Orissa act 007 of 1960 : Orissa (Panchayat Samiti) Act, 1959

Section 1. Short title, extent and commencement

Chapter-I - Preliminary

CHAPTER I

Preliminary

1. Short title, extent and commencement.- (1) This Act may be called the Orissa ²[Panchayat Samiti ³* * *] Act, 1959.

⁵[(2) It shall extend to the whole of the State of Orissa:

Provided that save as otherwise expressly contained in this Act nothing therein shall apply to any local area with a population of more than twenty thousand to which the provisions of the Orissa Municipal Act, 1950 (Orissa Act 23 of 1952 of 1924) or to any area to which the provisions of the Cantonments Act, 1924 have been or may hereafter be extended.]

(3) This section and sub-section (2) of section 2 shall come into force at once and the remaining provisions of this Act shall come into force¹ in any district on such date as the Government may by notification appoint.

(4) Any notification, order, or rule and any appointment to an office to be issued or made or any election to be held under this Act may be so issued, made or held after the date of passing of this Act and shall take effect on the date of the coming into force of the remaining provisions thereof in pursuance of a notification referred to in sub-section (3).

Section 2. Enactments repeated

2. Enactments repeated.- (1) With effect from the date appointed in the notification under sub-section (3) of section 1 in respect of any district the enactments specified in the Schedule so far as they are in force in the State of Orissa, shall as regards such districts be repealed to the extent mentioned in the third column of the said Schedule.

(2) The Orissa District Boards and Local Boards (Control and Management) Act, 1954 (Orissa Act V of 1954), shall, notwithstanding anything contained therein, continue to remain in force in any district till the date appointed in accordance with sub-section (3) of section 1 and on and from such date the provisions of the aforesaid Act shall stand repealed in respect of such district. On such, repeal, the provisions of section 5 of the Orissa General Clauses Act, 1937 (Orissa Act I of 1937), shall apply.

Section 3. Definitions

3. Definitions.- In this Act, unless the context otherwise requires,-

(a) ‘Block’ means the Block notified under section 15;

(b) "District Board;’ means, a District Board, Local Board, Union Board or Union Committee constituted for the local administration of the district or any part thereof under the Bihar and Orissa Local Self-Government Act, 1885 (Bengal Act 3 of 1885), the Madras Local Boards Act, 1920 (Madras Act 14 of 1920), the Madras Local. Boards Act, 1920, as applied to the district of Koraput or the Sambalpur Local Self-Government Act, 1939 (Orissa Act 6 of 1939);

(c) "Government" means the State Government of Orissa;

¹[(c-1) "Grama" means a Grama constituted under the Orissa Grama Panchayats Act, 1948 (Orissa Act 1 of 1948);]

(d) "Grama Panchayat" means the Grama Panchayat constituted under the Orissa Grama panchayats Act, 1948 (Orissa Act 15 of 1948);

²[(d-1) "Official" shall have reference to Government servants and the word "non-official" shall be construed accordingly;

(d-2) "Ordinary resident in any area" With all its grammatical variations and cognate expressions shall have reference to a person whose name finds place in the electoral Toll for the time being in force prepared under the Representation of the People Act, 1950 (43 of 1950) in so far as the roll relates to such area;]

(e) "Panchayat Samiti" hereinafter referred to as the "Samiti" means the Panchayat Samiti constituted under section 16;

³[(e-1) "Population" means population as ascertained in the last preceding census of which the relevant figures, have been published;]

(f) "Prescribed" means prescribed by rules made under this Act;

(g) "Year" means the financial year;

⁴(h) [* * *]

Section 4. [Omitted]

4. [Omitted].- ¹[* * *]

Section 5. [Omitted]

5. [Omitted].- ¹[* * *]

Section 6. [Omitted]

6. [Omitted].- ¹[* * *]

Section 7. [Omitted]

7. [Omitted].- ¹[* * *]

Section 8. [Omitted]

8. [Omitted].- ¹[* * *]

Section 9. [Omitted]

9. [Omitted].- ¹[* * *]

Section 10. [Omitted]

10. [Omitted].- ¹[* * *]

Section 11. [Omitted]

11. [Omitted].- ¹[* * *]

Section 12. [Omitted]

12. [Omitted].- ¹[* * *]

Section 13. [Omitted]

13. [Omitted].- ¹[* * *]

Section 14. [Omitted]

14. [Omitted].- ¹[* * *]

Section 15. Constitution of Blocks

Chapter-III - Constitution of Panchayat Samitis and their Functions

CHAPTER III

Constitution of Panchayat Samitis and their Functions

15. Constitution of Blocks.- ¹[(1)]. The Government shall, by notification, divide each district into such number of local areas as they deem fit Each such area shall be known as a Block and be given such name as may be specified in the said notification.

²[(2) Government may from time to time by notification re-delimit any local area referred to in sub-section (1) by-

(i) excluding from, such local area any Grama; or

(ii) including in such local area any Grama contiguous thereto, and may alter the name given to such local area.

(3) On the issue of a notification, under, sub-section (2) the duties and responsibilities for the execution of development works and all assets and liabilities in respect of such works within the Grama shall, subject to the rules, if any, made in that behalf, be adjusted and apportioned as between the concerned Samitis in such manner as ³[the Collector] may direct and in the case of any dispute the decision of Government thereon shall be final:

Provided that Government may while issuing a notification under sub-section (2), make such temporary orders or give such temporary directions as they consider necessary for the aforesaid purpose.

(4) Upon the transfer of a Grama from one Block to another in pursuance of a notification under sub-section (2) the members of the Samiti ordinarily residing in such Grama shall, with effect from the date of the notification, cease to be members of the Samiti in which the Grama was represented and without prejudice to the provisions of sub-section (3) of section 16, become members of the Samiti of the Block to which the Grama is transferred.’]

Section 15-A. Appointment of Block Development Office

¹[15-A. Appointment of Block Development Office.- For every Block constituted under section 15 there shall be a Block Development Officer to be appointed by Government:

Provided that Government may nominate a member or employee of any non-official organisation engaged within the Block in development work, with the consent of such organisation and the Samiti constituted in respect of the Block, to exercise the powers, discharge the duties and perform the functions of the Block Development Officer and may in like manner modify or cancel such nomination.

Explanation-The person so nominated shall be deemed to be the Block Development Officer and an official member of the Samiti for all purposes of this Act.]

Section 16. Constitution of the Panchayat Samiti

16. Constitution of the Panchayat Samiti.- (1) Every Block shall have a Samiti consisting of the following members, namely:-

²[(a) the Chairman of the Samiti elected in accordance with the provisions of clause (a) of sub-section (3);]

(b) the Block Development Officer of the Block to be appointed by the Government;

³[(c) one or more of the employees of Government to be nominated by designation by Government from each of the departments dealing with Education, Revenue, Agriculture, Co-operative, Veterinary, Grama Panchayat, Forest, Medical, Health, Works, Welfare and such other departments as may be notified by Government:

Provided that Government may in addition to or in lieu of any of the aforesaid employees nominate by designation any of the employees of any no nonotificial organisation engaged in development work within the Block and persons so nominated shall be deemed to be official members for the purposes of this Act;]

⁴(d) [* * *]

(e) Sarpanches of the Grama Panchayats situated within the Block:

¹[Provided that a Sarpanch suspended from office under the provisions of the Orissa Grama Panchayats Act, 1964, shall cease to be a member of the Samiti during the period of his suspension and the Naib-Sarpanch or, in his absence, the person elected or nominated under section 21 of the said Act to exercise the powers and perform the functions of the Sarpanch shall be deemed to be a member of the Samiti in place of the Sarpanch so suspended.]

²(f) Chairman of the Municipalities with a population not exceeding twenty thousand situated within the Block; and

(g) Chairman of each of the Notified ??? Council with a population not exceeding twenty thousand situated within the Block, provided that where the Chairman is not an elected member of such Council a non-official member of the Council to be nominated by Government.]

³[(2) If the members of a Samiti specified in sub-section (1) and having the right to vote do not include a woman or a person belonging to the Scheduled Castes or Scheduled Tribes, such members shall, at a meeting specially convened for the purpose by the Collector, elect in the prescribed manner the requisite number of persons as may be necessary for filling up the efficiency:

Provided that the absence of a member of the Scheduled Castes or a member of the Scheduled Tribes shall not be deemed, to be a deficiency, if the population of such Castes or Tribes, as the case may be, is less than five-per centum of the total population on the basis of the latest census figures of the Block.

Explanation-The expressions "Scheduled Castes" and "Scheduled Tribes" shall have the same meaning as assigned to them in the Constitution of India.

(3)(a) The members of all the Grama Panchayats within the jurisdiction of the Samiti shall, in the prescribed manner, elect the Chairman of the Samiti from among persons who are elected as or are eligible to be elected as members of any such Grama Panchayat:

¹[* * *]

²[* * *]

(b) The members specified in clause (e) of sub-section (1) and the members, if any, elected under sub-section (2) shall, at a meeting convened by the Collector in that behalf, elect a Vice-Chairman from among themselves in the prescribed manner;

Provided that no election under this clause shall take place prior to holding of election, if arty, required under sub-section (2).

(c) Any person holding office as the Chairman of a Samiti shall, if he happens to be a member of a Grama Panchayat, cease to be such member and so long as he continues to be such Chairman, shall not be eligible to be such member.

(4) The term of office of the member, if any, elected under sub-section (2) shall be ³[five years].

(5) The meetings referred to in sub-section (2) and clause (b) of sub-section (3) shall be presided over by the Collector or any other Gazetted Officer authorised by him in this behalf.

(6) The Collector shall cause the names of the non-official members of the Samiti to be published in the prescribed manner and the members shall be deemed to have held office, with effect from the, date of such publication]

Section 17. Incorporation of Samitis

17. Incorporation of Samitis.- Every Samiti shall by the name of the Block for which it is constituted be a body corporate and shall have perpetual succession and a common seal and subject to any restriction and qualification imposed by or under this or any other enactment shall have power to acquire and hold property both movable and immovable and subject to any rules prescribed, to transfer any such property held by it, to enter into contracts and to do all other things necessary, proper or expedient for the purposes of this Act may, sue and be sued in its corporate name.

Section 18. Conduct of business of the Samiti

18. Conduct of business of the Samiti.- (1) The meetings of the Samiti ¹[and the Standing Committees thereof] shall be held and conducted in the prescribed manner.

²[(2) A member of the State Legislature, ³[* * *] shall be entitled to notice of and shall have a right to take part in the proceedings at every meeting of the Samiti of the Block any portion of which forms part of the constituency which such member represents, but shall not have a right to vote at any such meeting:]

⁴[Provided that when the member of the State Legislature becomes a Minister, Minister of State, Deputy Minister, Speaker, Deputy Speaker, Government Chief Whip, Deputy Government Chief Whip or Leader of Opposition, such member may nominate any person to represent him in the aforesaid proceedings.]

⁵[(3) The official members of a Samiti and the non-official members thereof specified in clauses (f) and (g) of sub-section (1) of section 16 shall not have a right to vote at a meeting of the Samiti, but shall have a right to take part in the proceedings at such meeting.]

⁶[(4) The ⁷[Revenue Divisional Commissioner, Collector and Sub-divisional Officer having jurisdiction and such other officer as the Government may direct] shall have the right to speak and otherwise take part in the proceedings at a meeting of any Panchayat Samiti or any Standing Committee thereof functioning within the local limits of his jurisdiction but shall not be entitled to vote at any such meeting.]

Section 19. Chairman of the Samiti to be the executive authority

⁸[19. Chairman of the Samiti to be the executive authority.- (1) The executive authority of the Samiti shall vest in the Chairman and it shall be his duty to have the resolution of the Samiti implemented through the Executive Officer of the Samiti.

(2) The Block Development Officer shall be the Executive Officer of the Samiti and subject to such rules as may be prescribed in this behalf, shall function under the control of the Chairman of the Samiti.

(3) The Executive Officer of the Samiti shall exercise such other powers and perform such other functions as may be prescribed.]

Section 20. Powers and functions of Samiti

¹[20. Powers and functions of Samiti.- (1) A Samiti shall, subject to such terms and conditions as Government may, from time to time by order specify, exercise the powers and perform the functions hereinafter provided-

(a) planning, execution and supervision of development programmes, schemes and works in the Block relating to Community Development including those pertaining to "Tribal Development Blocks" for the time being recognised by Government as such and of such other programmes, schemes and works as Government, may, from time to time by general or special order, direct in respect of any Samiti;

(b) management, control and spread of primary education in the Block;

(c) management of such trusts and endowments and other institutions as may be entrusted to them under any law for the time-being in force or under orders of Government;

(d) supervision of enforcement of laws relating to vaccination and registration of births and deaths;

(e) borrowing of money and granting of loans subject to such terms and conditions as may be prescribed for carrying out the purposes of this Act with the previous approval of Government;

(f) supervisory powers over the Grama Panchayats within the Block to be exercised in such manner and to such extent as may be prescribed; and

(g) such other functions as may be assigned to it by the Government from time to time:

²[Provided that the powers and functions of the Samiti in relation to primary education as specified in clause (b) shall not include the powers and functions in respect of appointment, removal and transfer of and in respect of sanction of leave to the teachers and other members of the staff engaged in primary education.]

(2) The Chairman and every other non-official member of a Samiti shall, subject to such restrictions as may be prescribed, have power to supervise all works undertaken by the Samiti and all institutions under the control of the Samiti.

(3) The Samiti may entrust the execution of any work in any Municipal area or Notified Area within the Block to the concerned Municipality or Notified Area Council and may exercise such control and supervision over such Municipality or Council as may be necessary for the proper execution thereof.

(4) For the efficient discharge of its functions the Samiti shall constitute Standing Committees whose numbers, composition, powers and functions shall be as may be prescribed:

Provided that the Samiti shall have power to co-opt such number of persons from outside as may be specified in rules made in that behalf.]

Section 20-A. Powers and functions of the Chairman and Vice-Chairman of Samiti

¹[20-A. Powers and functions of the Chairman and Vice-Chairman of Samiti.- (1) The Chairman of the Samiti shall-

(a) convene and conduct the meetings of the Samiti; and

(b) have power to inspect and supervise all works undertaken by the Samiti.

(2) The Vice-Chairman of the Samiti shall exercise such powers and perform such functions of the Chairman as the Chairman may, from time to time delegate to him in writing and the Chairman may in like maimer withdraw all or any of the powers and functions so delegated.

(3) When the office of the Chairman is vacant the Vice-Chairman of the Samiti shall, for all the purposes of this Act exercise the powers and perform the functions of the Chairman until a new Chairman is elected.

(4) The Chairman and in his absence the Vice-Chairman shall preside over the meetings, of the Samiti and in the absence of both at the meeting any other non-official member of the Samiti present may be elected to preside over the meeting.

(5) When the office of the Chairman is vacant or the Chairman has been continuously absent from the Block for more than fifteen days or is incapacitated for more than fifteen days and there is either a vacancy in the office of the Vice-Chairman or the Vice-Chairman has been continuously absent from the Block for more than fifteen days or is incapacitated for more than-fifteen days, the powers and functions of the Chairman shall devolve on a member of the Samiti from out of a panel of three such members in order of priority nominated by the Chairman in that behalf who shall be the officiating Chairman and shall exercise the powers and perform the functions of the Chairman, subject to such restrictions and conditions as may be prescribed, until a Chairman or Vice-Chairman assumed office on being duly elected or, as the case may be, taken charge of his office.]

Section 21. Execution of work by two or more Samiti jointly

21. Execution of work by two or more Samiti jointly.- (1) Whenever it appears that it will be for the common good for two or more Samitis undertaking any work jointly the said Samitis may, at the instance of the ¹[Government] or of their own accord subject to the previous sanction of the Government, execute such work jointly.

(2) When any such work is taken up jointly the concerned Samitis shall, with the approval of the ²[Collector] select one person from amongst their executive authorities, who shall be kept in charge of the execution of the work.

(3) The ²[Collector] shall, for the purpose of such execution, determine the amount which shall be contributed by each of the concerned Samitis.

Section 22. [Omitted]

³22. [Omitted].- (1) [* * *]

Section 23. [Omitted]

⁴23. [Omitted].- [* * *]

Section 24. Budget of the Samiti

24. Budget of the Samiti.- (1) The executive authority of the Samiti, shall in each year prepare and place before the Samiti on or before the prescribed date a budget estimate for the following year containing such particulars as may be prescribed and the Samiti shall sanction the budget with such modifications, if any, as it thinks fit.

(2) The budget of the Samiti shall, after being so sanctioned, be submitted on or before the prescribed date, to the ¹[Collector] ²[* * *] The ¹[Collector] shall, if ³[he] is satisfied that-adequate provisions have not been made therein for the performance of any necessary service coming within the functions of the Samiti, have power to modify the budget in such manner as may be necessary to secure such provisions, and such modification, if any, shall be made within the prescribed period failing which the budget of the Samiti shall become final.

(3) If in the course of a year, a Samiti, finds it necessary to alter the figures shown in the budget with regard to its receipts or to the distribution of the amounts to be expended on the different services undertaken by it, a supplementary or revised budget may be framed, sanctioned, submitted and modified in the manner provided in sub-sections (1) and (2).

Section 25. Appointment and conditions of service of the employees of the Samiti

25. Appointment and conditions of service of the employees of the Samiti.- (1) The Samiti, ⁴[* * *] with the approval of the Government, shall determine the number and grade of the employees to be appointed to the services of the Samiti.

(2) The Government may at any time create such posts for the Samiti as they may consider necessary for carrying out the purposes of this Act.

(3) The manner of recruitment and the authority to appoint the employees of the Samitis, their qualifications and conditions of service shall be as may be prescribed.

Section 25-A. Limitation of Jurisdiction over Municipalities

¹[25-A. Limitation of Jurisdiction over Municipalities.- Save as otherwise expressly provided in thus Act the power, control or authority of the ²[* * *] Samiti shall not extend over any Notified Area Council or Municipal Council notwithstanding the fact that any such Council is within the Block.]

Section 26. [Omitted]

Chapter-IV - Panchayat Samiti Fund

CHAPTER IV

Panchayat Samiti Fund

26. [Omitted].- ³[* * *]

Section 27. [Omitted]

27. [Omitted].- ⁴[* * *]

Section 28. Panchayat Samiti Fund

28. Panchayat Samiti Fund.- (1) All moneys received by a Samiti shall constitute a fund called the "Panchayat Samiti Fund". The Fund shall vest in the Samiti and shall be applied for the purposes specified in this Act and for such other purposes and in such manner as may be prescribed.

⁵[(2) The Block Development Officer shall, subject to the control of the Government, remain in charge of the Panchayat Samiti Fund and shall subject to such rules as may be prescribed administer the same in accordance with the decision of the Samiti.

(3) All moneys received by the Samiti shall be lodged in the nearest Government Treasury or with the sanction of the Government in any Bank approved by them.]

Section 29. Income and expenditure of the Samiti

29. Income and expenditure of the Samiti.- (1) The sources of income of a Panchayat Samiti shall consist of-

(i) funds relating to institutions and schemes transferred by the Government or Heads of Departments of the Government to the Panchayat Samiti;

(ii) funds relating to the Community Development programme;

(iii) Central and State aid and aid received from the All-India Bodies and Institutions for the development of cottage and village industries, khadi, silk, coir handicrafts and the like;

(iv) donations and contributions received by the Samiti from Panchayats, or from the public in any form;

(v) such share of the land revenue, State taxes or fees as may be prescribed;

(vi) proceeds from taxes, surcharges or fees which the Samiti is empowered to levy under this Act or any other law;

(vii) such contributions as the Samiti may levy from Grama Panchayats; ¹*

(viii) income from endowments, trusts or other institutions administered by the Samiti ²[and]

³[(ix) grants from any authorities, organisations or statutory bodies].

(2) The expenses of the Samiti shall include the salaries and allowances of its employees, the travelling expenses incurred by the members of the Samiti for attending the meetings of the Samiti any item of the expenditure directed by the Government for carrying out the purposes of this Act and such other expenses as may be necessary for such purposes.

(3) All amounts levied and realised on account of fees by the Samiti shall be separately accounted for and utilised solely for the purposes for which such fees had been respectively levied.

Section 30. Accounts of the samiti

30. Accounts of the samiti.- The accounts of ¹[* * *] the Samiti shall be maintained and published in the prescribed manner.

Section 31. Audit of Parishad and Samiti Funds

²[31. Audit of Parishad and Samiti Funds.- (1) The provisions of the Orissa Local Fund Audit Act, 1948 (Orissa Act 5 of 1948) shall apply in regard to the audit of the ³[* * *] Panchayat Samiti Funds.

(2) Notwithstanding anything contained in the aforesaid Act, for the purposes thereof, the Government may, by notification, appoint an officer of Government to be the Examiner of Local Accounts and such number of Deputy or Assistant Examiners of Local Accounts as they may consider necessary to exercise such powers and discharge such functions of the Examiner as may be assigned to them by Government. The Examiner so appointed may, with the approval of the Government, appoint such number of auditors as he may deem necessary.]

Section 32. Fund and property of a district Board to vest in Government

Chapter-V - Property

CHAPTER V

Property

32. Fund and property of a district Board to vest in Government.- (1) On the coming into force of this Act in any district all properties and institutions within the district that remained with the District Board and the fund belonging to such Board shall vest in and belong to, and the liabilities of such Board shall be taken over, by the Government. All such ??? and institutions shall be under the direction, management and control of the Government:

Provided that all such properties and institutions of a District Board which have been transferred either wholly or only for management to any Department of Government before the date of commencement of this Act shall be deemed to have been duly transferred under the provisions of this Act and to have wholly vested in the Government.

(2) It shall be lawful for the Government from time to time to direct that any property or institution belonging to or under their control and subject to such exceptions and conditions as the. Government may make or impose, be placed under the control and management of the ¹[* * *] Samiti within whose ²[jurisdiction] such property or institution is situated.

³[(3) The ⁴[* * *] Samiti may, with the previous approval of the Government and subject to such terms and conditions as the Government may impose, place any property belonging to or under the control of such ⁵[* * *] Samiti, under the control and management ⁶[of any Grama Panchayat) having jurisdiction.]

Section 33. Recovery of sums due at commencement of Act

33. Recovery of sums due at commencement of Act.- (1) All sums due to the District Board on account of rates, taxes, fees and other levies imposed by it including the arrears thereof and all other sums otherwise due to the Board on the date of repeal of the enactments specified in the Schedule may be recovered by the Government as though such sums were dues of Government.

(2) The dues specified above shall, without prejudice to any other mode of recovery, be recoverable as arrears of land revenue.

Section 34. Inspecting and superintending officers of Samiti

Chapter-VI - Control

CHAPTER VI

Control

¹[34. Inspecting and superintending officers of Samiti.- It shall be the duty of the Government or such officers or authorities as they may authorise to see that the proceedings of the Samitis are in conformity with the provisions of this Act and the rules made thereunder and that the implementation of the decisions taken therein and all actions taken by the Samitis for carrying out the provisions of this Act and the rules made thereunder are free from fraud, misappropriation, embezzlement and other criminal bearings.]

Section 35. Power of entry of inspecting officers

35. Power of entry of inspecting officers.- The Collector of the district or any officer or person whom the Government may empower in this behalf may at all times enter on and inspect or cause to be entered on and inspected-

(a) any immovable property, or any work in progress, under the control of any ²[* * *] Samiti;

(b) any school, hospital, dispensary, vaccination station, choultry, dharmasalas or other institutions maintained by, or under the control of, any ²[* * *] Samiti and any records, registers or other documents kept in such institution; and

(c) the office of any ²[* * *] Samiti and any records, registers or other documents kept therein.

Section 36. Access of inspecting officers to * Samiti Property

36. Access of inspecting officers to * Samiti Property.- Subject to such rules as may be made in that behalf ³[the Samiti] and its Chairman and employees shall at all reasonable times be bound to afford to the officers and persons referred to in sections 34 and 35 such access to the property or premises of the ¹[* * *] Samiti and to all documents as may in the opinion of such officers or persons be necessary to enable them to discharge their duties under the said sections.

Section 37. Power to call for report from *Samiti

37. Power to call for report from *Samiti.- The Collector of the district or any officer or person whom the Government may empower in this behalf may-

(a) call for any record, register, or other document in the possession or under the control of any ¹[* * *] Samiti;

(b) require any ¹[* * *] Samiti ²[or its Chairman] to furnish any return, plan estimate, statement, account or statistics;

(c) require any ¹[* * *] Samiti ²[or its Chairman] to furnish any information or report on any matter connected with such ¹[* * *] Samiti; and

(d) record in writing for the consideration of any ¹[* * *] Samiti ²[or its Chairman] any observations the Collector or such Officer may think proper in regard to its proceedings or duties.

Section 38. Power to suspend or cancel resolution under the Act

³[38. Power to suspend or cancel resolution under the Act.- (1) The Government may, by order in writing, cancel any resolution or order passed by a ⁴[* * *], Samiti or by any of the authorities ⁵[of such Samiti], if in their opinion such resolution or order-

(a) is not legally passed; or

(b) is in excess or abuse of the powers conferred by or under this Act; or

(c) on its execution is likely to cause dangers to human life, health or safety or is likely to lead to a not or affray:

⁶[Provided that nothing in this sub-section shall apply to a resolution passed under section 46-B]

(2) The Government shall, before taking action under sub-section (1) give the ¹[Samiti] an opportunity for explanation.

²[(3) If in the opinion of the Collector immediate action is necessary to suspend any such resolution or order on any of the aforesaid grounds, he may, by order in writing, suspend the operation of the resolution or order and refer the matter to Government whose decision thereon shall be final:]

Provided that where ³[the Collector] makes an order on any of the grounds referred to in clauses (a) and (b) of sub-section (1), he shall also record his reasons therefor in the said order.]

Section 39. Extraordinary powers of Collector of the district

39. Extraordinary powers of Collector of the district.- (1) In cases of emergency the Collector of the district may subject to the approval of the Government direct, or provide for the execution of any work, or the doing of any act which a Samiti or its Chairman is empowered to execute or do, and the immediate execution or doing of which is in his opinion necessary for the implementation of developmental plans or safety of the public and may direct that the expense of executing such work or doing such act shall be paid out of the fund of the Samiti.

(2) If the expense is not so paid he may make an order directing the person having the custody of the Fund to pay it in priority to any other charge against such Fund. Such person shall, so far as the funds to the credit of the Samiti admit, be bound to comply with such order.

Section 40. Government's power to take action in default of a* Samiti or its Chairman

40. Government's power to take action in default of a* Samiti or its Chairman.- (1) If at any time it appears to the Government that a ⁴[* * *] Samiti or its Chairman has made default in performing any duty imposed by or under this Act or any other law for the time being in force they may, by order in writing, fix a period for the performance of such duty.

(2) If such duty is not performed within the period so fixed, the Government may appoint some person to perform it, and may direct that the expense of performing it shall be paid from the fund within such time as they may fix, to such person by the ¹[²* * * Panchayat Samiti) Act, 1959* Samiti ³* * *].

(3) If expenses which the Government have directed under sub-section (2), to be paid from the Fund are not so paid the Collector of the district with the previous sanction of the Government, may make an order directing the person having the custody of the Fund to pay it in priority to any other charge against such Fund.

(4) Such person shall so far as the Fund to the credit of the ¹[²[* * *] Samiti ³* * *] admit, be bound to comply with such order.

Section 40-A. Removal of Chairman and Vice-Chairman of Samiti

⁴[40-A. Removal of Chairman and Vice-Chairman of Samiti.- (1) If in the opinion of the Government the Chairman or Vice-Chairman of the ²[* * *] Samiti wilfully omits or refuses to carry out or violates the provisions of this Act or any rules, by-laws or orders, made or issued thereunder or abuses the powers vested in him and Government are satisfied that further continuance of such person in office would be detrimental to the interest of the ¹[* * *] Samiti they may, by order, published in the prescribed manner, remove such Chairman or Vice-Chairman from office:

Provided that no such order for removal shall be made without giving the person concerned a reasonable opportunity of being heard.

(2) No person removed from the office of Chairman or Vice-Chairman under this section shall for a period of four years from the date of the removal, be eligible to hold any of the said offices.]

Section 40-B. Revival of removal proceedings'

²[40-B. Revival of removal proceedings'.- (1) Where any proceeding which was initiated under section 40-A against any person holding office as Chairman or Vice-Chairman of a Panchayat Samiti could not be finalised due to the vacation of the office by the Chairman or Vice-Chairman, as the case may he, by resignation or otherwise and the said person is found to be holding office as Chairman or Vice-Chairman of that Panchayat Samiti during the term in which he so vacated or during the succeeding term, the State Government may direct revival of the said proceedings, whereupon the said proceedings shall be proceeded with from the stage it had reached by the date of vacation of the office by the Chairman or the Vice-Chairman, as the case may be, and disposed of in accordance with the provisions of the said section:

Provided that the Chairman or Vice-Chairman as the case may be, against whom a proceeding is revived shall not be liable to be suspended from his office as such.

(2) No person removed from the office of Chairman or Vice-Chairman, as a result of the proceedings so revived shall, for a period of four years from the date of the removal, be eligible to hold any of the said offices.]

Section 41. Dissolution and reconstitution of Samitis

41. Dissolution and reconstitution of Samitis.- (1) If in the opinion of the Government a ¹[²[* * *] Samiti] is not competent to perform or persistently makes default in performing the duties imposed on it by law or exceeds or abuses its powers they may, by notification published in the prescribed manner, direct that the ¹[²[* * *] Samiti] be dissolved and immediately reconstituted. The notification shall specify the time within which the ¹[²[* * *] Samiti] shall be reconstituted:

Provided that for the purpose of completing the elections to a ¹[²[* * *] Samiti] which has been dissolved, the Government may from time to time, extend the time fixed by them under this sub-section for its reconstitution.

(2) Before publishing a notification under sub-section (1) the Government shall communicate to the ¹[²[* * *] Samiti] the grounds on which they propose to do so, fix a reasonable period for the ¹[²[* * *] Samiti] to show cause against the proposal and consider the explanations and objections, if any, of such ¹[²[* * *] Samiti].

(3) Upon the publication of such a notification all the members of the ¹[²[* * *] Samiti] including its Chairman shall forthwith be deemed to have vacated their offices as such and fresh elections shall be held in the prescribed manner.

(4) ³[* * *]

(5) During any interval between the, dissolution and the reconstitution of a ¹[²[* * *] Samiti] directed under sub-section (1), all or any of the powers and duties of the ¹[²[* * *] Samiti] and its Chairman may be exercised and discharged as far as may be and ¹[to] such extent as the Government may determine by such person or persons as they may appoint in that behalf.

(6) For all or any of the reasons specified, in sub-section (1) the Government may, by notification published in the prescribed manner instead of dissolving a ²[³[* * *] Samiti] and reconstituting it, supersede it for any period which they may deem fit. Thereupon the relevent provisions of section 42 shall, mutatis mutandis apply.

Section 42. Supersession of Samiti

42. Supersession of Samiti.- (1) If after the fresh election held under the last preceding section, the ⁴[⁵[* * *] Samiti] continues to be incompetent to perform or abuse its powers, for all or any of the reasons specified in sub-section (1) of section 41 the Government may, by notification published in the prescribed manner, supersede it for a specified period.

(2) Before publishing a notification under sub-section (1), the Government shall follow the procedure laid down in sub-section (2) of section 41.

(3) The supersession of a ⁴[⁵[* * *] Samiti] shall, if no other date and time are fixed in the said notification, take effect from the date of publication thereof and thereupon all the members of the ²[³[* * *] Samiti) including its Chairman shall forthwith be deemed to have vacated their offices.

(4) On or before the expiry of the period of the supersession notified under sub-section (1) the Government may, by notification published in the prescribed manner and for reasons to be stated therein postpone the reconstitution-of the ⁴[⁵[* * *] Samiti] for such further period as they may deem fit.

(5) The provisions of sub-section (5) of section 41 shall apply so far as may be in regard to the exercise and discharge during the period of supersession of a ¹[²[* * *] Samiti] under sub-section (1) or (4) of all or any of the powers and duties of the ¹[²[* * *] Samiti] and its Chairman.

(6) The Government may reconstitute the ¹[* * * ²Samiti] before the expiry of the period notified under sub-Section (1) or (4).

(7) ³[* * *]

Section 43. Devolution of assets and liabilities of dissolved or superseded Samiti

43. Devolution of assets and liabilities of dissolved or superseded Samiti.- When a ¹[²* * * Samiti] is dissolved under section 41 or superseded under section 42 the Government until the date of the reconstitution thereof and the reconstituted ¹[²* * * Samiti] thereafter shall be entitled to all the assets and be subject to all the liabilities of the ¹[* * * ²Samiti] as on the date of dissolution or supersession and on the date of reconstitution respectively.

Section 44. Powers of officers acting for or in default of Samiti

44. Powers of officers acting for or in default of Samiti.- When the Collector of the district or person appointed by the Government lawfully takes action on behalf, or in default, of a ¹[²* * * Samiti] under this Act, he shall have all such powers as are necessary for the purpose, and shall be entitled to the same protection under this Act, as the ¹[²[* * *] Samiti] or its employees whose powers he is exercising and compensation shall be recoverable from the fund of the ¹[²[* * *] Samitil by any person suffering damage from the exercise of such powers to the same extent as if the action had been taken by such ¹[²[* * *] Samiti] or its employees.

Section 44-A. Election petitions

Chapter-VI-A - Election Disputes

¹[CHAPTER VI-A]

Election Disputes.

44-A. Election petitions.- No election, of a person as a member of a Samiti ²[* * *] held under this Act shall be called in question except by an election petition presented in accordance with the provisions of this Chapter.

Section 44-B. Presentation of petitions

44-B. Presentation of petitions.- (1) The petition shall be presented on one or more of the grounds specified in section 44-L before the Election Commissioner as specified in sub-section (2) together with a deposit of ³[two hundred rupees] as security for costs within fifteen days after the day ctn which the result of the election was announced:

Provided that if the office of the Election Commissioner is closed on the last day of the period of limitation as aforesaid the petition, may be presented on the next day on which such office is open:

Provided further that if the petitioner satisfies the Election Commissioner that sufficient cause existed for the failure to present the petition within the period aforesaid the Election Commissioner may in is discretion condone such failure:

Provided also that in cases where the result of the election was announced prior to the 26th day of January 1961, the aforeasid period of limitation shall be computed from the said date.

⁴[(2) The ⁵Subordinate Judge] having jurisdiction over the place at which the office of the Samiti is situated shall be the Election Commissioner.]

⁶[(3) An election petition presented before a [Subordinate Judge] may either suo motu or on application, be transferred by the District Judge to any other ⁵[Subordinate Judge] subordinate to him.]

(4) The authority to whom an election petition is so transferred shall be deemed to be the Election Commissioner.

(5) No candidate who has been elected to be a member, Chairman or Vice-Chairman of a ¹[* * *] Samiti shall be debarred from holding office as such member, Chairman or Vice-Chairman merely by reason of any election petition having been filed against him unless his election, has been declared void by the Election Commissioner.

(6) An Election Commissioner exercising jurisdiction under this Act shall be deemed to exercise such jurisdiction as a persona designate and not in his capacity as a Judge.

Section 44-C. Parties to the petition

44-C. Parties to the petition.- ²[(1) An election petition may be presented by any candidate at such election or any elector eligible to vote at such election.]

(2) A person whose election is questioned and where the petition is to the effect that any other candidate is to be declared elected in place of such person, every unsuccessful candidate who has polled more votes than, such candidate shall be made opposite party to the petition.

Section 44-D. Contents of petition

44-D. Contents of petition.- (1) An election petition-

(a) shall contain a concise statement of the material facts on which the petitioner relies;

(b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and

(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedue, 1908 (5 of 1908) for the verification of pleadings.

(2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.

Section 44-E. Relief that may be claimed be the petitioner

44-E. Relief that may be claimed be the petitioner.- A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.

Section 44-F. Procedure before the Flection Commissioner

44-F. Procedure before the Flection Commissioner.- (1) Subject to the provisions of this Act and of any rules, made thereunder every election petition shall be tried by the Election Commissioner as nearly as may be in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908) to the trial of suits.

(2) The Election Commissioner shall not be required to record or to have the evidence recorded in full but shall make a memorandum of the evidence sufficient in his opinion for the purpose of deciding the case.

(3) The Election Commissioner for the purpose of deciding any issue, shall receive so much evidence, oral or documentary as he considers necessary and may require the production of any evidence.

(4) The Election Commissioner may, at any stage of the proceedings require the petitioner to give further security for the payment of all costs incurred or which is likely to be incurred by any opposite party and if within the time fixed by him or within such further time as he may allow such security is not furnished, he may dismiss the petition.

(5) No witness or other person shall be required to disclose the name of the person for whom he has voted at an election.

(6) The provisions of the Indian Evidence Act, 1872 (1 of 1872) shall subject to the provisions of this Act be deemed to apply in the trial of an election petition.

(7) Notwithstanding anything in any enactment to the contrary no document shall be inadmissible in evidence on the ground that it is not duly stamped or registered.

(8) Reasonable expenses incurred by any person in attending to give evidence may be allowed to such person which shall, unless the Election Commissioner directs, be deemed to be part of the costs.

(9) Any order as to costs passed by the Election Commissioner shall be executed by him on application made in that behalf in the same manner and by the same procedure as if it were a decree for the payment of money passed by himself in a suit.

Section 44-G. Appearance before Election Commissioner

44-G. Appearance before Election Commissioner.- Any appearance application or act before the Election Commissioner may be made or done by the party in person or by a pleader duly appointed to act on his behalf:

Provided that it shall be open to the Election Commissioner to direct any party to appear in person whenever the Election Commissioner considers it necessary.

Section 44-H. Powers of Election Commissioner

44-H. Powers of Election Commissioner.- The Election Commissioner shall have the powers which are vested in a court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit in respect of the following matters, namely

(a) discovery and inspection;

(b) enforcing the attendance of, witnesses, and requiring the deposit of their, expenses;

(c) compelling the production of documents;

(d) examining witnesses on oath

(e) granting adjournments;

(f) reception of evidence taken on affidavit; and

(g) issuing commissions for the examination of witnesses;

and may summon and examine suo motu any person whose evidence, appears to it to be material; and shall be deemed to be a civil court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898).

Section 44-I. Recrimination when seat claimed

44-I. Recrimination when seat claimed.- (1) When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election

Provided that the returned candidate or such other party as aforesaid shall not be entitled to give such evidence unless he has, within fourteen days from the date of commencement of the trial, given notice to the Election Commissioner of his intention to do so and has also given the security and the further security referred to in sections 44-B and 44-F respectively.

(2) Every notice referred to in sub-section (1) shall be accompanied by the statement and particulars required by section 44-D in the case of an election petition and shall be signed and verified in like manner.

Section 44-J. Decision of Election Commissioner

44-J. Decision of Election Commissioner.- (1) If the Election Commissioner, after making such enquiry, as he deems necessary, finds in respect of any person whose election is called in question by a petition that his election was valid, he shall dismiss the petition as against such person and may award costs at his discretion.

(2) If the Election Commissioner finds that the election of any person was invalid, it shall either-

(a) declare a ‘casual’ vacancy to "have been created; or

(b) declare another candidate to have been duly elected;

whichever course appears, in the circumstances of the case to be more appropriate and in either case, may award costs at his discretion.

(3) In the event of the Election Commissioner declaring a casual vacancy to have been created, it shall direct the Collector of the district or other authority prescribed, in this, behalf to take proceedings for filling the vacancy.

(4) All orders of the Election Commissioned ¹[shall, subject to the order passed in an appeal, if any, be final and conclusive]:

Provided that the Election Commissioner may, on application presented within one month from the date of any of the orders made under this section or under section 44-K by any person aggrieved review such order on any ground and may, pending decision in review, direct stay of operation of such order.

Section 44-K. Other orders to be made by the Election Commissioner

44-K. Other orders to be made by the Election Commissioner.- At the time of making an order under section 44-J the Election Commissioner shall also make an order-

(a) declaring any candidate found to have committed any corrupt practice to be disqualified for any period not exceeding five years for being elected as a member of the ¹[* * *] Samiti ²[* * *] or for being appointed to or retained in any office or employment in the ¹[* * *] Samiti, and

(b) fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid.

Section 44-L. Grounds for declaring election void

44-L. Grounds for declaring election void.- (1) The Election Commissioner shall declare the election of a returned candidate void, if he is of the opinion-

(a) that such person committed during or in respect of the election proceedings a corrupt practice as specified in section 44-N;

(b) that such person was declared to be elected by reason of the improper rejection or admission of one or more votes or for any other reason was not duly elected by a majority of lawful votes;

(c) that such, person, was disqualified for election under the provisions of this Act; or

(d) that any nomination paper has been improperly rejected.

(2) The election shall not be declared void merely on the ground of any mistake in the forms required thereby or of any error, irregularity or informality on the part of the Officer or Officers charged with carrying out the provisions of this Act or of any rules made thereunder unless such mistake, error, irregularity or informality has materially affected the result of the election.

Section 44-M. Grounds for which a candidate other than the returned candidate may be declared to have been elected

44-M. Grounds for which a candidate other than the returned candidate may be declared to have been elected.- If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the Election Commissioner is of opinion-

(a) that in fact the petitioner or such other candidate received a majority of the valid votes; or

(b) that but for the votes obtained by the returned candidate by a corrupt practice the petitioner or such other candidate would have obtained a majority of the valid votes;

the Election Commissioner shall after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected.

Section 44-N. Corrupt practices

44-N. Corrupt practices.- The following shall be deemed to be corrupt practices for the purposes of this Chapter, namely:-

(1) bribery, that is to say, any gift, offer or promise by a candidate or by any other person on his behalf of any gratification to any person whomsoever-

(i) with the object, directly or indirectly of inducing-

(a) a person to stand or not to stand as or to withdraw from being a candidate; or to retire from contest at such election; or

(b) an elector to vote or refrain from voting as such election; or

(ii) as a reward to-

(a) a person for standing or refraining from; standing as a candidate, or for having withdrawn his candidature or for having retired from contest; or

(b) an elector for having voted or for refraining from voting.

Explanation-For the purposes of this clause, the term ‘gratification’ includes all forms of entertainment and all forms of employment for rewards; but it does not include the payment of any expenses bonafidely incurred for the purposes of such election.

(2) undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of a candidate or any other person, on his behalf, with the free exercise of the electoral right of any person:

Provided that-

(a) without prejudice to the generality of the provisions of this clause any such person as is referred to therein, who-

(i) threatens any candidate or any elector or a person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and excommunication or of expulsion from, any caste or community; or

(ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested will become or will be rendered an object of divine displeasure or spiritual censure,

shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause; and

(b) a declaration of public policy or a promise of public action or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause;

(3) the systematic appeal by a candidate or by any other person on his behalf to vote or refrain from voting on grounds of caste, race, community or religion or of the use of national symbols, such as the National Flag or the National Emblem for the furtherance of the prospects of the candidate's election;

(4) the publication by the candidate or by any other person on his behalf of any statement of fact which is false and which he either believes to be false or does not believe to be true in relation to the personal character or conduct of any candidate, or in relation to the candidature or withdrawal or retirement from contest of any candidate, being a statement reasonably calculated to prejudice the prospect of that candidate's election;

(5) the hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by a candidate or by any other person on his behalf for the conveyance of any elector, other than the candidate or any member of his family to or from any polling station or place fixed for the poll:

Provided that the hiring of vehicle or vessel by an elector or by several electors at their joint cost for purpose of conveying him or them to or from any such polling station or place fixed for the poll, shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power:

Provided further that the use of any public transport vehicle or railway carriage by any elector at his own cost for the purpose of going to or coming from any polling station or place, shall not be deemed to be a corrupt practice under this clause.

Explanation-In this clause the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise;

(6) the obtaining or procuring or abetting or attempting to obtain or procure by a candidate or by any other person on his behalf of any assistance, other than the casting of a vote for the furtherance of the prospects of the candidate's election from any person in the service of the Government or in the employ of any local Authority.

Section 44-O. Withdrawal of petition

44-O. Withdrawal of petition.- ¹[(1)] The petitioner may, at any time withdraw the election petition filed by him on payment to the respondent such cost as he might have incurred or such portion thereof as the Election Commissioner may direct:

Provided that if there are more petitioners than one, no application to withdraw the election petition shall be made except with the consent of all the petitioners.

²[(2) No application to withdraw an election petition shall be granted if, in the opinion of the Election Commissioner, such application has been induced by any bargain or consideration which ought not to be allowed.

(3) If the application is granted-

(a) the Election Commissioner shall direct that the notice of withdrawal shall be published in the Official Gazette and in such other manner as he may specify and thereupon the notice shall be published accordingly;

(b) a person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner in place of the party withdrawing, and upon compliance with the conditions, if any, as to the security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the Election Commissioner may deem fit.]

Section 44-P. Abatement of petition

44-P. Abatement of petition.- ¹[(1)] An election petition shall abate only on the death of the petitioner or where there are more than one petitioner on the death of all the petitioners and such abatement shall be communicated to the concerned ²[* * *] Block Development Officer by the Election Commissioner.]

³[(2) Where the election petition abates under sub-section (1) the Election Commissioner shall cause the fact to be published in such maimer as he may deem fit.

(3) Any person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner and upon compliance with the conditions, if any, as to security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the Election Commissioner may deem fit.]

Section 44-Q. Appeal

⁴[44-Q. Appeal.- Any person aggrieved by an order passed by the Election Commissioner under sub-section (1) or sub-section (2) of section 44-J may, within such period as may be prescribed, prefer an appeal before the District Judge having jurisdiction.]

Section 45. Disqualifications for becoming member and continuing as a member

Chapter-VII - Miscellaneous

CHAPTER VII

Miscellaneous

45. Disqualifications for becoming member and continuing as a member.- ¹[(1) A person shall not be eligible to stand for election ²[under sub-section (2) of section 16] if he-

(a) ³[* * *]

(b) ⁴[is not ordinarily residing within the Block; or]

(c) is of unsound mind; or

(d) is an applicant to be adjudicated as an insolvent or is an undischarged insolvent; or

(e) is a deaf-mute or is suffering from leprosy or tuberculosis; or

(f) is convicted of an election offence under any law for the time being in force; or

(g) is not a citizen of India; or

(h) is convicted for an offence involving moral turpitude; or

(i) holds any office of profit under the State or Central Government or any Local authority; or

(j) is a teacher in any school recognised under the provisions of the Orissa Education Code for the time being in force; or

(k) holds the office of a Minister either in the Central or in the State Government; or

¹[(k-1) is a member of the House of the People or of the Council of States or of the State Legislature; or]

(l) has been dismissed from service of the State or Central Government or any Local authority; or

(m) has been in arrears of any tax, fee or rate due by him to any Grama Panchayat for a continuous period of two years, or

²[(m-1) being a member of any society registered under the Orissa Co-operative Societies Act, 1951 (Orissa Act 11, 1952) has failed to pay any arrears of any kind accrued due by him to such society for a continuous period of two years or more; or]

(n) is in the habit of encouraging litigation in the villages and has been declared to be so on enquiry by the prescribed authority in the prescribed manner; or

(o) is interested in a subsisting contract made with or any work being done for the Samiti³[or any Government] except as a share-holder other than a Director in a Company or except as may be prescribed; or

(p) is a paid and retained legal practitioner on behalf of the Samiti:

Provided that the disqualification under clause (h) or (1) may be removed by the Government in the prescribed manner.]

(2) An elected member of a Samiti ⁴[including the Chairman and Vice-chairman] shall cease to be a member if he-

⁵[(i) is not ordinarily residing within the Block or ceases to so reside or is or becomes subject to any of the other disqualifications specified in sub-section (1); or]

¹[(ii) has been continuously absent from the Block for more than six months without prior intimation in writing,-

(a) in the case of a Chairman, to the Samiti;

(b) in the case of any other member or Vice-Chairman, to the Chairman; or]

(iii) has absented himself from three consecutive ²[ordinary] meetings of the Samiti without the previous permission in writing of the Samiti; ³[or]

⁴[(iv) being a legal practitioner appears or acts as such against the Samiti.]

(3) Where a person ceases to be a member under clause (f) of sub-section (1), he shall be restored to office for such portion of the term of office as may remain unexpired as the date of such restoration, if the sentence is reversed or quashed on appeal or revision or the offence is pardoned or the disqualification is removed by an order of the Government and any person filling the vacancy in the interim period shall, on such restoration, vacate the office.

⁵[* * *]

⁶[* * *]

Section 45-A. No person to stand for more than one Samiti

⁷[⁸[45-A. No person to stand for more than one Samiti.- No person shall be eligible to stand for election under section 16 for more than one Samiti.]

Section 45-B. Distract Judge to decide question of disqualification

45-B. Distract Judge to decide question of disqualification.- (1) "Whenever it is alleged that any member of a ¹[* * *] Samiti is or has become disqualified, or whenever any such member is himself in doubt whether or not be is or has become disqualified such member or any other member may, and the Chairman at the request of the ¹[* * *] Samitis ²[* * *] shall, apply to the District Judge, having jurisdiction over the place where the office of the ¹[* * *] Samiti, ²[* * *] is situated, for a decision on the allegation or doubt.

(2) The District Judge, ³[after holding an enquiry in the prescribed manner] shall determine whether or not such member is or has become disqualified and his decision shall be final.

(3) Pending such decision the member shall be entitled to act as if he was not disqualified.

Section 45-C. Failure of election

⁴[45-C. Failure of election.- If for any reason whatsoever any of the electorates fails to return a candidate in accordance with any of the provisions of this Act, a fresh election Shall be held in respect of the vacancy on such date and in such manner as may be prescribed and in case the electorate still fails to return a member at such fresh election, the State Government shall nominate a person who is otherwise eligible to be elected and the person so nominated shall, subject to the provisions of sub-section (2) of section 45 be deemed to have been validly and properly elected.]

Section 45-D. [Omitted]

⁵[45-D. [Omitted].- [* * *]

Section 46. Resignation of Chairman, Vice-Chairman and members

⁶[46. Resignation of Chairman, Vice-Chairman and members.- The Chairman, Vice-Chairman or any member of the ⁷[* * *] Samiti may resign his office as such Chairman, Vice-Chairman or member by giving notice in writing ¹[* * *] to the Samiti. Except in a case where the person resigning delivers the notice of resignation personally to ¹[* * *] the Block Development Officer, such officer shall, on receipt of a notice of resignation, obtain confirmation from the person concerned as to its genuineness. A resignation delivered personally or confirmed as aforesaid shall take effect an and from the date on which the notice was received.]

Section 46-A. Cessation of membership of Sarpanch in the Samiti

²[³[46-A. Cessation of membership of Sarpanch in the Samiti.- (1) Notwithstanding anything contained in any law for the time being in force the Sarpanch of a Grama Panchayat shall cease to be the Sarpanch with effect from the date on which he ceases to be a member of the Samiti by tendering his resignation or otherwise.

(2) In the case of dissolution or supersession of a Grama Panchayat the Collector shall nominate a person to represent the Grama Panchayat in the Samiti during the period of such dissolution or supersession; provided that such person is otherwise eligible to be elected as a member of such. Grama Panchayat and the person so nominated shall for all purposes be deemed to be a member of the Samiti.]

Section 46-B. Vote of no-confidence a against Chairman and Vice-Chairman of Samiti

46-B. Vote of no-confidence a against Chairman and Vice-Chairman of Samiti.- (1) Whereat a meeting of the ⁴[* * *] Samiti specially, convened in that behalf a resolution is passed, supported by a majority of ⁵[not less than two-thirds of] the total number of members having a right to vote, recording want of confidence in the Chairman or Vice-Chairman of such ⁴[* * *] Samiti the resolution shall forthwith be published by such authority and in such manner as may be prescribed and with effect from the date of such publication the Chairman or Vice-Chairman, as the case may be, shall be deemed to have vacated office.

(2) In convening a meeting under sub-section (1) and in the conduct of business at such meeting the procedure herein specified shall be followed, namely-

(a) no such meeting shall be convened except on a requisition signed by at least one-third of the members with a right to vote, along with a copy of the resolution proposed to be moved at the meeting;

¹[(b) the requisition shall be addressed to the Sub-divisional Officer];

(c) ²[the Sub-divisional Officer] on receipt of such requisition shall fix the date, hour and place of such meetings and give notice of the same to all the members with a right to vote, along with a copy of the requisition and of the proposed resolution, at least seven clear days before the date so fixed;

³[(d) the Sub-divisional Officer or when he is unable to attend, any other gazetted officer not below the rank of a Sub-Deputy Collector authorised by him, shall preside over and conduct the proceedings of the meeting;]

(e) the voting at all such meetings shall be by secret ballot;

(f) no such meeting shall stand adjourned to a subsequent date and no item of business other than the resolution for recording want of confidence in the Chairman of the Vice-Chairman shall be taken up for consideration at the meeting;

⁴[(f-1) no such resolution shall be taken up for consideration ⁵[unless it has been proposed by one member and has been seconded by another member at the meeting];

¹[(f-2) after the resolution is taken up for consideration the member proposing the resolution may open the discussion thereon and other members may speak on the resolution in the order in which they are called upon by the Presiding Officer:

Provided that no member shall, unless so permitted by the Presiding Officer, have the right to speak more than once and if any member who is called upon does not speak he shall not be entitled, except by the permission of the Presiding Officer, to speak at a later stage of the discussion;

(f-3) where the Chairman or, as the case may be, the Vice-Chairman, against whom the resolution has been tabled, is present, the shall be given an opportunity to speak by way of reply to the resolution and the discussion made at the meeting;

(f-4) the presiding officer may fix the time within which each member, including the Chairman and Vice-Chairman, shall conclude his speech;]

(g) if the number of members present at the meeting is less than ²[a majority of two-thirds] of members having a right to vote the resolution shall stand annulled; and

(h) if the resolution is passed at the meeting supported by ²[a majority of two-thirds] of members having a right to vote, ³[the Sub-divisional Officer] shall forward the resolution to the authority prescribed in pursuance of sub-section (1).

(3) When a meeting has been held in pursuance of a requisition under sub-section (2) for recording want of confidence in the Chairman or vice-Chairman, as the case may be, no fresh requisition for a meeting shall be maintainable before the expiry of-

(a) thirty days from the date of the meeting in case falling under clause (g) of sub-section (2), and

(b) ¹[one year] from the date of the meeting, in cases falling under clause (h) of the said sub-section or where the resolution is defeated after being considered at such meeting.

²[(4) Without prejudice to the provisions of sub-section (3) no requisition under sub-section (2) shall be maintainable in the case of a Chairman or Vice-Chairman, as the case may be, before the expiry of one year from the date on which such Chairman or Vice-Chairman enters office].

Section 46-C. Term of office of Chairman of 3 *Samiti and of the ousting nonofficial members

46-C. Term of office of Chairman of 3 *Samiti and of the ousting nonofficial members.- (1) The term of office of the Chairman of the [* * *]³. Samiti shall be ⁴[five years].

(2) The aforesaid period of ⁴[five years] shall include any period that may elapse between the expiry of that period and the date on which the succeeding Chairman takes office.

⁵[* * *]

Section 46-D. Extension of the term of office of elected members

⁶[46-D. Extension of the term of office of elected members.- The Government whenever they deem it expedient so to do may, by notification extend from time to time the term of office of the elected members, including that of the Chairman of all or any of the Samitis [* * *]⁷so however that the total extension in respect of any Samiti [* * *]⁷does not in the aggregate exceed two years:]

⁸[Provided that-

(a) notwithstanding anything contained in any other provision of this Act, if at any time, the Government, either on petition filed in that behalf or upon their own motion, are satisfied that the holding of a free and fair election for reconstituting all or any of the Samitis [* * *]¹is likely to be hampered due to the activties of the elected members including that of the Chairman of any such Samiti [* * *]¹they may, is the general interest of the public, by notification, reduce the term of office of the said elected members and the Chairman as extended under this section by such period as they deem fit and thereupon the members and the Chairman as aforfesaid shall cease to hold office;

(b) no such notification shall be issued more than two months prior to the holding of general election to the Grama Panchayats;

(c) nothing contained in section 49 shall apply in relation to the members and Chairman in respect of whom, a notification has been issued under clause (a); and

(d) during the period beginning with the date of such notification and until the reconstitution of the Samiti [* * *]¹ [* * *]² all or any of the powers and duties of the Samiti [* * *]¹ and its Chairman shall be exercised and discharged as far as may be and to such extent as the Government may determine by such person as they may appoint in that behalf.]

Section 47. Casual vacancies

47. Casual vacancies.- ³[(1) If the elected members of the Samiti ceases to be a member by reason of his death, resignation or otherwise the vacancy so caused shall be filed up, so far as may be, in the manner provided under sub-section (2) of section 16 and the members so elected shall hold office for the unexpired term of the member in whose place he has been elected.]

¹[(2) If the Chairman of the ²[* * *] Samiti ceases to be such Chairman by reason of his resignation or otherwise the vacancy so caused shall be filled up, so far as may be, in the manner provided ³[under sub-section (3) of section 16] ⁴[and the person filling up such vacancy shall hold office for the unexpired term of the Chairman in whose place he has been elected].

⁵[(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), where a, vacancy occurs under any of the said sub-sections and the term of office of the member or the Chairman, as the case may be, would, in the ordinary course of events, have expired within six months of the occurrence of the vacancy, the State Government may direct that the vacancy be left unfilled until the next general election;

Provided that the said vacancies shall be filled in the manner provided in sub-section (1) or, as the case may be, sub-section (2) if the term of office of the elected members including that of the Chairman of the Samiti is extended under section 46-D.]

Section 48. Vacancy not to invalidate proceedings

48. Vacancy not to invalidate proceedings.- No act or proceeding of the ²[* * *] Samiti shall be questioned on account of any vacancy in the membership or any defect or irregularity in any such act or proceeding not affecting the merits of the case.

Section 49. Interim period to be within the term of office

⁶[49. Interim period to be within the term of office.- (1) The term of office of a non-official member of the ²[* * *] Samiti, other than those who have been elected there to, shall be deemed to include any period which may elapse between the date on which the member ceases to be ⁷[* * *] ⁸[a Sarpanch] and the date from which the succeeding member holds office in the ²[* * *] Samiti.

(2) The term of office of the member elected under¹[* * *] ²[sub-section (2) of section 16 shall be, if at the date of the expiry of the term of office specified in ¹[* * *] sub-section (4) of section 16,] the remaining non-official members in the [* * *]³Samiti do not include a woman or a member of the Scheduled Caste or Scheduled Tribe, as the case may be, deemed to include the period between the date aforesaid and the date from which the succeeding member holds office in the ³[* * *] Samiti.

⁴[* * *]

(4) On the expiry of the term of the elected members of a ³[* * *] Samiti fresh elections shall be held within the period and in the manner as may be prescribed].

Section 50. No members to receive remuneration

50. No members to receive remuneration.- (1) No non-official member of a ³[* * *] Samiti shall, receive or be paid any salary or other remuneration for services rendered by him in any capacity whatsoever except with the sanction of the Government but shall be allowed travelling allowance for such purpose and at such rates as may be prescribe ed.

(2) The official members of the ³[* * *] Samiti shall be entitled to travelling allowances according to rules applicable to them.

Section 51. Appointment of employees of the District Board Local Board etc. to the Samiti, etc.

51. Appointment of employees of the District Board Local Board etc. to the Samiti, etc.- (1) Notwithstanding anything contained in any law, rule, order or contract in force on the date of constitution of a ³[* * *] Samiti the Government may direct that the employees of any District Board, shall be appointed under the ³[* * *] Samiti or the Government according to their qualification and nature of duties assigned to them in the said Board and there upon such employees shall cease to be employees of the said District Board and they shall become employees of the ³[* * *] Samiti or the Government, as the case may be. Such employees shall as far as practicable, be appointed to posts of grade or class similar to the one they were holding previously.

(2) The appointment under sub-section (1) shall be deemed to be a continuation of service of the employees and he shall be entitled to the benefits of his previous service as regards leave or provident fund, which accrued to him before such appointment.

Section 52. Chairman, Vice-Chairman and employees to be public servants

¹[52. Chairman, Vice-Chairman and employees to be public servants.- (1) The Chairman, the Vice-Chairman and the employees of the Samiti shall be deemed to public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

(2) The employees of the Samiti shall be governed by the Orissa Government Servants' Conduct Rules, 1959.]

Section 53. Protection of action taken under the Act

53. Protection of action taken under the Act.- No suit, prosecution or other legal proceeding shall lie against any person in respect of anything done or intended to be done in good faith under this Act or the rules made thereunder.

Section 54. Notice of suit or proceeding

54. Notice of suit or proceeding.- No suit or other legal proceedings, shall be instituted against any ²[* * *] Samiti or the Chairman, member or employee thereof in respect of any act purporting to be done by them in their official capacity, until the expiration of two months next after notice in writing has been delivered to or left at the office of-

(a) in the case of a suit or proceeding agninst the ²[* * *] Samiti, the Chairman; and

(b) in the case of a suit or proceeding against the Chairman, member or employee, delivered to them or left at their office stating the cause of action, the name, description and place of residence of the plaintiff or petitioner and the relief which he claims, and the plaint or petition shall contain a statement that such notice has been so delivered or left.

Section 54-A. Revision and review

³[54-A. Revision and review.- (1) The Government may, either suo motu or on an application from any person interested, call for and examine the record of a Samiti ⁴[* * *] in respect of any proceeding ⁵(including any proceeding under section 46-B)] or the correctness, legality of propriety of any decision or order passed therein and if, in any case, it appears to the Government that any such decision or order should be modified, annulled or reversed or remitted for reconsideration, they may pass orders accordingly:

Provided that the Government shall not pass any order prejudicial to any party unless such party has had an opportunity of making a representation.

(2) The Government may stay the execution of any such decision or order pending the exercise of their powers under sub-section (1) in respect thereof.

(3) The Government may, suo motu at any time or on an application received from any person interested within ninety days of the passing of an order under sub-section (1), review any such order if it was passed by them under any mistake, whether of fact or of law, or in ignorance of any material fact. The provisions contained in the proviso to sub-section (1) and in sub-section (2) shall apply in respect of any proceeding under this sub-section as they apply to a proceeding under sub-section (1).

(4) Every application preferred under sub-section (1) or sub-section (3) of this section shall be accompanied by a fee of fifteen rupees.

Section 54-B. Delegation of powers

54-B. Delegation of powers.- The Government may, by notification, delegate all or any of their powers under this Act except those conferred upon them by sections 20, 38, 41, 42, 57, 57-A and 58 to any person or authority subordinate to them and may, in like manner, withdraw any power so delegated. The exercise of any powers delegated under this section shall be subject to such restrictions, limitations and conditions and to such control and revision by such authority as may be specified in the notification.]

Section 55. Limitation

55. Limitation.- No suit or proceeding referred to in section 54 shall, unless it be a suit or proceeding for the recovery of immovable property or for a declaration of title thereto, be commenced after the expiry of six months from the date on which the cause of action arose or in the case of a continuing injury or damage after the expiry of six months from the date of cessation thereof.

Section 56. Recovery of amounts due to Samiti

56. Recovery of amounts due to Samiti.- All amounts due to be recovered under this Act shall without prejudice to any other mode of recovery be recoverable as arrears of land revenue.

Section 57. Power to make rules

57. Power to make rules.- (1) The Government, may after previous publication, make rules¹ consistent with the provisions of this Act to carry out or any of the purposes of this Act and prescribe forms for any mutter for which they consider that a form should he provided.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-

(i) the conditions subject to which property may be acquired or transferred by sale, mortgage, lease, exchange or otherwise by a Samiti;

(ii) regulating the duties, functions and powers of a Samiti;

(iii) generally determining the relations between ²[* * *] Grama Panchayats and Samitis and for the guidance of Samitis in all matters connected with the carrying out of the provisions of this Act;

³[(iii-a) regulation of all elections under this Act including deposits to be made by candidates at an election to the office of the Chairman, the conditions for forfeiture or refund of such deposit and the qualifications-of a proposer or seconder;]

(iv) any other matter which has to be or may be prescribed under this Act.

(3) All rules made under this section shall be laid before the Legislative Assembly as soon as possible after they are made for a total period of fourteen days which may be comprised in one or more sessions and shall be subject to such modifications as the Assembly may make during the said period.

Section 57-A. Power to make rules

⁴[57-A. Power to make rules.- ⁵(1) Subject to such rules as may be made, a Samiti may, with the approval of the Collector, make bye-laws for carrying out any of the purposes for which it is constituted.

(2) The Government shall have power to make rules regarding the procedure for making of bye-laws under this section, the publication thereof and the date on which they shall come into effect.]

Section 58. Issue of order and removal of difficulties

¹[58. Issue of order and removal of difficulties.- (1) The Government may, from time to time, with a view to ensure the proper functioning of the ²[* * *] Samitis and the proper implementation of the provisions of this Act issue such administrative orders, directions and instructions as they deem fit not inconsistent with the aforesaid provisions and the rules made thereunder for the guidance of the ²[* * *] Samitis.

(2) Without prejudice to the provisions of sub-section (1) if any doubt or difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, do anything which appears to them necessary for the purpose of removing the doubt or difficulty.]

Section 58-A. [Repealed]

³[⁴58-A. [Repealed].- [* * *]

Section 58-B. Transitory provisions

58-B. Transitory provisions.- (1) Every ⁵[* * *] Samiti with its members, Chairman and Vice-Chairman as on the date of its first constitution shall be deemed to have been legally and validly constituted and shall be deemed to have been vested with all powers, functions and duties under this Act fully and effectively notwithstanding the deficiency, defect, illegality or irregularity, if any-

(a) in such constitution, or the nomination, election or appointment as the case may be of such members, Chairman or Vice-Chairman, or in any of the proceeding relating thereto, or

(b) in any of the provisions of, or in relation, to any of the rules, orders, notices or notifications made or issued or purporting to have been so made or issued under this Act or any action taken or things done or purporting to have been so taken or done in pursuance of the said provisions, or

(c) in the constitution of or membership in the bodies forming the electorates for the purposes of election to the said ¹[* * *] Samitis.

(2) Where for the purposes of the first constitution of a Samiti, any nomination has been made in respect of a seat to be held by an elected member, not being a nomination made by reason of any failure on the part of an electorate to return a member, the person so nominated shall cease to hold office as member with effect from the date the member elected in accordance with the provisions of this Act and the rules made thereunder assumes charge of office; but such member shall be deemed to have held office with effect from the date of the first constitution of the Samiti.

Explanation-For the purposes of this Act the 26th day of January, 1961 shall be deemed to be the date of the first constitution of the Samiti and also the date from which its members on its first constitution shall be deemed to have held office.

(3) The provisions of this section shall have effect notwithstanding anything to the contrary in any of the other provisions of this Act.]