a vacancy in the office of the Vice-Chairman or the Vice-Chaii- man has been continuously absent from the Block for more than Uteen days or is incapacitated for more than - fifteen days, the powers and functions of the Chairman shall- devolve on a member of the Samiti from out of a panel of three such members in order of riority nominated by the Chairman in that b e d w h o shall be the officiating Chairman and shall exercise the powers and perform the fun0 tions of the ~Chairmah, subject t~ such i-estrictions and conditions as may be ~fescribed, until a Cbairwn or Vice-Chairman assumed office on baing duly elected or, as the case may be, taken charge of his office.) 21. (1) Whenever it appears that it will be for f;;zp;Y the common good for two or more Samitis under- h, ,,,,, taking any work jointly the said Samitis may, at samitk the instance of the '[Gover.runenfl or of their own iointly. accord subject to the previous sanction of the Govern- ment, execute such work jointly, (2) When any such work is taken up jointly the concerned Samitis shall, with the approval of the '[Collector] select one person from amongst their executive authorities, who shall be kept in charge of the execution of the wcrk. (3) The 2[Collector] shall, for the purpose of such execution, determine the amount which shall be contributed by each of the concerned Samitis. 1. Substituted by the Orissa Panchqat Samiti and Zilla Parishnd (Sanc! Amendment) Act, 1967 (Or. Act 1 of 19681, s. 10 (a), for "ParIshad". 2 Substituted by ibid, s. 10 (b) for "Parishai3". 3. Omitted by the 0- z U ~ Parishad (Amendmcot) Act, 1961 (Or. AC. 24 of 1961), s. 22. 1 4. Omitted by thc Orha Grama Panchayat Act, 1964 (Or. Act 1 of 1965). 8. 153 (21, 146 THE ORXSSA PANGHAYAT S A M I ~ ACT, 1959 [Or. Act 7 Budget of the Samitr. 24. (1) The executive authority of the Samiti, shall fn each year prepare and place before the Samiti on or before the prescribed date a budget estimate for the following year containing such particuIars ,as may be prescribed and the Samiti shall sanction the budget with such modifications, if any, as it thinks fit. (2) The budget of the Samiti shall, after being so sanctioned, be submitted on or before the prescribed date, to the '[Collector 3 Z* * *.. The l[Collector] shall, if [he] is satisfied that -ade-- quate have not been made therein for the performance of any necessary service coming within the functions of the S a d , have power to modify the budget in such manner as may be necessary .to secure such provisions, and such modification, if any, shall be made witbin the prescribed period failing which the budget of the Samiti 'shall become final. (3) If in the course of a year, a Samiti, h d s it necessary to alter the figbyes shown in the budget with regard to its receipts or to the distribution of the amounts to be expended on the different services undertaken by it, a supplementary or revised budget may be framed, sanctioned, submitted and modified in the m a k e r provided in sub-sections (I) and (2). Appointment 25. (1) The Samiti, r* * a and canditinns with the approval of the Government, shall deter- orserviceof mine the number and grade of the employees to be the C ~ D I O Y W of appointed to the services of the Samiti. thd simiti. (2) The Government may at any time create such posts for the Samiti as they m a y consider necessary for carrying out the purposes of this Act. (3) The manner of recruitment and the authority to appoint the employees of the Samitis, their quali- fications .and conditions of service shaIl be as may be prescribed. 1. Substitutcd 'by thc Orissa Panchayal Samili and ZiUa Parishad ( h n d Amcndmcnt) Act, 1967 (Or. Act 1 of 19681, s. Il(o) for "Parishad". 2. 0rnirtcb by ibid. s. Il(b). 3. Substiluted by ibid, s. I lea), for "it". '[25-A. Save as otherwise expressly provided :imitation in this Act the power, control or authority of the Jurisdiction '* * * Samiti shall not extend over any Noti- ;lpliz~cih fied Area Council or Municipal Council no twi th- standing the fact that any such Council is within the Block.] CHAPTER IV 28. (1) AII moneys ,received by a Samiti shall Panchayat Samiti Fund constitute a fund called the "Paachayat Samiti Fund". The Fund shall vest in the Samiti and shall be applied for the purposes specEed in this Act and for such other purposes and in such manner as may be pres- cribed. ¶[(2) The Block Development Officer shall, subject to the control of the Government, remain in charge of the Paachayat Samiti Fund and shall subject to such rules as may -be prescribed administer the same in ,awordafi&. with .the decisiod of the Samiti. (3) All moneys received by the Samiti shall be lodged in the nearest. Government Treasury or with the sanction of t h e Government in any Bank approved by them.] 1. Lnscrtcd by thc .Orissa ma ~arishad (~mcndAnt) Act, 1961 (Or. Act 24 of 19611, s. 23. , . 2. m i t i e d by the Or@a . ~ m b a y a t Samiii and Zilla isha had w a n d Amendment) Act, 1967 (Or. Act 1 of 1968), s. 3. . , . , , - , 3. Omitted by:ibid, s. 13. , . 4. Sections 26 and 27 omittcd by ibid, S. 24. 5. ~ u b s t i l u k by the Orissn ZiUa Parishad (Amc~llinent) Act. 1961 (Or. Act 24 of 1961), s. 26. , - 148 THE O ~ S A PANCHAYAT SAMI'X~ ACT, 1959 [ Or. Act 7 Income and expenditure 29. (1 ) The sources of income of a Panchayat nf $he Samiti shall consist of- -- - - Samiti. (i) funds relating to institutions and schemes transferred by the Government or Heads of Departments of the Government to the Panchayat Sainiti ; (ii) funds relating t o the Community Develop- ment programme ; (iii) Central and State aid and aid received from the All-India Bodies and Institutions for the development of cottage and village industries, khadi, silk, coir handicrafts and the like ; (iv) dollations and contributions received by the Samiti from Panchayats, or from the public in any form ; (v) such share of the land revenue, State taxes or fees as may be prescribed ; ( v i ) proceeds from taxes, surcharges or fees which the Samiti is empowered to levy under this Act or any other law ; (vi i ) such contributions as the Samiti may levy from Grama Panchayats; '* (vii i) income from endowmeits, trusts br other institutions administered by the Samiti 2[and] 3[ (ix) grants from ally 2uthorities, organisatiocs or statutory bodiesj. (2) The expenses of thc Sapziti shall include the salaries and allowances of its employees, the travelling expenses incurred by the members of the Samiti for attending the meetings of the Saniiti. any item of the expenditure directed by the Goveml; :elit for carrying out theL.purposes. of. this ,4ctvand such other expenses as may be necessary fur such purposes. 1. bmillcd by .I.,: arissz Zilh Parkhad (Amendment) Act, 1961 (Or, Act 24 of 1951). o. 2'; ;c?. 2. Added by Ibg, s. 27 (b). .c- . 3. Inserted by ibid. (3) AII amounts levied and realised on account of fees by the Samiti shall be separately accounted for and utilised solely for the purposes for which such fees had been respectively h i e d . 30. The accounts of I* * the Samitih,wE shall be maintained and published in the prescribedwti. manner, Otissa k t '131. ( I ) The provisions of the Orissa L . a c a I ~ ~ ~ f _ , lgU Fund Audit Act, 1948 shall apply in regard to thes~ t l audit of the '* * * * Panchayat Funas. Samiti Funds. (2) Notwithstanding anything contained in the aforesaid Act, for the purposes thereof, the .Govern- ment may, by notification, appoint an oficer of Government to be the Examiner of Local Accou~ts and such number of Deputy or Assistant Examiners of Local Accounts as they may consider nassary to exercise such powers and discharge such functions ofthe Examiner as may be assigned to them by Govern-: ment. The Examiner m, so appointed may, with the ' . approval of the Government, appoint .such number of auditors as he may- deem necessary.] CHAPTER v 32. ( I j On the coming into -force of this Act F U ~ ~ and in any district all properties and institutions within p IODCI~Y ar a Djstricl the district that remained .with the District BoarL and nwrd to the fund belonging to such Board shall vest in and g;:zmcn,. belong to, and the liabilities .of such Board s h y be, taken over, by the Government. A11 such p! mer- ties and institutions shall be' under the direcuon, management and control of the Government : Provided that all such properties a and inst itu- tions of a District Board which have been transferred either wholly or only for management to any Depart- - 1. Omilted by the Orissa Panchayat Samiti and Zilla Parkhad Amendment) Ac$ 1967 (Or. Act 1 of 1968). S. 15. 2. Substituted by thc Orissa 2 - i Parishad (Amendment) Act; 1961 (Or. Act 24 of 1961), s. 28. 3. Omitred by the Orka Panchayat Samiti and Z i h P m a d ( w a d Amendment) Act, 1967 (Or. Act 1 of 19681, S. 26. I JU Tm ORISSA PANCHAYAT SAM^ ACT, 1959 [Or. Ad 7 ment of Government before the date of copmence- ment of this Act shall be deemed to have been duly transferred under the provisions of this Act and to have wholly vested in the Government. (2) It shall be lawful for the Government from t h e to time to direct t-hat any property or institu- tion belonging to or under their control and subject $0 such exce tions and conditions as the. Govern- ment may ma g e or impose, be placed under the control and management of the l* r(r . * Samiti within whose ' [jurisdiction] such property or imtitu- tion is situated. 'E (3) The 4* * * Samiti may, with the previous approvai of the Government and subject to such terms and conditions as the Govern- ment may impose, place any property belonging to or under the control of such '* * ' * Samiti, under the control and management 6[of any Gram Panchayat] having jurisdiction] ' ~ e c o v e r ~ of 33. (1) AU sums due to the District Board ~ s ~ t on account of rates, taxes, fees and other levies -t0f*a. imposed by it including the anears thereof and & other sums otherwise due to the Board on the date of repeal of the enactments specified in the Schedule may be recovered by the Government as though such sums were dues of Government. (2) The dues . speczed above shall, without prejudice to any other mode of recovery, be recoverable as arrears' of land revenue. 1. The words ''Parkhad or" omitted by the Or& Panchayet Samiti and Wla Parishad (S#x,nd hendment) Act, 1 9 0 (Or. Act 1 01 1968). s. 3. 2. Substituted by tho Orissa Z i b Prvishad (Amendment) Act, 1961 (Or. .k t 24 of f961), s. 29 la). 3. Added by ]bid, s. 29(bI. 4. Omitted by the Orissa Panehayat &miti and Zilln Parishad (Second Ammdment) Act, 1967 (Or. Act I of f968), s. 3. 5. The words "Parishad or" omitted by ibid. 6. Substihtcd by *id, s. 17 for "rcspatively of my Samiti or G-a pchayat". CHAPTER VI l[34. It shall be the duty of the Government 0 1 ~ 2 ~ ~ ~ ~ ~ such officers or authorities as they 111ay authorise to tending officers of* see that the proceedings of the Samitis are in lamiti. conformity with the provisions oft h is Act and the rules made thereunder and that the implementation of the decisions taken therein and all actions taken by the Samitis for carrying out the provisions of this Act and the rules made thereunder are free from fraud, misappropriation, embezzlement and other criminal bearings.] 35. The Collector of the district or any officer or Powcr of cntry of person whom the Government may empower in this inspectbB behalf mav at all times enter on and inspect or causeomccr~. to be entered on and inspected- i (a) any immovable property, or any work in progess, under the control of any l* I * Samiti; (b) any school, hospital, dispensary, vaccination station, choultry, d harmasalas or other institution8 maintained by, or under the control of, any '* * * Samiti and any records, registera or ot.her documents kept in such institution; and tc) the office of any ?* * * Samiti and any recoxds, registers or other documents kept therein. 36. SLI-bject to such rules as may be made in that A ~ ~ c ~ ~ of behalf 3[the Sawiti] and its Chairman and employees$~:$ shall at all reasonable times be bound to afford *samiti to the officers and persons referred to inPrOprw. 1. Substituted by the Orissa Panchayat Samiti (Amendment md~afidation) Act, 1912 (Or. Act 19 of 1972), s. 3. 2. The word* "PariJbad or" and "Pa fishad and'' omilt-d by the Orissa Panchayat Samit~ and Zllla Parishad.(Sccond Amendmcnl) Act. 1967 (or. ~ c t 1 of 1968),$, 3. 3. ~llb&ituted by ibid.,s. 19, for MI^ Paristad or Samili a rhc caw. may be". THE ORISSA PANCHAYAT SAMITI ACT, 1959 [Or. Act ( Secs. 37-38 ) sections 34 and 35 such access to the property or premises of tbe '* * * Samiti and to a11 documents as may in the opinion of such officers or persons be necessary to enable them to discharge their duties under the said sections. Power to 37. The Collector of the district or any officer or call for person whom the Government may empower in this repor l from *s-it i. behalf may - (a) callfor.. any record, register, or other document in the possession or under the control of any 1 0 * Samitj ; (b) require any I * * Samiti '[or i t s Chair~uan] to furnish any return, plan estirna te, statement, account or statistics; ' (c) require any '* * Samiti z[or its Chairman] to furnish any information or report on any matter connected witb such " " Satuiti; and (d ) record in writing for the consideration of a nY 1 0 * Samiti 2[or its Chairman] any observations the Collector or such Officer may think proper in regard to its proceedings or duties. Power to >[38. (1) The Government may, by order in 'Uspeod canoe1 resolu- Or writing, cancel any resolution or order passed by a 4* tion under * , Samiti of' by any of the authorities "of such Samiti], if in their opinion such resolution or order- (a) is not legally passed ; or (b) is in excess or abuse of the powers con- ferred by or under this Act ; or (c ) on its execution is likely to cause dangers to human life, health or safety or is likely to lead to a riot or affray: 6[Provided that nothing in this sub-section shall apply to a resoiution passed under section 46- B.] --- --- 1. Thc words "Parifhad or" omitted by the Orissa Panchayat Snmiti and Zilla Parishad (Second Arncndment) Act, 1967 (Or. Act I of 19681, s. 3. 2. Substituted by ibid., s. 20 for "or their Chairman". 3. Subsliiukd by the Orissa 2 illa Parishad (Amendment) Acl. 1961 (Or. Act 24 of 19b1), 3. 30. 4. The words "Farishad or" omitted by rhc Orissa Panchayat Samiti and Zilla Parishad (Second Ammdment) Act, 1967 (Or. Acl 1 of 19681, s. 3. 5. Substituted by ibid,s. 21 (a) for "of !he said bodies", Q?. lnsertcd by the Orissa pancbaya! Samiti (Arnmdmcnt) Act, 1977 {or. Act 13 of ?9?7), s. 4. (2) The Government shall, before taking action undet sub-section ( I ) give the '[Samiti] an opportunity for explanation. 2[(3) If in the opinion of the Collector immediate action is necessary to suspend any such resolution or order on any of the aforesaid grounds, he may, by order in writing, suspend the operation of the resolution or order and refer the matter to Govern- ment whose decision thcreon shall be final: 1 Proyividcd that where '[the CollectorI makes an order on any ,of the grounds referred to in clauses (a) and (b) of sub-section ( I ) , he shall also record his reasons therefor in the said order.] .. 39. ( I ) In cases of the Collector of the BlrnorS- district may -subject to the approval of the Govern- nary powers of Collector ment direct, or provide for the execution of any work, of i h ~ or the doing of any act which a Samiti or its Chair- diS1rict. man is empowered to execute or do, and the immediate execution or doing of. which is in his opinion necessary for the implemebtatioo of developmental plans or safety of the public and may direct that the expense of executing such work or doing such act shall be paid out of the fund of the Samiti. (2) If the expense is not so paid he may make an order directing the person having the custody of the Fund to pay it in priority tb m y other charge against such Fund. Such person shall, so far .as the funds to the credit of the Samiti admit, be bound to comply with such order. 40. ( 1 ) If at any time it appears to the Govern- G O V ~ . ment that a '*** Sam* or its Chairman has m a d e ~ ~ ~ e ~ ~ t default in performing any duty imposed by Oraction in under this Act or any other law for the timc bcing derault a* S d l i or its in force they may, by order in writing, k a period Chairman. for the performance of such duty. 1. Substituted by the Orissa Panchayat Samiti and ZiUa Parishad (Second Amendment} Act, 1967 (Or. Act 1 of 1968). s. 21 (b), for "Parishad or Sahiti, as the ye may be". 2. Substihrted tiy ibid, 5.21 (el. 3. Substituted by bid, s. 21 (d). 4. T h e wora "Parism or" dr~~iltcd by ibid, s.3 154 THE ORISSA PANCHAYAT SAMITI ACT, 1959 [Or. Act 7 (2) If such duty is not performed within the period so hed , the Government may appoint somo person to perform it, and may direct that the expense of performing it shall be paid from the fund within such time as they may fix, to such person by the 4 " * Samiti 3* *]. (3) If expenses which the Government have directed under sub-section (2), to be paid from the Fundarenot so paid the Collector of the district with the previous sanction of the Government, may make an order directing the person having the c~stody of the Fund to pay it in priority to any other charge against such Fund. (4) Such person shall so fa; as the Fund to the credit of the '* * ~ a m i t i j* *] admit, be bound to comply with such order. RmKlval of Chairman "[&A. ( I ) If in the opinion of the Government ana Vice- the Chairman or Vice-Chairman of the 2*** Samiti of My wilfully omits or rehses to carry out or violates the provisions of this Act or any rules, by-laws or orders, made or issued thereunder or abuses the 1. Substituted by the O r b Zilla Pariahad (Amtndmtnt) Act, 1961 (Or. Act 24 of 19611, s. 3 I (6). 2. Th8 words "Parishad or" omitted by the Orisss Panehayat Samiti and Zilla Pariled (Second Amendment) Act, 1967 {Or. Act I of 19681, a. 3. r : 3. Tb words "as the case may be" omltted by Ibld., 3% 22. 4. Inserted by the Orissa Z i b Parish& [Amendment) Act, 1961 (Or. A d 24 of 1961). 8.32. powers vested in him and Government are satisfied that further continuance of such person in oEce would be detcimenta1 to the interest of the lL * * Samiti they may, by order, published jn the prescribed manner, remove such Chairman or Vice-Chairman from office : Provided that no such order for removal. shall be made without giving the person concerned =a reasonable opportunity of being hcard. (2) No person removed from the office of Chairman or Vice-chairman under this aectiod shall for a period of four yeam from the date of :the removal, be efigible to hold any of the said offices.] '[40-B. ( I ) Where . ,any proceeding which was RWM or i w ~ o v e a initiated under section 40-A against any person proceodie holding office as Chairman or Vicehairman of a Panchstyat Samiti could not be fiaalised . due to the vacation of the office by the Chairman &I-,. Vice- Chairman, as the case may be, by resignation .or otherwise and the said person is found to be holding' office as Chairman . o r Vice-Chairman of that Pan~hayat Samiti during the term in which he so vacated or during the succeeding term, the State Government may direct revival of the said proceedings, whereupon the said proceedings shall be proceeded I . The words "Parishad or" amitfed by t. e Orissa psnchayat ~ a m i d ,nd Ziila Parishad (Second Amendment) Act, 1967 {Or. Act 1 of 19681, s. 3. 1: 2: hssr td by t& OrisSa Faochmyat Ssmiti (Arnendmcnt) Act, 1977 (Of. Act 13 of 1973, s. 5. THE ORISSA PANCHAYAT S A ~ ACT, 1959 1 Dr. Act with from the stage it had reached by the date of vacation of the office by the Chairman or the Vice- Chairman, as the case may be, and disposed of in accordance with the provisions of the said section : Provided that the Chairman or Vice-Chairman, as the case may be, against whom a proceeding is revived shall not be liable to be suspended from his office as such. (2) No person removed from the office of Chairman or Vice-Chairman, as a resuIt of the proceedings so revived shall, for a period offour years from the date of the iemo~al, be eligible:-10- hold any of the said offices.] Dissolution - 41. (1) If in the opinion of the Government a a d recoa- ~it,,io,,f '1 '* Samiti] is not competent to perform or Snmiiia. persistently makes default in performing the duties , .imposed on i t bj law or exceeds or abuses its powers they may, by notification published in the prescrib~d mamer,/&rect that the Samjti] be dissolved and im9ediately reconstituted. The notification shall specify the time within which the 'I2* Samiti] shall be reconstituted: , . 1. The words "Parishad or SamiB" substituted by f i e Orisse zilt Parishad (Amendment),Act, 1961 (Or. Act 24 of 1961). 3 . 3 3 (a) for "Samiti". 2. The words "Parished or" omitted by the Orissa Pmchayat Sarniti and Zilla Parishad (Second Amqdmcnt) Act, 1967 (Or. Act,I of 1968), s. 3. ( Sec. 41-conrd. 1 Provided that for the purpose of completing the elections to a 'r' Samiti] which has been d issolved, the Governruent may from time to time, extend the time fixed by them under this sub-section for its reconstitution. (2) Before publishing 3' notification -.under sub- section ( I ) the Government shall communicate to the [ * ~amiri] the grounds on which they propose to do so, fa a reasonable period for the I[ 2" Samiti] to show cause against the proposal, and consider the cxphnations and objections, if any, of such '[ " Samitj]. (3) Upon the publication of such a no%ification all the members of the I ( 2* Samiti] including its Chaimaa shall forthGith be deemed to have vacated their ofices as such add fresh elations shall be held in the prescribed manner. (5 ) During anyinterv$l bbefiveen the. dissolution ' and the mnstiht ion of a I[ 2' simiti] dinct&a under sub-section (;l.),'all or- any of the powers and duties of the ' '[ '* Samiti] and its- chs iman $iy be- ' 1. exercised and , , . dischirged as , far as . .,&ay , . , . - - -- +- . I 1. The words "Parishad or Samiti" subsrituted by the O i i m ZiIIa Parishad (A-drncpl] Act, 1961 (Or Act 24 of 1961). s. 33 (a) for "Samiti". 2 Tht: word% "Patishad ati' Ommitied by ihc On- Pandayat Samiti and Zilla Parishad (Second Ammdrnent) Ad, 1967 (Or. Act 1 of 1968). S. 3. 3. Omitted by the Orism 2illa -9had (~mendment) Act, 1961 (Or. Act 24 of 1961), S. 33 (b). I;. - 158 THS O R ~ S S A PANCHAYAT SAMITI ACT, 1959 [Or. Ac( 7 be and "[to] such extent as the Government may . . determine by such person- or persms as they may appoint in that 'beblf. (6j For all or any of the reasons specified, in sub-section ( I ) the Government may, by notification published in the prescribed manner instead of dis- solvi~g a '2[ =* Samiti] and reconstituting it, supersede it for any period which they may deem fit. , Thereupon the relevent . provisions of section , 42 shall, muralis ~nurundis apply. . 42. ( 1 ) If , 'after , the fresh dection held, uqder S"~-'sion of SU~I. the last preceding section, the 4 s* Samiti] continues to be incompetent to perform or abuse .its powers, for all or ,any of the reasons specsed in sub-section . - - (1) of section 41 the Government may, by notification ublished in the prescribed 'manner,. supersede it f or a spedied p.eriod. (2) Before publishing a notification under sub- section. ( I ) , the Government shall follow the procedure laid dqwn in subsection f2) of section 4t. (3) The supersessi6n of a [ ' .* SamitiiJ shall, . if no other date and t h e are fixed in the said noti- fication, take effect from. thk date of publication - , thereof and thereu on all the members of, the ' f '* Samiti] inclu b ' g its Chairman- shall. . . forthwith be deemed'to have vacatid- their offi-s . : - - . . , . , .. (4)_Onorbefore.the,:exp~y:of~e~periodof.ithe.. .' supersession , notzed .-; under. , jsub-section ( I ) the Gov&nment m y , by notificationD. published m % prescribed m a m r and-' for reasbns to be stated t h e ~ e in post he the reconstitution- of the '( '* S a d ] - for suc &" ' further period as they may deem - fit, - . , 1. ~ubstitu ed 'by the 0th P;trishad (Amendment) Act, 1961 ( 0.r Act 24 of 196a. 1. 3 3 0 . 2. .The words ."P&sh'~d. or S8miti" substituted by , the . Or& - 2illa Parishad (Amendment) Act. 1961 (Or. Act 21 of 1961), '9.33(a) for "Sarmhm'. - . 3. The words . "Parkhad or" omitted by the Orha Pancharat Samili and Zilla &&bad (Second Amcodmmt) Act, 1967 (Or. Act' 3 of 1968), s. 3. 4. The words "Parishad or Samiti" substhted by the O r k t Zi h P.li~%d - b a t ) An, 1961 (Or. Act, 24 of 1961) S. 34 (0) /gr "S~rmti". , . 7* The wolds '' Parishad , or " omitted b the ' Orissa Panchaya & and ZILIa. Parkhad (SWnd Amen mt) Acl, 1967 (Or. A d 1 4 19681, 8.3. (5) The provisions of sub-section (5) of section 41 shall apply so far as may be in regard to the exercise and discharge during the period of , supersession of a ' [ Samiti 1 under sub-section ( I ) or (4) of d or any of the powers and duties of the [ ' * Samiti ] and its Chamndn. (6) The Government may reconstiwe the ' [*f Sarmtl] before the expiry of the period notified under sub-section (1) or (4) 43. When a . - 'I 2*Samiti 1 is dissolved under Devolution section 41 or superseded under section 42 the Govern- liablUtias of asseta and of ment until the date. of the rgconsiitution there6f and ~ ~ S S O I V ~ or the remnstituted i[ '*Samiti] thereafter shall be ?g;pd entitled to all the assets and' be subject to i l l the Iia- bWes -of the [ *' Samiti] as on the date of dissolu- A tion or su rsessian and'dn the date of reconstitution P" I respective y; 44. When the Collector of the distdct or person P,wera of appointed by the Government.lawfdy takes action aBcars -on. behalf, or in default, of . a I[ 2*Swmiti ] under or acting in ddau~t for this Act, he shall have such powers -as @e necessary ofsamiti. for the purpose, and shall be entitled to the same protection under this Act, as the '[ *' Samiti ] or its -emp!oyees whose . powers he is. elrercisiing and compensiiion shall be recoverable from the fwd of '1 2, .* Samitil by any. person suffering damage from the exe'cc3e of such powers to the same extent as if the agtion had been taken by such '1 .* ~amiti] OF its employees. 2. The words " Parishad or Samiti" substituted b the OrissaZilfa Padm (hmdment) Act, 1961 (Or. Act .24 of 1961). 1. 34 m). 2. The wgrds "Parishad or " omitted by thc Otis& Pancha~t a i t i rind parishad ,(Second Amendment) Act, 1967 (Or. Act I of 1968), s. 3. , , 3. Omitted by the - Z Q mhd (Awndrnmt) Act, 1961 . (a Act 24 of 1%1)! ?, 34 1(b)1,' , [Or. Act 7 '[ CHAPTER VI-A ELECTION DISPUTES . Election petitions. 4&A. No election of a person as a member of a Samiti 2*** held under this Act shall be called in question except by an election petition resented . in accordance with the provisions of this 8baPter. Presentation 443 . ( I ) The petition shall be presented on ol petitiom. ,one or more of the grounds specified in section 44-L before the Election Commissioner as specified in sub-section (2) together with a deposit of 3 [ t ~ ~ hundred rupees] as security for costs within fifteen days .after the day dn which the result of the election was announced: Provided that if the office of the Election Commis- sioner is closed on the last day of the period of limitation as aforesaid the petition may be presented on the next day on which such office is. open : fiirvided further that if the petitioner satjsties h e . Election Com&ssioner that suficient cause existed for the failure to present the petition within the eriod aforesaid the >Election Commissioner may in &s discretion condone- such failure : Provided also that in. cases where the result of the dlection was announced prior to the 26th day of January 1961, the aforeasid period of limitation shall be computed from the said ,date. [(Z) The SISubordinate Judge ] .having juris- diction over the place at whicb the office of the Samiti is situated shall be the Election Commissioner.] [(3) An election petition presented before a [Subordiaate Judge] may either suo motu or on appli- cation, be. transferred by the District Judge to any other [Subordinate Judge] -subord~nate to him.) I- 1. Inserted by the Or& Z& Parishad (Amendment) Act, -1961 (or. Act 24 of 1961), s. 37. 2. Omitted by the Orissa Pauchayat Samiti and Z& Parishad (Second . Amendment) Act, 1967 (Or. Act X of 1968). s. 23. 3. Substituted by the Orissa Panchayat Samiti (Amendment a d Valida- tion) Act, f 972 (Or. Act 19 of 19721, s. 4 (a). 4. substituted by the Orissa Panchayat Samiti and Z i k .Parishad ( b n d ~mendmmt)'~ct , 1967 (Or. Act 1 of 1968). s. 24 (a): 5. ~ubstihtcd by the Orissa Panchayat Samiti (Amendment and valida- tion) Act, 1972 (Or. Act 19 of 1972). s. 4 (b). 6. substituted by the Orissa Pancha~ai Samiti and zilla fi&had g=ond h n d m e n t ) Act, 1967 (Or. Act 1 of 1968), a 24 (b). (q The authority to whom an election petition is so transferred shall be deemed to be the Election Commissioner. (5) No candidate who has been. elected to be a member, Chairmanor ITiceChakman of a " * * * * ' Samiti shall be debarred from hold- ing office as such member, Chairman or Vice-Chair- man merely by reaosa of any election ,petition having been fled against fiim unless his election bas been declared void by the Election Commissioner. (6) An Election Commissioner exercising juris- diction under this Act sb l l be deemed to exercise such jurisdiction as a persona designata and not in his capacity as a Judge. 44-C. 2[(I.) An election petition may be present- pamcs to ed by any candidate at such election ,or any elector 'h"adtlO* eligible to vote at such election.] (2) A person whose election is questioned and where the petition is to the effect that any other candi- date is to be -declared elected in place of such person, every unsuccessful candidate who has ' polled more votes than ,such candidate shall be made opposite party to the petition. 44-D. (1) An election petition- Contents of petition. (a) shall contain a connse statement of the material facts on which the petitioner relies; (b) shall set. forth full particulars of any corn@ practice that the petitioner alleges, including as full a statement as possible-of the riames of the parties alleged to bave committed such &mpt practice and the date and lace of the commission of each such pradice; an f (c) shall be signed by the petitioner and s ~ f i g o s verified in O;e manner laid down i'n . the Code of Civil Procedue, 1908 for the verification of pleadings. (2) Any schedule or annex& to the petitiop shall also be signed by the petitioner and ve~ified in the same manner as the petition. I. The wordsY1p&khad or" ornittcd by the Orissa Panchayal Samiti aod Zilh Parishad (Second Amendment) Act, 1967 (Or. Act 1 of 1968). s. 3.- . 2. Substituted by the Orissa Panchayat S@ti (Amendment pnd valid&. tion] Act, 1972 (Or. Act 19 of 19721, s. 5. 162 Tm ORESA PANCHAYAT SAMITI ACT, 1959 [Or. Act 7 Relief that may be chi- 44-E. A petitioner may, in addition to claim- mod by tht ing declaration that the election of all or any of the petitioner. returned candidates is void, claim a further declara- tion that he himself or any other candidate has been duly elected. Procedure before tho 44-F. ( I ) Subject to the provisions of this Act Elmtion and of any rules. made thereunder every election cob- petition shall be trie.d by the Election Commissioner s1onu. as nearly as may be in accordance withthe procedure s or 190s appbble under the Code of Civil Procedure, 1908 to the trial of suits.' (2) The Election Commissioner shall not be required lo record .or to have the evidence recorded in m. but shall make- a m e r n o r a n d ~ of the evidence sficient in his opinion for the of decid- ing the case. i' (3) The Election Commissioner for the purpose of deciding .any issue, shall receive so much evidence, oral or documentary, as he considers necessary and may require the production of any . evidence. ' (4) The Election Commissioner may, at any stage. of the proceedings require the petitioner to give further security for the payment of all costs incurred or which is likely to be Incurred by any opposite part and if within the t h e k e d by him or witbin suc 2: further time- - 5s he may allow such security is not furnished,-' he may dismiss the petition. (5) N o witness or other person shall be required , to disclose the name of . the . person for whom he has voted . at an election. (6) The provisions of the Indian Evidence Act, I oc 1872 1872 shall. subject to the provisions of this Act be deemed to apply in the trial of an election ;petition. (7) Notwithstanding anything in any enactment to .the contrary no documen1 shall be inadmissible in evjdeece on the ground that it is not duly stamped or registered. (8) Reasonable expenses .'incurred by any person in attending to give evidence mayl be allowed tp *such person which &all, unless the Election Comrmssloner . fig&, be deemed to be part of the costs- (9) Any order as to wsts passed by the E l e c h Commissioner shall, be executed by him b n .apptica- tion made in that behalf in the same manner and by the same procedure as if it were a decree , for the pay- ment of money pasded by himself in a suit. ' 44-G. Any appearance, application or act- before appranrr the Election Commissioner m,ay -be made , or done' by b e f o r o Election the party in person or by a pleader duly : appointed q~mmis- to . act on his behalf : , . . . . . BlonCT. Provided that it shall be open to the Election Cammissioner to direct any party to appear in . person , whenever the Election Commissioner ,, considers it nwsary! . . . . - , 44-H. The Election ~ommissi6ner~'shall' have the powers which are vested. iq a murf under. the. Code of 'e~ection c o d - 5 of 1908 Cid. Procedure, 1908, whkn ,trying a :&itm . . in respect ,,,* of the following matters, namely :- , . , - . - . - . , (a) discovery and inspection; . , (b) enforcing the attendance. of. witnesses, and j 1 requiring the deposit. of thek, expenses; i (c). compelling the production .of. doc-ents; (d) examining witnesses o&oith;' ,':: - , . , (e) .granting adjournben~; I Cf) reception of evidence taken on affidavit ; and I (g) issuing conlmissions for the examination - of.: witnesses ; . 5 . - . . . . - ,. - . - .and, ~&$summofi. a,nd:,,e~a&~i?q :@zq;!u :,-a& -person- , . 4 ' : . . . , . ... , whose -&vide?1ce. -appears v .to :, lt . .hted . and shall be diemedto be a'- '&vil 'court wit& . the meaning 'of sections. 480 a n d 4 2 of the 5 of 1898 Code of Criminal Procedure, 1898. . - . ' 44-1. ( I ) When in an election petition a declara- . tion that any candidate.. other- than the , returned tion when candidate has been duly e l ~ M - is chimed, the returned !"'mfd* I caodidate or any &her party may give evidence to . I prove .that the: election of such ~ndidate would have been void 'if he had been the -retuned candidate . and a petition ,had been presented calfing in question . . his election ; Provided that 'the r e k e d cacclidate or . such . other party as aforesaid shall not be entitled to give. such ev ide*~ unless he has, within fourteen days 1 64 THE ORISSA PANCHAYAT SAMITI ACT, 1 959 [Or. Act 9 from the date of commencement of the trial, given notice to the Election Commissioner of his intention to do so and has also given the security and the fur- ther security referred to in sections 44-B and 44-F respectively. (2) Every notice referred to in sub-section ( I ) shall be accompanied by the statement and parti- culars required by, section 44-D in the case of an election petition and shall be .signed and verified in like manner. Dtctionof 4 4 4 . (I) If the Election Commissioner, after E1etiOn qmmis- . making such enquj., as he deems necessary, finds in uoncr. respect of any person whose election is called in ques- tion by a petition that his election was valid, he shall dismiss the petition as against such person and may award costs at his discretion. (2) Zf the Election Commissioner finds that the election of any person was invalid, it shall either- , (a) declare a- casual . vacancy to bave been created; or fb) declare another candidate to have been duly elected ; whichever . course appears, in the circumstances of the case to be more appropriate and in either case, may award costs at his discretion. (3) In the event of the Election Commissioner declaring a casual vacancy to have been created, it shall direct the Collector of the district or other authority prescribed,in this. behalf to take proceedings for filling the vacancy. (4) All orders of the Election Commissiond '1s hall, subject to the order passed in an appeal, if my, be h a l and conclusive]: provided that the Election Comniissioner may, on application presented within one month from the date of any of the orders made under this section or under section 44-K by any person agdeved review such order on any ground and may, pending dccidon in review, direct stay of operation. of such order. -- 1. Scb stituted by the' O r b Panchayat Samjti (Amengment ma Vauda' {iod Act, 1972 (Or. Act 19 of I%!), S, f. , 44-K. At the time of making an order under othct orders section 44-J the Election Commissioner shall also boyyzdO make an order- EIqrion +mmis- stoncr. (a) declaring any candidate found to have committed any corrupt practice t o be dis- qualified. for any period not exceeding five years for being elected as a member . ' . of the I* " S a d i " * * . or for being appointed to or retained in any office or employment in the '* * * Saniiti, and . (b) G n g the total amount of costs payable and specifying the persons by and to whom costs shall be paid.. . ' 44-L. (1) r h e ~lec t ion Commissioner shall Grounds for declare the election of a returned candidate void, if dcclanng election : he is of the opinion- void. (a) that such person committed during or in respect of the election proceedings a corrupt practice as specified in' section' 44-N; d . 1 : . , , . - . (b) .that, such person declared to be elected - + . . by reason df 'the improper 'rejection' or . . . . , admission of one ,or more votes or for any . . - ' 'other reason was not duly 'elected by a . ">. 'r. maiority ' of lawful . -vat es ; , , . ' . .. . . , (c) that such-.person; -was .QquaUed for elec- tion under the @rovisi,ons of this .4ct; or I . . (d) that any norninatior! paper has been imm properly rejected. (2) The ,election. shall not be declared void merely on the ground of .any mistake in the forms required thereby or of any error, irregularity or informality on the part of the Officer or Officers charged - 1. omitted :by the brinl. Panchayat Samiri and Zill;l Parishad ( S a n d Amendment) Act, 1967 (Or. Act 1 of I968), si 3; , . 2. Omitted by ibid, s. 25, - .. , , ( 24 La\v-!7- ) 166 THE ORISSA PANCHAYAT SMITI ACT, 1959 [or. A a 7 with carrying out the provisions of this Actor of any rules made thereunder unless such mistake, error, irregularity or iafornxality has materially affected the . , result of the election. Grounds for which a 44-M. If any person who has lodged a petition candidate has, in addition t o calling in question theelection of the ~ ~ ~ e , : ~ ~ d returned' candidate, claimed a declaration that he caadidntc himseif or ally other candidate has been duly elected . and the EElsction commissioner^ is. of opinion- have been elccted. (a) that in- fact the petitioner or such other candidate received a majority of the valid votes; or (b) that but f o r the votes obtained by ihe ' , returned candidate by 'a corrupt practice the petitioner or such other candidate would 'have obtained a majority of the valid votes; the EIectio~l Commissioner shall after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, -as the case may be, to have been duly elected. , 'Corrupt . practices. 44-N. The following shall be deemed- to be mrru t practices for the purposes of this- Chapter, P - name$- (1) bribery, that is to say, any gilt,. offer or promise by a ,%didate or by any other .perSon on his behalf of any gratification to any person whomsoever- . ( i ) with the object, WectIy or indirectly of inducing- (a) a person to stand or not to stand as or to withdraw from being ,a candidate; ,or to retire from contest at such election; or (b) an elector to, vote or refrain.frorn voting . as . such . election; or (ii) 3s a reward to- ,[a) a person for standing or refsaining from .! standing as a candidate, or for having , withdrawn his candidature or for hav- ing retired from -contest; or (6) an elector for having voted or for refrain- ing from voting. ~ x ~ k a n a f i ~ n - ~ o r the purposes of this clause, the term 'gratification' includes all forms of entertainment and all forms of empIoyment for rewards; but it does - - not include the payment of any expenses bonafidely incurred for ' the purposes of such eIection. . . , (2) undue influence, that is to say, any direct or - indirect.interferc!:ee -or attempt to interfere on the . . part of a candidate or any other persoxr. on his behalf, with the free exercise of the electoral right- of any person : (a) without prkjudice to the generality of the ' provisions of this clause any such person as is referred to therein, who- - (i) threatens any candidate or any elector or a person in whom a candidate or an elector . 'is .interested, with injury of any kind includiig social ostracism and ex-comrauni- . cation or of expulsion from any caste or community; . or - . (Ii) induces or attempts to induce a candidate or an elector to believe that he, or any ersoa in whom he is' interested will gecome or. will be rendered an object of: divine displeasure or spiritual censure, shall be deemed to inidere with the free exercise of the electoral right of such candidate or elector within the meaning. of this clause; and . (b) a dgclaration of public policy, or a promise of public action or the mere exercise of a legal right without intent to interfere with an eIectoral ' righi, shall not be de.emed to be interference within the meaning of this clause; 168' THE ORISSA PANCHAYAT SAMITI ACT, 1959 lor. Act 7 (3) the systematic appeal- by a candidate or by any other person on his behalf to vote or refrain from voting on grounds of caste, race, community or religion or of the use of national symbols, such as the National Flag or the National Emblem for the furtherance of the prospects of the candidate's election ; (4 the publication by the candidate or by any other person on his behalf of any state,ment of fact which is false and .which he either believes t o be false or does not believe to be true iiz relation to the personal character .or conduct of any candidate, or in relation to the candidature or withdrawal or retirement from contest of any candidate, being a statement reasonably calculated to prejudice the prospect of that candidate's election ; (5) the hiring or procufing, whether on payment or otherrvise, of any vehicle or - vessel by a candidate or by any other person on his behalf,for the conveyance of any elector, other than the candidate or any member of his family to or from any,polling station or place fixed for -the poll : provided that the hiring of vehide or vessel by an elector or by several electors at'their joint cost for purpose of conveying him or them t o or from any such polling station or place fixed for the poll, shall . - not be deemed to be a corrupt practice. under this clause if the vehicle or vessel so .hired is a vehicle or vessel not propelled-by mechanical power- : Provided further that, the use of any - public transport vehicle or railway carriage by any elector at his own cost for the purpose of going to or coming , from any polling station or place, shall not be deemed to be a corrupt practice under this clause. Explmtnfion-In this clause the expressibn "vehicle" means any vehicle used or. capable of. being used for the purpose of. road, transport whether' propelled by mechanical power -or, otherwise and whether used for drawing, other vehicles or .other- . . wise ; . I , (Sec. 44-0) (6) the obtaining or procuring or abetting. or attempting to obtain or procure by a candidate or by any other person on his behaIf of any 'assistance, other than the casting of a vote for the furtherance of the prospects of the candidate's efection from any person in the service of the Government Or in t Ile zmploy of any local Authority. 0 . ( I ) The petitioner may, at any time Wfihdrawul withdraw the election petition fled by him on payment p ~ ~ ~ ~ ~ ~ ~ - to the respondent such cost,as he might have incurred or such portion thereof as the Election Commissioner may direct : Provided that if there- are more petitioners than one, no appfication to withdraw the election petition s b l l be made except with the consent of all the petitioners. 2[(2) No application to withdraw an election ~etition shall- be granted if, in the opitiion of thc I I Election Commissioner, such application has been ! induced by any bargain or consideration which ought I not to be allowed. (3) If the application is granfed- (a) the Election commissioner s hali direct that the notice of withdrawal shaII be published in the Official Gazette and, in such other manner as he may specify . and- thereupon tIie notice shalI be published accordingly ; . . (b) a person who might himself have been a petitioner may, within fdurteen days of such publication, apply to be sub- I stituted as petitioner io place of the party withdrawing, and upon compliance with 1. Remmbered by the orka Panchayat Samiti [Amendment md v*. ' tion) ~ c t , 1972 (Or. Act 19 of 1972). s. 7. 2. h d c d by , , . - (secs. 44-P- 44-Q) the conditions, if any, as to the security, A shall be .entitled to be so substituted and to continue the proceedings upon such terms as the Election. Commissioner may .deem fit.] 44-P. l[(l)J An election petition shall abata only on the'death cf .the petitioner or where there are more than one petitioner on the death of all the petitioners and such abatement shall be co~flluni~ cated to the concerned ' 2* * * Block D e v e l o p ~ n t Officer by the EIection - Coinmissionq.l . , . 3[(2) Where the election petition abates uder - sub-section ( I ) the El&tionb Commissioner shall cause the fact to be published - in such manner as he may deem fit. . - . , (3) Any - person who might bimself have been a petitioner may, within fourteen days of such publi- cation, .apply to be substituted as petitioner and upon compliance' with the conditions, if any, as to security, shall be entitled to be so substituted and . . to wntinue the .proceedings upon such $eirns as . . the Election Commissioner may deem fit,] . 4j44-~. Any aggrieved by an order passed -. by the Election Commisaomr under subsection (1) or. subsection (2) of section 44-J May, witbin such period as may be prescribed, prefer an appeal before the Distrkt Judge having jurisdiction.] 1. wumbered by the O r b Panehayat Samiti . Vlmendmunt and Validatma) Act, 1971 (Or.,Act 19 of 19Xt), s. 8. . 2. Omitted by the Or- ~anchayat -ti ,and Zllla Parishad ( m d AmendmentJ:&, I967 {Or: Act 1 of 1968), s. 26. ' 3. Znsertad by thc Orissa Padmyat Samiti (Amendmsnt and V&dati@ Act, 1972 (Or. Act 19 of 1972), a. 8. . (Sec. 45) CHAPTER VII 45, (1) A shall not be eligible to s k d f 2 J ; ~ for election 2[under ' sub-section (2) of section 161 c o ~ i n g a . if he- membcc and ~ontinuim a mtmbti; (a) j* * * ' * * . . (6) [ is not ordinarily .residing 'within . the Block ; or] . . (c) is of unsound mind ; or (6) is an, applidnt to be adjudicated as an insolvent or' is an undischarged. insol: vent ; or , . - . - . (i) is a deaf-mute or js suffering : from leprosy , ' or $-uberculosis ;,-or (f) is. wnvicted of an . election ofPen6 under , - - any law -for the time being in force ; or . , , I ' (g] is not a citizen'of India ; orm {h) is .convicted for an offence invloving moral twpitude' ; or . (i) KQMS any O B C ~ i f piofit utlciirVthe , , or Central Govefment , or any L a d authortity, '; or . i ' u) is a. teacher in any school recognised udder the provisions of the Orissa Education , Code for the time being in -force ; or . . (k) holds the o f h of a Minister either in the Central or in the State Goverhment ; or , . -- - 1. ~ubstikted bi the Orissa W a Parishad (Amenbment) Act, 1961 (or. A d 24 of ]%I), S. 38. , 2. Substituted by the Orissa Panchayat Sadti &d,ZiHa Par&bad (Amendmmt) Act, 1965 (Or. Act ,I of JPW, a. 8 (0 (a]. 3. omittad. by ~a s. 8' (0 (6). 4. Subrtitntcd by ~4 a. 8 (0 (c). ' [(k-1) is a member of the House of the People or of the Council of States or of the State Legislahie ; or ] ( I ) has been dismissed from service of the State or Central Government or any . Local authority ; or (m) has been in arrears of any tax, fee or rate due by him t o any Grama Panchayat for a continuous period of two years ; or [(m-1) being a member of any society reg- istered under the - Orissa Co-operative Societies Act, ,1951 has faded to pay o r b Am 11 any arrears of any kind accrued due byd 19522. him to .such society for a continuous period .of two years or more ; or]. (n) is in the habit of encouraging litigation . in the villages and has been declared to be so on enquiry by the prescribed author- ity in the prescribed manner ; or (0) is interested in a subsisting contract made with or any work being done for the Sarniti ' [or, any Government] excel;: as a share-holder other .than a Director in a Company or except as may be prescribed; or (p) 'is a paid. and retained legal practitioner on behalf of the Samiti : , Provided. that the disqualification under clause (k) of ( 1 ) may be removed by the Government in the prescribed manner.] . (2) An eleded miember of a Samiti '[including the Chairman and Vice-chaifnianl shall cease to be a . member if he- ' [(i) is not ordinarily residing within the Block or ceases to so reside or is or becomes subject to any of the other disqualifi- cations specified in sub-section ( I ) ; or] * 1. Inserted by thc Orissa Panchaynt Samili and Zilfa Parishad (Amendment) Act, 1965 (or. ~~t 1 of 1966), s. 8 ( i ) Id). ' 2. M t e d by ibid, s. 8 ( I ) (e). 3. ~nkrted by ibid., '.s. kl : i) 1). 4. Inserlcd by the Orisw Pancha~at Sa~niti (Amendment) Act, 1977 Or.Act 13 of 1977). s. h (a) (i). h 5. Substituted by ;bid., 5. 8 (ii: (a). '((ii) has been continuousIy absent from the BIclck for more than six months without prior intimation in writing,- (a) in the case of a Chairman, to the Samiti; (b) in the case of any other member or Vice-Chairman, to the Chairman; or] (iii) has absented himaelf from three consecutive [ordinary] meetings of the Samiti without the previous permission in writing of the Samiti; 3[or] [(iv) being a legal practitioner appears or acts as such against the Samiti.] (3) Where a person ceases to be a member under clause Cf) of sub-section ( I ) , he shall be restored to office for such portion of the term of office as may remain unexpired as the date of such restoration, if the sentence is reversed or quashed on appeal or revi- sioq or the offence is pardoned or the disqualification is removd-by an order of the Govelment and any person fdllng the vacancy in the interim period shall, on such restoration, vacate the office. 7[8[ 45-A. No persoh shall be eligible to stand for NO person to etand for election under section 16 for more than one Samiti.1 ,,,- - - - ---A- --- -. - one Samiti. : 1. Substituted by the ~ r i s s a ~ a n c h a ~ a i Samiti (Amendment) Act, 1977 (Or . , ' , . Act 13 of 1977 ), s. 6 (n) (ii). 2. laseaed by the Orissa Zilla Parishad (~inendment) Act, 19.J (Or. Act 24 of 1961). s. 38 (6) (ii). 3. Inserted by thc OrissaPanchayut Ssmiti and Zilla Patishad (Amend- ment) Act, 1965 (Or. Act 1 of 19661, s. 8 (ig (b). 4. Added by the Orissa Zilla Parishad (Amendment) Act, 1961 (Or. Act 24 of 196 I ) , s. 38 (b) (iii). 5. Sub-smtions (4) and (5) were omitted by the Orissa Panchayat Samiti and Zilta Perishad (Second Amendment) Act, 1967 (Or. Act 1 of 1968). s. 27 (a). 6. Ornitled by the Orisse Pancheynt Samiti (Amendment) Act, 1977 (Or. ~ c t 13 of 1977), s. 6 (6). 1. 7. Insei~ed by the Orissa Zilla Pnrishad (Amendment) Act, 1961 (Or. Act , 24 of 1961), s. 39. 8- Substituted by the Oriss-a Panchayat Samiti and Zilla Pariahed m n d Amendment) Act. f 967 (Or. Act 1 of 1968), S. 28. 1 74 Ta OWA PANCHAYAT SAW ACT, 1959 [ Or. Act 7 Dttrkt Jud$e to 45-B. (1) Whenever it is alleged that any member utclds W- of a I* * Samiti is or has become disquaEed, or t h ?f d&- -whenever any such member is himself in doubt whether qUd*''O'L' or not he is or has become disqualified such member or any other member may, and the Chairman at the request of the '* * Samitis =* * shall, apply to the District Judge, having jurisdictioa over the place where. the offia of the ?* *: Samiti, ** * rs situated, for a decision on the allegation or doubt. (21, The District Judge, '[ after holding m en- quiry ~n. the prescribed manner ] shaJl determine' whether or not such member is or has become dis- qumed and his deciSion shall be M. ' (3) Pending such decision the member shall be eatitIed to' act as if he was not disqumed. PhlIure of 4[45-C. If for any reason whatsoever any of a I a i o ~ the electorates fails to return a andidate in accordance with any of the provisions of this Act, a fresh election shall be held in ,respect of the vacancy on such date and in such manner as may be prescribed and in case the electorate st i l l fails to, return a member at such fresh election, the State Government shall nominate a person who is otherwise eligible to be elected and the person so nominated shall, subject to the provistons of sub-section (2) of section 45 be , . deemed t o h e been validly: and properly elected.] - . , ~&nat6on 6[46. The Chairman, Vice-Chairman or any of- member of the '* * Samiti may resign his office , ~lccCbair- manma as such Chairman, V i d h a i r m a n or member by mombers. 1. OmiW by tho Orifisa Psncbayat Samiti and 2% Parishad (Sccond ~ t m t d m ~ t ) 1 ~ ~ 1 (Or*ACtLd1968),S.3- . . L. Omitted by 161d, s. 29. 1. substituted by th OIi9~3. P m c h ~ a t S-fi (Gmendmeut) Act. 1970 (Or. Att 25 of 1970), 1. 2 4. substituted by tbe Orissa Panebayat S h t i and Wa Parishad (Amendment) Act, f 965 (Or. Act 1 of IPm, 3. 10. 5. wtim 45-D omitted by tho O h Panchayat Samiti (Amendment) Act, 1969 (Or. A& m of 1969), a. 2. I " 6. Subb;tu[ed.by the O&9a Z l k Parishad (Amendment) Act 1961, (Ot. Act 24 of 19611, a. 40. 7, Omitted by f& Orissa Pancbayat Samiti and Zilla Parishad (Aniendmtnt) Act, 1967 (or. ~ c t 1 oC 1968), s. 3. giving notice in writing l* * * to the Samiti. Except in a case where the person resigning delivers the notice of resignation ersonally to P i* * * the Block Development 0 cer, such officer shall, on receipt of a notice of resignation, obtain confirmation from the person concerned as to its genuineness. A resiguation delivered personally or ,m&med as aforesaid shall take effect sa. and from the date on whi* the notice was received.] '[ 4 M . ( I ) Notwithstanding anything con- =piof tained in any la9 for the time being infore the Sarpanch or smpq{- of a' Grama Panch-ayat shall cease to be the Sarpanch in tb S-ti. with effect from the date on which he ceases to be a member of the Samiti, by tendering his- resignation or otherwise. (2) In the w e of dissolution or supers&sion of ,a Grama Fanchayat the Collector shaIl nominate - a person to represent the Gritma Panchayat in the Samiti during the period of such dissolution or super- session ; provided that such person is qthemise eligible to be elected as a member of such .&ma Pwchayat and the 'person so nominated shag for dl purposes be deemed to be a member of ~e Samiti.] 46-B. ( I ) Where at a meeting of the ,. f * * S&ti vat. of w specially. convened ~II that -behalf resolutionis -passed, B supported by a majority of '[no less than two-thirds planand V i m - of] the total number of members having a right to ,$! vote, &curding want of cdderice in the Chairman ssmrk or, Vicechairman of such.. - 4* Simiti the, ,resolu- tion shall:, forthwith be published by such authority and in such manner as may be prescribed and witQ effect from the date of such publication the Chairman ViceChahmn, as tJ?e case may be, shall be deemed .- to 'have vacated office. . b ' - 1 omi- by the Orha Panbyat Samiti and.ql1a Parihad (Scgond ~ m & d ~ e n t ) Act, 1#67 m. &tl;f1%8),~..31. -. by the O f h Pariahad (bqdmtnt) Ac& 1961 (m. AFt 24 of-f%l), s. 41. 3. substituted by ths Orissa ~anchayat *ti and Zilla ( m d - k t ) ~4 1967 (Or. Act 1 of 1968)~ 8. 3% . . . THE ORISSA PANCHAYAT SAMITI ACT, 1959 [ Or* Act 7 (2) In convening a meeting under sub-section ( I ) and in the conduct of business at such meetiig the procedute herein specsed s0aII be followed, namely- (a) no such meeting shall be convened ex on a requisition signed by at least one-third of Tt t e members with a right to vote, along with a copy of the resolution proposed to be moved at the meeting ; '((b) the requisition shall be addressed to the sUbdi&ional Oficer] ; (c) 2[the Subdivisional Officer] on receipt of such requisition $ha11 f% the date, hour and place of such metings and give notice of the same to all the members with a right to vote, ,along with a copy of the requisition and of the proposed resolution, at least seven clear days before the date so &ed ; j[(d) the Subdivisional Oficer or when he is .unabIe to attend, any other gazetted offier not below the rank of a Sub-Deputy ColIector authorised by him, shall preside over and conduct the proceedings of the meeting ;I (e) the voting at all such . meetings shall be by secret balIot ; Cf) no such meeting shall stand a d j o u d to a subsequent date and no item -of business other than the resolution for recording want of co&&= in the Chairman of the Vice-Chairman shall be taken ' . up for consideration at the meeting ; '[(f-!) no such rkolution shall be taken up foi considerabon 5[udess it has been proposed by om member and has been secmded by another-member .at the meeting 3 ; . 1, smt&d by tho O r i w Panehpyat and 2% ~arisbad &xmd Ammdm~~t) AFt, 1967 (Or; Act 1 of 1w, 33 (a). s &bsdMod by thp O W WhaYst Ssmiti (Secwd Ammdmcnf) Act, I970 (Or. & 26 o ~ . U J ~ h 2 (a1 (0. '[ (f-2) after the resolution is taken up for considerat~on the member proppsing the resolution may open the discussion thereon and other mmbers may speak on the resolution in the order in which they are called upon by the Presiding Officer : Frovided that no member shall, unless so per- -mi'tted by the Presiding Oficer, have the right to speak- more than once and if any member who is called upon dots not speak he shall not be entitled, except by- the permission of the Presiding Officer, to speak at a later stage of the discussion ; ($3) where the Chairman or, as the case may be, the Vice-Chairman,. again s t whom the resolution has been tabled, is present, he shall be given an opportunity to speak by way of reply to the resolu- tion and the discussion made at the meeting ; ($4) the presiding, officer may fix the tirne within which each member, inaluding the Ch&rnn and Vice-Chairman, shaU conclude his speech ;] (g) if the number of members present .at the meeting is less than fa majority of two-thirds] of . members having a right to vote the resolution shall stand annulled ; and (A) if the resolution is passed at the meeting supported by [a majoriv of two-thirds] of members h v i n ~ a right to vote, [the Sub-divisional -Officer] shall forward the resolution to the authority prescribed in pursuance of sub-section (1). (3) When a meeting has been-held in pursuance of a requisition under subisection (2) for recording want of confidence in the Chairman or,viceChairman, ' as the case may be, no fresh reqUisition for a meetifig &dl be maintainable before the expiry of- (a) thr ty days from the date 'of the meeting in case falling under clause (g) of sub- section (2), and \, 2. substituted by thc Orism ~ A c h a y a t Samiti and Zfla Parishad (Amendment) AC~, 1965 . 1 of 1966), s. 11 (ii) lc). . . 3. ~ubstituttd by the 0 t h Paucbayat.Samiti and ma Parishad (Seccnd hendment) AH,. 1967. (Or. Act 1, of 1968), S. 33 (4. .. . . . .. [ Or. Act 7 (b) [one year] from the date of the meetling, In cases faUing under clause (h) of tb said sub-section or where the resolution is defeated after being considered at such meeting. [(4) Without prejudice to the provisions of sub-section (3) no requisition under sub-section (2) s h d be maintainable in the case of a Chairman or Vice-Chairman, .as the case may be, before the expiry of ope year from the date on which such Chairman or Vice-chair roan enters office]. Term of 46-C: ( I ) The tern of oBce of the Chairman Offim chairman Of of the**3.Samiti.shaU be 4[five years]. d3 Samiti and of the Existing aon- (2) The aforesaid period of '[five years] shall d c i a l mcm- include any period' that may elapse betyeen the expiry krs. of that period and the date on which the succeeding Chairman takes ofice. Extension of L.46-D. The Government whenever they deem thc term of doc or elm it expedient so to do may, by notification extend from tea memben. time to time the term of office of the elected members, including that of the Chairman of all or any of the Samitis **7 SO however that the total exteaion in resped of any Samiti **' does not in the aggregate exceed two years:] [Provided that- (a) notwithstanding anything contained. in any other provision of this Act, if at any time, the Government, either on petition filed in that behalf -- --he. otissa Pancbayat Sarniti amitid Wla Parishad (Amendment) Act, 1% (Or. Act . 1 of 1966). s. 11 (ilT)+ 2. Ins& by the Orissa Panchayat S a d G (Socond Amddment) Act, 1970 (Or. ~ c t 26 ,of 1970) s 2 (b). 3. Omitted by the O r k a Panchayat Samiti and ma Parishad (Second Amcndmmt) k t , 1967 (or. Act 1 of 1968), S. 3. 4. Substituled by tht Orissa Panchayat Samiti {Amcndrnenr) Act, 1977 (of. Act I3 of 1977), s. 7. 5. Omitted by the Orissa Panchayat Samiti and Ziila Parishad (Second Am endmat) Act, 1967 (&. A d 1 of 19681, S. 34. 1: 6. Imrted by tbe Orissa Pawhayat Samili and Zilla Parishad (Amendment) Act, 1965 (Or. 5 of 1965). s. 3. 7. Omincd by the Orisn Panchayat Samiti and Zilla Parishad (Sccond Amendment) Act, $967 (&. A ct 1 of 1968), , s. 35(ah 8. Added by the Orisse Pancba~at Samiti and Zilla Parishcd (&endmcnt) Act, 1967 (Or. Act S ~ C 1967), S. 2. of 1960 ] THE ORISSA PANCHAYAT SAMTI ACT, 1959 or upon theic own motion, are satisfied that the holding of a free and fair election for reconstituting all or any of the Samitis **I is likely to be hampered due to the activties of the elected members inchding that of the Chairman of any such Samiti **' ,they may, in the general intercst of the public, by notification, reduce the term of office of the said elected members and the Chai'rrnan as extended under this section by such period as they deem fit and thereupon the members and .the Chairman as aforksaid.shal1 cease to hold office; (b) no such notification shall be issued more than two months prior to the holding of general election to the Grama Panchayats ; (c) nothing contained in section 49 shall apply in relation to the members and Chairman in respect of whom a notification has been issued under clause (a) ; and (d) during the period beginning with the date of such notification and until the recons~jtution~of fhe Samiti **I **%all or any of the powers and duties of the Samiti **'and its Chairman shdl be exercised and discharged as far as may be and to such extent as the Government mRy determine by s ~ c h person as they may appoint in that behalf.] . ,. 147. '(1) If the elected niembers of the S a r n i t i ~ ~ ~ , , , ceases to be a member by reason of his death. &i&ation or otherwise thi vacancy so caused shaii be fdled up, so far as may be , in the manner provided under subsection (2) of section 16 and the members so eIected shall hold office for the unexpired term of the member in whose place he has been elected.] . . I . ~mittedbythe~rissaPanchayatSamitiand ~illa~arish~dISecmdAmcndrncnt)Act, 1967 (Or. Act. 1 of 1968). s. 35(aI. I : 2. Omitted by lMJs.35(b). : 3. Substituted by ihid, S. 3qd. '[(Z) Jf the Chairman of the 2** Sarmti ceases to be such Chairman by reason of his resignation or other wise the vacancy so caused shall be filled up, so far as may be, in the manner provided [under sub-sec- tion (3) of section 161 4[and the person filing up such vacancy shall hold ofice for the unexpired term of the Chairman in whose place he has been elected]. 1 (3) Notwithstanding anything corn ained in sub-section ( I ) or sub-section (Z), where a, vacancy occurs under any of the said subsections and the tcrm of ocfie of the member or the Chairman, as.the case may be, would, in the ordinary course, of events, have expired within six months of the occurrence of the vacancy, the State Go\lernment may - direct that the vacancy be left unfilled until the next general election : Provided that the said vacarlcies shall bz filled in the manner provided in sub-section ( I ) or, as the case may be, sub-spction (2) if the tern] of office of the elected members including that of the Chairman of t k x Samiti is extended under section 46-D.] Vacaocy not 48.' No act or proceeding of the *** Samiti shall be questioned'on account of any vacancy in the member- procced~og~. ship or any defect or irregularity in any such act, or proceedisg not affecting the merits GE the case. Interim pcri- 6[(49. (1) The term of office of a non-.official ~a to be wi- member of the 2** Samiti, other than those who: have thin Iht t-m been elected therto, shall be deemed to include any of 06ce. period which may elapse between the date on which the member ceases to ' be "*** '[a Sarpanch] and the date from which the succeeding member hblds/office in the Z** Samiti. 1. ~ d d e d by the Orissa Zilla Parishad (Ardendmcnt) Act, 1961 (Or. Act 24 of 19611, s. 42. 2 Omitted by the Orissa Pancbayat Samiti and ZiUa Parishqd (Second Ammdmcnt) Act, 1967 (Or. Act 1, of 1968), s. 3. 3. Substituted by ibid, s. 36 (b). 4. Addcd by thc Orisw Panchayat Samiri (Amwddnt and Validation) ~ c t , 1972 (Or. Act 19 of 1972), a. 10. 5. b r t e d by the Orissa Panchayat Samili (AmtndmcnO Act, 1975~(0r.Act 22 of 197~) , s.2 6. Substituted by the Orissa ZilIa Parishad (Amcndmcnt) Act, 1960 (Or. Act 18 of 1960), 5.8. * , 7. Omitted by thc?drissa ~ i l l a Parishad (Amendment) Act, I961 (Or. ~ c t 24 of ;%I), s. 43. 8. Substituted by the Orissa Panzhcyt Samiti and ZilIa Parishad (Second Amenbent) Act, 1967 Or, Act 1 of 1968). s. 37(a). , , , , (Sees. 50 -51) (2) The term of ofice of the member elected under1 ** *[s~b-section~(2) of section -16 -shall be, if at the date of the expiry of the term ofoace specifiedinl** subsection (4) of section 16,] the remaini-ng non-offickl members-in the "5arniti do not include a woman or a member of the Scheduled Caste or Scheduled Tribe, as the case may be, deemed to include the period bet ween the date aforesaid and the date from which the suweding member holds office i n the 3** Szmiti. 4** ** (a) On the expiry of the term' df f i e elected mein- bers .of a '**Samiti fresh eIections shall be held within the periodand in-the manner as may be- prescribed]. 50. ( I ) No non-official member of a '**, Samiti to recclve m~mbers shalI , receive or ;be paid any salary or other remuncra- rernuncration for services rendered by him in any capacity whatsoever except with the sanction of the Government but shall be allowed travellin,g a IIowance for such purpoes and at such rates as may be prescri b- ed. (2) The 'official members of the 3** Samiti shall be ehtitled to travelling allowances according to rules applicable to them; 51 . ( I ) 'Notwith tanding anything contained in. any Appointment of employees law,. rule, order or contract in force on the date of of the~istri- constitution .of a3**Samiti the Governant may direct ct Board - cal Board etc that the - employees . of any District Board, shall-be to the samitj: appointed under the >** ' Samiti or the Government etc. according- to their quaacation and nature tif, duties assigned to them in the said- Board and therupon such employees shall be employees- of the . said District Bosr.rd become employees of the3**Sa.Cti of as the-case g a y be. Such empk;yces sk id , as far as practicable, be appointed to posts of c? grade or class similar to the one they were holding pre-: i ously. (2) The qipoinment under sub-section ( I ) shall be deemed .to be a conthuatian of service of the emp- loyecs and he shall be en~tledtothe-benefitsof his - previous service as regards leave or provident fund, T,+~cI! accrued to him before such appointment. -I .. --- - 1. 0mii:cd by t ;,t Orisr.a I'mchayat Samiti and Z i Parishad (Sccond Amendmeat) Act, 1967, (Or. Act 1 nf 1Y68). 5 . 37 13- 2. Substituted :he Orisa ?~achayat SEmiti anil Zilla- Parishad (Amendment) Act, 1965 (Or. Act 1 of 1966j, s. ;4 @I. 3. Omittcd by :?LC OOrissa F~ncbwai Samiti and Z i l h Parishad ESwnd Amendment), 1967 (Or. Act 1 d 1963), S. 3. 4. Orni~ted by the 0-a Fanchayxt Samiti and Zilla ~ k i r h a d {Ameadrnmt) Act, 1965 (Or. Act 1 of- 1966), s. 44 GO. THB ORISSA PANCHAYAT SAMITI ACT, 1959 [ Or. Act 7 Chsirnlan, Vic>C hnir- '152. (1) The Chairman, the Vice-Chairman and man and em- the employees of the Samiti shall be deemed to public ?inyrLi~~bcservants within the meaning of section21 of'the pablic vnnts. ""' Indian Penal Code. 45 of 1866 ( 2 ) The employees of the Samiti shall be governed by the Orissa Government Servants' Conduct Rules, 1959.1 Pmtection 53. No suit, prosecution or other legal proceed- action taken ing shall lie against any person in respect of anything under thc AC~. done or intended to be done in good faith under this Act or the ruks made thereunder. ~ ~ t i m o f 54. No suit or other legal proceedings, shall mlL.Or pro- be instituted against any2** Samiti or the Chairman, member or employee thereof in respect of any act purporting to be done by them in theit official capacity, until the expiration of two months next after notice in writing has been delivered-to or left at the oEce of- (a) in the case of a suit or proceeding agnjnst the 2* * Samiti, the Chair- man; and (b) in the case of a suit or proceedingagaidst the Chairman, member or employee, delivgied to them or left at their office stating the cause of action, the name, description and place of' residence of the p l h M or petitioner and the relief which he cl& and the plaint or petition shall cont&n a statement that such notice has been so delivered or left. w+sion and 3[54-A. ( I ) The Government may, either 8 ~ 0 motu ,, or on an applicatibn from any person interested, call for and examne the record of a Samiti * rl! in respect of any proceding '[(incIuding any praceu- ding under section 46-B)] or the correctness, legality w ropriety of any decision or order passed thetein a d i f , in any case, it appears to the Government that any such dicision or order should be modikd, annulled or 'reversed or remitted for reconsideration, they may pass orders accordingly: 1. sukritutd oy gt 0rissaPancba~d. Samiti ( A m m h u ~ t and Validation) AG~, 1 ~ 2 (&. 1b of ,19721, s. 11. 2. 0-J by the O r h a Panchayat *ti and ma Parkhad (Sscond Amcndmmt)~ct, fm (or. Act 1 of 19681, 5. 3. 3. Insatted by the Or& *had (bmendmentl Aa, 1961 (Or. Act 24 af 19611, r, 4 4, Omitted by the Orissa Pancha~at S h t i and ZiIb Pariahad (SecortZ A m k t 1 qs 5 \5 c h Act I of 1.#8) s. 39. 5.hxrted by the Orissa P?nchp,yaL Sar.0'; ~ ~ ' ~ f i - ; - : ~ : : G , ' ; ' h s .. . , % {A- A r t 1 Z n F 1 0 7 7 1 e Q Provided that the Government shall not pass sny order prejudicial to any party unlcss such party has had an opportunity or making a representation. (2) The Government may stay the execution of any such decision or order pending the exercise of their powers under sub-section (1 ) in respect thereof. (3) The Government may, sue. motu at any time or on an application received from any person interested within ninety days of the passing of an order under sub-section ( I ) , review any such order if it was passed by them under any mistake, whether of fact or of law, or in ignorance of any material fact. The provisions contained in the proviso to sub-section ( I ) and in sub-section (2) shall apply in respect of any proceeding ulider this sub-section as they apply do a proceeding under sub-section ( I ) . (4) Erery application preferred under sub-section ( I ) or sub-section (3) of thjs section shall be accom- panied by a fee of fifteen rupees. 54-B. The Gover~ment may, by notification, DeIegati o n delegate all or any of their powers under this Act o f ~ e r s - except those conferred upon them by sections 20,3g, 41, 42, 57, 57-A and '58 to any person or authority subordinate to them and may, in likemanner, withdraw any- power so delegated. The exercise of any powers delegated wider this section shall be subject to such restrictions, limitations and conditions and to such control and revision by such authority as may be specified in the nw~cation.] 55. No suit or proceeding referred to in sectionLim;ration 54 shall, unless it be a suit or proceedi'ng for the recovery of immovable property or for a declaration of .title thereto, be commenced after,the expiry of six months from the date od which the cause of action m s e or in the cask of a -coptinuing injury or damage after the expiry of six months from the date of cessation thereof. %,;All amounts due to be recovered under this.8,;;;~;; Act *shall witho~t prejudice to any other mode ofto sdti. recovery &be recoverable as arrears of land revenue. 2 8'4 THE ORISSA PANCHAYAT SAMITS ACT, 1959 [Or. ~ c . 7 P a w to makc rulcs. 57 (])The Government, may after previous publi- cation, make rules1 cons istent with the provisions of this Act to carry out a11 or any of the purposes of this Act and prescribe forms for any matter for which they consider that a form sh~uld he provided. (2). In rticular, and w i t h o ~ t prejudice lo +he generality o the foregoing poivcr, such d e s may pmvidc for- ( i ) the conditions -subject lo which property may be acquired or transferred by sale, mortgage, lease, exchangc or otherwise by a Samiti; (ii) regulating the duties, functions and powers of a Samiti;- (iii) generally dkttermining the relations between 2, Grama Panchayats and Sarnitis and for the guidance of Samiris in all rnaiicrs connected with the carrying out of the provisions of this Act; 3[ (iii-a) reguia tion of all eIections under this Act including deposits to be made by candidates at an electionto t h ~ ofice of the Chairman, the conditions for forfeiture of" refund of such deposit and the qualificatic~ns. of a proposer or seconder;] (iv) any other matter which has to be or may- be prescribed- under this Act. (3) All rules made under this section shall be laid. before the Legislative Assembly as scion as possible after thcy are made for a