Orissa act 007 of 1990 : Orissa Grama Panchayats (Postponement of Election) Act, 1990

Department
  • Department of Law
Enforcement Date

25 May 2017

Preamble

1Orissa Grama Panchayats (Postponement of Election) Act, 1990*

[Orissa Act No. 7 of 1990][13th April, 1990]

An Act to Provide for the postponement of General Election of Grama Panchayats in the State and for matters connected therewith or Incidental thereto.

Be it enacted by the Legislature of the State of Orissa in the Forty-first year of the Republic of India as follows:-

1. For Statement of Objects and reasons see Orissa Gazette, Extraordinary, dated the 21st March, 1990 (319).

* [Received the assent of the Governor on the 13th April, 1990 first published in an Extraordinary issue of the Orissa Gazette, dated the 21st April, 1990]

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Orissa Grama Panchayats (Postponement of Election) Act, 1990.

(2) It shall be deemed to have come into force on the 26th day of January, 1990.

Section 2. Definitions

2. Definitions.- In this Act, unless the context otherwise requrires,-

(a) ‘Grama Panchayat’ means a Grama Panchayat constituted under the Grama Panchayats Act;

(b) ‘Grama Panchayats Act’ means the Orissa Grama Panchayats Act, 1964 (Orissa Act 1 of 1965);

(c) Words and expressions used but not defined shall have the meanings as assigned to them respectively in the Grama Panchayats, Act.

Section 3. Postponement of election and consequences

3. Postponement of election and consequences.- (1) Notwithstanding anything contained in the Grama Panchayats Act, orany notification or order issued thereunder,-

(a) the general election for reconstituten of Grama Panchayats of the State shall be held within 2[the 31st December, 1991;]

(b) during the period beginning with the date of commencement of this Act and until the newly elected members of the Grama Panchayat and its Sarpanch assume office, the powers and functions of every Grama Panchayat and its Sarpanch shall be exercised and discharged by the Grama Panchayat Extension Officer having jurisdiction over the concerned Grama or by any other officer authorised by the State Government in that behalf.

(2) The general election as referred to in clause (a) of sub-section (1) of members (including Sarpanch) shall be held in accordance with the provisions of the Grama Panchayats Act and the Rules made thereunder.

(3) The Grama Panchayats so reconstituted shall, for all intents and purposes, be deemed to have been constituted under, and be governed by, the provisions of the Grama Panchayats Act and the rules made thereunder.

2. Substituted by the Orissa Grama Panchayats (Postponement of Election) Second Amendment Act, 1991 (Orissa Act 22 of 1991) s. 2.

Section 4. Repeal and savings

4. Repeal and savings.- (1) The Orissa Grama Panchayats (Postponement of Election) Ordinance, 1990 (Orissa Ordinance No. 1 of 1990) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the provisions of this Act.

SECTIONS