*Orissa Grama Panchayats (Amendment) Act, 1994**
| [Orissa Act No. 6 of 1994] | [18th April, 1994] |
An Act further to amend the Orissa Grama Panchayats Act, 1964.
Be it enacted by the Legislature of the State of Orissa in the Forty-fifth Year of the Republic of India as follows:-
* For the Bill see Orissa Gazette, Extraordinary, dated the 22nd March, 1994 (N. 345)
** [Received the assent of the Governor on the 18th April, 1994, first published in as extraordinary issue of the Orissa Gazette, dated the 18th April, 1994]
1. Short title and commencement.- (1) This Act may be called the Orissa Grama Panchayats (Amendment) Act, 1994.
(2) It shall come into force on such date, not being later the 23rd April, 1994 as the State Government may, by notification appoint.
2. Amendment of section 1.- In section 1 of the. Orissa Grama Panchayts Act, 1964 (Orissa Act 1 of 1965) (hereinafter referred to as the principal Act)-
(a) in the marginal heading for the words "and commencement" the comma and words "commencement and application" shall be substituted:
(b) in the provisos to sub-section (2), the words "or a Notified Area" shall be omitted; and
(c) after sub-section (3) the following Sub-section shall be inserted, namely:-
"(4) Nothing in this Act shall apply to the Scheduled Areas referred to in clause (1) of article 244 of the Constitution."
3. Amendment of section 2.- In section 2 of the principal Act,-
(i) after clause (f) the following clause shall be inserted, namely:-
(f-1) "Election Commission" means the State Election Commission consisting of a State Election Commissioner appointed by the Governor under article 243-K of the Constitution;
(f-2) "Finance Commission" means the Finance Commission constituted by the Governor under article 243-1 of the Constitution;
4. Amendment of section 8.- In section 8 of the principal Act, for the proviso to sub-section (1) the following proviso shall be substituted, namely:-
"Provided that-
(i) the determination of the number of such wards shall be subject to the provisions in article 243-C of the Constitution; and
(ii) the total number of words in any Grama shall not be less than eleven and more than twenty-five."
5. Amendment of section 9.- In section 9 of the principal Act, for the words "so muck" the words "subject to the superintendence, direction and control of the Election Commission, so much" shall be substituted.
6. Amendment of section 10.- In section 10 of the principal Act,-
(i) in sub-section (1), clause (c) shall be omitted; and
(ii) for Sub-sections (3) and (4), the following sub-sections shall be substituted, namely-
"(3)(a) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Grama Panchayat and the number of seats so reserved shall bear, as nearly as maybe, the same proportion to the total number of seats to be filled by direct election in that Grama Panchayat as the population of the Scheduled Castes in the concerned Grama or of the Scheduled. Tribes in that Grama bears to the total population of that Grama and such seats shall be allotted by rotation to different wards in a Grama Panchayat:
Provided that where the population of the Scheduled Castes or, as the case may by, the Scheduled Tribes in a Grama is not sufficient for the reservation of any seat, one beat for the Scheduled Castes or, as the case may be, one seat for the Scheduled Tribes shall be reseved in that Grama.
(b) As nearly as may be, but not less than one-third of the total number of seats-reserved under clause (a) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes:
Provided that where only two seats are reserved for the Scheduled Castes or, as the case may be, the Scheduled Tribes, one of the two seats shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
(c) As nearly as may be, but not less than, one third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Grama Panchayat shall be reserved for women and such beats shall be allotted by rotation to different wards in a Grama.
(4) The manner of election of members specified in sub-section (1) and the procedure regarding reservation of seats for the purposes of sub-section (3) shall be such as may be prescribed.
(5) Notwithstanding anything to the contrary in this section,-
(a) the offices of Sarpanches in Grama Panchayats shall be reserved for the Scheduled Castes and the Scheduled Tribes and the number of offices so reserved for the Scheduled Castes and Scheduled Tribes shall bear, as nearly as may be, the same proportion to the total number of such offices as the population of the Scheduled Castes and the Scheduled Tribes respectively in the State bears to the total population of the State; and
(b) as nearly as may be, but not less than, one-third of the total number of offices of Sarpanches in Grama Panchayats shall be reserved for women.
(6) Reservation of offices of Sarpanchcs under sub-section (5) shall be made by the State Government by rotation among different Grama Panchayate and the reservation so made shall be notified by the Election Commission.
(7) The reservation of seats under clauses (a) and (b) of sub-section (3) and the reservation of offices of Sarpanches (other than the reservation for women) under sub-section (5) shall cease to have effect on the expiration of the period specified, in Article 334 of the Constitution".
7. Amendment of section 11.- In section 11 of the principal Act, for clauses (c) and (d), the following clause shall be substituted, namely:-
(c) as a member-
(i) for more than one ward in the Grama or more than one Grama Panchayat; or
(ii) if he is unable to read and write Oriya; and
(iii) if he has not attained the age of twenty-one years".
8. Amendment of section 12.- In section 12 of the principal Act,-
(i) in sub-section (1), for the word "held", the word "completed" shall be substituted;
(ii) in sub-section (2), for the words "on the expiry of its term of office by efflux of time", the words, brackets and figures "before the expiry of its term specified in sub-section (2) of section 17" shall be substituted; and
(iii) sub-sections (3) and (4) shall be omitted.
9. Amendment of section 14.- In section 14 of the, principal Act, in sub-section (1),-
(i) the first proviso shall be omitted; and
(ii) in the second proviso, the word "further" occurring after the word "Provided" shall be omitted.
10. Amendment of section 17.- In section 17 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:-
"(2) Every Grama Panchayat, unless sooner dissolved or superseded, shall continue for five years from the date appointed for its first meeting referred to in sub-section (1) of section 14 and no longer:
Provided that a Grama Panchayat constituted on the dissolution of supersession of a Grama Panchayat before the expiration of its term shall continue only for the remainder of the period for which the dissolved or, as the case may be, superseded Grama Panchayat would have continued under this sub-section had it not been so dissolved or, as the case may be, supersede."
11. Amendment of section 18.- In section 18 of the principal Act, in sub-section (2), for the words "as may be prescribed", the words "as the State Government may, by notification, determine" shall be substituted.
12. Amendment of section 25.- In section 25 of the principal Act,-
(a) in sub-section (1),-
(i) in clause (t), for the words and fullstop "Grama Panchayat", the’ words and semicolon "Grama Panchayat; or" shall be substituted;
(ii) after clause (1), the following clauses shall be inserted, namely:-
"(u) has more than one spouse living; or
(v) has more than two children:
Provided that the disqualification under clause (v) shall not apply to any person who has more than two children on the date of commencement of the Orissa Grama Panchayats (Amendment) Act, 1994 or, as the case may be, within a period of one year of such commencement, unless he begels an additional child after the said period of one year"; and
(b) in clause (a) of sub-section (2), for the words, brackets and letters "and clause (m) to (p)", the comma, words, brackets and letters, "clauses (m) to (p) and clauses (r) to (v)" shall be substituted.
13. Amendment of section 27.- In section 27 of the principal Act, for sub-section (3), the following sub-section shall be substituted, namely:-
"(3) Notwithstanding anything contained in this section, the superintendence, direction and control of the conduct of elections to Grama Panchayats shall be vested in the Election Commission."
14. Amendment of section 44.- In section 44 of the principal Act, for clause (u) the following clause shall be substituted, namely:-
"(u) the implementation of schemes for economic development and social justice in relation to agriculture, including agricultural extension;"
15. Amendment of section 58.- In section 58 of the principal Act, for sub-sections (5), (6) and (7), the following sub-section shall be substituted, namely:-
"(5)(a) On and after the date of commencement of Orissa Grama Panchayats (Amendment) Act, 1994 (hereinafter referred to in this sub-section as the ‘appointed data’), nothing in the Orissa Agricultural Produce Markets Act, 1956 (Orissa Act 3 of 1957) shall apply-
(i) to or in relation to any market set up or established within the area of a Grama prior to the appointed date; or
(ii) for setting up or establishment of any market within the said area after the appointed date.
(b) where any land or building or both belonging to any Grama Panchayat has or have been transferred to a Market Committee under section 4 of the Orissa Agricultural Produce Markets Act, 1956 (Orissa Act 3 of 1957) prior to the appointed date, such land or building or both, as the case may be, shall, if the same continues to be within the area of a Grama, stand transferred to the Grama Panchayat having jurisdiction over the Grama on the appointed date.
(c) Any market set up or established under the Orissa Agricultural Produce Market Act, 1956 (Orissa Act 3 of 1957) which is situated within the area of a Grama and continues as such on the appointed date shall be deemed to be a market allowed to be set up or established under this Act, but shall cease to continue as such after the expiration of a period of three months from the appointed date unless its continuance is allowed further in accordance with the provisions of this Act and the rules made thereunder".
16. Amendment of section 100-A.- For section 100-A of the principal Act, the following section shall be substituted, namely:-
"100-A. (1) It shall be the duty of the Finance Commission to review the financial position of Grama Panchayats, and to make recommendations to the Governor as required under article 243-I of the Constitution.
(2) The Finance Commission may, for the purpose of maintaining sound financial position of Grama Panchayats, make such recommendations including measures needed for improvement of the financial position thereof, as it may deem fit.
(3) The Governor shall cause every such recommendation made by the Finance Commission together with an explanatory memorandum as to the action taken thereon to be laid before the Legislative Assembly."
17. Amendment of section 120.- In section 120 of the principal Act, the words "by them" shall be omitted.
18. Amendment of section 124.- In section 124 of the principal Act, for sub-section (5) the following sub-section shall be substituted, namely:-
"(5) The Collector or such other officer or person authorised in that behalf by the State Government shall have the right to take part in the proceedings at any meeting of the Grama Panchayat or a Committee thereof but shall not be entitled to vote at any such meeting."