THE ORISSA ANCHAL SASAN ACT, 1955

41 * ORISSA ACT No. 4 OF 1958 THE ORISSA ANCHAL SASAN ACT, 1955 ( Received the assent of the Governor on the 3rd March 1956, first publis shed in an Extraordinary issue of the Orissa Gazette, dated the — 12th March 1956] AN ACT TO PROVIDE FOR DECENTRALISED ADMENISTRA- TION OF LOCAL AREAS BY OONSTITUTING ANOHALS AND ANCHAL SASANS THEREFOR IN THE STATE OF ORISSA WHEREAS it is expedient to provide for decentra- lised administration of local areas by consti- tuting Anchals and Anchal Sasans therefor in the State of Orissa ; It ishereby enacted by the Legislature of the State of Orissa in the Sixth Year of the Republic of India as follows :—- CHAPTER I Short title, 1, (1) This Act may be called the Orissa Anchal extentand Sasan Act, 1955. * ment. (2) It extends to the whole of the State of Orissa. (3) This section and section 4 shall come into force at once and the remaining sections shall comeinto force in such area and on such date as the State Government may by notification under section 4 declare to be an Anchal. i Bnac tmonte 2. On and from the date of the notification, if repealad. any, a8 aforesaid on which the remaining provisions of this Act come into force in any Anchal the enactments specified in Schedule I and Schedule IY so far as they are in force in the State of Orissa For Statement of Objects and Reasons aca Orisen Gazette extraordinary, dated the 4th April 1958, nd for 8 C, Re, ss Oriesa Gazette, Batraordinary, dated the 6th August, 1986. Definitions 42 shall from the date of the notification stand repealed to the extent mentioned in the third column ofSchedule I and amended to the extent mentioned. in the third column of Schedule IT in their applicationto the said Anchal: Provided that such repeal shall not affect the validity of anything done or suffered or any right, privilege, obligation or liability acquired, accrued orincurred, or revive any office, authority or thing abolished cr extinguished, under the ‘enactments nerebyrepealed : Provided further that until a new assessmentis’made under this or any other Act, any assessment, tate or tax or any other levy which was in force in an Anchal in pursuance of the provisions of theenactments specified in Schedule I shall continue toremain in force and all sums due or that may fail due on account of such agsessment, rate or tax orother levy shall, subject to the provisions ofChapter VIII, be realised in the manner prescribed. 3. In this Act unless thereis anything repugnantin the subject or context— . (i) * Additional: District Magistrate’ meansthe Additional District Magistrate of the district andwhere there are more than one Additional DistrictMagistrate in the district, the Additional DistrictMagistrate who is specially empowered by the StateGovernment under this Act 3 (ii) ‘Agricultural year’ means where theOriya year prevails, the year commencing on thefirstday of Baisakh of the Oriya year; where the Fasliyear prevails, the year commencing on the first dayof July and where any other year prevails, foragricultural purposes, that year ; Explanation—In the event of any question asto the particular agricultural year in any area thenotification by the Board of Revenue on this behalf shall be conclusive ; (i) ‘Anchal’' means the area declared to be an Anchal under section 4 ; (iv) ‘Anchal Executive Officer’ means an Officerappointed as such under section 79 ; (v) ‘Anchal Fund’ means the fund constituted under section 160 ; (vt) ‘Anchal Sabha’ moans the Sabha consti-tuted undersection 9 ; (vit) ‘Anchal Sasan’ means the authority consti- tuted under section 4 ; 43 (vit) ‘Area of Representation’ means the area 80 formed under section 8 ; (ia) * Centralised Pension Fund’ means the fund specified under section 82 ; (z) ‘ Competent Education Authority ’ means the authority specified by any law for the time being in force controlling education to act in the matter in reference ; (xt) ‘District Board’ means the body constituted pengal Aot for the local administration of the district Ht91995, under the Bihar and Orissa Local Self-Govern- xIvof 1920 ment Act, 1885, the Madras Local Boards Act, 1920 Oremoan and the Sambalpur Local Self-Government Act, 1939 ; (xii) ‘ Executive Committee ’ means the com- mittee constituted under section 67 : (xiit) ‘ Grama Panchayat ’, ‘Grama Sabha’ and ‘Grama Fund’ shall have the meanings assigned to them under the provisions of the Orissa Grama. Panchayats Act, 1948 ; SeteAct (xiv) «Joint Committee’ means the committee constituted under section 66 ; (xv) ¢ Municipality? means a municipality orisss Act constituted under the Orissa Municipal Act, 1950 ; IORIof (avi) « Notified area ’ means any area notified as such undersection 417 of the Orissa Municipal Act, orises Act 1950 ; arof (awit) ‘ Prescribed ’ means prescribed by rules — ° made by the State Government underthis Act ; (aviie) * President ’means any person presiding over a meeting of the Anchal Sabha or anyofits Committees ; (xiv) ‘Provident Fund’ means the fund specified under section 82 ; (wa) ‘Resident’ with all its grammatical variations and cognate expressions means, a person who (é) resides permanently in the Anchal; or (i) has his dwelling house within its loca) limits and occasionally visits it; or (ii) having no dwelling house of his own resides in a building or a part of the building situated within its limits for not less than six months during the calendar year immediately preceding the year in which the election is held; or (v) maintains within such limits a dwelling house ready for occupation in charge of servants and occasionally occupies it ; Co n stitn- tion of Anchal andAnchal Basan. Incorpors- tion Anchal Babha,ita powers, duties and functions. 44 {xai) ‘ Special Committee ’ means a Commit- tee constituted under section 63 ; (ait) ‘Technical Advisers’ means advisers nominatedyas such under section 88 ; (zwni) ‘ Village ’ means any area recorded as a village [in,ftheyRevenue records of the district in which it is situated ; and (xaiv) ‘Year ’ means the year commencing on the Ist;dayof September. 4. The State Government may by notification declare, for the purposes of this Act, any compact local area not overlapping the boundaries of a district. to be an Anchal and specify the name of the Anchal and constitute an Anchal Sasan for the same : Provided that the State Government may after making such enquiry and in such manner as may be prescribed, by notification, (¢) exclude from any Anchal any area comprised therein, or (é¢) include in any Anchal any area contiguous to the same and within the same district, or (dit) cancel or modify a notification under this section, or (tv) alter the name of any Anchal: Provided further that the area within the juris- diction of any of the Municipal Councils specified in Schedule III to this Act shall not be included in any Anchal. 5. Every Anchat Sasan shallbe a body corporate by the name of the Anchal for which it is constituted and shall;have perpetual succession and a common seal with power to acquire and hold property both ~ movable and immovable and subject to the provisions of ,this; Act or of any rules made thereunder, to transfer any property held by it, to enter into contracts and to do all other things necessary for the purpose of carrying out the provisions of this Act and may sue and be sued in its corporate name. 6. There shalt be for every Anchal Sasan an Anchal Sabha as hereinafterconstituted and save as otherwise expressly provided by or under this Act the powers, duties and functions of the Anchal Sasan shall be exercised, performed and discharged by the said Anchal Sabha : Provided that pending the formation of .an Anchal Sabha the State Government may nominate an Officer not below the rank of a Deput Collector who shall exercise all the powers on beha. of the Anchal Sabha subject to such general orders or special directions a8 the State Government may from time to time issue in this behalf. ent of thority of eAnchal utive r, Alonstitutoh of Anchal Sabha. Election 45 7. Save as otherwise expressly provided by or under this Act, the executive power of the Ancha Sabha for the purpose of carrying out the provisions of this Act shall be exercised by the Anchal Executive Officer appointed under section 79, who shall act under the authority of the said Anchal Sabha. 8. On the declaration of an area as an Ancha - under section 4 the State Governmentshallnotify the division of the Anchal into areas of representation for the constitution of an Anchal Sabha in the following manner :— (a) the area within the jurisdiction of ‘a Municipal Council, Grama Panchayat or a Notified Area Council shall each be an area of representation ; (b) all villages not falling within a Grama Pan- chayat or any Municipality or Notified Area Counci shall be grouped into different compact areas each having a population of not less than two thousand but n « exceeding four thousand inhabitants and each such area shall be an area of representation. 9. . n Anchal Sabha shall consist of— (a) Members duly elected undersection 10; and (b) Members duly co-opted in the prescribed manner undersection II for special representation of women, Scheduled Castes, or Scheduled Tribes. 10. (1) Within fifteen days of the declaration of the division of an Anchal into areas of representa- tion, the Collector shall call upon each Grama Panchayat and each Municipality or Notified Area Council within the Anchal te duly elect from jamongst the persons esiding within their respective urisdictions, a repre sentative to the Anchal Sabha and such Grama Pan chayat, Municipality or Notified Area Council shall thereupon elect a representative nthe prescribed manner: Provided that nothing herein contained shall debar a ; emberi or councor,as_ the case may be, of such Locel authority frombeing so elected to thel Anchal Sabha. (2) For an area ofr epresentation for which there isno Grama Panchayat, Municipality or Notified Arel Council, there shall be elected in the presscribed manner a representative from amongst the personal ordinarily residing in the said area,to the Ancha Sabha, 46 ose ; 11. If in an Anchal the election does not tion, return 6a representative of a Scheduled Caste, or @ woman and in Anchals specially notified by the State Government in this behalf, a Member belonging to the Scheduled tribe, the Anchal Sabha shall co-opt in the prescribed manner a Member ordinarily residing in the Anchal from each of the class or classes not represented. Explanation--A person shall be deemed to reside ordinarily in an Anchal if he (<) resides permanently in the Anchal ; or (i#) has his dwelling house within its local limits and occasionally visits it ; or (a) having no dwelling house of his own resides in a building or a part of the building situated within its limits for not less than six months during the calendar year immediately preceding the year in which the election is held ; or (iv) main- tains within such limits a dwelling house ready for occupation in charge of servants and occasionally occupies it, Tenureof 12. (1) A Memberelected for an area of represen- Membership. tation under sub-section (2) of section 10, or sub- section (3) of section 13, or co-opted under section 11, shall not hold office for more than three years. The Anchal Executive Officer shall at such time and in i such manner as may be prescribed, take stepsbefore the expiry of the term of office of such elected or co-opted Member for the election or co-option of a successor, as the case maybe. (2) Notwithstanding anything contained inthis Act or any rule made thereunder an outgoing Member of the Anchal Sabha shall continue to hold office until his successor enters upon the office in accor- dance with the provisions of this Act. Vacation of 13. (1) Whenever a Grama Panchayat, Munici- andflan? pality or Notified Area Council has been abolished, vacancy. superseded or dissolved, as the case may be, or where the membership in such Local authority, of a representative elected under section 10 expires by efflux of time or ceases otherwise, the representative elected by such Local authority under the said section * shall cease to hold office in the Anchal Sabha. If such | i a Grama Panchayat, Municipality or Notified Area Council is not formed or reconstituted, within the prescribed time in the area of representation, the Anchal Sabha may, in the prescribed manner, co-opt a Member from the said area, who shall continue to hold office pending such formation or reconsti- tution, Ji nieek: bes Publication — in the Ganotte, 41 (2) If a Grama Panchayat, Municipality or Notified Area Council is formed newly in an Anchal eo-terminus with one or more areas of representation, the Members elected under sub.section (2) of section lu for such area or area. of representation of the Anchal shall vacate the seat from the date on which the notification of election of a representative. from the newly formed Local authority to the Anchal Sabhais published. . (3) If a Grama Panchayat, Municipality or Notified Area Council is newly formed in an Anchal andits area instead of being co-terminus with the area or areas of representation overlaps other area or areas. so a3 to include a portion or portions thereof in the newly formed Grama Panchayat, Municipality or Notified Area Council, the Members elected under sub-section (2) of section 10 prior to such overlapping for such area or areas of representation shall cease to hold office from the day of re-election as hereinafter provided. The State Government shall, consequent to such overlapping redistribute’ the area or areas of re- presentation as new areas of representation under clause (4) of section 8 and Members shall be re-elected for such areas in the manner provided in sub- section (1) of section 10. (4) Within fifteen days of tho first meeting of the Grama Panchayat, Municipality or Notified Area Council newly formed or reconstituted by-a general election the Anchal Executive Officer shall call upon the Grama Panchayat, Municipality or Notified Area Council to elect its representative in the prescribed manner to the Anchal Sabha and the Grama Panchayat, Municipality or Notified Area Council concerned shall elect such representative in the preseribed manner, (5) Ifa seat in an Anchal Sabha falls vacant ander the provisions of this Act or rules made there- under, the Anchal Executive Officer shall call upon the area of representation concerned to elect or move the Anchal Sabha to co-opt, as the case may be, @ new representative to the Anchal Sabha. 14. (1) On the first election of Members under section 10 their names shall be published in the Gazette within such period and in such manner an may be prescribed 1 Memkethip, or co-option as a Member of the Anchal Sabha,if such person— 48S Provided that the State Government may, if they are satisfied that certain areas of representa-~ tion have failed without sufficient cause to elect or send the namesof their representatives to the Anchal Sabhafor publication within the prescribed period, cause the publication of the names of the representa- tives already received within such period and in such manner as may be prescribed, (2) The names of other Members elected, or co-opted from timeto time shall be published in the Gazette in the prescribed manner. 15. (1) If any person is elected to more than one . area of representation or is elected to more than one Anchal Sabha, he shall, by notice in writing signed by him and delivered to the Collector within the prescribed time and manner, declare for which of the areas of representation or Anchal Sabhas, he elects. to serve and such declaration shall be conclusive. (2) When any such declaration has been made his seat in other areas. of representation or the Anchal Sabha for which such person was elected, shall fall vacant. . 22H(3) If the candidate does not make the declara- tion referred to in sub-section (1) within the presorib- ed time the election of such person shall be void in all the areas of representation or the Anchal Sabhas concerned and action shall be taken for election to all the vacancies. 16. (1) No person shall be eligible for election (a) is not a citizen of India ; or () is appointed a Member of the Counoil of Ministers, or elected as Speaker of tho Orissa Legislative Assembly ; or (c) has been adjudged by a competent court to be of unsound mind or is under twenty-one years of ago ; or (@)is on undischarged insolvent or being discharged insolvent has not obtained from the Court a certificate. that insolvency was caused by misfortune without misconduct on his part ; or Procedure fur vacation on disquali- fication. 49 (e) is employed asa paid jegal practitioner on behalf of the Anchal Sasan or against the Anchal Sagan ; or (f) is an officer or employee holding office under the Anchal Sasan or has been dismissed from the Anchal Service ; or (9) is a Government servant either whole-time or part-time ; or (A)has been dismissed from Government service ; or . (3) being an employee of any Local authority whether whole-time or part-time has beon dismissed from service by the said Local authority ; or (J) is a habitual offender or has been convicted and sentenced to imprisonment for a term exceeding six months for an offence involving moral turpitude or ordered to give security for good behaviour under section 110 of the Code of Criminal Procedure, 1898;or ac of (4)is interested in a subsisting” contract made with or by or on behalf of the Anchal Sasan except as a share-holder in a co-operative society or as a Director, Secretary, Manager or any other office- holder of such society or as a share-holder in company other than a Director : Provided that a person shall not be deemed to have anyinterest in such contract by reason only ofhis having a share or interest in— (a) any lease, sale or purchase of any property or any agreement for the same ; or (b) any agreement for the loan of money or any security for the payment of money only. (2) Notwithstanding anything contained in sub-section (1) the State Government may, by order in writing remove any of the disqualifications provided in clauses (g), (¢) and (j) of sub-section (1). 47. (1) Any person elected or co-opted as a Member of an Anchal Sabha shall, if he becomes disqualified under the provisions of this Act, ceases to be @ Member of the Anchal Sabha and the State Government shall by a notice call upon him forths with to vacate the seat. (2) If the Member on notice issued under sub- section (1) contests the disqualification in the Election petition. 50 prescribed manner, the State Government shall refer the case for decision to an Additional District Magistrate of the district, who after making such enquiry ashe may deem necessary shall determine whether or not such person is disqualified and his decision shall befinal. (3) Where a case has been referred to the Addi- tional District Magistrate under sub-section (2) the Member shall not be deemed to have vacated his seat by reason of disqualification until the Addi- tional District Magistrate 80 decides. 18. (1) The election of any person as a Member of an Anchal Sabha may be questioned by election petition on the ground that— (@) such. person committed. during or in respect of the election proceedings any corrupt practice as defined in section 28 ; or (b) such person was declared to be elected by reason of improper rejection or admission of one or more votes or for any other reason and was not duly elected by a majority of votes ; or (c) such person was disqualified for election under the provisions of this Act : Provided that no election petition shall lie on the ground of wrongful admission or rejection of nomina- tion paper for which an appealshall lie within such period as may be prescribed to an Additional District Magistrate whose decision in this behalf shall be final. (2) The election of any person as a member of an Anchal Sabha shall not be questioned on the ground that —~ (a) there was a casual vacancy in membership or there was a defect in the constitution of the Grama Panchayat, Municipality or Notified Area Coun- oil ; or (6) there was any non-compliance’ with the provisions of this Act or any rule made thereunder or any mistake in the forms required thereby, or any error, irregularity or informality on the part of the officer or officers charged with carrying out the pro- visions of this Act, or any rules, unless such non- compliance, mistake, error, irregularity or informality has materially affected the result of the election. e Form of Petition Interplead- ing. Procedure 51 19. (1) The petition shall be presented by any candidate duly nominated in the election or by an elector of the electorate before the Additional Dis- trict. Magistrate together with a deposit of one hundred rupess as security for costs within fifteen days after the day on which the result of the election was notified in the Gazette and shall specify the ground or grounds on which the election of the opposite party is questioned and shall contain a summary of the circumstances alleged to justify the election being questioned on such grounds. Explanation—In this sub-section ‘ elector’ means a person who was entitled to vote. at the election to which the election petition relates whether he has voted at such election or not. (2) A person whose election ia questioned and all other candidates duly nominated at such election shall be impleaded as opposite parties to the petition. 20. Every opposite party may give evidence to prove that any person in respect of whom a claim is made that such person be declared elected in his place orin priority to him should not be declared so elected, in the same mannerasif ho had presented a petition against the election of auch persen, 21, (1) An election petition shall be heard by an Additional District Magistrate within whose jurisdic- tion the area of representation concerned may be situated at a place in the Anchal or in a Municipality contiguous to the Anchal. (2) Such Additional District Magistrate ( hercin- after referred to asthe Tribunal) shall be deemed to exercise jurisdiction aa persona designata. 22, (1) The Tribunal shall, as soon as may be, cause a copy of the petition together with the particulars ‘referred to in sub-section (1) of section 19 to be aerved on the opposite parties referred to in sub-section (2) of the said section. (2) Except as otherwise expressly provided. by this Act or the rules made thereunder the procedure provided in the Code of Civil Procedure, 1908, for Act vo «f the trial of suits, shall, so far as may be practicable, 6 be followed in the hearing of election petitions: Provided that— (a) any two or more election petitions relating to the election of the same. person may be heard together 5 Powers of tha Tribunal and proce: dure for wervice of notices and Process. 52 (b) the Tribunalshall not be required to record the evidence in full but shall make a» memorandum of the evidence sufficient in its opinion for the purpose of deciding the ,case ; (ec) the Tribunal may, at any stage of the proceedings, require the petitioner to give further security for the paymentofall costs incurred orlikely to be incurred by any opposite party and if within the timefixed by it or within such further time as it may allow such security is not furnished, may dismiss the petition ; (d) tho Tribunal for the purpose of deciding any issue, may require the production of or may receive so much evidence, oral or documentary, as it considers necessary ; (e) there shall be no appeal and no application in revision against or in respect of the decision of the Tribunal ; ° (f) the Tribunal may review its decision on any point on the application of any person considering himself aggrieved thereby if the applica- tion is presented within fifteen days from the date of decision. — . 23, (1) Unless it is otherwise prescribed the Tribunal shall have the same powers and privileges as the Judge of Civil Court and the service of all process and notices issued by the Tribunal shall on requisition byit be effected by a SubdivisionalMagistrate having jurisdiction. (2) An order for the realisation of security bond for costs passed by the Tribunal may be sent by it for execution to the Collector of a district within which the area of represéntation concerned is situate ~ and thereupon the Collector shall realise such costs as Finding. if they were an arrear of land revenue. 24. (1) If after holding an enquiry in accordance with the provisions of this Act, the Tribunal finds, in respect of any person whose election is called in question by a petition, that his election was valid, it shall dismiss the petition as against. such person and may award costs at its discretion. {2) Lf the Tribunalfinds that the election of any person was invalid, it shall either— (a) declare » vacancy to have been created ; or 88 | (b) declare another candidate to have been ee duly elected, whichever course appears in the particular circumstances of the case, more appropriate and in either case may award costs at its discretion. Corrapt 25. Notwithstanding anything contained in the Exprerer’” preceding sections, if the Tribunal in the course of provedure. hearing of an election petition is of opinion that the evidence discloses— (i) that corrupt practices have prevailed at the election proceedings in question to such an extent asto render it advisable to set aside the whole proceedings ; or | (i) that the result of election has been is materially affected by any non-compliance with the provisions of this Act or any rules made thereunder, any wistake in the forms required thereby or any . error, irregularity or informality on the part of any officer charged with or carrying out any duty under this Act, or rules made thereunder ; it shall set aside the whole proceedings and direct the Anchal Executive Officer to take measures for holding. fresh election proceedings and if the election is set aside for any cause which is the result of acts of a candidate or his agent, may declare that candidate to be disqualified for the purpose of such fresh election. Ezplanation—In this section the expressions ‘the election proceedings in question’ and ‘the whole proceedings’ shall mean all proceedings commencing from the filing of nomination and terminating with the declaration of election, taken in respect of the single poll in any area of t representation. Declaration 26. The Tribunal may declare any candidate isquali- found to have committed any corrupt practice under the foregoing section to be incapable for any period not exceedingfive years, of being elected as a member of the Anchal Sabha or of being appointed or retained in anyoffice or place in the gift, disposal, pay or y service of the Ancha] Sasan : Provided that a disqualification under this Act ' may be removed by en order of the State Government ' , in this behalf. Soyings 27. Where a candidate, who has been elected . to be a Memberof an Anchal Sabha is declared by the Tribunal not to heye been duly elected, acts fication. “ToGiab suchpersonis ‘entitled to vote shall on conviction be punishable with imprisonment which may oxiond to three months or with fine or with bo 54 done by him by virtue of the office before the time when the decision is intimated in the prescribed manner to the Anchal Executive Officer shall not be invalidated by reason of that declaration. agpaag 28. (1) A person shall be deemed to have commit- Pree ted a corrupt practice who directly or indirectly by himself or by any other person— (a) induces or attempts to induce by fraud, intentional misrepresentation, coercion or threat of injury, any voter to give or to refrain from giving a vote in favour of any candidate ; (6) with a view to inducing any voter to give or torefrain from giving a vote in favour of any candidate, or in consideration of any voter having voted or refrained from voting for any candi- date, offers or gives any moneyor valuable considera- tion of any place or employnent or holds out any promise of individual advantage or profit to any person including a promise ot spiritual salvation ; (c) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will becomeor will be rendered an object of divine displeasure or of spiritual censure with a view to influence him in any way in connection with the election ; (d) systematically appeals to vote or refrain from voting on groundsof caste, race, community or religion or uses or appeals to religious and national symbols, such as, the national flag and the: national _ emblem, for the furtherance of the prospects of a candidate’s election ; . (ce) employs, instigates or threatens any form of social boycott of any voter or candidate or of any onein which such voter or candidate is interested ; (f) gives or procures the giving of a vote in the nameof a voter whois not the person giving such a, vote; (g) offers any money or valuable consideration to any person to induce him to withdraw from being a candidate at an election or being a candidate accepts any money or valuable vonsideration so offered ; (4) abets ( within the meaning of the Indian <itl Penal Code ) the doing of any of the acts specified jee, in clauses (a), (6), (Cc), (4), (e), (f) and (g). : Explanations—(i) A ‘promise of individual advantage or profit to a person’ includes a promise for the benefit of the person himself or of any one in whom heis interested, but does not include a promise to further propose orto vote for or against any particular Anchal Sasan measure or work. (it) No agent, clerk, “messenger or other person who may in accordance with prescribed rules be employed for remuneration by a candidate at an election shall, by reason of such employment alone, be deemed to come within the provisions of this section. (iit) A corrupt practice shall be deemed to have been committed by a candidate if it has been comnit- ted with his knowledge or consent or by a person whois acting under the general or special authority of such candidate with reference to the election. (2) Every person who is guilty of a corrupt practice at or in connection with an election hed under the provisions of this Act shall on conviction be punishable with imprisonment which may extend to six months or with fine or with both. Folsificattom 29. Every person who falsifies or attempts to peed falsify the record of an election by removing, _ destroying, altering or fabricating nomination papers or voting ponent or by any other act or by any omission shall on conviction be punishable with imprisonment which may extend to one year or with fine or with both. Infringement 30. Every polling officer, who except for some nr purpose authorised by law, communicates to any rson any information showing directly or in- directly for which candidate any voter has voted and every person who by improper means procures any such information, shall on conviction be punish- able with imprisonment of either description for a term which may extend to three months or with fine or with both. (0 31. Every polling officer who permits a person Felliag to vote knowing that such person is not entitled to vote or who prevents a person from voting knowing that such person is entitled to vote shall on conviction be punishable with imprisonment which may extendto three months or with fine or with both. 56 Cognizancs =»--§-: 32, No Magistrate, other than. a Magistrate ofor ousn’e** the first class, shall take cognizance of any offence punishable under sections 28, 29, 30 and 31. nor shall any Magistrate take cognizance of such offence— (a) except on the complaint of a person whose name is on theelectoral roll ; ; to (6) unless such a complaint in respect of an offence either under section +28 or 31 or section 29 or 30 has been made within 14 days or 45 days respectively from the date of the -declaration of the result of any election to which the offence relates 3 and. (c) except inthe case of an offence punishable under sections 29,30 and 31 unless the persons complaining shall have deposited fifty rupees. The deposit mentioned in clause (c) shall be refunded to the complainant if the complaint is found to be true or if for any other reason, the Magistrate so directs. Barto inter. 33. No election of a Member of an AnchalGonce »Y Sabha shall be called in question in any Court except under the procedure provided by this Act and the rules, if any, made thereunder and no order passed by the Tribunal in any proceeding under this Chapter = for hearing of an election’ petition shall be called in question in any Court and no court: shall grant an injunction— (7) to postpone an election of a Member of an Anchal Sabha ; or (71) to prohibit a person, declared to have been duly elected under this Act from taking partin the proceedings of the: Anchal Sabha of which het _ has been elected a Member; or ‘ (#2) to prohibit. a Member formally electedi or appointed to an Anchal Sabha from entering upon his duties. 34. A member of an Anchal Sabha other than the Chairman or Vice-Chairman mayresign his office by writing under his hand addressed to. the Chairman of the Anchal Sabha and thereupon the office shall fall vacant. Absence 35. A member of an Anchal Sabhashall in thei meetings event of his failure to attend six consecutive meetingsi ire of the Sabha cease to hold office and thereupon' me the office shall fall vacant. Resignation 57 CHAPTER If Cuainman, Vicu-CaaInMan AND MEMBERS Eisepee 36. (1) Within fifteen days of the publication of Arshad0 the names. of Members elected to a new Anchal Sabha Sabhe, eo” under section 14, the Collector of the district shall Ghsirmen call the first meeting of the said Sabha consisting of RAtheVico the said elected Members for the co-option of Members - as provided under this Act and a Member elected by the Members present shall preside over such a meeting. The President of the meeting shall fix a date notlater than fifteen days from the date of the first meeting for the purpose of election of the Chairman and the Vice-Chairman from amongst its Members.- . (2) On the date so fixed under sub-section (1) the Collector shall call the next meeting of the Anchel Sabha and at such meeting the said Sabha shall _ elect from amongst its own Members its Chair- . man and the Vice-Chairman. The Collector of the district or an officer, not being below the rank of a Subdivisional Magistrate, nominated by him shall preside over the meeting. (3) Within fifteen days of occurrence of any «vacancy'in the office’ of the Chairman or Vice-Chair- man the Collector of the district shall call upon the ‘Anchal Sabba to elect. the Chairman or Vice-Chair- man, a8 the case may be, at @ meeting specially convened for the purpose. (4) If the Members of the Anchal Sabha fail to elect a Chairman or Vice-Chairman under sub-sec- tion (2) or sub-section (3) the State Government may fill up these offices by appointment from amongst the members of the Anchal Sabha until such time as the Anchal Sabha may elect. such Chairman or Vice-Chairman in the prescribed manner. * - (8) "ho names of the Chairman and the Vice- ’ Chairman shall be published ia the Gazette. Jeave of 37. An Anchal Sabhé may grant leave of abusnee, = agence to-its Chairman or Vice-Chairman for any period not exceedingythree months in any one year and simultaneously elect a person who shall act in the vacancy during the period of leave. CHAPTER UT Procesprnes of AN AnouaL Sapa Meetings 43. An Anchal Sabha chall meet not less than six times during any year for the transaction of business and a period exceeding two months shall . not be allowed to elapse between two successive meetings. Gonvening 44. (1) As soon as may be after his election, x wf mecti5g™ the Chairman shall call'a meeting of the Members. Notice of such meeting specifying the time -and place thereof and the business to be transacted ‘thereat shall be despatched to every Member and exhibited at the Anchal Office fifteen clear days before the meeting. (2)The date of the next meeting shall be declared by the Chairman or the President at the meeting held under snb-section (1) and notice of every such subsequent meeting specifying the time and place shall be exhibited in the Anchal Office and bo deemed to be sufficient notice of such subsequent meeting. (3) The notice shall contain a list of business to be transacted ina subsequent meeting together with the time and place for such meeting and with such details and in such form as may be prescribed and be ’ despatched: to every Member and exhibited at the” ‘Anchal Office fifteen clear days before the date of meeting. (4) All matters specified in a notice under sub+ secti ns (1) and (3) shall, subject to the approval of the Chairman or the President, as the case may be, pe included in the agenda of a mocting and. no efeiamen __ 98, (1) An appointed Chairman or Vice-Chairmaner Vice mayresign by writing under his hand addressed to +Chairmen, the State Government and on such resignation beingaccepted he shall be deemed to have vacated hisoffice. a 5 (2) An elected Chairman or Vice-Chairman of an“Anchal Sabha may resign his office by writing underhis hand addressed to the Vice-Chairman if fe is theChairman and to the Chairman if he is the Vice- ..Chairman, (3) The Anchal Executive Officer shall placethe resignation under gub-section (2) before the nextmeeting of the Anchal Sabha and thereupon theChairman or the Vice-Chairman, as the case may be,‘ shall be deemed to have vacated the office, Chairman or 39. Notwithstanding anything contained in‘eetShaa Section $8 the Chairman and’ the Vice-Chairman ofeftce pend- an Auchal Sabha shall continue to hold office untilcrfppont election or’ appointment of his successor igment. made. Removal of 40. (1) The Chairman or Vice-Chairman of anChairman Anchal Sabha may at any time be removed from ;Ghairan, Office by a resolution of the Anchal Sabha in favour ‘of which not less than two-thirds of the total numberof Members of such Sabha have given their votesat a meeting convened on the written requisitionof not less than one-third of the total number ofMembers : Provided that at such a meeting the Colleo-tor of the district shall preside. (2) The resolution wnder sub-section {1) shall beforwa ded to the State Government where: pon the—-State_Go-vammant, shell note 1 —s. 60 business other than those specified in the said noticeshall be transacted at the said meeting except with : ’the consent of all the members present : Provided that any matter notice whereof has .been given in the prescribed form and manner by a ~Member;to be discussed{at the meeting shall,’ if’ theChairmanor the President considersit relevant, be 80discussed and the decision in that behalf of thePhairman or'the President, as the casemay be,{ shall e nal, . Epmer o f the 45. The Chairman or ‘in his absence the Vice?Vice ° Chairman or in the event of either being absent ofGem incapable of acting due to unavoidable reasons, theAnohal § Anchal Executive Officer may, wheneverit is requiredExecutive underthe Act, calla meeting of the Anchal Sabha.icer to calla meeting. Adjournment 46. (1) Any meeting of the Anchal Sabha maywith the consentof the majority of Members present,be adjourned to any other date, but no businessother than thatleft over at the adjourned meetingshall be transacted at such subsequent meeting, ‘ (2) A notice of such adjournment posted at the :Anchal Office on the date on which the meeting is ¥adjourned shall be deemed to be sufficient notice ofthat meeting, Public not 47. Members of the public shail not be admittedcapttea, to the meeting of the Anchal Sabha, but the Presidentof the meeting may allow the Technical Advisers ofthe Anchal Sasan or anyofficer of the State Govern-ment to take part in the discussions but such personsshall have no right to vote: Provided: that the President may in hisdiscretion permit any Sarpanch, Naib-Sarpanch orthe President’ of an Adalti Panchayat within thelocal limits of the Anchai, to attend any meeting ofthe AnchalSabha‘or’ any of the Committees consti-tuted under this Act as a visitor and such permissionshall not be called into question by any Member cfthe Anchal Sabha or the said Committee : x Provided farther that the President may inhis§ discretion§ request] a Member: of the Orissa .Legislative Assembly ora Member of the Parliament *representing any area in the Anchal to address ameeting in any matter concerning the affairs of theAnchal or any of the committees constituted underthis Act. “ - President of the meeting. Queram “Power to ail for Proceedings. Production of records. 6} 48, At the meeting of the Anchal Sabha the Chairman shall preside andin his absence the Vice- Chairman and if both are absent, then the Members present shail choose one from amongst themselves to preside at the meeting. 49.(1) No business shall be transacted at a meeting unless a quorum of one-third of the Members of the Anchal Sabhais present at the commencement of the meeting, (2) If at a meeting there are not sufficient Mem. bers present at the commencement of the meeting to form a quorum,the President shall adjourn it to such time or date as he thinks fit and notify the same to the Members and the business set down for the meeting shall be taken up at the subsequent meeting whetherat such subsequent meeting there is quorum or not. (3) No business other than the business fixed for the original meeting shall be transacted at any such subsequent meeting. (4) A notice of adjournment exhibited at the Anchal Office on the date on which the meeting is adjourned shall be deemed to be sufficient notice of the subsequent meeting. 50, The Anchal Sabha may at any time coal! for any return, statement, account or report concerning or connected with any matter with which any Committee constituted. under this Act is empowered by or under this Act to deal, and every such requisition shall be complied with by the said Committee. 51. The Anchal Sabha may at any time require the Anchal Executive Officer— (a) to produce any record, correspondence or other document which is in his possession or control as Anchal Executive Officer ; (6) to furnish any return,plan,estimate, state- ment, account or statistics concerning or connected with any matter appertaining to the administration of this Act ; and (e) to furnish a report by himself or to obtain from any of the officers subordinate to him, and furnish with his remarks thereon @ report upon any subject concerning or connected with the administra. tion of this Act : Provided that the Anchal Executive Officer may defer such productiontill the next meeting and « 6 if he is of opinion that the production of any such record, correspondence or document or furnishing of any such returns, plans, eatimates, . Btatements, accounts, statistics or report will be detrimental to the pubic interest or the interest of the Anchal Sasan he shall refer the matter to the Chairman whose decision shall be final. Gosations 52. Subject to any rules that may be made in this behalf a Member may at any meeting put questions concerning ot connected with the adminis. tration of the Anchal and the answers to the same shall be furnished in the prescribed manner. Member 53. (1) No Member of an Anchal Sabha or anySbcont‘rem Of its Committee shall vote on or take part in the faking pert discussions of any qucstion coming up for considera-aetion at a meeting of the said Anchal Sabha or the Committee if che question is one in which, apart from its general application to the public, he has any direct or indirect pecuniary interest, (2) The Prosidont of the Anchal Sabha or of any of the Committees constituted uader this Act, may, either on bis own motion or on the motion of any Member present, prohibit any Member from voting or taking part in the discussion of any matter in which he believes such Member to have interest or he may require such Member to abseat himself during the discussion, ° (3) Such Member may challenge the decision of the President who shall thereupon put the matter to themecting. The decision of the meoting shall be final, (4) If the President of an Avchal Sabha or any of the Committees on information received is satisfied that a Memberhas voted or taken part in the discus. sions in any meeting in contravention of the provisions of sub-section ( 1) or sub-section (2), he may, in a meeting held within a period of two months from the date of information, call upon the Anchal Sabha or the Committes, as the case may be, to reopen andrevise its decision and such decision shall be final. Preservation 54. (1) It shall be the duty of the President tosforder. preserve order in a meeting and in the event of any grave disorder arising therein he shall have power to adjourn or suepend the meeting as he deome fit. — ~ a e Decision by majority. Savings Minute Book. 63 (2) A member whoin the opinion of the President is guilty of disorderly conduct in any meeting may be ordered by the President to leave the meeting forth- with and such order of the President shall be final orebinding and shall not be questioned in any court of law, (3) If in spite of the orders of the President to withdraw a member persists in remaining at the meeting the President may take such steps as he may deem fit to cause such member to be removed and such member shall on a complaint by the President in that behalf be also liable on conviction to be punished with a fine which may extend to one hundred rupees, 55. (1) Except as otherwise provided by or under this Act, all questions brought before any Meeting held under this Act, shall be decided by & majority of votes of the Members present and ia the case oi equality of votes the President shall have a@ second or a casting vote: Provided that in the case of equality of votes at the election of Chairman or Vice-Chairman of the Anchal Sabha the President shall not exercise casting vote and the result shall be decided by lot. (2) Except as otherwise provided by or under this Act no subject finally disposed of by an Anchal Sabha shall be considered by it within ‘six months unless the recorded consent of not lesa than three- fourths of its Members has been obtained thereto, or unless the State Government has directed its reconsideration. 56. No act or proceeding of the Anchal Sabha orany of its Committees shall be questioned on account of any vacancy in the membership or any defect in the election or qualifica- tion of the Chairman, Vice-Chairman, President or Member thereof or any defector irregularity in any such act or proceedings not affecting the merits of the case, 57. (1) Minutes recording the proceedings at every meeting of the Anchal Sabha or any ofits Committee and the names of Members present shall be entered in the minute book and confirmed at the same or the next meeting by the President after being read out in the meeting, , Appoint. ment of Committees, Committes for Educa» tion, 64 (2) A copy ofthe minutes of the proceedings ofeach meeting of the Anctal Sabha shall be forwardedto the Members and the Collector of. the dist: ict orsucb other authority as. the State Gevernment mayappoint in this behalf within seven days of the meeting, CHAPTER IV Commirrrss 58. (1) In each Anchal Sasan there shall beCommittees for (1) Education, (2} Public Health and(3) Agriculture and Development for the purpose ofexercising such of its powers or performing such ofits functions as may bespecified in this Act or in thetules made thereunder, (2) Subject to the other provisions ofthis Actthe conduct of the business of the committees consti-tuted under this chapter and the membershipthereof shall be regulated in the prescribed manner, 59. (1) The Committee for education shall consist of— - (a) the Chairman or the Vice-Chairman cf theAnchal Sabha according as may be decided by the Sabha, who shall be the Chairman of the Committee ; (6) the Anchal Educatiéti Officat, Member ex-officio ; (c).the Anchal Executive Officer who shall he Momber-Secretary, ex-officio of the Committee ; (2) not more than three Members of theAncha) Sabha, not being its Chairman or Vice- Chairman; : (e)} not more than three outsiders elected by.the Anchal Sabha from aut of jersons qualified to beMembers of the Anchal Sabha. (2) The Committee for Education shall, subjectto the provisions of this Act and the rules made thereunder— (a) control the Education Fund ; (6) superintend all matters connected with thefinance, accounts, control, maintenance and manage+tment of all schools maintained or aided by. theAnchal Sasan and superintend such schools ‘of the Committee for Publio Health, 65 Grama Panchayats, Municipalities and Notified Area Councils. aided’ from the Education Fund in the matters relating to education ; {c).examine. the existing provisions for education and make suggestions for ways and means for further provision necessary to place education within the reach ofall: children’ of schoo! going age; (d),suggest schemes for diffusion of education in the Anchal ; and (e) advise on all matters.relating.to education referred to the Anchal Sasan by the Director of Public Instructions. 60, (1) The Committee for Public Health shall _ consist of— (a)*the Chairman or the Vice-Chairman of: the Anchal. Sabha, according as:may. be decided: by the Sabha, whoshall bethe Chairman of the Committee ; (8) 2 Medical Officer nominated by the Civil Surgeon of the district ; (c) the,Ancha] Health Offcer; (d) the Anchal Executive Officer who shall be. the Member-Secretary, ex-officio of the Committee ; {¢) not. more. than three Members of the Anchal Sabha, not being. its Chairman or Vice- Chairman; and (f) not more than two outsiders elected by the Anchal Sabha from out. of. the persons qualified to be Members of the Anchal Sabha, (2). The Committee forPublic Health shall— (a) suggest schemes for all proposals. for grants-in-aid in’ the Anchal for public health and . medicalrelief ; (b) suggest schemes for all proposals for increased medical relief and increased * provisions for public health in the Anchal ; (ec). supervise all? works connected with the publichealth and medical relief of the Anchal.; (d) exercise such-powers as may be delegated, by the Anchal Sabha in accordance with the rules that may be prescribed, feeag‘er culture and Devalop- 66 (3) The Committee for Public Health may in anemergency authorise expenditure on public healthauTangements or medical relief up to such limits asmay be provided by the Anchal Sabha and subject tosuch generalor specific rules the State Governmentmay make in this behalf and all such expenditureshall be charged to the Anchal Fund : Provided that these Special powers maynot be used when the situation admits of delay for -calling meeting of the Anchal Sabha to decide thematter. G1. (1) The Committee for Agriculture andDevelopment shall consist of — (@) the Chairman or the Vice-Chairman of theAnchal Sabha according as may be decided by theSabha, whoshall be the Chairman of the Committee ; (6) the Anchal Executive Officer who shall bethe Member-Scoretary, ex-officio of the ‘Committee ; (ec) the Anchal Agricultural Officer ; (d) the Anchal Veterinary Officer; (e) not more than three Members of the AnchalSabha not being its Chairman or Vice-Chairman ; and (f) four outsiders to be elected by the AnchatSabha trom outof the persons qualified to be Members agricultural worker of the Anchal, (2) The Committee for Agriculture and Develop-ment shall— (2) initiate and advise the Anchal Sabha on allmatters concerning developmental activities such aa,agriculture, co-operation, fishery and cottageindustry ; (6) initiate and advise on proposals fororganising and controlling fire-fighting ; . (©) initiate and advise on matters concerningvillage forests ; ., (4) initiate and advise on matters concerningutigation sources and assessment of water rates ; and . (e) initiate and advise on matters conce:improvement of live-stock and prevention ancontrol of animal disease, 67 (3) The Committee for Agriculture and Develop. ment shall co-ordinate the work done by itself as the Committee under the Anchal Sabha and’ the District Agricultural Executive Committee under the Orissa Agriculture Act, 1961 for better development in the Aot Anchal, XVI of 1951. Election to 62, (1) The Members of the Committees constitut- Committees: aq under this Act shall be elected by the Members of the Anchal Sabha from among themselves or from among other persons in the Anchal who are not disqualified under any of the conditions laid down in section 16 where outsiders are to be elected. (2)The Anchal Sabha may delegate to any of the Committees under section 59,60 or 61 any of its powers or duties within the scope of the respective committees or withdraw all or any of the powers or duties so delegated. (3) Each Member of the Committees referred to in sub-section (2) shall, in the performance of the duties and in the exercise of the powers delegated to the said Committee, be subject to all the obligations imposed by this Act on Members of an Anchal Sabha in respect of such duties and powers. (4) All decisions taken in a meeting of any Committee constituted under section 59, 60, 61 or 63 shall be in the form of resolutions and all such resolutions shall be submitted to the Anchal Sabha for consideration at its next meeting. Where any such resolution is merely advisory in character the said Sabha shall give it due consideration and in the cage Of any other resolution the Anclal Sabha may confirm, modify, alter or cancel the same : Provided that pending such confirmation, modification, alteration or cancellation such resolu- tions of the Committee shall be final.’ (5) Any Committee constituted under section 59, 60 or 61 may determine if any expert advice is necessary in respect of any matter pending before it and may invite such persons well qualified to give such advice either generally or for any specific meeting, but such person shall not be entitled to vote. Special 63. An Anchal Sabha. may whenever necessary Committe constitute in the prescribed manner a Special Committee consisting of not more than five Members 68 whether elected from amongst its Members or from outside from amongst persons qualified to be Mem- bers of the Anchal Sabha— (a) for the purpose of exercising such powers and discharging such duties or performing such functions of the Anchal Sabha as it may by an order in writing specify in this behalf ; (6) for enquiring into and for report or advice on any matter within the purview of the Anchal Sabha which it may refer to them : Provided that where the powers, duties and functions or the matter concerned are analogous to the powers, duties and functions or matters within the purview of a Committee constituted urider section 59, 60 ot 61 the Anchal Sabhashall not form a special Committee separately for delegating such powers, duties or functions or seeking advice. Datiesand 64, All. provisions of this Act relating to themavittier of duties, powers, \ Liabilities, disqualifications and disabilities of the Members of the Anchal Sabha shall be applicable, so far as may be, to the Members of any Commnittee constituted under this Act, who are not Members of the Anchal Sabha. Membership 65. (1) The Chairman or, President of any offen" the Committees or any mismber thereof elected. from smiongthe members of the Anchal Sabha shallcontinue to hold office so long as he is the Chatman or Vice-Chairman of the Sabha or a member thereof, asthe ‘case may be. (2) Anoutsider elected to any such Committee other than a Special Committee shall hold office for a period of three years from date of election : Provided that an outsider lected to any Committee‘constituted under this Act, if he incurs any disqualifications mentioned in section 16, shall forthwith cease to be a Member of such Committee and the procedure in section. 17 shall be followed to declare the seat vacant, (3) When a vacaney occurs in any Committee constituted under this “Act the Anchal Sabha shall as Soon as may be hereafier elect a Member’ to the vacancy, . . Joint 66.(1), The State Government may, on application Committees. of one or more Anchal Sabhas or on their own motion, constitute a-Joint Commitice out of their respective 69 bodies and other Local authorities, if any, within their respective jurisdictions for any. purpose in. which they are jointly interested or for any matter for which they are jointly responsible and delegate to such Joint Committee any power which might.be exercised by any of the said Anchal or Local authorities “ concerned, Such Anchal Sabhas and Local authorities, if.any, may from time to time frame regulations subject to the control of the State Government determining— (a) the total number of Members of the Joint Committee ; . (6) the number whoshall be Member of the Local authorities concerned and the number who may be outsiders ; (c) the persons wheshall be Members of Soint Committee and the manner in which they shall be elected or appointed ; (d) the person who shall be President..of the Joint Committee and the manner in which be shall bo elected or appointed ; {e) the term of office of Members and President; (f) the powers being powers exercisable by, one or more of the Local authorities concerned which may be exercised by the Joint Committee ; and (g) the proceedings of any such Joint Commit- tee, and the conduct of correspondence relating to the purpose for which the Joint Committee is constituted. (2) A joint Committee may include persons who are not Members of the Local authorities concerned but who may, in their opinion, possess special qu: lifications or special interest for serving on such Committee : Provided that the number of euch persons shall not exceed one-third of the total number of Members of the Joint Committee, (3) Subject to the provisions of sub-section,-(5) the regulations framed under sub-section (1) shall not have effect unless assented to by each of the Focal authorities concer: 70 (4) If the State Government take action andersub-section (1), they may issue such directions agthey think necessary or desirable’ in respect of all orany ofthe matters referred to in sub-sections (1),(2).and (3). (5) If any difference of. Opinion arises betweenLocal authorities under any of the foregoingprovisions of this section, it shall be referred to theState Government whose decision shall befinal. 67. (1) There shali be an Executive Committeefor each Anchal Sabha to facilitate effectiveadministration of the Anchal and it shall consist,of the Chairman, Vice-Chairman and the AnchalExecutive Officer. The Executive Committee mayco-opt any officer of the Anchal cadre and invite anyMemberof the Anchal Sabha or officer of the AnchalSasan to take part in the deliberations, (2) The Executive Committee shall subject tothe provisions of this Act and the rules madethereunder-— (a) consider the budgets and the statements,estimates and accounts necessary to appreciate thebudget for submission to the Anchal Sabha 3 (0) superintend all matters connected with thefinance and accounts of the Anchal Sabha and inmatters within the competence of the Anchal Sabhasubmit their recommendations to the said Sabha forconsideration and in matters within the competenceof the Anchal Exeoutive Officer advise him ; (¢) scrutinise and advise the Anchal Sabha onfixation of priorities for public works in the AnchalSasan ; (d) scrutinise and sanction all plans andestimates for works sanctioned in the budget; (e) co-ordinate planning and execution of thework of the Anchal Sabha including those of theCommittees constituted under this Act ; (f) prepare the agenda of the Meetings of the Anchal Sabha ; (g) suggest lines of action on financial andother important matters of policy ; and (t) deal with all other matters speciallyreferred to it by the Anchal Sabha, 7 CHAPTER V DIsoH#aRGE OF FUNCTIONS BY THu ANoHAL Sanaa AND THE ANOHAL AUTHORITIES Manner of 68. Except as otherwise provided in section 7, discharging the Anchal Sabha and the Committees constituted by the ander this Act shall discharge their functions in gzcnel accordance with the resolutions duly recorded at a meeting of the Anchal Sabha or the respective Committees, as the case may be- Powersand 69. (1) Subject to the provisions of this Act and the dastiosof the rules made thereunder and subject to such control as Anchet2 may be exercised by the Executive Committee con- Officer. stituted under section 67 in this behalf, the Anchal Executive Officer shall carry out the directions of the ‘Anchal Sabha and any of the Committees constituted under this Act other than a Special Committee issued. to him from time to time : - . Provided that the Chairman may subject to confirmation by the Anchal Sabha give directions about the implementation of resolutions of the Anchal Sabha to the Anchal. Executive Officer who shall carry out the same until and unless the Anchal Sabha otherwise directs. (2) Without projudice to the generality of the foregoing provision the Anchal Executive Officer shall subject to the control of the Anchal Sabha— (a) perform ali the duties and exercise all the powers and functions imposed or conferred upon him yy or under this Act ; (6) receive, recover and credit to the Anchal Fundany sum due or tendered to the Anchal Sasan ; (c) supervise and control the acts and proceedings of all officers and employees of the ‘Anchal Sasan, and persons working under the said Sasan ; . {d) have power to grant, refuse, suspend or withdraw all licenses in pursuance of any rules or bye-laws made under this Act. Authorises - 70, (1) The Anchal Executive Officer may, with nck the prior approval of the Anchal Sabha and subject Bacoutiv® to such general or special orders: a8 the Giate * Government may make in this behalf, by order in writing authorise any other officer or employee Emergency powera of the Anchal Executive Officer, Power of entry and inspection. 2 ofthe Anchal Basan to exercise under his super- visory control any of the functions of the Anchal Executive Officer under this Act or rules made thereunder as specified in the order. . (2) An order by the Anchal Executive Officer under sub-section (1) may specify any condition and impose any restriction in respect of the exercise of any such function. 7t. (1) On the occurrence or apprehension of any accident or disaster involving or likely to involve extensive damage to the property of the Anchal Sasan or danger to humanlife, the Anchal Executive Officer shall take such immediate action as the emergency appears to him to justify or require. . (2) The Anchal Executive Officer shall forthwith report to the Chairman of the Anchal Sabha the action he has taken under sub-section (I) and his reasons for taking the same and the amount of cost, if any, incurred or likely to be incurred, in’con- sequenceof such action. 72, The Anchal Executive Officer or any person authorised by him in this behalf, may enter into or upon any building or land with or without assistants or workmen, in order to make any enquiry, inspection, test, examination, survey, measurement or valuation or to execute any other work which is authorised by the provisions of this Act or of any rule, regulation, bye-law or order made thereunder or which it is necessury for any of the purposes of this Act or in pursuance of any of the said provisions to make or exeoute : Provided that— ;.(@) except when it is otherwise expresal provided in this Act no such entry shall be made between sunset and sunrise ; (b) except when it is otherwise expressly provided in this Act no dwelling house, and no part of a publicbuilding used as a dwelling piace shall be so entered without the consent of the oceupier thereof unless the said occupier has been served with at least three hours’ previous notice of the intention to make such entry ; (c) sufficient notice shall be given in every case, even when any premises may otherwise be entered without notice, to enable the inmates of any Power to visit and supervise. Liability for 73 apartment appropriated to women to remove to some part of the premises where their privacy may be preserved; (d) due regard shall be paid, so far as may be compatible with the exigencies of the purpose of the entry, to the social and religious usages of the occupants of the premises. 73. Every member of the Anchal Sabha shall be entitled to visit any institution maintained or managed by the Anchal Sasan and every Member of a Com- mittee constituted under this Act shall be entitled to visit and supervise the working of any suchinstitution, the affairs of which are under their control in pursuance of the provisions of this Act or the rules made thereunder. 74, (1) Any Member acting in an executive capa- city or an employee or an agent of an Anchal Sasan shall be liable for the loss, waste or misapplication of any money or other property owned by, or vested inthe Anchal Sasan, if such loss, waste or misapplication is a direct consequence of his negligence or misconduct, and a suit for com- pensation may be instituted against him in any Court of competent jurisdiction by the Anchal Sasan with the previous sanction of the State Government or by the State Government. (2) Every such suit shall be instituted within three years from the date on which the cause of action arose. 75. When any Member of an Anchal Sabha or or any employee of the Anchal Sasan orffany person discharging any duties or performing any functions in pursuance of this Act or the rules made thereunder, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duties, no Court shall take cognizance of such offence except with the previous sanction of the State Government, 76. No person shall obstruct or molest, any Member of the Anchal Sabha or any of the Committees constituted under this Act, the Anchal Executive Officer, any person employed by the Anchal Sasan or authorised by. it, or any person with whom the Anchal Sasan has entered into a Contracts Summons to 74. contract, for the performance of any duty or the execution of any work while acting in accordance with the provisions of this Act or under the authority of the Anchal Sasan. 77.(1) Subject to such general or special restrictions that may ke imposed by the Anchal Sabha in this behalf, the Anchal Executive Officer may with the previous sanction of the Executive Committee enter into and execute contracts necessary for the purposes of this Act on behalf of the Anchal Sasan. , (2) The Contract shall be sealed with the common seal of the Anchal Sasan. (3) The State Government may make rules as to the manner of submission and opening of tenders and their aeceptance andsuch rules shall be binding on the Anchal Sasan and its officers and employees. . (4) A contract executed contrary to sub-secticn (1), (2) or (3) shall not be binding on the Anchal Sasan. 78. The Anchal Executive Officer may summon give evidence any person to attend before him and to give evidence Anchal Executive Officer. Claazes ot Anchals. or produce documents, as the case may be, in respect of any question relating to land revenue, cess, taxation or other assessment or to the grant of any licence or permission. under the provisions of this Act. —— CHAPTER VI EsTaBLISHMENT 79. The Anchal Executive Officer shall be an officer of an Administrative Service under the employ of the State Government.and appointed to the Anchal Sasan, and the Anchal Sabha shall not have power to dispense with the services of the Anchal Executive cer. 80. The State Government may, from time to time, by notification— (a) divide Anchal Sasans in the State of Orissa TaD ! into different classes according to their income and - other circumstances ; and ~ : (6) transfer any Anchal Sasan from one class to another. 2 15 Anche! ~ - 81(1) Every Anchal Sasan shall have— (a) an Anchal Engineer, (6) an Anchal Health Officer, (c) an Anchal Agricultural Officer, (d) an Anchal Veterinary Officer, and (e) an Anchal Education Officer. (2) ‘Lhe officers specified in sub-section (1) shalls subject to the provisions of this act, be under the administrative and disciplinary control of the Anchal Service Board. . Rulesfor $2. (1) The State Government may, by rules, cadre. provide for qualifications and conditions of services for each of the services mentioned in sub-section (1) of section 81. (2) In particular and without prejudice to the generality of the foregoing power the rules may provide for— a, (a) the qualifications for employment in the cadre ; - (b) the classes and grades of officers, under each ofthe services and their pay and allowances; (c) conditions of leave, pension. and provident fund ; (@) a Centralized Pension Fund. or Contribu- tory Provident Fund to which each Ancha] Sasan under which the officer works, shall compulsorily contribute at the prescribed rate 5 and (e) eligibility of the officers in the Anchal cadre to higher classes and grades in the said cadre and also to higher classes and grades in a correspon- ding State service. Ap point 83. (1) Notwithstanding anything contained in’ mat of any law,rule, order or contract for the time beiug Oficoreefin foree on the date of constitution of an Anchal Board, Sasan or Anchal Sasans, the State Government may LooalBoard, direct that the duly qualified and suitable officers of Sea 9 similar gr.de or class of any District Board, cadre. Local Board or Anchal constituted under the Orissa OrisAct. Estates Abolition Act, 1951 and such oftheofficers * . of the State Government as they decide fit and desirable, shall be appointed to the Anchal cadre posts in the said Anchal Sasan or Anchal Sasans and thereupon such officer shall cease “to be officers Direct recruit te Constitu. tion of the Anchal Service Board. Ineorpore- tiom Powers and functions of the Anchal Service Board. 76 of the said District Board, Local Board vr the Anchal or the State Government, and they shallbecomeofficers cf the corresponding Anchal cadrefor such services and their conditions of serviceshall be regulated by rules made underthis Act. (2) The State Governmentshall have the powerto prescribe for the officers absorbed in the Anchalcadre posts under sub-section (1) conditions similar to clauses (a) to (d) of sub-section (1) of section 103, 84 Except as otherwise provided in section 83 recruitment to the Anchal cadre shall be by directrecruitmentafter consultation with the State Public Service Commission in the prescribed manner. 85. (1) The State Government shall constitute an Anchal Service Board and it shall consist of— (a) the Secretary to Governmentin chargo of the Anchal Sasan Department and shall be the Chairman, ex-officio of the Board ; (®) a Chairman of an Anchal Sabha elected in the prescribed manner, Member ; and (c) a non-official Member to be nominated by the State Government. (2) The term of office of a Member underclauses (b) and (c) of sub-section (1) shall be as prescribed. (3) The proceedings of the Anchal Service Boardshall not be questioned by reason of any casual vacancyin the membership, (4) Until the Anchal Service Board is constitutedthe State Government shall function as the Board, 86. The Anchal Service Board shall be 2 body corporate by the name of the Board and shall haveperpetual succession and a common seal with powerto acquire and hold properties both movable and immovable and subject to the control of the StateGovernment, may transfer any property held by itand contract and do all other things necessary forthe purpose of carrying out the provisions of thisAot and maysue and besuedin its corporate name, 87 (1) The Anchal Service Board shali— (a) subject to the provisions of sections 83 and84 make appointments and promotions to any postsin the Anchal cadre in any Anchal and make transfers from one such post to another ; and qt (b) control and manage the Centralized Pension Fund or the Contributory Provident Fund. (2) The Anchal Service Board may, with the previous sanction of the State Government, make regulations consistent with the provisions of this Act and rules made thereunder for regulating its procedure and the disposal of its business and such regulation shall be published in the Gazette. ‘Tochnical 88, The State Government may nominate Aavisers one or more Officers of the different departments of Government as technical advisers to an Anchel Sasan whose duty it shali be to inspect from time to time the concerned offices of the Anchal and advise the Anchal Sasan about the better management of its affairs and for this purpose such technical advisers shall have access to all relevant records in the offices of the Anchal. Fixation of 89. The State Government may prescribe the strength end yarious classes and grades of posts other than the opneions posts mentioned in section 81 that may be created, the scales of pay and allowances relating to such posts and the number of persons that may be appuinted to the various classes and grades in each Anchal Sasan and no Anchal Sasan shall without the previous sanction of the State Government alter the classes and grades fixed or exceed the pay scales and allowances laid down for the various posts or the number of persons to be appointed under each class and grade of such posta. Qualigcation 90. The State Government may prescribe the qualifications for the various classes of posts and grades of posts in the Anchal Sasan of each particular class and except as otherwise provided in section 83 and section 103 no appointmentshall be made to a post of a person with qualifications less than. those prescribed. ‘Temporary 91, Notwithstanding anythin, contained in appointment sections 82, 87 and 89, the Anchal Sabha may in the case of an emergency make provision for tempo employment under the Anchal Sasan of an officer or servant for a period not exceeding six months. District 92, ‘There shall be a District Selection Board for Selection each district in the State of Orissa constituted in the : prescribed manner and it shall be the duty of each such Board to prepare in the prescribed manner a list of candidates in order of preference every year for -vecruitment to the Anchalservice other than Anchal Powers of reviain Pusishment 78 cadre service. Vacancies to such posts in any one ear in the said Anchal service in the Anchal. or Anchals comprised in the district shall be filled up only according to the list so prepared, in the same orderof preference as specified in such list : Provided that the State Government may direct that appointments to certain classes and grades of such services shall be made by the Executive Commit- tee of any Anchal directly. 93, The Anchal Service Board may, on the requisition of an Anchal Sabha revise or set aside a selection made by the District Selection Board for any breach of rules or mistake of fact, , 94, (1) Subject to the provisions of this Act and the rules made thereunder, the Anchal Executive Officer in the case of employees appoint-d to posts created under section 88, and the Anchal Service Board in the case of officers appointed to the posts created under section 81, may, for any breach -of departmental rules or discipline or for carelessness, incompétence, neglect of duties, continued bad records or misconduct, cen- sure, fine, withhold promotion, reduce, remove or dismiss such employees or officer and the Anchal Executive Officer or the Anchal Service Board, as the case may be, shail have powerto initiate disciplinary proceedings in this behalf against such employees or officers and suspend them pending enquiry : Provided that such order of suspension shall. not be declared or construed as a punishment : Provided further that’ when a resolution has been passed by the Anchal Sabha against any such Officer or employee it shall be the duty of the Anchal Service Board in the case of the Officer and of the Anchal Executive Officer 'in the case of the employee to start disciplinary proceedings against such officer or employee, as the case may be. (2) An appeal from the order of the Anchal Executive Officer or of the Anchal Service Board, as the case may be, shall lie to the Executive Comwittee and the State Government respectively. (3) (a) Ifthe Chairmen is of opinion that any disciplinary proceedings to be carried out by the Anchal Executive Officer is not being carried out expeditiously or that the enquiry is sufficiently important, he may direct such enquiry to be conduc. ted by the Executive Committeo and the Anchal 79 Executive Officer shall thereupon transfer the enquiry to the Executive Committee which shall exercise all the powers of the Anchal Executive Officer in the matter of disciplinary. proceedings in the particular case. (b) An appeal shall lie from the decision of the Executive Committee under this section to such authority and shall be disposed of in such manner aa may be presertbed. Resolation 95. (1) The Anchal Sabha may by a resolution disapproving at a mooting specially convened for the purpose byAnshel express the displeasure of the Anchal Sabha with Officer, v° regard to the manner of execution of any resolution by the Anchal Executive Officer or to the manner of execution of any work of Anchal Sasan by the said Anchal Executive Officer. (2) The Anchal Executive Officer shall forthwith forward a copy of the resolution to the Collector vho shall forward the same with his comments to the State Government who shall take such action as they deem fit and inform the Anchal Sabha of their decision in the matter : Provided that where such resolution alleges misconduct in the nature of— (a) indiscipline and insubordination in the nature of wilful disobedience or defiance of orders, (b) persistent negligence in the discharge of duties, (c) bribery and corruption or misappropriation of Anchalfunds, (d) misuse or abuse of powers for pereenal ends, or (e) participation in local politics and party- factions, : the State Government shall, without prejudice to any otter action’ that may be taken and pencing enquiry into such allegations, forthwith appoint a Deputy Collector to discharge the duties of the Anchal Executive. Officer and the Anchal Executive Officer shall thereupon pending further orders of the State Government cease to discharge the duties of bis office. Collector's 96, The Chairman of the Anchal Sabha may Pipervaion, complain to the Collecior in respect of any matter concerning the administration of the Anchal Saaan 80 and the Collector may,if he considers the complaint sufficiently serious, report after enquiry to the State Government and may use his powers of supervision to ensure that legitimate grievances do not exist. Reales for 97. The State Government may prescribe theenquiry. tanner in which the enquiry: shall be made by different authorities under sections 94, 95 and 96 and may notwithstanding anything contained in the said sections by rules specify the cases in which there shall be no appeal. Phe rules of 98. Therules of service for persons appointed towern™* posts created by an Anchal Sasan under section 89 shall provide— (a) that a certain class of officers and employees shall be transferable by the Collector from one Anchal to another in the district : Provided that the number of posts of that class or grade prescribed for the. Anchal is not thereby exceeded ; (b) that a person transferred to a post shall be subject to the same administrative and discipli- nary control and to the same privileges as to allowances, conditions, etc., as a person appointed directly to the posts ; {c) that the Anchal Sasan shail contribute at a prescribed rate towards the pension or gratuity of such service to the Centralized Ponsion or Provident Fund to be controlled by the. Anchal Service Board. Regulations 99. (1) The State Government may makeeeat, Tegulations in respect of persons appointed to posts created by Anchal Sasan under section 89 for— (a) fixing of amount and nature of security to be furnished ; (6) regulating the grant of acting allowances, travelling allowances, subsistence allowance and other allowancea ; (c) regulating the contributions that shall be compulsorily payable to the Provident Fund 3 (d) regulating the grant of extraordinarygratuity to any member of their family and distri-buting the charge against the several Anchals inwhich auch officer or employee may have workedduring the period of his service in Anchals ; 81 (e) regulating conduct ; (f) generally laying down conditions of services (2) Pending the framing of regulations under sub-section (1) the rules and regulations obtaining in respect of similar service under the State Govern- ment shall apply in respect of matters enumerated in clauses (a) to (f) of sub-section (1). Disqualifica- 100. (1) No person shall be eligible for employ- ont, Bont in any Anchal Sasan if he has directly or indirectly any share or interest in any work done by order of an Anchal Sasan or in any contract with or under an Anchal Sasan, either anywhere within the State in the case of appointments to the Anchal Cadre or within the district in the case of any other appointment or was discharged for misconduct or was dismissed from Government service or from the service of a Local authority or an Anchal Sasan. (2) If any employee of an Anchal Sasan acquires directly or indirectly any such share or interest as aforesaid he shall thereupon become disqualified to continue in office. 101. Every Member of an Anchal Sabha, the Chairman or Vice-Chairman of such Anchal Sabha, every employee of an Anchal Sasan, every contractor or agent appointed by the Anchal Sasan for the collec- tion of tax and every person employed by any such contractor or agent for the collection of such tax shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860. ran: of 102. (1) The State Government may, subject to the prior consultation with the Anchal Sasans, establish institutions or grant recognition to institutions established in any Anchal for training of different classes of employees that are or may be appointedin the said Anchal Sasans and may by notification fix the course of training for such employees. (2) Where a majority of Anchal Sasans agree to the establishment of an Institution for training of employees of Anchal Sasans the State Government may _ prescribe the — rate of contribution payable by them and such contribution shall be paid by all the Anchal Sasans. (3) Any Anchal Sasan may enter into an arrangement with the State Government for reservation of seats in any Government institution for 82 the training of its technical staff on such terms and conditions regarding the maintenance of the institution as may be agreed upon and the State Government may thereupon fix such number of seats for the nominees of the said Anchal Sasan as they may deem expedient for any one year. (4) The State Government may by notification require that every Anchal Sasan shall within a reasonable time depute such of its employees as have not undergone the prescribed course of training to undergo such training. (5) An Anchal Sasan may grant stipends as may be approved by the State Government to persons resident in the concerned Anchal for training in any institution established or recognised under the provisions of sub-section (1). eee 103. (1) Notwithstanding anything contained local, | in the foregoing provisions of this Chapter but subject authority, to the provisions of section 83, where by constitution ot. =~ of an Anchal Sasan or Anchal Sasans, any District Board, Local Board or an Anchal constituted under the Orissa Estates Abolition Act, 1951, is abolished Oriss whether in whole or in part, the State Government st may direct that duly qualified and suitable staff of such District Board, Local Board or Anchal shall be absorbed in Anchal service other than Anchal Cadre Service in the Anchal Sasan or Sasans so . constituted subject to such conditions as the State Government may prescribe in respect of the following matters :-— (a) the posts or classes and grades of posts of the Anchal Sasan azainst which the individuai officer or employee or classes and grades of employees shall be absorbed ; (b) credit for previous service under the defunct District Board, Local Board or Anchal in the matter of pension and gratuity and the contribution that shall be made from the District Board Fund or the Anchal Fund constituted under the Orissa Estates Abolition Act, 195i to the Centralised Pension orOrise Provident Fund applicable to the employees under“! the Anchal towards the pension or Provident Fund of the absorbed employee : Provided that if the employee was not entitled to any pension or gratuity under the District Board Fund or the Anchal Fund and no contribution has been assessed on the District Board Fund or the said oF ” Anaual estimetes of income and ex. penditure. 83 Anchal Fund the State Government may not give any credit for the previous service in the matter of pension or gratuity in the Anchal Sasan. (c) fixing of seniority as between the absorbed employees and the other employees of the Anchal Sasan at the time of absorption; and (d) credit if any, for leave earned during the service in the defunct District Board or Anchal and the contribution to be made from the District Board Fundor the said Anchal Fund tothe Anchal Fund towards the leave salary for such leave credited. (2) Notwithstanding anything in sub-section (1) in the case of permanent employees of such District Boards or Local Boards, it shall be the duty of the State Government to direct their absorption in suitable posts and the evnditions of service of such employees shal} not be less advantageous than what they were prior to such absorption. {3) Any employee of the State Government, who may be decided by them to be fit and desirable, may be absorbed in the Anch:] Service other than the Auchal Cadre Service and in such cases the foregoing provisionsof this section and the rules madethere- under, with such modifications and adaptations as the State Government may deem nevesrary or consequen- tial shall, co far as may be, apply and the employee so absorbed shall cease to be an employee of the State Government. CHAPTER VII Bupext 404 (1) Subject to the provisions of this Chapter the Anchal Sabha shall in respect of every year submit the Budget Estimates for that year duly passed at a meeting to the Collector on or before the 15th day of July of the last preceding year. (2) If the Anchal Sabhafails tc submit a. duly passed Budget by the date specified in sub-section (1), the Collector shall, subject to the contro! of the State Government, prepare and sanction the Budget Estimates himself and certify the same to the Anchal Sabha before the first day of September next and the Estimates go certified shall be the Budget Esti- mates of the Anchal Sabha for all purposes for the year. of the 84 105, (1) Ifin the opinion of the Collector, the Budget by Estimates for the year submitted under sub-sec- the Gollester.tion (1) of section 104 are not in accordance with the Appeal against tho order of tho Collector Revised: daet Retimates. provisions of section 108, the Collector shall, on or before the 31st day of August of the year last prece- ding the year to which the Budget relates, return the same to the Anchal Sabha and the Sabha shall resubmit the same to the Collector within 30 days from the said date with such alterations as may have been ordered by him. (2) If the Collector does not return the Esti- mates to the Sabha for making alterations if any by the aforesaid date, the Estimates submitted under sub-section (1) of section 104 shall be deemed to all intents and purposes to be the Budget Estimates for the year. (3) Ifthe Anchal Sabha fails to resubmit the estimates in pursuance of sub-section (1), the esti- mates submitted under sub-section (1) of section 104 shall, subject to the alterations, if any, ordered by the Collector, be deemed to all intents and purposes to be the Budget Estimates for the year. 106. The Anchal Sasan may prefer an appeal to the State Government against the order of the Collector under section 105 within such time and in such form and manner as may be prescribed and the State Government nay thereupon consider the same and pass such orders as they may deem fit and subject to the orders that may be passed by the State Government, the decision of the Collector under the said section shall continue to have full force and effect. 107, (1) The revised budget estimates of the Anchal Sasan shall be prepared by the Anchal Sabha and submitted to the Collector as often during the course of the year to which the budget relates, and in such form and manner as may be specified in the rules made by the State Government in that behalf and subject to the rules so made the foregonig provisions >f this Chapter shall, so far as may be, apply. (2) Save as otherwise expressly provided in this Act or the rules made thereunder, no expenditure in excess of the annual budget estimate shall be incur- red by-the Anchal Sasan unless such excess has been adequately provided for in a revised estimate in accordance with the provisions of sub-section (1). 85 * Particulars 108. (1) The budget estimates shall contain such incladed in particulars as may be prescribed. she budget. (2) In such estimates the Anchal Sabha shall among other things— (a) provide for the payments as they fall due of ali instalments of principal and interest for which the Anchal Sasan may be liable in respect of loans contracted by it ; (b) make adequate and suitable provisions for such services as may be required for the discharge of the several duties imposed by or under this Act ; | {c) provide for the minimum closing balance as provided in clause (a) of section 109; (@) make adequate provision: for meeting expenses charged to the Anchal Fund or compulsorily payable out of such Fund under the provisions of this Act and the rules made thereunder; (e) provide for the payment of suitable contri- 4 bution to the Education Fund ; (f) provide for the minimum expenditure on the items specified in clause (b) of section 109; and (g) make adequate provision for the expen- diture of any grant given by the State Government for any specific purposes, in this behalf. Minimum 109. The State Government may with reference. balanes, oe. to any Anchal Sasan prescribe— (a) the minimum closing balance to be main. tained by the Anchal Sasan ; (2) the minimum expenditure to be incurred by the Anchal Sasan on public works, medical, veterinary and public health; and (c) the statements, accounts and returns to be ) submitted by it to the State Government. adi 110. Any expenditure inourred by the Anchaldit ekeExecutive Officer in accordance with the provisions chased. of this Act and the rules made thereunder shall be charged on the Anchal Fund. . Raising of 111, It shall be lawful for an Anchal Sasan, Lome. subject to the provisions of any law relating to raising oj loan by Local authorities for the time being in force and with the prior approval of the State Government,to raise loans for the purpose of carrying 86 out any ofthe provisions of this Act and to guarantee tepaymentofprincipal and payment of interest on such loans and to form a sinking Fund. Andit ofodieof 142. (1) Accounts of the receipt and the expendi- | * ture of every Anct.al Sasan shall be made up to the last date of every financial year and shall be examined and ‘audited as soon as may be after the end of each financial year. (2) The provisions of the Orissa Local Fund Audit Act, 1948 shall apply in regard to the audit of QriseaAct the Funds under the control and management of the ¥ % 1% Anchal Sasan or any of the Committees constituted under this Act : Provided that the State Government may for sufficient reason condone any surcharge made under the Orissa Local Fund Audit Act, 1948, GrazeAct Publication 113, An abstract of every annual account of anof abstract Anchal Sasan showing the incomeof the Anchal Fund under each head of receipts, the charges for ostablish- ment, works undertaken, sums expended on each work and thebalance, if any, of the Fund Temaining unspent shail be prepared by the Anchal Sasan and published annuaily in the prescribed manner, CHAPTER VIII Lan Revenvn, Rents, Cussus anp Fans Formation 114, (1) Notwithstanding anything contained ineeeeminie ony law relating to land tenure for the time beingUnits in force all estates vested in the State Government,fentat""® under section 3 of the Orissa Estates Abolition Act,sbolished. 1951, may, from time to time in accordance with otto!directions issued by the State Government, be sub- ° divided or amalgamated with one another or with other areas for the purpose of constituting suitable Anchals under the provisions of section 4. (2) Save as otherwise expressly provided in thisChapter nothing in this section shall in any manner alter, prejudice or affect the tights, privileges and remedies acquired or accrued prior to the date of such subdivision or amalgamation. Right of 115, On the issue of a notificaion under section 4Sacha declaring an area to be an Anchal, the right tocollect rent collect and appropriate all land revenue, rentsand ceo “and ceases payable in relation to the lande within ro 87 . the Anchal to the State Government or to the Anchal Fund under the Orissa Estates Abolition — Act, 1951, or to any Local authority shall vest in PreeAse ; Jv : the Anchal Sasan. E«planation—Cess includes education cess, but. does not include cess under the Orissa Mining Areas Orissa Act Development Fund Act, 1952, XxVin Cofovtions 116. (1) Tho State Government may, from time“* credited to to time, by order direct that certain proportions of Sensolidated land revenue, rents and cesses collected or certain state, "* fixed contributions shall be credited to the Consoli- dated Fund of the State and the Grama Funds within the Anchal and the Anchal Sasan shall duly credit such proportions of the collections. or such fixed contributions as so directed : Provided that the proportion of such collections and the amount of such contributions and the date with effect from which the amount shall be so credited shall be determined in the prescribed manner, * (2) Any amount not duly credited in accordance with the aforesaid directions of the State Government shall be a first charge on the Anchal Fund and with- out prejudice to any other modeof recovery shall be realisable from the Anchal Sasan ad arrears of land revenue. Repealof 117. On and after the date of notification under SpepterTU section 4 declaring an area to bo an Anchal the Act 1981, provisions contained in Chapter III of the Orissa Estates Abolition Act, 1981 shall stand repealed in Orissa Act their application to any estate or part thereof as may” ° 1952 be included in the Anchal: | Provided that all actions taken, things done, notifications issued, orders passed, rights accrued andliabilities incurred shall be deemed to have been validly tiken, done, issued, accrued and incurred in exercise of the powers conferred and in discharge of | duties imposed by or under the provisions of this \ Act: | . Provided further that.on and after the said date the State Government shal] have power by notifiea-+ tion to direct that the whole or any part of the ° Anchal Fund of the Anchal Sagan constituted under| sub-section (1) of section 14 of the Orissa Estates oricsa Act Abolition Act, 1951, the area comprised within If 1952. which is affected by the formation of the Anchal : Power of Grama Sabha to collect rents oases. 88 under section 4 shall stand transferred to the Consolidated Fund of the State anything in any other law to the contrary notwithstanding. 118. (1) Notwithstanding anything in section 116,if atany time any Grama Sabha within an Anchal decides to ‘collect land revenue, rents and cesses in relation to any Grama Panchayat area, such decision shall be communicated to the State Government within the prescribed date and in the prescribed manner and thereupon the State Government shall, as soon as maybe, by notification published in the Gazette and in such other manner as may be ‘prescri- bed, declare that from andafter thefirst day of tho agricultural year next following it shall be the duty ofthe said Grama Sabha to collect such dues on behalf of the Anchal Sasan constituted for the said Anchal. ‘ (2) Such Grama Sabha shall collect such dues in accordatice with the provisions of this section and shall deposit the collections, as often during any agricultural year, and in such manner, as may be prescribed, in the Anchal Fund to the extent of the total demand for the agricultural year jess such remuneration for the Grama Sabha as may be pres- cribed subject to the minimum of 16 per cent of the total demandfor the year and the balance of such demand shall be collected by the Grama Sabha. and appropriated by it to the Grama Fund : Provided that if the total deposit in the Anchal Fund during the agricultural year falls short of the amount as aforesaid, such shortage shall be aid from out of the Grama Fund to the Anchal Fund by the last day of the said agricultural year. (3) Without prejudice to the provisions of sub- section (2) in case of any gross or persistent default on the patt oi the Grama Sabha in the discharge of its duties imposed under sub-section (1), the Collector, on his own motion or on the report of the Anchal Sasan in that behalf, may, after giving the Grama Sabha an opportunity to show cause,relieve the Grama Sabha of the said duties and issue such other order or orders as he may deem necessary and consequen- tial thereto and such order or orders of the Collector shall be published in the Gazette and from and after the first day of the agricultural year next following the date of such publication, the notifida- tion issued in pursuance of sub-section (1) shall stand eancelled, “ e a Cessation of Services. 89 (4) The arrears of land revenue, rents and ceases, if any, that may be due for collection by the date of the notification issued by the Collector under sub-section (3) shall be collected in accordance with the orders in that behalf issued by the Collector under the said sub-section and credited as. soon 48 may be to the Grama Fund. (8) The Grama Sabha which has been relieved of its duties of collection in pursuance of sub-section (3) may apply to the State Government in the prescribed manner to resume collection of the land revenue, rents and cesses and the State Government may, by notification, published in the Gazette and subject to the provisions of sub-section (2) and to such cond