1Orissa Grama Panchayats Act, 1964*
| [Orissa Act No. 1 of 1965] | [21st January, 1965] |
An act to consolidate and amend the law relating to grama panchayats in the state of orissa
Be it enacted by the Legislature of the State of Orissa in the Fifteenth Year of the Republic of India as follows:-
1. For Statement of Objects and Reasons, see Orissa Gazette, Extra ordinary, dated the, 19th September, 1962 (No. 488) and for Report of Select Committee, See ibid, dated the 27th March, 1964 (No. 538).
* [Received the assent of the President on the 21st January, 1965, first published in an extraordinary issue of the Orissa Gazette, dated the 22nd January, 1965]
Chapter-I - Preliminary
CHAPTER I
Preliminary
1. Short title, extent and commencement.- (1) This Act may be called the Orissa Gram Panchayats Act, 1964.
(2) It shall extend to the whole of the State of Orissa:
Provided that it shall not apply to any area which has been or may be constituted hereafter as a Municipality or a Notified Area under the provisions of the Orissa Municipal Act, 1950 (Orissa Act 23 of 1950):
Provided further that when any local area is excluded from a Municipality or a Notified Area under the provisions of the said Municipal Act, the provisions of this Act shall apply to such area.
(3) It shall come into force at once.
2. Definitions.- In this Act, unless the context otherwise requires-
(a) "Assembly Constituency" shall have the same meaning as has been assigned to it in the Representation of the People Act, 1950 (43 of 1950);
(b) "Block" means a Block constiluted under section 15 of the Orissa Panchayat Samiti and Zilla Parishad Act, 1959 (Orissa Act 7 of 1960);
(c) "buildrng" includes a hut, shed, house, shop, warehouse, workshop or other rooted structure for whatsoever purpose and of whatever material constructed but does not include a tent or other portable or temporary shelter;
(d) "Collector" and "Sub-divisional Officer" with reference to a Grama Sasan respectively mean the Chief Revenue Officer of the district and the Chief Revenue Officer of the sub-division in which such Grama Sasan is constituted;
(e) "Committee" means any Committee of a Grama Panchayat constituted under this Act and includes a Joint Committee;
(f) "Director of Grama Panchayats" means an officer appointed as such by the State Government;
(g) "Grama" means a Grama constituted under section 3;
(h) "Grama Sasan" means a Grama Sasan established under section 4;
(i) "Grama Fund" means a local fund constituted under section 93
(j) "Grama Panchayat" means the Executive Committee of the Grama Sasan established under section 7;
(k) "market" means any place set apart or ordinarily or periodically used for the assembling of persons for the sale or purchase of grains, fruits, vegetables meat, fish or other perishable articles of food or for the sale or purchase of live-stock or poultry or of any agricultural or industrial produce or any raw or manufactured products or any other articles or commodity necessary for the convenience of life;
(l) "nuisance" includes any act, omission place, animal or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight smell, or hearing or disturbance to rest or sleep, or which is or may be dangerous to life or injurious to health or property;
(m) "offensive matter" includes animal carcases kitchen or stable refuse, night-soil, dung, dirt or putrid or putrefying substances other than sewage;
(n) "owner" in respect of any property includes a person who for the time being is receiving or is entitled to receive, whether on his own account or on behalf of another person as an agent, trustee, guardian, manager or receiver, the rents or profits of the property;
(o) "Palli Sabha" means a palli Sabha constituted under section 6;
(p) "population" means population as ascertained in the last preceding census of which the relevant figures have been published under the relevant law for the time being in force;
(q) "prescribed" means prescribed by rules made by the State Government under this Act;
(r) "public place" means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not;
(s) "public street" means any road, street, bridge, lane, square court, alley or passage which the public has a right to pass along and includes on either sides the drains or gutters and the land up to the defined boundary of any abutting property, notwithstanding the projection over such, land of any verandah or other superstructure;
(t) "Samiti" and "Parishad" in relation to any Grama mean respectively the Panchayat Samiti and the Zilla Parishad constituted under the Orissa Panchayat Samiti and Zilla Parishad Act, 1959 (Orissa Act 7 of 1960) and having jurisdiction over the area comprised within the said Grama;
(u) "village" means any area recorded as a village in the revenue records of the district in which it is situated and in the absence of such records any area as the Collector of the district may from time to time declare to be a village for the purposes of this Act; and
(v) "year" means the financial year.
Chapter-II - Grama, Grama Sasan, Grama Sabha and Palli Sabha
CHAPTER II
Grama, Grama Sasan, Grama Sabha and Palli Sabha
3. Constitution of Grama.- (1) The State Government may for the purposes of this Act by declaration notified in the Gazette constitute any village or group of contiguous villages as a Grama and assign to such Grama, a name which shall be of one of the villages comprised within the Gramn.
1[Explanation-Villages intervened only by forest areas; hills, streams, rivers and such other natural barriers and lands, not forming part of any village, may be treated as contiguous villages.]
(2) Whenever the State Government deem it fit so to do they may cancel any notification in respect of a Grama under sub-section (1) or may, alter the area comprised in a Grama by reducing or adding to the number of villages comprised within such Grama and by declaration notified in the Gazette constitute such altered area or areas as a Grama or Gramas, as the case may be, for the purposes of the said sub-section.
(3) No Grama shall, so far as may be reasonably practicable, be constituted with a population of less than two thousand and more than 2[ten thousand] but in no event shall a village be devided and a part thereof included within a Grama.
1. Added by the Oriasa Grnnia Panchayat (Second Amendment) Act, 1965 (Or. Act 18 of 1965), s. 2.
2. Substituted by the Orissa Grama Panchayat (Second Amendment) Act, 1974 (Or. Act 9 of 1975), s. 2.
4. Constitution and incorporation of Grama Sasan.- (1) For every Grama there shall be a Grama Sasan which shall be composed of all persons registered by virtue of the Representation of the People Act, 1950 (43 of 1950) in so much of the electoral roll for any Assembly constituency for the time being in force as relates to the Grama and the said portion of the roll shall be deemed to be the electoral roll in respect of the Grama.
(2) The Grama Sasan shall be a body corporate by the name of the Grama to which it relates, having perpetual succession and common seal, with power, subject to the provisions of this Act and the rules made there under, to acquire, hold and dispose of property and to contract and may by the said name sue and be sued.
(3) The Office and headquarters of the Grama Sasan shall be situated within the limits of the Grama and unless otherwise ordered by the State Government in the village bearing the name of the Grama.
5. Grama Sabha and its functions.- (1) There shall be at least two meetings one in February and the other in June every year of the members of the Grama Sasan and such other meetings as may be prescribed.
(2)(a) The quorum for the meetings of the Grania Sasan (hereinafter referred to as the ‘Grama Sabha’) shall be one-tenth of the members of the Grama Sasan.
(b) In the event of there being no quorum at any Grama Sabha it shall stand adjourned to a future day of which notice shall be given in the prescribed manner and no quorum shall be necessary for any such adjourned meeting.
(3) Subject to the other provisions of this Act, it shall be the duty of the Grama Sasan to consider-
(a) at the Grama Sabha held in February each year, the programmes and works to be undertaken by the Grama Panchayat for the ensuing year and the annual budget for the Grama for that year having regard to the recommendations, if any, of the different Palli Sabhas within the Grama made in accordance with the provisions of section 6 and give its recommendations to the Grama Panchayat;
(b) at the Grama Sabha held during the month of June each year, the report of the programmes and works undertaken by the Grama Panchayat and their progress during the preceding year along with the annual audit report submitted by the Sarapanch;
(c) at any Grama Sabha, proposals for levy of taxes, rates, rents and fees and the enhancement of rates thereof; organisation of community service, drawing up and implementation of agricultural production plans and any other matter as may be prescribed; and
(d) the supplementary or revised budget, if any, for the Grama made under sub-section (2) of section 98 and give its recommendations to the Grama Panchayat.
(4) Subject to the provisions of sub-section (2) the meetings of the Grama Sasan shall be convened by such authority, in such manner and at such times and intervals as may be prescribed.
(5) The business of the Grama Sasan at the Grama Sabhas shall be conducted and the record of the proceedings thereof shall be maintained in the prescribed manner.
6. Palli Sabha and its functions.- (1) For every village within the Grama, there shall be constituted by the State Government a Palli Sabha, provided that where the area comprised within a ward constituted for the Grama under section 8 consists of more than one village there shall be only one palli Sabha for such ward.
(2) Each Palli Sabha shall consist of all persons registered by virtue of the Representation of the People Act, 1950 (43 of 1950) in so much of the electoral roll for any Assembly Constituency for the time being enforce as relates to the area in respect of the Palli Sabha and the said portion of the roll shall be deemed to be the electoral roll of the Palli Sabha.
(3) The Palli Sabha shall meet annually in February every year and may also meet at other times in the manner prescribed.
(4) The person representing the Palli Sabha area in the Grama Panchayat or if there be more than one such person, one from the list of all such persons in order of preference to be determined by the Grama Panchayat, shall preside over the meeting of the Palli Sabha and in, the absence of all such persons at the meeting at the appointed time, those present at the meeting may elect one from among themselves to preside over the meeting.
(5) The members present at any meeting of the Palli Sabha shall from the quorum for such meeting and the proceedings of the meeting of the Palli Sabha shall be recorded and authenticated by its President;
Provided that, if any member of the Palli Sabha files a complaint either in writing or in person in the next-meeting of the Grama Panchayat challenging that the proceedings have not been correctly recorded by the President, the Grama Panchayat may in its discretion, summon another meeting of the Palli Sabha, to consider the same issue or issues, to be held in the presence of a member of the Panchayat not connected with the Palli Sabha, duly authorised by the Panchayat in this behalf; and the recorded proceedings of this meeting, if duly countersigned by the said member of the Panchayat shall be taken to be final.
(6) It shall be the duty of the Palli Sabha at its annual meeting in February each year to give its recommendations to the Grama Panchayat in respect of the following matters in so far as such matters relate to the Path Sabha area, namely:-
(a) the development works and programme that may be taken up during the ensuing year, and
(b) the annual budget estimate submitted by the Grama-Panchayat under sub-section (1) of section 98.
(7) Nothing in this section shall apply in respect of a Grama comprising of one village only.
Chapter-III - Constitution of Grama Panchayats
CHAPTER III
Constitution of Grama Panchayats
7. Grama Panchayat to be the executive authority of the Grama Sasan.- There shall be for every Grama Sasan a Grama Panchayat as hereinafter constituted which shall be the executive authority of the Grama Sasan.
1[8. 2[Constitution and ??? on of wards].- (1) As soon as may be after the constitution of a Grama the Collector shall, for the purposes of constitution of the Grama Panchayat, determine the number of wards into which the Grama is to be divided and the extent of each such, ward and shall prepare a statement showing the number of wards and the extent of each ward which shall be published by him in the prescribed manner for the prescribed period inviting objections from persons interested to be filed within the said period:
Provided that the total number of wards in any Grama shall not be less than eleven and more than twenty-five.
(2) The Collector shall, after considering all such objections and making such further enquiry as he may deem necessary, cause such alteration as may be necessary to be made in the statement and shall finally published the statement as so altered in the prescribed manner and thereupon the division of the Grama into wards as shown in the statement shall become final.]
1[(3) In cases where the population of any Grama according to the relevant figures of a census has exceeded its population, as recorded in the preceding census, the Collector may ??? the wards of the Grama and form new wards wherever necessary and in doing so he shall follow the same procedure as is provided in respect of division of wards under sub-sections (1) and (2).]
1. Substituted by the Orissa Grama Panchayat (Amendment) Act, 1365 (Or. Act 7 of 1965), s. 2.
2. Substituted by the Orissn Grama Panchayat (Second Amendment) Act, 1974 (Or. Act 9 of 1975), s. 3(a).
1. Inserted by the Orissa Grama Pnchayat (Second Amendment) Act, 1574 (Or. Act 9 of 1915), s. 3(b).
9. Electors and electoral Tools.- So much of the electoral roll for any Assembly constituency for the time being in force as relates to the area comprised within a ward shall be embodied in a register to be maintained for the ward and such register shall be deemed to be the electoral roll for the ward for the purposes of this Act.
10. Constitution of Grama Panchayat.- (1) Every Grama Panchayat shall be composed of the following members, namely;-
(a) a member to be elected by the persons referred to in sub-section (1) of section 4 from amongst themselves who shall be the Sarpancha; and
(b) a member to be elected from each of the wards by the persons on the electoral roll for the ward from amongst themselves.
(2) There shall be a Naib-Sarpanch in respect of every Grama Panchayat to be elected in accordance with the provisions of section 14.
1[(3) Subject to the rules, if any, prescribed in that behalf, the Collector shall, in respect of every Grama, by order, reserve seats in the Grama Panchayat for the Scheduled Castes and Scheduled Tribes and in doing so he shall follow the principles specified hereunder:-
(a) for the purposes of reservation only the seats of members referred to in clause (b) of sub-section (1) shall he taken into account;
(b) the number of seats reserved shall, as nearly as may be, bear the same proportion to the total number of seats as She ??? of the Scheduled Castes and Scheduled Tribes, taken together bears to the total population of the Grama;
(c) where only one seat is reserved, it shall be allotted to the Scheduled Castes or the Scheduled Tribes whoever are greater in number;
(d) where the number of seats reserved is more than one, the reserved seats shall be apportioned among the Scheduled Castes and the Scheduled Tribes in proportion to their respective population;
(e) the seats so reserved shall be assigned to the wards in order of the density of population of the Scheduled Castes or the Scheduled Tribes, as the case may be, to whom the seats have been allotted; and
(f) Such other principles as may be prescribed:
Provided that where no seat is reserved in respect of a Grama in accordance with the principle specified in clause (b), the elected members of the Grama Panchayat (including the Sarpanch) shall elect a member from among the persons belonging to the Scheduled Castes and Scheduled Tribes who is otherwise eligible to be a member of the Grama Panchayat and the member so elected shall, subject to the other provisions of this Act, been additional member of the Grama Panchayat, exercising all the rights of a member.]
1. Substituted by the Orissa Grama Panchayat (Second Amendment) Act, 1974 (Or. Act 9 of 1975), s. 4.
11. Qualification for membership in the Grama-panchayat.- Notwithstanding anything in section 10 no member of a Grama Sasan shall be eligible to stand for election-
(a) as a Sarpanch if he-
(i) is a candidate for election 1[* * *] as a member of the Grama Panchayat in respect of any ward; or
(ii) 2[* * *]
(iii) is a candidate for election or holds office as a Sarpanch of any other Giama Panchayat;
(b) as a Sarpanch or Naib-Sarpanch, if he has not attained the age 3[twenty-one years] or is unable to read and write Oriya;
(c) as a member for more than one ward in the Grama or for more than one Grama Panchayat.
1. Omitted by the Orissa Grama Panchayat (Amendment) Act, 1965 (Or. Act 7 of 1965), s. 4(i).
2. Omitted by the Orissa Grama Panchayat (Amendment) Act, 1975 (Or. Act 6 of 1974), s. 2.
3. Substituted by the Orissa Grama Panchayat (Amendment) Act, 1965 (Or. Act 7 of 1965) s. 4(ii) for twenty-five year.
12. General election of members of Grama Panchayat.- (1) A general election of the members of a Grama Panchayat shall be held for the purpose of constituting a new Grama Panchayat under section 7 or on the dissolution or supersession of a Grama Panchayat.
(2) A general election shall also be held for the purpose of reconstituting a Grama Panchayat on the expiry of its term of office by efflux of time.
(3) The general election in respect of a Grama Panchayat shall, so far as may be reasonably practicable, be held before the expiry of the term or the extended term under sub-section (2) of section 17, as the case may be, on such date or dates as the State Government may by general or special orders fix in that behalf.
4[(4) Without prejudice to the provisions of sub-section (3) the State Government may, whenever they deem it expedient so to do, alter the date or dates, as the case may be, fixed under the said sub-section.]
4. Added by the Orissa Grama Panchayat (Amendment Act, 1965 (Or. Act 7 of 1965), s. 5.
13. Nomination on failure of election.- If for any reason whatsoever the concerned electorate fails to return a Sarpanch or a Naib-Sarpanch, or any other member a fresh election shall be held for the purpose; and if at such fresh election no person is elected the Sub-divisional Officer shall nominate a person eligible for election to such office to be the Sarpanch, Naib-Sarpanch or such other member, as the case may be, who shall on being so nominated be deemed to have been duly elected.
14. Election of Naib Sarpanch.- (1) As soon as may be after the publication under section 15 of the names of the members elected at a general election such members shall at the first meeting of the Grama Panchayat specially convened in that behalf elect in the prescribed manner from among themselves a Naib-Sarpanch:
Provided that no such meeting as aforesaid shall be convened prior to the publication under section 15 of the names of the members, if any, elected under sub-section 3 of section 10 and the members so elected shall have a right to take part in such meeting and shall be eligible to stand for the election of Naib-Sarpanch.
(2) No election of a Naib-Sarpanch shall be made unless a majority of the members of the Grama Panchayat be present at the meeting held under sub-section (1).
(3) No election of a Naib-Sarpanch of a Grama Panchayat required to be held under sub-section (1) shall be deferred merely on the ground that any member thereof has been prevented by any order of a court of competent jurisdiction from participating in such election.
(4) The members of a Grama Panchayat shall not be debarred from proceeding with the election of a Naib-Sarprmch merely by reason of there being any casual vacancy in the membership of the Grama Panchayat as a result of death, resignation, removal or otherwise.
15. Publication of results of election.- Subject to the rules, if any, made that behalf the names of all persons elected or nominated as Sarpanch, Naib-Sarpanch or any other member of the Grama Panchayat shall, as soon as may be after such election or nomination, be published by the prescribed authority in such manner as may be prescribed;
Provided that the names of all members of any Grama Panchayat elected or nominated at a general election shall be published simultaneously.
16. Filling up or casual vacancies.- In the case of a vacancy in the office of a Sarpanch or Naib-Sarpanch or any other member of a Grama Panchayat occuting otherwise than by efflux of time or dissolution of supersession of the Grama Panchayat the Sarpanch, or the Naib-Sarpanch as the case may be, shall forthwith report the fact to the Sub-divisional Officer who shall fix a date, not being later than thirty days from the receipt of such report, for holding an election to fill up the vacancy in accordance with the provisions of this Act and the rules made thereunder.
Chapter-IV - Office of the Members, Sarpanch and Naib-Sarpanch
CHAPTER IV
Office of the Members, Sarpanch and Naib-Sarpanch
17. Term of office or members of Grama Panchayat.- (1) Any person elected or nominated as a Sarpanch or Naib-Sirpanch or any other member of a Grama Panchaya shall be deemed to have entered office as such Sarpanch or Naib-Sarpanch or suet other member, as the case may be, with effect from the date of the publication of his name in accordance with the provisions of section 15 and the term of office of such person shall expire with the term of the Grama Panchayat.
(2) The term of every Gania Panchayat in office immediately before the 1[15th day of August 1965], shall expire with effect from that date and save as otherwise expressly provided in this Act the term of every Grama Panchayat thereafter shall be 2[five years] commencing with the date on which the names of all members are published under the proviso to section 15 and such date shall be deemed to be the date on which such Grama Panchayat enters office:
Provided that the State Government, whenever they deem it expedient so to do may by notification extend from time to time the term of all or any of the Grama Panchayats, so however that the total extension in respect of any Grama Panchayat does not in the aggregate exceed 1[one year]:
2[Provided further that:-
(a) notwithstanding anything contained in any other provision of this Act, if at any time, the State Government, either on petition filed in that behalf or upon their own motion are satisfied that the holding of a free and fair general election is likely to be hampered due to the activities of all or any of the Grama Panchayats, they may, in the general interest of the public, by notification, reduce the term of such Panchayat or Panchayats as extended under the preceding proviso by such period as they deem fit and thereupon the Panchayat or Panchayats as aforesaid shall cease to hold office;
(b) no such notification shall be issued more than two months prior to the holding of the general election;
(c) nothing contained in sub-section (3) shall apply in relation to a Grama Panchayat in respect of which 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 Grama Panchayat all or any of the powers and duties of the Grama Panchayat and its Sarpanch shall be exercised and discharged in such manner and to such extent as the State Government may determine by such person as they may appoint in that behalf]
(3) Notwithstanding anything contained in sub-section (2) the term of office of every Grama Panchayat shall be deemed to extend to and expire with the date immediately preceding the date on which the succeeding Grama Panchayat enters office.
(4) The term of office of a Sarpanch or any other member elected or nominated to fill up a casual vacancy shall continue so long only as the member in whose place he is elected or nominated, as the case may be, would have been entitled to hold office had the vacancy not occurred.
1. Substituted by the Orissa Grama Panchayat (Amendment) Act, 1965 (Or. Act 7 or 1965), s. 6 for "26th day of January 1965"
2. Substituted by the Orissa Gramn Panchayats (Amendment) Act, 1978 (Or. Act 23 or 1973), s. 2(a) w.e.f. 27th July, 1978.
1. Substituted by the Orissa Grama Panchayat (Amendment) Act, 1978 (Or. Act 23 of 1973), s. 2(b) w.e.f. 27th July, 1978.
2. Inserted by the Orissa Grama Panchayat (Amendment) Act, 1967 (Or. Act 4 of 1967), s. 2.
18. Incidents of office.- (1) The office of the members of the Grama Panchayat shall be honorary.
(2) The members of the Grama Panchayat including the Sarpanch and Naib-Sarpanch shall be paid a sitting fee of one rupee for every meeting they attend and such traveling and daily allowances as may be prescribed and all such fees and allowances shall be paid from out of the Grama Fund.
19. Powers duties and functions of Sarpanch.- (1) Save as otherwise expressly provided by or under this Act the executive powers of the Grama Panchayat for the purpose of carrying out the provisions of this Act shall be exercised by the Sarpanch, who shall act under the authority of the said Grama Panchayat.
(2) Without prejudice to the generality of the provisions of sub-section (1) the Sarpanch shall, save as otherwise provided in this Act or the rules made thereunder and subject to such general or special orders as may be issued from time to time by the State Government in that behalf-
(a) convene, and preside over, the meetings of the Grama Panchayat and conduct, regulate and be responsible for the proper maintenance of the records of the proceeding of the said meetings;
(b) execute documents relating to contracts on behalf of the Grama Sasan;
(c) be responsible for the proper custody of all records and documents, all valuable securities and all properties and assests belonging to or Vested in or under the direction, management or control of the Grama Sasan;
(d) be responsible for the proper working of the Grama Panchayat as required by or under this Act;
(e) cause to be prepared all statements and reports required by or under this Act;
(f) exercise supervision and control over the acts and proceedings of all officers and employees of the Grama Panchayat;
(g) be the authority to enter into correspondence on behalf of the Grama-Panchayat; and
(h) exercise such other powers, discharge such other duties and perform such other-functions as may be conferred or imposed on or assigned to him by or under this Act.
20. Reference by a Sarpanch to the Sub-divisional Officer in certain cases.- If in the opinion of the Sarpanch any decision of the Grama Panchayat-
(a) is subversive of peace and order in the locality; or
(b) results or is likely to result in any manifest injustice or unfairness to an individual or body of individuals or a particular community; or
(c) is likely to cause obstruction, annoyance or injury to the public or to any class or body of persons lawfully employed; or
(d) is likely to cause danger to human life, health or safety, or a not or affray; or
(e) is in contravention of the provisions of this Act and the rules made thereunder,
he shall refer the matter to the Sub-divisional Officer and act according to such directions as the Sub-divisional Officer may issue: in accordance with the provisions of this Act and the rules made thereunder.
21. Powers and functions of the Naib-Sarpanch.- (1) The Naib-Sarpanch shall exercise such powers, discharge such duties and perform such functions of the Sarpanch as the Sarpanch may from time to time delegate to him in writing and the Sarpanch-may in like manner withdraw any or all the powers, duties and functions so delegated.
(2) When the office of the Sarpanch falls vacant the Naib-Sarpanch shall for all the purposes of this Act exercise the powers, discharge the duties and perform the functions of the Sarpanch until a new Sarpanch is elected or nominated, as the case may be, to fill up the vacancy.
(3) In the absence of the Sarpanch the Naib-Sarpanch shall preside over the meetings of the Grama Panchayat and in the absence of both at the meeting any other member of the Grama Panchayat present may be elected to preside over the meeting.
(4) When the office of the Sarpanch is vacant or the Sarpanch has been continuously absent from the Grama for more than fifteen days or is incapacitated for more than fifteen days and there is other a vacancy in the office of the Naib-Sarpanch or the Naib-Sarpanch has been continuously absent from the Grama for more than fifteen days or is incapacitated for more than fifteen days the powers and functions of the Sarpanch shall devolve on a member of the Grama Panchayat from out of a panel of three such members in order of priority elected in the prescribed manner by the Grama Panchayat in that behalf, who shall be the officiating Sarpanch and shall exercise the powers and perform the functions of the Sarpanch subject to such restrictions and conditions, if any, as may be prescribed until a Sarpanch or Naib-Sarpanch assumes office on being duly elected or, as the case may be, takes charge of his office;
Provided that in the absence of any such panel or in the case of non-availability of the members on such panel the Sub-divisional Officer may nominate one of the members of the Grama Panchayat to officiate as the Sarpanch and to exercise the powers and perform the functions of the Sarpanch in accordance with the provisions of this sub-section.
22. Right of individual members.- Every member of the Grama Panchayat shall, subject to the rules made in that behalf, have the right to-
(a) access during office hours to the records of the Grama Panchayat after giving due notice to the Sarpanch,
(b) move resolutions and question any officebearer on matters connected with the administration of the Grama Panchayat; and
(c) inspect all works undertaken by the Grama Panchayat and all institutions under the direction, management or control of the Grama Panchayat and to bring to the notice of the Sarpanch the irregularities, if any, noticed during such inspection.
23. Resignation.- (1) A member or a Naib-Sarpanch of a Grama Panchayat may resign his office as such member or Naib Sarpanch by giving notice in writing to the Sarpanch.
(2) The Sarpanch may resign his office by giving notice in writing to the Sub-divisional Officer.
(3) Except in a case where the person resigning delivers notice of resignation under the foregoing sub-sections personally to the Sarpanch or to the Sub-divisional Officer, as the case may be, the Sarpanch or the Sub-divisional Officer on receipt of such notice shall, as soon as may be, obtain confirmation from the person concerned as to its genuineness.
(4) A resignation on the basis of a notice therefor under sub-section (1) or sub-section (2) delivered personally or confirmed as aforesaid shall take effect on and from the date on which such notice was received or, as the case may be, the date on which the confirmation was obtained.
(5) In the case of any resignation taking effect in accordance with sub-section (4)-
(a) the Sub-divisional Officer shall forthwith inform the Naib-Sarpanch about the resignation of the Sarpanch; and
(b) the Sarpanch shall, in respect of the resignation of a member or the Naib-Sarpanch place the matter at the next meeting of the Grama Panchayat for its information.
24. Vote of no-confidence against Sarpanch or Naib-Sarpanch.- (1) Where at a meeting of the Grama Panchayat specially convened by the Sub-divisional Officer in that behalf a resolution is passed, supported by a majority of not less than two-thirds of the total membership of the Grama Panchayat, recording want of confidence in the Sarpanch or Naib-Sarpanch the resolution shall forthwith be forwarded, by the Sub-divisional Officer to the Collector, who shall immediately on receipt of the resolution publish the same of his notice board and with effect from the date, of such: publication the member holding the office of Sarpanch or the Naib-Sarpanch, as the case may be, shall be deemed to have vacated such-office.
(2) In convening a meeting under sub-section (1) and in the conduct of business at such meeting, the procedure shall be in accordance, with such rules, if any, as may be prescribed, subject however to the following provisions, namely:-
(a) no such meeting shall be convened except on a requisition signed by at least one third of the total membership of the Grama Panchayat along with a copy of the resolution-proposed to be moved at the meeting;
(b) the requisition shall be addressed to the Sub-divisional Officer;
(c) the Sub-divisional Officer on receipt of such requisition shall fix the date, hour and place of such meeting and give notice of the same to all the members holding office on the date of such notice along with a copy of the requisition and of the proposed resolution, at least fifteen clear days before the date so fixed;
(d) the aforesaid notice shall be sent by post under certificate of posting and, a copy thereof shall be published at least seven days prior to the date fixed for the meeting in the notice-board of the Samiti;
(e) the proceedings of the meeting shall not be invalidated merely on the ground that the notice has not been received by any member;
(f) the Sub-divisional Officer or if he is unable to attend, any Gazetted Officer specially authorised by him in that behalf shall preside over, conduct and regulate the proceedings of the meeting;
(g) the voting at all such meetings shall be by secret ballot;
(h) 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 Sarpanch or Naib-Sarpanch, as the case may be, shall be taken up for consideration at the meeting;
(i) if the number of members present at the meeting is less than two-thirds of the total membership of the Grama Panchayat, the resolution shall stand annulled;
(j) if the resolution is passed at the meeting supported by the majority as specified in sub-section (1) the presiding officer shall immediately forward the same in original along with the record of the proceedings to the Collector who shall forthwith publish the resolution in accordance with the provisions of sub-section (1); and
(k) where any Gazetted Officer presides at the meeting he shall, without prejudice to the provisions of clause (j), also send a copy of the resolution to the Sub-divisional Officec for information and such action as-may-be necessary.
(3) When a meeting has been held in pursuance of sub-section (2) for recording want of confidence in the Sarpanch or Naib-Sarpanch, 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 cases falling under clause (i) of sub-section (2); and
(b) one year from the date of the meeting in cases falling under clause (j) of the said sub-section, or in cases where the resolution is defeated after being considered at such meeting.
(4) Without prejudice to the provisions of sub-section (3) no requisition under sub-section (2) shall be maintainable in the case of a Sarpanch or Naib Sarpanch, as the case may be, before the expiry of one year from the date on which such Sarpanch or Naib-Sarpanch enters office.
Explanation-The expression "total membership of the Grama Panchayat" shall refer to the total number of members specified in sub-section (1) of section 10 together with the number of members, if any, actually holding office at the relevant date in pursuance of sub-section (3) of the said section.
25. Disqualification for membership of Grama Panchayat.- (1) A person shall be disqualified for being elected or nominated as a Sarpanch or any other member of the Grama Panchayat constituted under this Act, if he-
(a) is not a citizen of India; or
(b) is not on the electoral roll in respect of the Grama or of the ward, as the case may be; 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 tuberculosis; or in the opinion of the District Leprosy Officer is suffering from an infectious type of leprosy; or
(f) is convicted of an election offence under any law for the time being in force; or
(g) is convicted for an offence involving moral turpitude and sentenced to imprisonment of not less than six months unless a period of five years has elapsed since his release or is ordered to give security for good behaviour under section 110 of the Code of Criminal Procedure, 1898 (5 of 1998); or
(h) holds any office of profit under the State or Central Government or any local authority; or
(i) is a teacher in any school recognised under the provisions of the Orissa Education Code for the time being in force; or
(j) holds the office of a Minister either in the Central or State Government; or
(k) has been dismissed from the service of the State or Central Government or of any local authority; or
1[(l) being a member of a Co-operative Society, has failed to pay any arrears of any kind accrued due by him to such society before filing of the nomination paper in accordance with the provisions of this Act and the rules made thereunder:
Provided that in respect of such arrears a bill or a notice has been duly served upon him and the time, if any, specified therein has expired; or]
(m) is in the habit of encouraging litigation in the Grama and has been declared to be so on enquiry by the Collector in the prescribed manner or by any other authority under any law for the time being in force; or
(n) is interested in a subsisting contract made with or in any work being done for the Grama Panchayat or the Samiti, or any Government except as a share-holder other than a Director in an incorporated company or as a member of a Co-operative Society; or
(o) is a paid and retained legal practitioner on behalf of the Grama Sasan; or
(p) is a member of the Orissa Legislative Assembly or of either of the Houses of Parliament; or
(q) is a member of the Samiti elected under clause (d) of sub-section (1) of section 16 of the Orissa Panchayat Samiti and Zilla Parishad Act, 1959 (Orissa Act 7 of 1960).
(2) A Sarpanch or any other member of a Grama Panchayat shall be disqualified to continue and shall cease to be a member if he-
(a) incurs any of the disqualifications specified in clauses (a) to (j) and clauses (m) to (p) of sub-section (1); or
(b) has failed to attend three consecutive ordinary meetings held during a period of four months commencing with effect from the date of the last meeting which he has failed to attend; or
(c) being a legal practitioner appears or acts as such against the Grama Sasan; or
1[(d) being a member of a Co-operative Society, has failed to pay any arrears of any kind accrued due by him to such society within six months after a notice in this behalf has been served upon him by the society.]
(3) Without prejudice to the provisions of the foregoing sub-sections the Sarpanch of a Grama Panchayat shall be disqualified to continue and cease to be the Sarpanch, if he fails to attend three consecutive ordinary meetings of the Samiti, of which he is a member, without the previous permission in writing of the said Samiti.
(4) Notwithstanding anything contained in the foregoing sub-sections-
(a) the State Government may remove any one or more of the disqualifications specified in clauses (f), (g) (k) and (l) of sub-section (1);
(b) when a person ceases to be a Sarpanch or Naib-Sarpanch or any other member in pursuance of clause (g) of sub-section (1) he shall be restored to office for such portion of the term of office as may remain unexpired on 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 State Government; and any person filling the vacancy in the interim period shall on such restoration vacate the office.
1. Substituted by the Orissa Grama Pancbayat (Amendment) Act, 1967 (Or. Act 4 of 1967), s. 3(a).
1. Substituted by the Orissa Grama panchayat (Amendment) Act, 1967 (Or. Act 4 of 1967), s. 3(b).
26. Procedure for giving effect to disqualification.- (1) Whenever it is alleged that any Sarpanch or Naib-Sarpanch or any other member is or has become disqualified or whenever any such person is himself in doubt whether or not be is or has become so disqualified such person or any other member may, and the Sarpanch at the request of the Grama Panchayat shall apply to the Collector for a decision on the allegation or doubt.
(2) The Collector may suo motu or on receipt of an application under sub-section (1), make such enquiry as he considers necessary and after giving the person whose disqualification is in question an opportunity of being heard, determine whether or not such person is or has become disqualified and make an order in that behalf which shall be final and conclusive.
(3) Where the Collector decides that the Sarpanch, Naib-Sarpanch or any other member is or has become disqualified such decision shall be forthwith published by him on his notice-board and with effect from the date of such publication the Sarpanch, Naib-Sarpanch or such other member, as the case may be, shall be deemed to have vacated office, and till the date of such publication he shall be entitled to act as if he was not disqualified.
Chapter-V - Conduct of Elections and Election Disputes
CHAPTER V
Conduct of Elections and Election Disputes
27. Mannee of holding election.- (1) The election of a member, Sarpanch and Naib-Sarpanch of a Grama Panchayat shall be held and conducted in the prescribed manner.
(2) Without prejudice to the provisions of sub-section (1) the State Government may make roles to provide for or regulate all or any of the following matters for the purpose of holding elections under this Act, namely:-
(a) the manner of splitting up of Electoral Rolls for the Assembly Constituencies into parts for the purpose of constituting one or more of such parts into the Electoral Roll for a Grama, Palli Sabha and a Ward, the manner of revision of such roll from time to time and the officer or authority by whom such splitting up or revision is to be carried out;
(b) the appointment of Election Officers, Presiding Officers, and such other officers with such designations as the State Government may deem fit for the conduct of elections;
(c) the nomination of candidates, form of nomination papers, objections to nominations and scrutiny of nominations;
(d) withdrawal of candidatures;
(e) the date, time and place of poll including-
(i) appointment of polling stations for each ward;
(ii) hours during which the polling station shall be kept open for casting votes;
(iii) preparation and issue of ballot papers;
(iv) the checking of voters by reference to the Electoral Roll;
(v) the manner in which votes are to be given;
(vi) scrutiny of votes, counting of votes, the declaration of results and the procedure in case of equality of votes;
(vii) the custody and disposal of papers relating to election; and
(f) any other matter relating to elections or election disputes in respect of which the State Government deem it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision and provision is in the opinion of the State Government necessary.
28. Bar against servants of State Government and Local ??? canvassing at elections.- No person who is in the service of the State Government or of any local authority shall, by canvassing on behalf of any candidate or otherwise, interfere or in anyway use his influence in an election and a breach of the provisions of this section shall render the person liable to have his services terminated.
29. Penalty for misconduct at elections.- (1) A person shall be guilty of an election offence if he-
(a) fraudulently defaces or otherwise alters or tampers or destroys any nomination paper or ballot papers; or
(b) fraudulently defaces, injures, disturbs, destroys or removes any list, notice or other documents affixed or otherwise published in accordance with the-provisions of this Act and the rules made thereunder; or
(c) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or
(d) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or
(e) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or
(f) obstructs or in any way interferes in the performance of the duties of any officer or servant appointed or employed for the purpose of holding and conducting elections; or
(g) being required by the provisions of this Act and the rules made thereunder to do any act or take any proceedings, neglects, or refuses to do any such act or to take any such proceedings.
(2) Any person guilty of an election offeace under this section shall be punishable on conviction with fine which may extend to rupees one hundred and when the offence is a coat inning one with a further fine which may extend to five rupees for every day after the date of the first conviction, during which the offender is proved to be a persistent committee of the offence.
30. ???.- No election of a person as a member of a Grama Panchayat or as a Sarpanch or Naib-Sarpanch held under this Act shall be called in question except by an election petition presented in accordance with the provisions of this Chapter.
31. Premonition of petitions.- (1) The petition shall be presented on one or more of the grounds specified in section 39 before the Munsif having jurisdiction over the place at which the office of the Grama Sasan is situated together with a deposit of such amount, if any, as may be prescribed in that behalf as security for costs within fifteen days after the date on which the name of the person elected is published under section 15:
Provided that if the office of the Munsif is closed on the last day of the period of limitation as aforesaid the petition maybe presented on the next day on which such office is open:
Provided further that if the petitioner satisfies the Munsif that sufficient cause existed for the failure to present the petition within the period aforesaid the Munsif may in his discretion condone such failure.
(2) No candidate who has been elected to be a member, Sarpanch or Naib-Sarpanch of a Grama Panchayat shall be debarred from holding office as such member, Sarpanch or Naib-Sarpanch merely by reason of any election petition having been filed against him unless his election has been declared void by the Munsif.
32. Parties to the petition.- (1) The petition may be presented by any person who has filed his nomination.
(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.
33. 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 Procedure, 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.
34. Relief that may be claimed by 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.
35. Procedure before the Munsif.- (1) Subject to the provisions of this Act and the rules made thereunder every election Petition shall be tried by the Munsif 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 Munsif 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 Munsif shall, for the purpose of deciding any issue receive so much evidence, oral or documentary, as he considers necessary and may require the production of any evidence.
(4) The Munsif 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 persons 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, 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 net 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 Mimsif otherwise directs, be deemed to be part of the costs.
(9) Any order as to costs passed by the Munsif 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.
1[35-A. Refund of security deposit.- Where no costs have been awarded, the whole of the security deposit, and in cases where any costs have been awarded, the balance, if any, of the security deposit after payment to any person towards costs may, on an application made in that behalf in writing to the Munsif by the person by whom the deposits have been made, or if such person dies after making such deposit, by the legal representative of such person, be returned to the applicant.]
1. Inserted by the Orissa Grama Panchayat (Second Amendment) Act, 1974 (Or. Act 9 of 1975), s. 5.
36. Appearance before the Munsif.- Any appearance, application or act before the Munsif may be made or done by the party in person or by a legal practitioner duly appointed to act on his behalf:
Provided that it shall be open to the Munsif to direct any party to appear in person, whenever he considers it necessary.
37. Power of Munsif.- The Munsif 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;
(g) issuing commissions for the examination of witnesses, and may summon and examine suo motu any person whose evidence appears to him 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.
38. Decision of Munsif.- (1) If the Munsif 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 Munsif finds that the election of any person was invalid, he 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) All orders of the Munsif shall, subject to the provisions of sub-section (4), be final and conclusive:
Provided that the Munsif may, on application presented within one month from the date of any of the orders made under this section by any person aggrieved, review such order on any ground and may pending the decision in review, direct stay of operation of such order:
Provided further that no application for review under the preceding proviso shall lie, if an appeal is preferred in accordance with the provisions or sub-section (4).
(4) Any person aggrieved by an order of the Munsif may within thirty days from the date of the order, prefer an appeal in such manner as may be prescribed before the District Judge having jurisdiction who shall after giving the parties an opportunity of being heard, confirm, reverse, alter or modify the order of the Munsif and pending disposal of such appeal may direct stay of operation of the said order.
39. Grounds for declaring election vide.- (1) The Munsif shall declare the election of a returned candidate void, if he is of the opinion-
(a) that on the date of his election the candidate was not qualified or was disqualified to be elected under the provisions of this Act or the rules made thereunder; or
(b) that any corrupt practice has been committed by the candidate; or
(c) that any nomination paper has been improperly rejected or accepted, or
(d) 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; or
(e) that there has been any non-compliance with or breach of any of the provisions of this Actor of the rules made thereunder:
Provided that in relation to matters covered by clause (a) the Munsif shall have due regard to the decision, if any, made under section 26 before making a declaration under this section.
(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.
40. Groudds for which a candidate the 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 Munsif 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;
he 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.
41. Corrupt practices.- The following shall be deemed to be corrupt practices for the purposes of this Chapter, namely:-
(1) ??? that is to say, any gift, offer or promise by a candidate or by any other person on his behalf or 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 at such election, or
(ii) as a reward to-
(a) a person for standing or refraining from ??? 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 does not include the payment of any expense, incurred bona fide for the purposes of such elections.
(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 ex-communication 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 be 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 of otherwise, of any vehicle or vessel or 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.
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 State Government or in the employ of any local authority.
42. Withdrawal of petition.- The petitioner may, at any time withdraw the election petition filed by him.
43. Abatement of petition.- An election petition shall abate only on the death of the petitioner.
Chapter-VI - Powers, duties and functions of Grama panchayats
CHAPTER VI
Powers, duties and functions of Grama panchayats
44. Obligatory function.- Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of a, Gurama Panchayat, within the limits of its funds to undertake, control and administer and be responsible for the following matte is in respect of the Grama, namely.-
(a) construction, repair, maintenance, alteration and improvements of public streets;
(b) lighting, watering and cleansing of public streets and other public places;
(c) the removal of unauthorised obstructions, projections and encroachments in or upon public streets and other public places;
(d) construction, maintenance and cleansing of drains and drainage works and all public latrines, urinals and similar conveniences and the disposal of drain water and sullage;
(e) construction and maintenance of works and means for supply of water for public and private purposes; and regulation of sources of water-supply for drinking purposes and storage of water supplied for drinking purposes;
(f) scavenging, removal and disposal of fifth rubbish and other obnoxious polluted matters;
(g) reclamation of unhealthy locality, the removal of noxious vegetation and generally the abatement of all nuisances;
(h) measures for preventing and checking the spread of epidemic or infectious and other dangerous diseases;
(i) regulation and abatement of offensive or dangerous trades or practices;
(j) the registration of births, deaths and marriages and maintenance of registers prescribed by or under this Act;
(k) the protection, maintenance and development of all properties vested in or entrusted to the management of the Grama Panchayat;
(l) establishment, management and maintenance of common grazing grounds and lands for common benefit of the people of the Grama;
(m) maintenance of records relating to cattle census, population census and other statistics as may be prescribed;
(n) registration of animals sold;
(o) regulation and control of movement of cattle for protection of crops;
(p) destruction of stray and ownerless dogs;
(q) rendering all reasonable assistance to the Samiti in matter of establishment and maintenance of schools for primary education;
(r) supervision and maintenance of village and field boundary marks and maintenance of village records when so required by the State Government;
(s) supervision and maintenance of soil conservation works;
(t) regulation of melas, fairs and festivals and establishment, maintenance and regulation of markets, hats and cart-stands including stands for carriage or motor vehicles within the meaning of the Motor Vehicles Act, 1939 (4 of 1939) and registration of sales of animals in such markets, hats and fairs within the Grama;
(u) preparation and execution of plants to advance agricultural conditions including improved methods of agriculture and control and eradication of pests; and
(v) fulfilment of any other obligation imposed by or under this Act or any other law for the time being in force.
45. Discretionary functions.- The Grama Panchayat may, if a majority of its members so decide, by a resolution, with the previous approval of the State Government, and shall, if the State Government so direct undertake within the Grama the control and administration of and be responsible for the following matters, namely:-
(a) planting and care of trees on the sides of public streets or in other public places vested in it;
(b) maintenance of village forest, declared as such by notification by the State Government for the purposes of this Act;
(c) improved breeding and medical treatment of cattle and prevention of cattle diseases;
(d) construction, maintenance and regulation of slaughter houses;
(e) assisting and advising agriculturists in reclaiming waste lands and cultivating follow lands;
(f) development of co-operation, promotion of co-operative stores for improved seeds and implements, arranging for co-operative management of land and other resources of the village and establishment of Goshalas and dairy farms on co-operative lines;
(g) relief from famine or other calamity;
(h) establishment and maintenance of libraries and reading rooms and providing for music and other entertainments in public places;
(i) organisation of fire services and protection of life and property in case of fire;
(j) maternity and child welfare and establishment of centres for the purpose;
(k) establishment and maintenance of Akharas and clubs and places for sports, games and other recreations;
(l) establishment and maintenance of ferries, fair weather roads, cattle pounds and imposition of fees therefor;
(m) establishment and maintenance of works for providing employment in time of scarcity and establishment of granaries;
(n) organisation, management and promotion of cottage industries and the establishment and maintenance of trading and other remunerative schemes;
(o) construction and maintenance of Dharma-salas and rest houses;
(p) organisation and maintenance of agricultural, and industrial exhibitions as are not managed by any other authority;
(q) statistics of unemployment;
(r) public vaccination and inoculation;
(s) control over the disposal of adulterated foodstuffs and unwholesome food and making of report to the appropriate authority under any law for the time being in force;
(t) adult education; establishment of primary schools either jointly with any other Grama Panchayat or otherwise with the prior approval of the Panchayat Samitis concerned;
(u) organising a body of Grama Swechha Sevaks for assisting the Grama Panchayat in the discharge of its functions in the matter of social services such as extinguishing village fire, protecting life and property when fire or flood occurs, disposing of dead bodies and rendering such other social and philanthropic services as may be specified by the State Government from time to time;
(v) prevention of gambling and implementation of the programme for prohibition;
(w) maintenance of village agricultural bunds situated on lands belonging to or vested in the State Government and construction of such bunds on any such land;
(x) the doing of anything the expenditure on which is declared by the State Government to be an appropriate charge on the Grama Fund; and
(y) any measure not hereinbefore specifically mentioned which is likely to promote public safety, health, convenience or general welfare.
46. Delegation of duties to Grama Panchayat by a local authority, the central or State Government.- Nothing in this Chapter shall be deemed to impose any duty or confer any power on the Grama Panchayat with respect to any matter which is under the direct administrative control of any other local authority or of any department of the Central or State Government, unless such duty or power has been transferred or delegated to the Grama Panchayat by order of the local authority or of the Central or State Government, as the case may be.
47. Power to execute works and take over institutions from State Government, Samiti and others.- (1) The State Government or the Samiti may, subject to such terms and conditions, if any, as they may deem fit to impose, entrust to the Grama Panchayat the execution, of any development work within the Grama with an estimated cost not exceeding the prescribed amount and it shall thereupon be the duty of such Grama Panchayat to undertake the execution of such work.
(2) Subject to the rules made in that behalf and the prior approval of the Collector, a Grama Panchayat may receive from any person and take over any property vested in him or the management of any institution or the execution or maintenance of any wort or the performance of any duty within the Grama on such terms as may be determined by the Collector.
48. Duties to advise on matters referred to Grama Panchayat.- It shall be the duty of the Grama Panchayat to advise the State Government on such matters as may be referred to the Grama Panchayat from time to time.
49. Public streets and water ways.- Subject to the provisions of any other law for the time being in force a Grama Panchayat shall have control of all public streets and waterways situated in the Grama not being private property and not being under the control of any other local authority, or the Central or State Government and may do all things necessary for the maintenance and repair thereof and may-
(a) construct new bridges and culverts;
(b) divert or close any such public street, bridge or culvert;
(c) widen, open, enlarge or otherwise improve any such public street, culvert or bridge and with minimum damage to the neighbouring fields, plant and preserve trees on the sides of such street;
(d) deepen or otherwise improve such waterways;
(e) with the sanction of the prescribed authority undertake small irrigation projects;
(f) trim branches of trees projecting on public streets;
(g) set apart by public notice any public source of water-supply for drinking or culinary purposes and likewise prohibit bathing, washing of clothes and animals or other acts likely to pollute the source so set apart:
Provided that nothing in this clause shall be deemed to authorise a Grama Panchayat to interfere with a canal governed by any other law for the time being in force without the prior permission of the prescribed authority.
50. Powers in respect of private water-supply.- (1) A Grama Panchayat may by written notice require the owner of or the person having control over a private water-course, spring, tank, well or other places the water of which is used by the public as a matter of right for drinking or culinary purpose, to take all or any of the following steps within a reasonable period to be specified in such notice, namely:-
(a) to keep and maintain the same in good repair;
(b) to clean the same from time to time of silt, refuge, of decaying vegetation;
(c) to protect it from pollution; and
(d) to prevent its use if it has become so polluted as to be prejudicial to public health.
(2) A person upon whom a notice has been served under sub-section (1) may within thirty days from the date of the notice appeal to the prescribed authority against the order contained in the notice whereupon the prescribed authority may stay the operation of the order contained in the notice till the disposal of the appeal and it may after giving such notice of the appeal to the Grama Panchayat concerned, modify, set aside or confirm the order:
Provided that the prescribed authority shall, when it confirms or modifies the order contained in the notice after expiry of the period mentioned therein, fix a fresh period within which the order contained in the notice, as confirmed or modified by it shall be carried out.
(3) If any person, upon whom a notice has been served as aforesaid and which has not been set aside by the prescribed authority, fails without sufficient reasons to comply with the order contained in the notice or the order as modified by the prescribed authority under sub-section (2) within the time specified in the notice or within the time fixed by the prescribed authority, as the case may be, the Grama Panchayat shall at its own expense take the necessary steps.
51. Duties of Grama Panchayat in respect of watter-supply.- The Grama Panchayat shall provide the Grama or any part thereof with a supply of water proper and sufficient for domestic purposes and for such purposes may-
(a) construct, repair and maintain tanks, wells or tubewells or lay service pipes and other water fittings for supplying water and clear out streams or watercourses;
(b) with the consent of the owner thereof and with the approval of a majority of the total memberships of the Grama Panchayat utilise, cleanse or repair any tank, well, stream or watercourse within the Grama or provide facilities for obtaining water therefrom; and
(c) do any other act necessary for carrying out the purposes of this section.
52. Improvement of sanitation.- (1) For the improvement of sanitation a Grama Panchayat may require, by order, the owner or occupier of any land or building-
(a) to close, remove, alter, repair, cleanse disinfect or put in good order any latrine urinal, water-closet, drain, cesspool or other receptacles for filth, sullage water rubbish or refuge pertaining to such land or building or to remove or alter any door or trap or construct any drain for any such latrine, urinal or wafer-closet which opens on to a street or drain, or to shut off such latrine, urinal or water-closet by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighbourhood;
(b) to cleanse, repair, cover, fill up, drain off, deepen, or remove water from a private well, tank, reservoir, pool, depression or excavation which may appear to the Grama Panchayat to be injurious to health or offensive to the neighbourhood;
(c) to clear off any vegetation, undergrowth prickly pear or scrub-jungle therefrom;
(d) to remove any dirt, dung, night-soil manures, or any obnoxious or offensive matter therefrom and to cleanse the land or building:
Provided that a person on whom an order under clause (b) is served may within thirty days of the receipt of the order appeal to the Sub-divisional Officer against the said order and that Officer may vary set aside or confirm such order.
(2) Without prejudice to the powers under sub-section (1), the Grama Panchayat, if it considers necessary in order to improve the drainage of the Grama or any part thereof, may-
(a) cause private drains to be constructed, altered or removed; or
(b) require by notice the owner or occupier of any land or building to construct private drains therefor or to alter or remove private drains thereof
53. Scavenging.- (1) Every Grama Panchayat may make adequate arrangements for-
(a) regular sweeping and cleansing of the streets and removal of sweepings therefrom;
(b) daily removal of filth and carcasses of animals from private premises;
(c) the daily removal of rubbish from dust-bins in private premises;
and with this object, it shall provide-
(i) depots for deposit of filth and rubbish and carcasses of animals;
(ii) covered vehicles or vessels for the removal of filth;
(iii) vehicles or other suitable means for the removal of the carcasses of large animals and rubbish;
(iv) dust-bins for the temporary deposit of rubbish;
(v) trenching ground for the deposit of night-soil; and
(vi) an establishment for carrying out the above purposes.
(2) No person shall, after due provision has been made under sub-section (1),-
(a) deposit the carcasses of animals, rubbish or filth in any street or on the verandah of any building or on any unoccupied ground along side any street or on the bank of any watercourse or tank; or
(b) deposit filth, carcasses of animals in any dust-bin or in any vehicle not intended for the removal of the same.
(3) Where no establishment is employed by a Grama Panchayat, the Grama Panchayat may by written notice require the owner or occupier of the land in the local area to cleanse such land to be satisfaction of the Grama Panchayat within a reasonable period.
54. Water ???.- The Grama Panchayat may, and when required by the residents of the local area, shall undertake discovery, removal and destruction of water hyacinth, prickly pear or any other agricultural pests on any land, premises or water as well as construction of fences and barriers to check its movement and may recover its cost from the residents of the locality concerned unless the local residents arrange for free labour for the purpose.
55. Industrial and factories dangerous and offensive ???.- (1) With the previous sanction of the Collector and notwithstanding anything contained in any other law for the time being in force, a Grama Panchyat may notify that no place within the local area of the Grama Sasan shall be used in the course of any trade, business or calling without a licence granted by it and except in accordance with the condition specified in such licence, for any one or more of the following purposes, namely:-
(a) washing soiled clothes and keeping soiled cloths for the purpose of washing them and washed clothes;
(b) boiling camphor;
(c) preparing chua;
(d) melting tallow or sulphur;
(e) dissolving silver and gold with nitric acid
(f) storing, boiling or otherwise dealing with manure, offal, bones, hides, fish, skins, horns or rags;
(g) tanning hides and skins, skinning or disemboweling of animals;
(h) washing or drying wool or hair
(i) preparing fish-oil, hydrogenated oils, ghee, butter and such other fat preparations;
(j) making soap, dyeing, boiling or pressing oil;
(k) manufacturing or distilling sago or keuda water, manufacturing artificial manure, manufacturing or refining sugar, manufacturing sugarcandy or jaggery, tanning or manufacture of leather or leather goods, manufacturing lac, manufacturing beedies;
(l) manufacturing gun-powder or fire-works;
(m) burning bricks, tiles, pottery or lime;
(n) keeping a public halting place, dharmasala, sarai, choultry or other rest house, keeping hotel, restaurant, eating-house, coffee house, tea stall, boarding house, or lodging house (other than a students' hostel under public or recognised control);
(o) keeping a shaving or hair dressing saloon;
(p) keeping together twenty or more sheep or goats or pigs or heads of cattle;
(q) preparing flour or articles made of flour for human consumption or sweetmeats;
(r) manufacturing ice or aerated water;
(s) selling timber or storing it for sale, storing or selling coal, storing hay, straw, wood, thatching grass, jute, coke, coal or charcoal or other dangerously inflammable materials;
(t) selling grain, groundnut, chillies or jaggery in wholesale or storing any of the said articles for wholesale trade;
(u) storing any explosive or combustible material or storing kerosene, petroleum, naptha or any inflammable oil or spirit;
(v) manufacturing anything from which offensive or unwholesome smell arises or which has been declared by the State Government by notification, to be dangerous or offensive;
(w) using for any industrial purpose any fuel or machinery; and
(x) in general, doing in the course of any industrial process anything which is likely to be offensive or dangerous to human life or health or property:
Provided that no notification under this sub-section shall take effect till sixty days from the date of publication thereof.
(2) The owner or occupier of every such place shall within thirty days of the publication of such notification apply to the Grama Panchayat for a licence for the use of such place for such purposes.
(3) The Grama Panchayat may, by an order and under such restrictions and regulations as it thinks fit, grant such licence or refuse to grant it.
(4) Every such licence shall expire at the end of the year unless for special reasons the Grama Panchayat specifies therein an earlier date, for its expiry.
(5) Application for renewal of such licences shall be made not less than thirty days before the end of every year and applications for licence for places to be newly opened shall be made not less than thirty days before they are proposed to be opened.
(6)(a) The power of the Grama Panchayat to grant a licence for the purpose of manufacturing gun-powder or fireworks or storing any explosive or combustible materials specified in clauses (1) and (u) of sub-section (1) shall be subject to the provisions of the Indian Explosives Act, 1884 (4 of 1884) and the rules framed thereunder and no such licence shall be granted unless the said provisions have been complied with by the applicant for the licence.
(b) The power of the Grama Panchayat to grant a licence for the purpose of storing kerosene, petroleum, naptha or any other inflammable oil or spirit specified in clause (u) of sub-section (1) shall be subject to the provisions of the Petroleum Act, 1934 and the rules framed thereunder and no such licence shall be granted unless the said provisions have been complied with by the applicant for the licence.
56. Control over places of public resort and entertainment.- With the previous intimation to the Collector a Grama Panchayat may notify that no enclosed place, building or tent situated within the Grama and covering an area of five hundred square feet or more shall be used by any person or party for the purpose of public resort or entertainment, the admission where to is regulated by payment of money, without obtaining a licence from it in the prescribed manner.
57. Power to levy fees for license under sections 55 and 56.- The Grama Panchayat may, subject, to such maximum as may be determined by; the State Government by notification in that behalf, levy a fee in respect of any licence or permission under sections 55 and 56 and the renewal thereof and may impose such conditions and restrictions on such licence as it may think necessary.
58. Markers.- (1) The Grama Panchayat may demarcate and provide places for use as public markets and close or suspend any such market or part thereof.
(2) Subject to such rules as may be prescribed, the Grama Panchayat may levy any one or more of the following fees in any public market at such rates not exceeding the maximum rates, if any, prescribed in that behalf and may place the collection of such; fees under the management of such person as may appear to it proper or may lease out such fees on such terms and conditions as the Grama Panchayat may deem fit-
(a) fees for the use of, or for the right to expose goods for sale in such market;
(b) fees for the use of shops, stalls, pens or stands in such market;
(c) fees on vehicles (including motor vehicles as defined in the Motor Vehicles Act, 1939) (4 of 1939), or park animals, bringing, or on persons carrying, any goods for sale in such market;
(d) fees on animals brought for sale; into or sold in such market;
(e) licence fees on brokers, commission agents, weighmen and measurers practising their calling in such market.
(3) A schedule of rates of fees in respect of every market specified in clauses (a), (b) and (d) of sub-section (2) shall be prepared by the Grama-Panchayat with the approval of the Panchayat Samiti in accordance with the rules made in that behalf, and the Grama Panchayat shall cause such schedule to be exhibited at a conspicuous place; within, the market.
(4) Where the market has been leased out, any contravention on the part of the lessee or of his agents of the provisions of the schedule specified in sub-section (3) shall render the lease liable to forfeiture and the lessee or his agent, as the, case may be, immediately responsible for such contravention shall be liable on conviction to be punished with a fine not exceeding rupees fifty.
(5) Notwithstanding anything to the contrary contained in the Orissa Agricultural Produce Markets Act, 1956 (Orissa Act 3 of 1957) where any area within the jurisdiction of any one or more Grama Panchayat has been declared to be a market area under section 4 of the said Act the Grama Panchayat or Panchayats concerned shall be paid such portion of the fees levied under section 11 thereof as maybe prescribed and thereupon no licence under sub-section (3) of the said section 4 shall be granted to any Grama Panchayat as aforesaid.
59. Private markets.- No person shall open a new private market after the commencement of this Act, or continue to keep open a private market unless he obtains from the Grama Panchayat a licence to do so for a period not exceeding one year in the prescribed manner and such licence may be renewed every year.
60. Licensing Private markets.- (1)(a) The Grama Panchayat shall grant the licence applied for in respect of a private market subject to such conditions as it may think fit as to sanitation and water-supply, and weights and measures to be used, and such other matters as may be prescribed.
(b) The Grama Panchayat may modify the conditions of the licence to take effect from a specified date.
(c) The Grama panchayat may at any time suspend on cancel any licence granted under clause (a) for breach of the conditions thereof.
(2) When a licence is granted under sub-sect ion (1) a fee not exceeding fifteen per cent of the gorss income of the owner from the market in the preceding year shall be charged by the Grama Panchayat for such licence.
(3) The Grama Panchayat may close a private market which is unlicensed or the licence for which has been suspended or cancelled or which is held or kept open contrary to the provisions of this Act.
61. Decision of disputes as to whether places are markets.- If any question arises as to whether any place is a market or not, the Grama Panchayat shall make a reference thereon to the State Government and their decision thereon shall be final.
62. Restriction of sale in markets.- No person shall sale or expose for sale any animal or article in any public or licensed private market without the permission of the Grama Panchayat or licensee, as the case may be, or of any person authorised by him.
63. Prohibition against sale in public roads.- The Grama Panchayat may prohibit by public notice or licence or regulate the sale or exposure for sale of any animals or articles in or upon any public street or place or part thereof.
64. Powers to dispose of corpses.- After the expiration of not less than twenty-four hours form the death of any person, the Grama Panchayt may, subject to the provisions of any other law, cause the corpse of such person to be burnt or buried and the expenses thereby incurred shall be recoverable as a debt due from the estate of such person:
provided that in every such case a corpse shall be disposed of, so far as may be possible, in a manner consistent with the religious tenets of the deceased:
Provided further that the Grama Panchayat may provide for the burial and burning of paupers free of charge within the limits of the Grama.
65. Registration of birth, deaths and marriages.- All births, deaths and marriages occurring within the Grama shall be registered in the prescribed manner.
66. Reporting of ??? and ??? diseases.- (1) It shall he the duty of the father or of the mother of every child born within the limits of the Grama or in case of death, absence or disability of the father or mother, the head of the family in which the child is born, or the occupier of the house to give information within fifteen days of such birth either in person or in writing to the person appointed by the Grama Panchayat in that behalf with such particulars as are required for the registration of the birth of such child.
(2) It shall be the duty of the head of the family in which any death has occurred or the occupier of the house to give information within fifteen days of the death either in person or in writing to the person appointed by the Grama Panchayat in that behalf with such particulars as are required for the registration of the death.
(3) It shall be the duty of the owner or occupier of a house, who knows or has reasons to believe that any person in any premises under his management, control or occupation is suffering from cholera or smallpox, to give information of the same with the least practicable delay, either in person or in writing, to the person appointed by the Grama Panchayat in that behalf.
(4) Upon receipt of any information under any of the preceding sub-sections the person appointed by the Grama Panchayat shall forthwith communicate the same to the Sarpanch whose duty it shall be to register the birth or death and in the case of an information under sub-section (3), to communicate the same to the prescribed authority within the prescribed period.
67. Penalty for neglect or refusal.- Any person who neglects or refuses to give any information which it is his duty to give under section 66 shall on conviction be liable to punishment with fine which may extend to rupees ten.
68. Penalty for contravention in licence in respect of use of premises.- Save as otherwise expressly provided in this Act, every person who, having the immediate control of any place or building within the Grama permits it to be used for any of the purposes in respect of which a licence is required under this Chapter without having obtained a licence therefor, or having obtained a licence permits such use in contra, vention of any of the conditions of such licence shall be liable on conviction to a fine which may extend to one hundred rupees for the first offence and if the offence be a continuing one, with a further fine which may extend to live rupees for every day after the first conviction during which an offender is proved to have persisted in the commission of the offence.
69. [Omitted].- 1[* * *]
1. Omitted by the Orissa Grama Panchayat (Second Amendment) Act, 1967 (Or. Act 16 of 1967) s. 2.
70. Post control and improved methods of husbandry.- (1) Notwithstanding anything contained in any other law the Grama Panchayat may, from time to time-
(a) whenever any occasion arises, declare the’ whole or any part of the Grama to be an agricultural post infected area and take steps for the eradication of the infection and for the said purpose issue necessary directions to the owners or growers of crops within the Grama; or
(b) call upon the inhabitants of the Grama in-accordance with a scheme made in that behalf to adopt improved methods of agriculture and animal husbandry with a view to iucrease agricultural production within the Grama and issue such direction as the Grama Panchayat may consider necessary in that behalf.
(2) The powers of the Grama Panchayat under sub-section (1) shall be exercised with the prior approval and subject to the control and direction of the State Government or the prescribed authority:
Provided that no action shall be taken under clause (b) of sub-section (1) unless objections from the inhabitants of the Grama have been called for in respect of the scheme referred to therein and considered and the scheme notified in accordance with the rules made in that behalf.
(3) On default of the persons to comply with any of the directions issued under the provisions of sub-section (1) the Grama Panchayat may take all such steps as it may consider necessary for the purpose and realise the expenditure incurred from the persons concerned.
(4) The recovery of expenses, if any, that may be made by the Grama Panchayat under sub-section (3) shall be in accordance with such principles and in such manner as having regard to the financial resources of the person concerned, the State Government may, by general by special order, direct.
Chapter-VII - Property and Contracts
CHAPTER VII
Property and Contracts
71. Vesting of Public properties in Grama Saaan.- (1) All property within the Grama of the nature hereinafter in this section specified, other than property maintained by any other local authority or the Central or State Government shall for the purposes of this Act vest in the Grama Sasan and shall, with all other properties of whatever nature or kind which may become vested in the Grama Sasan, be under its direction, management and control, that is to say-
(a) all public sewers and drains, and all works, material and things appertaining thereto and other, conservancy works;
(b) all sewage, rubbish and offensive matters deposited on the streets or collected by the Grama Panchayat from streets, latrines, urinals, sewers, cess-pools and other places;
(c) all public lamps, lamp posts and apparatus connected therewith or appertaining thereto; and
(d) all buildings or other works constructed by the Grama Sasan and all lands and buildings or other property transferred to the Grama Sasan by the Central or the State Government or acquired by gift, purchase or otherwise for local public purposes.
(2) The State Government may from time to time by general or special order made in that behalf exclude from the operation of this Act or any specified section of this Act any of the properties of the nature specified in sub-section (1).
(3) Properties within the Grama belonging to, maintained, managed or controlled by the State Government shall, on the issue of general or special orders made from time to time by the State Government in that behalf and subject to the provisions of this Act and the rules made thereunder, and to such terms and conditions as may be specified in such order, vest in the Grama Sasan and be under its management, direction and control.
(4) Without prejudice to the generality of sub-section (3) but subject to the provisions thereof, properties of the nature herein specified shall vest in the Grama Snsan and be under its management, direction and control, that is to say,-
(a) Village roads,
(b) Irrigation sources,
(c) Ferries,
(d) Waste lands and communal lands,
(e) Protected forests within the meaning of the Indian Forest Act, 1927 (16 of 1927) and unreserved forests within the meaning of the Madras Forest Act, 1882 (Madras Act 5 of 1982) in respect of the management, protection and maintenance thereof for timber, fuel, fodder and other purposes.
(f) Markets and fairs or such portions thereof as are held upon public land or upon land belonging to or under the control of Government together with such lands, and
(g) All income arising or accruing from any of the items of properties covered by the foregoing clauses.
72. Apportionment of income of ferries and markets.- (1) Whenever the State Government are of the opinion that-
(a) any ferry vested in the Grama Panchayat connects public streets under the management of the more than one local authority; or
(b) the residents within the jurisdiction of more than one local authority use any market or fair the right of management, regulation and control whereof is vested in the Grama Panchayat;
the State Government or the prescribed authority may from rime to time apportion the income of such ferry or, as the case may be, of the market or fair among the aforesaid local authorities in such manner and proportion as the State Government or the prescribed authority may decide.
(2) Notwithstanding anything contained in this Act whenever the State Government deem it expedient so to do they may by general or special order made in that behalf and subject to such conditions as may be specified therein, direct that the management, of any ferry or of any market or fair referred to in sub-section (1) shall vest in such person or authority as the State Government may deem fit.
73. Allocation of properties to and withdrawal of properties from the Grama Sasan.- (1) The State Government may allocate to a Grama Sasan any public property situated within the Grama and thereupon such property shall for the purposes of this Act and subject to such terms, conditions, limitations and restrictions as the State Government may from time to time impose in that behalf, vest in and come under the management and control of the Grama Panchayat.
(2) Whenever in respect of any property vested in or under the management and control of the Grama Sasan the State Government consider it expedient in the general public interest so to do or whenever in their opinion the Grama Panchayat has failed to make proper use of such property, they may by general or special order direct the withdrawal of such property from the Grama Sasan and thereupon such property shall vest in and be under the direction, management and control of the State Government:
Provided that the Grama Sasan upon such withdrawal shall not be entitled to any compensation except in respect of such improvements of a permanent nature made by the Grama Sasan as the State Government may deem proper.
74. Acquisition of land for Grama Sasan.- (1) Where for a Grsma Sasan any land or any right in land is required to carry out any of the purposes of this Act such Grama Sasan shall first negotiate with the person or persons having interest in the said land and if the parties fail to reach an agreement, such Grama Sasan may make an application to acquire the land or the right, as the case may be, in the prescribed form and manner to the Collector who may, if satisfied that the same is required for a public purpose take steps to acquire the same.
(2) Such land or such right shall on acquisition and on payment of compensation awarded in accordance with the law under which the acquisition was made vest in the Grama Sasan.
(3) Where in pursuance of the negotiations referred to in sub-section (1) the parties arrive at an agreement the Grama Sasan concerned may in accordance with the agreement, but subject to the prior approval of the Collector, acquire the land or the right which shall thereupon vest in and belong to such; Grama Sasan.
Explanation-"Land" includes immovable property of any kind and benefits which arise out of land and things attached to the earth or permanently fastened to anything attached to the earth.
75. Power to transfer management of property to Samiti or Parishad.- The Grama Panchayat may with the previous approval of the Collector place under the control and management of the Samiti or Parishad any property belonging to or under the control of such Grama Panchayat.
76. Disposal of property.- (1) With respect to the disposal of the property belonging to or vested in or under the direction, management and control of the Grama Sasan the following provisions shall subject to the rules made in that behalf have effect, namely:-
(a) no movable property, other than the usufruct of tanks and lands, shall be disposed of by the Grama Panchayat in any manner whatsoever unless there exists in corresponding provision in the budget of the Grama Panchayat for the year;
(b) no immovable property shall be disposed of-
(i) by sale, exchange, gift, mortgage or otherwise or by way of lease with permission for construction of permanent structures thereon without the prior sanction of the State Government; or
(ii) by way of case, not being a lease covered by sub-clause (i), for a period exceeding three years without the prior sanction of the Collector.
(2) The disposal of any property by the Grama Panchayat in contravention of sub-section (1) shall be invalid and of no effect.
77. Procedure for entering into contract.- With respect to the making of contracts the following provisions subject to the ??? if any, made in that behalf shall have effect, namely:-
(a) every such contract shall be made on behalf of the Grama Sasan by she Sarpanch;
(b) no such contract for any periods which in accordance with any provision of this Act, the Sarpanch any not any out without the approval or sanction of any authority specified in the Act or the rules made thereunto, shall be made by him until and unless such approval or sanction be obtained;
(c) no contract for the inquisition of immovable property shall be valid unless the controal has ??? approved by the prescribed stipluted ??? the price stipulated to ??? for such property exceeds the ???
Chapter-VIII - Taxation
Chapter-VIII
Taxation
78. [Omitted].- 1[* * *]
1. Omitted by the Orissa Grama Panchayat (Second Amendment) Act, 1967 (Or. Act 16 of 1967), s. 2.
Chapter-VIII
Taxation
79. [Omitted].- 1[* * *]
1. Omitted by the Orissa Grama Panchayat (Second Amendment) Act, 1967 (Or. Act 16 of 1967), s. 2.
Chapter-VIII
Taxation
80. [Omitted].- 1[* * *]
1. Omitted by the Orissa Grama Panchayat (Second Amendment) Act, 1967 (Or. Act 16 of 1967), s. 2.
Chapter-VIII
Taxation
81. [Omitted].- 1[* * *]
1. Omitted by the Orissa Grama Panchayat (Second Amendment) Act, 1967 (Or. Act 16 of 1967), s. 2.
Chapter-VIII
Taxation
82. [Omitted].- 1[* * *]
1. Omitted by the Orissa Grama Panchayat (Second Amendment) Act, 1967 (Or. Act 16 of 1967), s. 2.
CHAPTER VIII
Taxation
83. Taxes which may be levied by the Grama Panchayats.- Subject to the provisions of this Act and the rules made thereunder it shall be competent for a Grama Panchayat for purposes of this Act to levy all or any of the following taxes, rates of fees, namely:-
(a) 2[* * *]
3[(b) a tax payable by owners of vehicles (hereinafter referred to as vehicle tax) suitable for use on roads and specified in the schedule where such vehicles are kept or used within the Grama)]
4[(c) a latrine or conservancy tax payable by the occupiers or owners of lands and buildings situated within the limits of the Grama in respect of private latrines, privies or cess-pools or in respect of premises or compounds cleaned by the Panchayat agency at such rates as may be prescribed subject to a maximum of six rupees per year;].
(d) a water-rate where water is supplied by the Grama Panchayat, based on the costs of supply of water and of maintenance of water-supply schemes;
(e) a lighting rate where the lighting of public street places or buildings is undertaken by the Grama Panchayat based on the cost of lighting and of maintenance of works required for the purpose;
5[(f) a drainage tax payable by the owners of lands and buildings situated within the limits of the Grama, where a system of drainage has been introduced by the Grama Panchayat, at such rates as may be prescribed subject to a maximum of three rupees per year;]
(g) a fee on private markets, cart-stands and slaughterhouses within the Grama;
(h) a fee on animals brought for sale into or sold in a public market within the Grama;
(i) fees for regulating the movement of cattle as may be considered necessary by the Grama Panchayat for the protection of crops raised within, the Grama;
(j) fees for use of any buildings or structures-shops, stalls, pens or stands in the market referred to in clause (b) of sub-section (2) of section 58;
(k) fees for use of slaughter houses and cart-stands maintained by the Grama Panchayat;
(l) rent from dealers temporarily occupying open grounds or any structure or building belonging to or maintained by the Grama Panchayat;
(m) licence fees on brokers, commission agents, weighmen and measurers practising their calling within the Grama;
(n) any other tax, rate or fee which the Grama Panchayat is empowered to impose by any law for the time being in force; and.
(o) any other tax, toll, fee or rate, as may be decided by the Grama Panchayat subject to the approval of the State Government.
2. Omitted by ibid, s. 3(a).
3. Inserted by the Orissa Grama Panchayat (Amendment) Act, 1973 (Or. Act 29 or 1975), s. 2, which was omitted by Or. Act 16 of 1967 s. 3(a).
4. Substituted by the Orissa Grama Panchayat (Second Amendment) Act, 1967 (Or. Act 16 of 1967), s. 3(b).
5. Substituted by ibid, s. 3(c)
84. [Omitted] 1[* * *]
1. Sections 84 and 83 omitted by the Orissa Grama Panchayat (Second Amendment) Act, 1967 (Or. Act 16 of 1967), s. A.
85. [Omitted] 1[* * *]
1. Sections 84 and 83 omitted by the Orissa Grama Panchayat (Second Amendment) Act, 1967 (Or. Act 16 of 1967), s. A.
2[86. Vehicle tax.- (1) When it has been determined by the Grama Panchayat that a tax on vehicles specified in the Schedule shall be imposed, the Grama Panchayat shall make an order that the owner of every such vehicle which is kept or used within the Grama shall pay the tax in respect of such vehicle and shall cause such order to be published in the prescribed manner.
(2) Such, order shall be published at least one month before the beginning of the half-year in which such tax will first take effect.
(3) Such tax shall not be imposed on vehicles kept for sale by any bona fide dealer in such vehicles.
(4) The time and manner of payment of tax, refund, proportionate payment or composition thereof or exemption therefrom and liability to payment of tax on transfer of ownership of vehicle shall be as may be prescribed.
2. Sections 36-89 substituted by the Orissa Grama Panchayat (Amendment) Act, 1975 (Or. Act 29 of 1975), s. 3, for section 89.
87. Grant of licence on payment of vehicle tax.- (1) On receiving the amount of tax due to it, the Grama Panchayat shall give the person paying the same a licence for the vehicle for the period in respect of which the amount is received.
(2) Such licence shall be for the current year or half-year as the Grama Panchayat thinks fit.
(3) A Grama Panchayat licence showing the prescribed particulars shall be affixed to every vehicle at a conspicuous place so as to be distinctly visible.
88. Lability in absence or owner and prohibition to keep vehicle without licence.- (1) Whenever the owner of the vehicle liable to pay the vehicle tax is not resident within the Grama to which tax is due, the person in whose immediate possession the vehicle is for the time being kept, shall pay the tax and take out the licence for the same.
(2) No person shall keep any vehicle specified in the Schedule within the Grama or be in possession of any such vehicle kept within the Grama without the licence required under this Act.
89. Limits on double taxation in respect of vehicles.- (1) Notwithstanding anything to the contrary in any other law for the time being in force, where a person is liable to pay the vehicle tax in respect of a vehicle for any particular period under this Act and also under the Orissa Municipal Act, 1950 (Orissa Act 23 of 1950) and if he proves that the tax has been paid-
(a) to any Grama Panchayat, he shall not be liable to pay such tax to any other Grama Panchayat; nor shall he be liable to pay the same to any Municipal or Notified Area Council except to the extent of the excess of the dues to the Council over the amount paid to the Grama Panchayat; or
(b) to any Municipal or Notified Area Council, he shall not be liable to pay such lax to any Grama Panchayat, but such Council shall pay to the Grama Panchayat concerned, the amount due under this Act, if the said amount is less than the amount paid to the Council.
(2) Any dispute arising under this section between two or more Grama Panchayats or between Grama Panchayats and Municipal or Notified Area Councils, shall be referred to the State Government or the prescribed authority whose decision shall be final.
(3) For the removal of doubts it is hereby declared that nothing in this section shall apply in respect of a vehicle referred to in the Schedule when such vehicle is neither kept nor used within the limits of a Grama.]
90. Assessment review and revision.- Save as otherwise provided in this Act-
(a) the assessment of taxes and prevention of evasion of taxes under the provisions of this Chapter, the modification or revision of such assessments, the preparation of assessment lists and alteration thereof shall be as may be prescribed;
(b) the Collector may on the application of any party on whom any tax, toll, rate or fee has been imposed or on his own motion review of revise the tax, toll, fee or rate.
91. Power of Collector to require the Grama Panchayat to impose tax.- Whenever it appears to the Collector that the balance of the Grama Fund of a Grama Panchayat or its income is insufficient for the discharge of its duties or obligatory functions imposed upon it by this Act or for the performance of any duties in respect of which it shall have been declared in accordance with the provisions of this Act to have committed default, the Collector may require the Grama Panchayat to impose any tax which it is empowered to impose or to enhance any existing tax in such manner or to such extent as the Collector may deem fit and the Grama Panchayat shall forthwith proceed to impose or enhance in accordance with the requisition such tax under the provisions of this Chapter, as if the Grama Panchayat had itself taken a decision in that behalf-
(a) the Collector shall fake into consideration any objection which the Grama Panchayat or any inhabitant of the Grama may make against the imposition or enhancement of such tax;
(b) it shall not be lawful for the Grama Panchayat without the sanction of the Collector to abandon or modify or to abolish such tax when imposed;
(c) the Collector may at any time by notification, abolish or reduce the amount of rate of any tax levied or enhanced under this section and the leavy of the tax or enhancement, except as to arrears theretofore accrued due, shall thereupon cease or be modified accordingly.
92. Formal detects not to invalidate tax and Government properties a at to be exempted from tax.- (1) A tax imposed under this Act shall not be invalid for defect of form and where any property is described for the purpose of assessing any such tax, it shall be sufficient to describe it so that it shall be generally known and it shall not be necessary to name the owner or occupier.
1[(2) Nothing in this Act shall be construed so as to exempt the properties belonging to or vested in the State Government from any liability in respect of any tax or rate referred to in clauses (c) to (f) of section 83.]
1. Substituted by the Orissa Grama Panchayat (Second Amendment) Act, 1967 (Or. Act 16 of 1567) s. 6.
Chapter-IX - Finance
CHAPTER IX
Finance
93. Grama Fund.- (1) There shall be constituted a Grama Fund for every Grama Sasan and to the credit of the said fund, shall be placed-
(a) all proceeds of any tax, toll, fee or rate ??? under the provisions of this Act;
(b) all fines imposed and realised under this Act in respect of offences committed within the jurisdiction of the Grama Sasan in proceedings instituted under this Act, of Under any other Act or rules in which provision is made for the credit of such fines to Grama fund;
(c) all sums order by a Court to be placed at the credit of the Grama Fund;
(d) all proceeds of the disposal of property by or on behalf of the Grama Sasan;
(e) all income accruing from any property or institution or undertaking or work belonging to or vested in or under the direction, management and control of the Grama Sasan;
(f) all moneys received by way of penalty, compensation or for compounding offences under the provisions of this Act or the rules made thereunder;
(g) all income from any scheme undertaken by the Grama Panchayat on its own account or on behalf of Government or any local authority;
(h) all moneys assigned to the Grama Sasan by Government or Samitis for the establishment or maintenance of institutions.
(i) such portion of the rent or other proceeds of Government properly as the State Government may direct to be placed to the credit of the Grama Fund;
(j) all other sums assigned to the Grama Fund by special or general orders of State Government from out of Government revenues, or otherwise;
(k) all sums received by way of loan, gift or contributions or other grants from any source whatsover by or on behalf of the Grama Sasan;
(l) all sums received on account of cesses under the Orissa Cess Act, 1962 (Orissa Act 11 of 1962);
(m) all interest and profits arising from any investment of, or from any transaction in-connect ion with, any money belonging to the Grama Sasan;
(n) the balance, if any, standing at the commencement of this Act at the credit of the Grama Fund.
(2) Nothing in this section or in this Act shall affect any obligation of a Grama Sasan arising from a trust legally imposed upon or accepted by it.
94. Vesting, custody and investment of Grama Fund.- (1) The Grama Fund shall vest in the Grama Sasan and held by it in trust for the purposes of this Act subject to the provisions therein colained.
(2) The Grama Fund shall be deposited in the name of the Grama Panchayat in the savings Bank of the nearest Post Office and if there is a treasury or sub-treasury nearer than a Post Office, the Grama Panchayat shall open a personal ledger account with the treasury and the Grama Fund shall be deposited in it; and at no time the cash balance in the custody of the Sarpanch shall exceed the sum fixed by the Collector:
Provided that the Grama Panchayat may deposit any part of the Grama Fund as it may decide in such Central Co-operative Bank as may be approved by the Registrar of Co-operative Societies.
(3) A Grama Panchayat may invest any surplus amounts from out of its Grama Fund in Government securities issued either by the State Government or Government of India or in such other securities including savings certificates or in fixed, current or savings deposits in Co-operative Societies approved by the Registrar of Co-operative Societies, Orissa in buying debentures of Orissa Provincial Co-operative Land Mortgage Bank, Limited, or with the approval of the State Government in purchasing shares in the Graingola Societies or approved Societies other than Graingolas or in Government companies within the meaning of the Companies Act, 1956 (1 of 1956).
95. Power to borrow.- The Grama Sasan may with the previous sanction of the State Government and subject to the provisions of this Act and rules made thereunder borrow money from the State Government, any local authority, or any individual or body of individuals corporate or not to carry out its purposes:
Provided that nothing containd in the Local Authorities Loans Act, 1914 (9 of 1914) and the rules made thereunder shall apply in respect of money borrowed from the State Government after the Commencement of this Act.
96. Priority of payments out of Grama Fund.- (1) Except as otherwise provided in this Act the Grama Panchayat shall set apart and apply annually out of the Grama Fund-
(a) firstly, such sum as may be required for repayment of and the payment of interest on any loan:
(b) secondly, liabilities and obligations arising from a trust legally imposed upon or accepted by the Grama Sasan;
(c) thirdly, such sum as may be required to provide for payment towards salaries, allowances and meeting of other expenditure relating to the establishment of the Grama Sasan;
(d) fourthly, such sum as may be required for the maintenance of services as may have been undertaken by the Grama Sasan; and
(e) fifthly, subject to such exemptions as the State Government may from time to time direct, all expenses, if any, incurred by the State Government in the preparation of electoral rolls, the publication of nominations and result of elections, holding of elections and in matters ancillary or incidental thereto, excluding travelling allowance of officers of the State Government.
(2) Notwithstanding anything to the contrary contained in this Act moneys received by way of loan, gift contribution or grants from any source whatsoever for any specific object shall not be expended on any other object.
97. Application of property and Grama Fund.- (1) All property vested in the Grama Sasan under this Act, all funds received by it in accordance with the provisions thereof and all sums accruing to it under the provisions of any law for the time being in force shall, subject to the provisions of this Act and the rules made thereunder, be applied for the purposes of this Act within the limits of the Grama.
(2) Notwithstanding anything in sub-section (1) it shall be lawful for the Grama Panchayat with the prior approval of the Collector and subject to the rules made in that behalf-
(a) to make contribution towards expenditure incurred by any other local authority or out of any public fund for measures affecting education, health, safety, or convenience of the public calculated to benefit the residents of the Grama; or
(b) to create scholarships tenable outside the limits of the Grama; or
(c) to make any other kind of contributions for any other purpose within or outside the limits of the Grama calculated to be in furtherance of the cultural and economic development of the residents of the Grama.
98. Budget estimate of the Grama Panchayat.- (1) The Sarpanch shall in each year prepare and place before the Grama Panchayat for its consideration a budget estimate showing the probable receipts and expenditures for the following year and the Grama Panchayat shall, with such modifications as it thinks fit, submit the budget to each of the Palli Sabhas within the Grama for their recommendation under sub-section (6) of section 6 and shall thereafter submit the same, along with the recommendations, if any, of the Palli Sabhas, to the Grama Sasan for its recommendations under clause (a) of sub-section (3) of section 5.
(2) If during the course of any year the Grama Panchayat finds it necessary to alter the figures shown in the budget with regard to its receipts or to the distribution of the amount to be expended on different services undertaken by it a supplementary or revised budget may be framed by the Sarpanch and considered by the Grama Panchayat and with such modifications, if any, as it may think fit to make the budget shall, in the prescribed manner, be submitted to the Grama Sasan for its recommendations under clause (d) of sub-section (3) of section 5.
(3) On receipt of the recommedations of the Grama Sasan on the annual budget or, as the case may be, the supplementary or revised budget the Grama Panchayat shall, after considering the said recommendations, sanction the same with such modifications as it thinks fit and the budget estimate so sanctioned shall be submitted by the Grama Panchayat on or before such date as may be prescribed, to the Samiti for its approval and if the Samiti is satisfied that adequate provisions have not been made therein for the performance of any necessary service or services, it shall have the power to modify the budget in such manner as may be necessary to secure such provisions, and such modifications, if any, shall be made within the prescribed period failing which the budget shall become final.
(4) Save as otherwise expressly provided in this Act or the rules made thereunder no expenditure in excess of the annual budget estimate shall be incurred by the Grama Panchayat unless such excess has been adequately provided for in the supplementary or revised budget estimates prepared in accordance with the provisions of this section.
(5) Subject to the provisions of this Act the annual budget estimate or the supplementary or revised budget estimate shall contain such particulars as may be prescribed:
Provided that in every annual budget estimate provision shall be made for the minimum working balance as may be determined by the Collector from time to time excluding, however, the income from endowments and grants.
99. Default in submitting budget to Samiti.- If the Grama Panchayat fails to submit the annual budget estimate to the Samiti in accordance with sub-section (4) of section 98, such Samiti may subject to the control of the State Government and in accordance with the rules or orders if any, made in that behalf prepare and sanction such budget estimates for the relevant year and certify the same to the Grama Panchayat within the prescribed period and the estimates so certified shall be the annual budget estimates of the Grama Panchayat for all purposes for that year.
100. Audit and accounts.- (1) The Grama Panchayat shall keep regular accounts of receipts to and disbursement from the Grama Fund and such accounts shall be published in the prescribed manner.
(2) The provisions of the Orissa Local Fund Audit Act, 1948 (Orissa Act 5 of 1948) shall subject to the other provisions of this section apply in regard to audit of the Grama Fund.
(3) Notwithstanding anything to the contrary in the aforesaid Act for the purposes of the provisions thereof in their application to the audit of the Grama Fund-
(a) the Director of Grama Panchayats shall be the Examiner of Local Accounts and the State Government may, by notification, appoint such number of Deputy or Assistant Examiner of Local Accounts, as they may consider necessary, to exercise such powers and discharge such functions of the Examiner of Local Accounts; and the said Examiner may also appoint such number of auditors as he may deem necessary to be the auditors under the said Act;
(b) the Examiner of Local Accounts, whenever he deems it fit so to do, may direct an audit by way of are auditor a special audit of the account of the Grama Fund;
(c) whenever in course of an inspection by any authority, empowered in that behalf by or under this Act, any shortage or deficiency or irregularity is revealed in the cash balance or the maintenance thereof, the Examiner of Local Accounts may start proceedings under section 9 of the Orissa Local Fund Audit Act, 1948 (Orissa Act 5 of 1948) before any audit is made or the audit report is delivered under section 8 of the said Act;
(d) every Auditor shall have all the powers vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit, in respect of the following matters, namely:-
(i) summoning and enforcing the attendance as a witness of any person; and
(ii) compelling the production of documents;
(e) any such person who on being summoned under clause (b) without reasonable cause neglects or refuses to attend or to produce any document or attends and refuses to be sworn or to be examined shall be liable on conviction to be punished with a fine which may extend to a sum of rupees one hundred:
Provided that no such person shall be prosecuted without the previous sanction of the Examiner of Local Accounts; and
(f) the Examiner of Local Accounts, for reasons to be recorded in writing, may during the course of the proceedings under section 9 of the Orissa Local Fund Audit Act, 1948 (Orissa Act 5 of 1948) or at any time thereafter but before the expiry of the period specified for the filing of an appeal under section 11 thereof, rescind the certificate, or modify the amount certified and issue a fresh certificate or direct a fresh or further audit of the accounts according as he deems fit:
Provided that where a fresh certificate is issued under this clause the period specified in sub-section (1) of section 10 or in sub-section (1) of section 11 of the said Act shall be reckoned from the date of such certificate or of the communication of the order, as the case may be.
(4) Nothing contained in this Act, or in the Orissa Local Fund Audit Act, 1948 (Orissa Act 5 of 1948) shall be construed so as to debar the Examiner of Local Accounts if he deems it fit so to do, from taking steps under the provisions of this section in respect of any loss, or waste relating to or the misapplication of the Grama Fund by proceeding to surcharge or charge any member or ex-member of the Grama Panchayat where such loss, waste or misapplication is a direct consequence of the neglect or misconduct of such member or ex-member.
(5) The State Government may at any time for sufficient reason notwithstanding anything in this section or in the Orissa Local Fund Audit Act, 1948 (Orissa Act 5 of 1948) condone in whole or in part any amount certified under section 9 of the said Act.
Chapter-X - Recovery of Claims
CHAPTER X
Recovery of Claims
101. Date and manner or payment of taxes, etc.- The 1[* * *] latrine or conservancy tax, the drainage fee and the water-rate shall be payable on such dates and in such manner as may be prescribed.
1. Omitted by the Orissa Grama Panchayat (Second Amendment) Act, 1967 (Or. Act 16 of 1967), s. 7.
102. Recovery of taxes and other dues.- (1) When any amount on account of any tax, toll, rate, rent or fee or any sum on any account whatsoever has become due the Grama Panchayat shall with the least practicable delay, cause to be presented to the person liable for the payment thereof a bill in the prescribed form for the amount due from him.
(2) If the person to whom in bill has been presented as aforesaid does not, within fifteen days from the presentation thereof either-
(a) pay the sum claimed as cue on the bill;or
(b) show cause to the satisfaction of the Grama Panchayat why he should not pay the same; or
(c) prefer an appeal in accordance with sub-section (3) against the claim,
the Grama Panchayat may cause to be served upon such person a writ of demand in the prescribed form.
(3) An appeal against any claim included in a bill presented under sub-section (2) may be filed in the prescribed manner before the Sub-divisional Officer within the period of fifteen days specified in the said sub-section and the decision of the Sub-divisional Officer shall, subject to the decision in revision filed in the prescribed manner and within the prescribed time before the Collector, be final:
Provided that no revision shall be entertained by the Collector against the orders of the Sub-divisional Officer confirming the liability of the claimant to the whole or any part of the amount claimed in the bill unless along with the application for the revision the claim amount as decided by the Sub-divisional Officer is deposited with the Grama Panchayat.
(4) The presentation of every bill under sub-section (1) and the service of every writ of demand under sub-section (2) shall be effected by an officer or servant of the Grama Panchayat authorised in this behalf-
(a) by giving or tendering the bill or writ to the person to whom it is addressed; or
(b) if such person is not found, by leaving the bill or writ at his last known place of abode, if within the limits of the Grama or by giving or tendering the bill or writ to some adult male member or servant of his family; or
(c) if such person does not reside within the limits of the Grama, and his address elsewhere is known to the Sarpanch or other person directing the issue of the bill or writ, then by forwarding the bill or writ to such person by registered post, under cover bearing the said address; or
(d) if none of the means aforesaid be available, then by causing the bill or writ to be affixed on some conspicuous part of the building or land, if any, to which the bill or writ relates in the presence of at least two respectable inhabitants of the locality.
(5) If the sum for which a writ of demand has been served is not paid within fifteen days from the date of such service, the Panchayat may levy such sum by distraint and sale of the movable property of the defaulter in the prescribed manner.
(6) Fees for-
(a) every writ of demand issued under sub-section (2),
(b) every distress made under sub-section (5),
(c) the cost of maintaining any live-stock seized under sub-section (5),
shall be chargeable at such rates as may be prescribed.
(7) If a Grama Panchayat is unable to realise the tax, toll, rate, rent or fee or any sum on any account whatsoever as aforesaid it may apply to the collector to recover the same as a arrear of land revenue and on receipt of such application the Collector shall, after holding such enquiry as he thinks fit, proceed to recover the sum as an arrear of land revenue unless such sum is directed to be written off by the Grama Panchayat under section 104.
1[103. Recovery of vehicle taxes by seizure of vehicle.- (1) Without prejudice to the other provisions of this Chapter the Grama Panchyat may at any time seize and detain the vehicle in respect of which vehicle tax is due but has not been paid:
Provided that no vehicle, other than a bicycle, shall be seized or detained when actually employed in conveyance of any passenger or goods.
(2) If the vehicle seized be not claimed and tax due thereon is not paid within fifteen days from the date of seizure the Grama Panchayat may direct that the vehicle be sold in public auction and the proceeds of sale applied to the payment of-
(a) tax, if any, due on the vehicle sold;
(b) such penalty not exceeding the amount it of tax as the Grama Panchayat may direct; and
(c) the expenses incurred in connection with the seizure, detention and sale, and the excess amount, if any, remaining after payment of the aforesaid dues shall be paid to the owner of the vehicle or other person entitled thereto.
(3) If the owner of the vehicle or other person entitled thereto claims the same within fiften days from the date of seizure or at any time before the sale it shall be returned to him on payment of-
(a) tax due thereon;
(b) such penalty not exceeding the tax due as the Grama Panchayat may direct; and
(c) the expenses incurred in connection with the seizure and detention.]
1. Inserted by the Orissa Grama Panchayat (Second Amendment) Act, 1975 (Or. Act 16 of 1975), s. 2, w.e.f. 10th October, 1975.
104. Power to write off dues.- Notwithstanding anything contained in the foregoing provisions of this Chapter the Grama Panchayat may, by a special resolution made in that behalf and with the prior approval of the Samiti direct any sum due to the Grama Panchayat on account of tax, rates, tolls or fees or any dues on any account whatsoever payable by any person to the Grama Panchayat to be written off on ground of undue hardship or as having become irrecoverable.
105. Overriding effect of this Chapter and limitation for recovery of dues.- (1) The provisions of this Chapter shall have force and effect notwithstanding anything to the contrary contained in any contract, agreement, custom or usage or in any other law for the time being in force, or any rule or order having the force of such law.
(2) No arrears of tax, toll, rate or fee or of any sum due on any account whatsoever to the Grama Panchayat shall be recovered by distress after the expiry of three years, or as if it was an arrear of land revenue after the expiry of six years, from the date when the amount in question becomes recoverable under this Act.
106. Failure of Grama Panchayat to take steps for recovery of dues.- In case of default on the part of the Grama Panchayat in taking steps for recovery of the dues as aforesaid the Sub-divisional Officer may take steps for the recovery of such dues on behalf of the Grama Panchayat in accordance with the provisions of this Act and the rules made thereunder, and subject to the deductions on account of the costs of realisation, shall credit the proceeds to the Grama Fund:
Provided that no action shall be taken under this section by the aforesaid authority unless the Grama Panchayat) having been given an opportunity of expressing its views in the matter and allowed reasonable time to make good its default, has failed to do so.
107. Alternative procedure by suit.- In lieu of any process of recovery allowed by or under this Act or in case of failure to realise by such process the whole or any part of any amount recoverable or of any compensation, expenses, charges, or damages payable in pursuance of the provisions of this Act and the rules or order made thereunder, it shall be lawful for the Grama Sasan to sue in any Court of competent jurisdiction the person liable to pay the same.
108. Amount of tax etc. to be final.- (1) The amount of every sum claimed from any person under this Act on account of any tax, rate, rent, fee or otherwise shall, subject to decision in appeal, review or revision, if any, in accordance with the provisions of this Act or the rules made thereunder, be final.
(2) Effect shall be given by the Grama Panchayat to every decision in appeal, review or revision against any such claim.
Chapter-XI - Control
109. Control over the Grama Panchayats.- Subject to the provisions of this Act, the rules made thereunder and any special or general orders issued by the State Government from time to time, the Collector or such other officer or person specially authorised in that behalf by the State Government shall exercise general powers of inspection, supervision and control over the exercise of powers, discharge of duties and performance of functions by the Grama Panchayat under the provision of this Act.
110. Powers of inspection, supervision and control in respect of particular matters.- (1) Without prejudice to the generality of the powers conferred under section 109 the Collector or such other officer or person authorised under the said section or authorised by the Collector in pursuance of any special order made by the State Government in that behalf may-
(a) by order in writing, call for and inspect any book, register, record or document in the possession or under the control of a Grama Panchayat or a Committee;
(b) call for the production of the cash balance in the custody of the Grama Panchayat;
(c) inspect any institution, or immovable property belonging to or vested in or under the management, direction or control of a Grama Panchayat or a Committee or, any work done or undertaken by or under the directions of the Grama Panchayat or such Committee;
(d) by order in Writing, direct a Grama Panchayat or Committee to furnish such statements, reports, copies of documents records or registers relating to the Grama Panchayat or such Committee as he thinks fit;
(e) record in writing for the consideration of a Grama Panchayat or Committee any observation which he thinks proper in regard to the proceedings, or powers, duties and functions of the Grama Panchayat or such Committee.
(2) Subject to such rules as may be prescribed all registers, records and documents in the possession or control of a Grama Panchayat shall be open to inspection by the Chairman of the Samiti or of the Parishad and upon submission of the inspection report, if any, by such Chairman the State Government may take such action as they deem proper.
(3) A member of the State Legislature may visit the office of any Grama Panchayat situated within his constituency and may record his opinion in a register to be maintained for the purpose in every such office and the copy of such opinion recorded shall be sent within two weeks from the date of entry to the Government for such action as they may deem fit.
111. Grama Panchayat to afford facilities for inspection.- (1) Subject to such rules as may be made in that behalf the Grama Panchayat, its Sarpanch, Naib-Sarpanch, officers and employees shall at all reasonable times be bound to afford to the Collector or other officer or person or member of the State Legislature authorised under section 109 or 110 such access to the property, institutions or premises of the Grama Panchayat and to all registers, documents and records thereof and to the cash balance in custody of such Grama Panchayat as may, in the opinion of the Collector or such officer or person, be necessary to enable him to discharge his duties under this Chapter.
(2) Subject to such rules as may be made in that behalf the Grama Panchayat, its Sarpanch, Naib-Sarpanch, officers and employees shall at all reasonable times be bound to afford to the Chairman referred to in sub-section (2) of section 110 such access to the registers, records and documents as may, in the opinion of such Chairman be necessary for the purpose of the inspection under the said sub-section.
(3) Whoever contravenes the provisions of sub-section (1) or (2) shall, on conviction, be punishable with fine not exceeding an amount of rupees fifty and when the contravention is a continuing one with a further fine which may extend to rupees five for every day during which the offender is proved to have persisted in committing the offence.
112. Deputation or Officers to ??? Grama Panchayati.- The Collector may by general or specia order direct any officer of any of the departments of Government engaged in development work within the district to attend any meeting of the Grama Panchayat and to advise and assist such Panchayat on any matter relating to the work of the department to which such officer belongs.
113. Samiti to act during disability or Grama Panchayat.- Whenever in the opinion of the Collector a Grama Panchayat is unable to exercise its powers or discharge its duties or perform its functions in accordance with the provisions of this Act or the rules made thereunder by reason of any judgment, decree or order of any court the Collector may direct the Samiti to act on behalf of the Grama Panchayat for all or any of the purposes of this Act so long as such disability continues and the Samiti shall, subject to such rules as may be made in that behalf, forthwith comply with the directions of the Colector.
114. Power or Sub-divisional Officer in respect of certain resolutions and orders of Grama Panchayat.- (1) The Sub-divisional Officer may sou motu or on a reference by the Sarpanch under section 20, after calling for an explanation from the Grama Panchayat and considering the explanation, if any, offered by the Grama Panchayat, rescind, modify or confirm any resolution or orders passed or made by the Grama Panchayat if in his opinion such resolution or order is of a nature as specified in any of the clauses (a) to (e) of the said section.
(2) The Sub-divisional Officer may, if he deems it expedient so to do, at any time pending the disposal of the proceedings under sub-section (1), make all or any of the following orders and may at any time rescind or modify the same, namely:-
(a) suspend the operation of the resolution or order;
(b) prohibit the doing or continuance by any person of any act in pursuance of or under the cover of such resolution or order;
(c) direct the Grama Panchayat, to take any action which it would have been entitled to take if the resolution or order had never been made or passed and which in the opinion of the Sub-divisional Officer is necessary for preventing any person from doing or continuing to do anything under cover of the said resolution or order.
(3) The Grama Panchayat may, in accordance with a resolution passed in that behalf appeal to the Collector against the order made under sub-section (1) within thirty days from the date of the said order and the Collector after giving the Grama Panchayat an opportunity of being heard may cancel, modify or confirm the orders passed by the Sub-divisional Officer.
115. Suspension and removal of Sarpanch Niab-Sarpanch and member.- (1) If on the report of the Sub-divisional Officer the Collector is of the opinion that circumstances exist to show that the Sarpanch or Naib-Sarpanch of a Grama Panchayat wilfully omits or refuses to carry out or violates the provisions of this Act or the rules or orders made thereunder or abuses the powers, rights and privileges vested in him or acts in a manner prejudicial to the interest of the inhabitants of the Grama and that the further continuance of such person in office would be detrimental to the interest of the Grama Panchayat or the inhabitants of the Grama, he may, by order, suspend the Sarpanch or Naib-Sarpanch, as the case may be, from office and report the matter to the State Government.
(2) The State Government, on the report of the Collector under sub-section (1) shall, or if the State Government themselves are of the opinion that the circumstances specified in the said sub-section exist in relation to a Sarpanch or Naib-Sarpanch, then on their own motion, may, after giving the person concerned a reasonable opportunity of showing cause, remove him from the office of Sarpanch or Naib-Sarpanch, as the case may be.
(3) In the case of a Sarpanch or Naib-Sarpanch, if he is not already under suspension in pursuance of an order under sub-section (1), the State Government may, pending disposal of the proceedings before them under sub-section (2), suspend the Sarpanch or Naib-Sarpanch, as the case may be.
1[(3-a) The State Government may, at any time during the pendency of proceedings before them under sub-section (2), revoke the order of suspension of a Sarpanch or Naib-Sarpanch passed under sub-section (1), or under sub-section (3).]
(4) A Sarpanch or Naib-Sarpanch on removal from office under sub-section (2) shall also cease to be a member of the Grama Panchayat; and such person shall not be eligible for election as a member for a period not exceeding four years as the State Government may specify.
(5) The provisions of this section shall; so far as may be, apply in respect of any member of the Grama Panchayat not being a Sarpanch or Naib-Sarpanch, provided that no such member shall be liable to be placed under suspension Under the said provisions.
(6)(a) Whenever the Collector is of the opinion that the Sarpanch of a Grama Panchayat has failed in convening any meeting of the Grama Panchayat within a period of the continuous months he may, after making such enquiry as he deems fit, by order, remove the Sarpanch from office and may also declare him not to be eligible for election as a member for a period not exceeding one year as he may specify in his order, and on such order being made the Sarpanch shall cease to be a member of the Grama Panchayat.
(b) Nothing contained in the preceding sub-sections shall apply in respect of a default as specified above.
1. Inserted by the Orissa Grama Panchayats (Amendment) Act, 1977 (Or. Act 12 or 1977), s. 2, w.e.f. 22nd August, 1977.
116. Dissolution and reconstitution of Grama Panchayat.- (1) If in the opinion of the State Government a Grama Panchayat 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 Grama Panchayat be dissolved and immediately reconstituted; and the said notification shall specify the time within which the Grama Panchayat shall be re-constituted:
Provided that for the purposes of completing the elections to a Grama Panchayat after it has been dissolved, the State Government may from time to time extend the time fixed by them under this sub-section.
1[* * *]
(2) Before publishing a notification under sub-section (1) the State Government shall communicate to the Grama Panchayat the grounds on which they propose to take action, fix a reasonable period for the Grama Panchayat to show cause against the proposal and consider the explanations and objections, if any, of such Grama Panchayat.
(3) Upon the publication of such notification all the members of the Grama Panchayat including its Sarpanch and Naib-Sarpanch shall forthwith be deemed to have vacated their offices as such and fresh elections shall be held in the prescribed manner.
(4) During any interval between the dissolution and the reconstitution of the Grama Panchayat directed under sub-section (1), all or any of the powers and duties of the Grama Panchayat and its Sarpanch may be exercised and discharged in such manner and to such extent as the State Government may determine by the Chairman of the Samiti.
1. The Explanation omitted by the Orissa Grama Panchayat (Second Amendment) Act, 1967 (Or. Act 16 of 1967) s. 9.
117. Supersession of Grama Panchayat.- (1) if after the fresh election held under the last preceding section the Grama Panchayat continues to be incompetent to perform or abuse its powers, the State Government for all or any of the reasons specified in sub-section (1) of Section 116 it any, by notification published in the prescribed manner, supersede it for a specified period.
(2) Before publishing a notification under sub-section (1) the State Government shall follow the procedure laid down in sub-section (2) of section 116.
(3) The supersession of a Grama Panchayat shall, if no other date or time is fixed in the said notification, take effect from the date of publication thereof and thereupon all the members of the Grama Panchayat including its Sarpanch and Naib-Sarpanch shall forthwith be deemed to have vacated their offices.
(4) On or before the expiry of the period of supersession notified under sub-section (1) the State Government may, by notification published in the prescribed manner and for reasons to be stated therein, postpone the reconstitution of the Grama Panchayat for such further period as they may deem fit
(5) The provisions of sub-section (4) of section 116 shall during the period of supersession of a Grama Panchayat and till its reconstitution, apply so far as may be in regard to the exercise and discharge of all or any of the powers and duties of the Grama Panchayat and its Sarpanch.
(6) The State Government may reconstitute the Grama Panchayat before the expiry of the period notified under sub-section (1) or (4).
(7) The term of office of a Grama Panchayat reconstituted in pursuance of the provisions of section 116 or this section, as the case may be, shall expire with the date on which the term of office of the Grama Panchayat would have expired had it not been dissolved or superseded.
118. Devolution of assets on dissolution or supersession.- When a Grama Panchayat is dissolved under section 116 or superseded under section 117 the Collector, until the date of reconstitution thereof, and the reconstituted Grama Panchayat thereafter, shall be entitled to all the assets and shall be subject to all the liabilities of the Grama Panchayat as on the date of dissolution or supersession, and on the date of reconstitution, respectively.
119. Collector's power to take action on the default of Grama Panchayat or its Sarpanch.- (1) If at any time it appears to the Collector that a Grama Panchayat or its Sarpanch has made default in performing any duty imposed by or under this Act or any other law for the time being in force, he may, in consultation with the Samiti, 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 Collector may direct the Samiti to perform it and may also direct that the expenses of performing it shall be paid from out of the Grama Fund within such time as the Collector may fix to the Samiti.
(3) If the expenses directed, under sub-section (2) are not paid within the time so fixed the Collector 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 balance to the credit of the Grama Fund admits, be bound to comply with such order.
120. Power of state Government for review.- The State Government may, suo motu, at any time or on application received from any party interested within ninety days from the passing of the order review any order passed under sections 115, 116 or 117 if it was passed by them under any mistake, whether of fact or of law, or in ignorance of any material fact:
Provided that the State Government shall not pass any orders prejudicial to any party unless such party has had an opportunity of making a representation.
121. Power of Sub-divisional Officer to recover records and money.- (1) Where on the application of a Grama Panchayat the Sub-divisional Officer is of the opinion that any person, who in the capacity of a member, Sarpanch, Naib-Sarpanch or officer or other employee of the said Grama Panchayat had in his custody any record or money belonging to it, after his removal or suspension from or the termination of his office is not likely to deliver such record or pay such money, the Sub-divisions Officer may, by a written order, require that the record or money so detained be delivered or paid to the Grama Panchayat forthwith.
(2) If any such person as aforesaid shall not deliver the record or pay the money as directed, it shall be lawful for the Sub-divisional Officer-
(a) for recovering such money, to direct that such money be recovered as an arrear of land revenue and on such direction being given, such money shall be recoverable as arrear of land revenue from such person; and
(b) For recovering any such record to issue a search warrant and to exercise all such powers with respect thereto as may be lawfully exercised by a Magistrate under the provisions of Chapter VII of the Code of Criminal Procedure, 1898 (5 of 1898).
(3) No action under sub-section (1) or (2) shall be taken unless reasonable opportunity has been given to the person concerned to show cause why such action should not be taken against him.
Chapter-XII - Establishment and conduct of business
CHAPTER XII
Establishment and conduct of business
122. Officers and serves of Grama Sasan.- (1) Subject to such general or special orderst if any, made in that behalf by the State Government, there shall be a Secretary and such officers and servants for the Grama Sasan as may be necessary for enabling the Grama Panchayat to exercise its powers, discharge its duties and perform its functions for carrying out the purposes of this Act and the rules made thereunder and the powers, duties and functions of such officers and servants shall be as may be prescribed.
(2) All matters relating to the appointment, qualification, manner of recruitment of the Secretary and officers and servants and to their salary, allowances, leave and all other conditions of service including the exercise of disciplinary control and supervision over such officers and servants shall be governed by the rules made in that behalf.
(3) Notwithstanding anything in any other law for the time being in force the State Government may, whenever they consider it expedient so to do, provide by rules made in that behalf a common cadre of posts and services-
(a) for all or any of the Grama Sasans within the State or a part thereof; or
(b) for all Grama Sasans and Samitis within a district together with the Parishad; or
(c) for all Grama Sasans together with all Samitis and Parishads within the State,
and all matters incidental or ancillary thereto and in the event of any conflict between the provisions of any other law as aforesaid and the provisions of this Act and the rules made thereunder the latter shall prevail,
123. Powers, duties and ??? of ???.- Subject to such general or special orders issued from time to time by the State Government in that behalf, the Secretary of the Grama Sasan shall-
(a) maintain the records of the proceedings of the meetings of the Grama Panchayat;
(b) remain in custody of all records and documents, cash and valuable securities belonging to or vested in or under the direction, management or control of the Grama Sasan as prescribed; and
(c) exercise such other powers, discharge such other duties and perform such other functions, as may be conferred or assigned to him by or under this Act.
124. Mooting.- (1) The Grama Panchayat in the transaction of its business shall follow the procedure provided in this Act and the rules made thereunder.
(2) The Grama Panchayat shall meet for the disposal of its business at least once every month and may hold special meetings whenever circumstances so require.
(3) Without prejudice to the provisions of section 19 and subject to the rules made in that behalf, the Collector or any other officer empowered by him or not less than one-third of the members of the Grama Panchayat may requisition and call for special meetings of the Grama Panchayat.
(4) The quorum at any meeting, the manner or conduct of business and maintenance of the record of the proceedings at any such meeting shall be as may be prescribed.
(5) The following persons shall have a 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, namely:-
(a) the member of the Samiti elected by the Grama Panchayat under clause (d) of sub-section (1) of section 16 of the Orissa Panchayat Samiti and Zilla Parishad Act, 1959 (Orissa Act 7 of 1960) or deemed to have been so elected in pursuance of section 45-C of the said Act; and
(b) the Collector or such other officer or person authorised in that behalf by the State Government:
Provided that the persons referred to in clause (a) shall also be entitled to a notice of all such meetings.
125. Commitees.- (1) For the efficient discharge of its functions the Grama Panchayat shall constitute Standing Committee's whose number, composition, powers and functions and the procedure for the conduct of business shall be as may be prescribed.
(2) Subject to the rules as may be made in the behalf a Grama Panchayat may from time to time constitute such other Committees to assist it in the discharge of any specified duties or class of duties for such specified periods as the Grama Panchayat may deem it expedient.
(3) The State Government shall have the power to specify the number of persons as may be co-opted from outside by the Grama Panchayat to any landing Committee or other Committees.
126. Joint Comitees.- (1) Subject to such rules as may be prescribed, two or more Grama Panchayats may combine by means of a written instrument subscribed by them, to appoint a Joint Committee consisting of their representatives for the purpose of transacting any business in which they are jointly interested and may-
(a) delegate to such Committee powers, with such conditions as they may think proper to impose, to frame schemes binding on each such Grama Panchayat as to the construction and future maintenance of any joint work and the power which may be exercised by any such Panchayat in relation to such scheme; and
(b) frame or modify rules regarding the constitution of such Committee and the term of office of members thereof and the method of conducting proceedings and correspondence thereof.
(2) If any difference of opinion arises amongst the Grama Panchayats acting under this section, it shall he referred to the prescribed authority whose decision thereon shall be final.
127. Vacancy not to invalidate proceedings.- No act or proceedings of the Grama Sasan or Palli Sabha or of the Grama Panchayat or any of the Committees shall be deemed to be invalid by reason merely of the existence of any defect in the constitution of the Grama Sasan or Palli Sabha or of the existence of any vacancy in or defect in the constitution of the Grama Panchayat or any Committee, thereof, or any vacancy in the office of the Sarpanch or Naib-Sarpanch, or by reason of any defect error, omission or irregularity in the election or nomination of the Sarpanch, Naib-Sarpanch or any other member of such Grama Panchayat.
Chapter-XIII - Penalties and procedure
CHAPTER XIII
Penalties and procedure
128. Penalty for infringement of the provisions of the Act.- Whoever contravenes any of the provision; of this Act or fails to comply with any notice or direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of the said provisions, shall in the absence of any express provision in that behalf and without prejudice to any other liability under any of the other provisions of this Act, be on conviction punishable with fine not exceeding an amount of rupees twenty-five and when the contravention or non-compliance is a continuing one with a further fine which may extend to one rupee for every day after the first conviction during which an offender is proved to have persisted in committing the offence.
129. Penalty for infringement of rules and bye-laws.- In making a rule, the State Government and in making a bye-law the Grama Panchayat with the sanction of the prescribed authority, may direct that a breach of it shall be punishable with fine, which may extend to ten rupees and when the breach is a continuing one with a further fine which may extend to one rupee for every day after the date of the first conviction during which the offender is proved to have persisted in the commission of the offence.
130. Penalty for tampering with Grama Panchayat's properly.- (1) Whoever removes, displaces or makes an alteration in or otherwise interferes with the pavement, gutter or other materials of a public street, or the fences, walls or posts thereof, or bracket, direction-post stand-post hydrant or property of the Grama Sasan without the written sanction of the Grama Panchayat or other lawful authority shall be punishable with fine which may extend to ten rupees.
(2) If through an act, neglect or default, on account whereof a person has incurred a penalty imposed by sub-section (1) and has caused any damage to the property of a Grama Sasan such person shall also be liable to make good such damage as well as to pay such penalty, and the damages may be recovered from the offender in accordance with the provisions of this Act,
131. Disobedience to notice issued.- Save as otherwise expressly provided in this Act rind without prejudice to any other liability that may be incurred thereunder if a notice has been given to a person under the provisions of this Act or any rule or bye-law made thereunder requiring him to execute a work in respect of any property movable or immovable, public or private or to provide or to do anything within a time specified in the notice and such person fails to comply with the notice, then the Grama Panchayat may, after giving the person an opportunity of making a representation, cause such work to be executed or such thing to be provided or done, and may recover all expenses incurred by it on such account from the said person in accordance with the provisions of this Act.
132. Notice not to be invalid for defect of form.- No notice shall be invalid for defect of form.
133. Appeal.- (1) Save as otherwise provided in this Act or the rules made thereunder, any person aggrieved by an order or direction made or issued by a Grama Panchayat under this Act or under any rule or bye-law may, within thirty days from the date of such direction or order appeal to the Sub-divisional Officer, who may vary, set aside or confirm the said order or direction.
(2) Any person aggrieved by an order made under sub-section (1) may, within thirty days from the date of the order, prefer a second appeal to the Collector, who may vary, set aside or confirm the said order.
(3) The appellate authority may, if he thinks fit, extend the period allowed by sub-section (1) or (2), as the case may he, for filing an appeal.
(4) The appellate authority shall have power to award costs at his discretion
(5) The orders passed in an appeal under sub-section (1) or (2), as the case may be, shall be final.
134. Finality of orders.- No order or direction referred to in the preceding section shall be questioned in any other manner or by any authority other than the authority provided therein.
135. Suspension of prosecution in certain cases.- When an order or direction of the kind specified in section 133 is subject to appeal and an appeal has been filed, all proceedings to enforce such order or direction and all prosecution for a breach thereof may, by order of the appellate authority, be suspended pending the decision of the appeal.
136. Power to compound offence.- (1) Subject to such rules as may be prescribed, a Grama Panchayat may, either before or after the institution of proceedings, compound an offence against this Act or any rule or bye-law made thereunder.
(2) When an offence has been compounded no further proceedings shall be taken against the offender in respect of the offence so compounded.
(3) All sums paid by way of compensation under this section shall be credited to the Grama Fund.
137. Entry and inspection.- The Sarpanch of any Grama Panchayat and any other member, officer or servant thereof specially authorised in this behalf by the Grama Panchayat may enter into or upon any building or land, with or without assistants or workmen, in order to make an inspection or survey or to execute a work which a Grama Panchayat is authorised by this Act or by rules or bye-laws made thereunder, to make or execute, or which it is necessary for a Grama Panchayat for any of the purposes or in pursuance of any of the provisions of this Act or of the rules or bye-laws to make or execute:
Provided that-
(a) except when otherwise expressly provided in 1 his Act or in the rules or bye-laws no such entry shall be made between the hours of sunset and sunrise;
(b) except when otherwise expressly provided in this Act or in the rules or bye-laws no building which is used as a human dwelling shall be so entered upon except with the consent of the occupier thereof without giving the said occupier not less than four hours previous written notice of the intention to make such entry;
(c) sufficient notice shall in every instance be given even when any premises may otherwise be entered without notice to enable the inmates of an apartment set apart for females to remove to some part of the premises where their privacy shall not be disturbed; and
(d) due regard shall always be paid to the social and religious usages of the occupation of the premises entered.
138. Suits against Gram a Panchayats or their officers.- (1) No suit or other legal proceedings shall be instituted against a Grama Sasan or a Grama Panchayat or against member, Sarpanch, Naib-Sarpanch, officer or other employee of the Grama Panchayat or against any person acting under its or his direction for anything-done or purporting to have been done under this Act, until the expiration of one month next after notice in writing has been, in the case of a Grama Sasan or Grama Panchayat delivered in or left at the office of the Panchayat and in the case of a member, officer or servant or any person acting under his direction or the direction of the Grama Panchayat delivered to him or left at his office or place of residence, explicitly stating the cause of action, the nature of the reliefs sought, the amount of compensation, if any, claimed and the name and place of residence of the intending plaintiff; and the plaint shall contain a statement that such notice has been so delivered of left.
(2) If the Grama Panchayat, member, Sarpanch, Naib-Sarpanch, officer or other employee or the person as aforesaid has tendered amends, sufficient in the opinion of the Court to the plaintiff, the plaintiff shall not recover any sum in excess of the, amount so tendered and shall also pay all costs incurred by the defendant after such tender.
(3) No suit or other legal proceeding referred to in sub-section (1) shall be instituted after the expiry of a period of six months from the date of the accrual of the alleged cause of action.
139. Protection to Grama Panchayats.- (1) No suit or prosecution shall be entertained in any Court against a Grama Sasan or rama Panchayat or the Sarpanch, Naib-Sarpanch or any other member or officer or other employee thereof or any person acting under its or his direction in respect of anything in good faith done or intended to be done under this Act or any rule or bye-laws made thereunder.
140. Duties of police in respect of offerees and assistance to Panchayats.- Every Police Officer shall give immediate information to the Grama Panchayat of an offence coming to his knowledge which has been committed against this Act or any rule or bye-law made thereunder and shall assist all members and servants of the Grama Panchayat in the exercise of there lawful authority.
141. Penalty for failure to hand over charge by ex-Sarpanch and others.- (1) Whoever after ceasing to hold office as Sarpanch, Naib-Sarpanch, member officer or other employee of the Grama Panchayat and having remained in possession at the time of such cesser, of any document, cash, valuable security or other property which or the custody whereof lawfully belongs to the Grama Sasan without sufficient cause fails to deliver up the same within seven days from the date of such cesser-
(a) in the case of the Sarpanch, to his successor in office or to the Collector or any other person authorised by him in that behalf, and
(b) in any other case to the Sarpanch or any employee of the Grama Panchayat authorised by the Sarpanch in that behalf,
shall without prejudice to any other liability under this Act or any other law for the time being in force, on conviction, be punishable with rigorous imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both.
(2) The offence under sub-section (1) shall be cognizable.
(3) The person convicted under sub-section (1), if he had been the Sarpanch, Naib-Sarpanch or member, shall notwithstanding anything contained in this Act be disqualified for a period of five years from the date of such conviction for being chosen as or continuing to remain a member of the Grama Panchayat.
Explanation-For purposes of this section-
(a) "Successor in office" shall include any succeeding Sarpanch or any other person exercising the powers of the Sarpanch under the provisions of this Act or the rules made thereunder; and
(b) "Document" and "Valuable Security" shall have the same meaning as defined in sections 29 and 30 (45 of 1960) respectively of the Indian Penal Code.
Chapter-XIV - Miscellaneous
CHAPTER XIV
Miscellaneous
142. Delegation of power.- The State Government may, by notification from time to time, direct that any of their powers and functions under this Act, subject to such conditions and restrictions as they may impose, and except the powers conferred on them by sections 3, 71, 73, 81, 100, 109, 115, 116, 117, 120, 150, 151 and 152 shall be exercised or discharged by any officer or authority sub-ordinate to the State Government.
143. Members and servants of Grama Panchayat to be public servants.- All members of a Grama Panchayat or of any Committee thereof constituted under this Act and all officers and other employees of a Grama Panchayat, every contractor or agent appointed by it for collection of any tax, toll, rates or fees and every person employed by such contractor or agent, shall be deemed to-be public servants within the meaning of section 21 of the Indian Penal Code and in the definition of "legal remuneration" in section 161 of the said Code, the word "Government" shall, for the purposes of this section, be deemed to include a Grama Sasanand a Grama Panchayat.
144. Responsibility of the member for misappropriation or Grama Fund.- Every member, Sarpanch and Naib-Sar-panch and every member of any Committee constituted under this Act shall be personally liable for the mis-application of any Fund or property of the Grama Sasan to which each has been a party or which has happened through or being facilitated by gross neglect of his duty as a member, Sarpanch or Naib-Sarpanch, as the case may be, and may be sued for recovery of the money or property so misapplied or loss suffered thereby either by the Grama Sassan or by the State Government.
145. Liability of officers and employees for misappropriation of fund.- Every officer or other employee of the Grama Sasan shall be personally liable for the loss, waste, mis-appropriation or misapplication of any money or other property held for the administration of the Grama Sasan where such loss, waste, misappropriation or mis-application is a direct consequence of his neglect or misconduct in his capacity as a servant of the Grama Sasan and a suit for compensation for the same may be instituted against him either by the Grama Panchayat or by the State Government.
146. Settlement of disputes between different Grama Sasans and between Grama Sasans and others local authorities.- (1) Notwithstanding anything in any other law for the time being in force disputes in respect of any matter arising under the provisions of this Act or any other law-
(a) between two or more Grama Sasans-
(i) if within the same Block shall be decided by the Samiti;
(ii) if within different Blocks in the same district shall be decided by the Parishad; if within different districts shall be decided by the Revenue Divisional Commissioner having jurisdiction or such Commissioner as may be authorised by the State Government in that behalf;
(b) between one or more Grama Sasans and any other local authority-
(i) if within the same district shall be decided by the Collector;
(ii) if within different districts shall be decided by the Revenue Divisional Commissoiner having jurisdiction or such Commissioner as may be authorised by the State Government in that behalf.
(2) An appeal against the decision of the Samjti, Parishad or Revenue Divisional Commissioner, as the case may be, under sub-section (1) shall respectively lie to the Colletor, Revenue Divisional Commissioner and the State Government and an appeal against the decision of the Collector shall lie to the Revenue Divisional Commissioner; and all such appeals shall be preferred within thirty days from the date of such decision.
(3) The decisions made under clauses (a) and (b) of sub-section (1) shall, subject to the decisions in appeal Under sub-section (2) be final.
(4) No suit shall be entertained by a Civil Court in respect of any dispute referred to in sub-section (1).
147. ??? of claim.- (1) Save as otherwise expressly provided in this Act where any dispute arises between the Grama Sasan and any person as regards the ownership of or interest in any property vested in or under the management, direction or control of the Grama Sasan the Grama Panchayat shall give such person an opportunity of being heard and decide by order, giving reasons therefor to be recorded in writing, whether the owner-ship of or interest in such property is to be treated as that of the Grama Sasan.
(2) Any person aggrieved by an order under sub-section (1) may appeal to the Described authority within the time and in the manner as may be prescribed.
(3) Any such person dissatisfied with the order in the appeal, if any under sub-section (2) may within six months from the date of such order institute a suit in a Court of competent jurisdiction for establishment of his rights, if any.
(4) The order under sub-section (1) shall, subject to the order under sub-section (2) or the decision of the Court, if any, as the case may be, be final.
148. Reconstitution of a Grama.- (1) Where a new Grama is constituted by the inclusion in one Grama of a part of another Grama-
(a) the new Grama Panchayat for the new Grama shall comprise of-
(i) the members of the Grama Panchayat of the Grama whose area is increased;
(ii) the Sarpanch and Naib-Sarpanch of the said Grama Panchayat who shall hold office as such in the new Grama Panchayat; and
(iii) the members of the Grama Panchayat of the Grama whose area is reduced, representing the area by which it is so reduced;
and the term of office of the new Grama Panchayat shall be the remainder of the term of the Grama Panchayat referred to in sub-clause (i);
(b) the members specified in sub-clause (iii) of clause (a) shall cease to be members of the Grama Panchayat of the Grama whose area is reduced and if there is a consequential reduction in the total membership in the Grama Panchayat below the minimum required under this Act the Collector may redelimit the wards;
(c) upon such rede limitation being made the Sarpanch, Naib-Sarpanch and other members of the Grama Panchayat shall be deemed to have vacated their offices and the Grama-Panchayat shall be reconstituted in the same manner as if it were a Grama Panchayat to be constituted for the first time; and
(d) when a Grama Panchayat is reconstituted under clause (c) the Collector, until the date of reconstitution thereof, and the reconstituted Grama Panchayat thereafter, shaft be entitled to all the assets and shall be subject to all the liabilities of the Grama Panchayat as on the date of redelimitation and on the date of reconstitution, respectively.
(2) Where a new Grama is constituted by the ??? of two or more Gramas-
(a) the members of the Grama Panchayat of all such Gramas together shall, notwithstanding the maximum number provided by this Act, constitute the Grama Panchayat for the new Grama and shall elect its Naib-Sarpanch; and
(b) for the purpose of computation of the term of office, the members constituting the Grama Panchayat of the new Grama shall be governed by the provisions of section 17 as if the Grama Panchayat were constituted for the first time:
Provided that the person? holding office, as Sarpanch of the Grama Panchayt as so amalgamated shall cease to hold such office and the Sarpanch of the new Grama shall be elected in accordance with the provisions of section 10.
(3) Where an area not within a Grama is included within a Grnma, the constitution of the Grama Panchayat shall be as the State Government may by general or special order direct.
(4) If the whole of the area within a Grama is included in a Municipality or a Notified Area, the Grama Sasan shall cease and the Grama Panchayat constituted therefor shall stand abolished.
149. Matters ancillary to abolition or reconstitution of Gramas.- (1)(a) Whenever the State Government decide upon a general reorganisation of the Grama within the State they may for the said purpose by order direct all steps to be taken in accordance with this Act and the rules made thereunder in the matter of rede limitation of Gramas, division thereof into wards and for the constitution of Grama Panchayats for such Gramas.
1[(b) The re-delimitation, division and constitution made in pursuance of an order under clause (a) shall not affect the constitution of the existing Gramas and Grama Panchayats but shall have effect only on the date following the date of expiry of the term, or as the case may be, the extended term of office of the existing Grama Panchayats and the new Grama Panchayats shall enter office on the date earlier mentioned.]
(2) The State Government may, as in their opinion the expediency of the circumstances requires, by general or special order in that behalf provide for all or any of the following matters, arising out of or in relation to the abolition or reconstitution of Gramas, namely:-
(a) amalgamation, allocation, utilisation or apportionment of assets and liabilities and procedure for the enforcement of rights and obligations in relation thereto;
(b) continuance or termination of or alterations in the conditions of service of officers and servants of such local authorities immediately before such abolition or reconstitution and the allocation of such persons to the different bodies thereafter;
(c) reorganisation and constitution of the Committees, their functions, or term of office of the members thereof as were there prior to the abolition or reconstitution; and
(d) any matter necessary, ancillary or incidental to such abolition or reconstitution for which this Act makes no provision or makes insufficient provision and provision in the opinion of the State Government is necessary.
(3) The provisions of section 148 and of this section shall have effect notwithstanding anything to the contrary in any of the other provisions of this Act or the rules made thereunder.
1. Substituted by the Orissa Grama Panchayat (Amendment) Act, 1965, Or. Act 7 of 1965), s. 7.
150. Power to make rule.- (1) The State Government may, after previous publication, make rules* not inconsistent with the provisions of this Act to carry out all or any of the purposes thereof and prescribe forms for any matter for which they consider that a form should be provided.
(2) In particular and without prejudice to the generality of the foregoing powers such rules may provide for-
(i) regulating the duties, functions and powers of a Grama Panchayat,
(ii) generally determining relations between Parishads, Samitis and Grama Panchayats and for the guidance of Grama Panchayats in all matters connected with the carrying out of the provisions of this Act,
(iii) fees payable in respect of applications, including applications for appeal, review or revision that may be filed before different authorities under the provisions of this Act,
(iv) any 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 fire 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.
* For rules under Section 150, see Notification No. 19659-G.P., dated the 9-12-1967, published in Orissa Gazette, Extraordinary, dated 21-12-1967 (No. 16411) and Notification No. 6235-G.F. dated 24-4-1963, published in Orissa Gazelle, Extraordinary, dated 1-5-1968 (No. 379).
151. Power to make bye laws.- (1) Subject to such rules as may be made the Grama Panchayat may with the approval of the State Government make bye-laws for carrying out any of the purposes for which it is constituted.
(2) The State Government shall have power to make rules regarding the procedure for making of bye-laws, the publication thereof and the date on which they shall come into effect.
152. Issue of order and removal of difficulties.- (1) The State Government may from time to time with a view to ensure the proper functioning of the Grama Sasans, Palli Sabhas and Grama Panchayats and the proper implementation of the provisions of this Act and the rules made thereunder issue such administrative orders, directions and instructions as they deem fit not inconsistent with the aforesaid provisions for the guidance of the aforesaid bodies.
(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 State Government may, as occasion may require, do anything which appears to them necessary for the purpose of removing the doubt or difficulty.
153. Repeal.- (1) The Orissa Grama Panchayats Act, 1948 (hereinafter referred to as the said Act) is hereby repealed;
Provided that-
(a) repeals or amendments of any other enactment by the said Act shall continue to have force and effect as fully and effectively as if such repeals or amendment had been by virtue of this Act;
(b) Gramas, Grama Sasans, Grama Panchayats Committees and Grama Funds constituted under the said Act shall be deemed to have been constituted under this Act;
(c) members, Sarpanches and Naib-Sarpan-ches holding office in a Grama Panchayat immediately before the date of commencement of this Act shall continue to hold office after the aid date and shall 1[subject to the notification, if any, issued under the proviso to sub-section (2) of section 17,] cease to hold such office, with effect from the 2[15th day of August, 1965] subject however that provisions relating to disqualification, resignation, and removal and to supersession and dissolution of the Grama Panchayat shall be as provided in this Act;
(d) all rules, and bye-laws and orders made notifications and notices issued, licences and permits granted, taxes, rates, tolls and fees levied, imposed or assessed, contracts entered into; suits and proceedings instituted and all actions taken and things done under the said Act shall be deemed to have been respectively made, issued granted, levied, imposed or assessed, entered into, instituted, taken or done under this Act and shall continue in force until new provisions are made under the appropriate provisions of this Act;
(e) the provisions in respect of the Panchayat Police and Adalti Panchayats contained in Chapters VI and VII of the said Act and in Schedules II and III there to shall, subject to the provisions of Section 154 continue to apply as if enacted in this Act:
Provided further that elections for filling up a vacancy if any, arising prior to the 1[15th day of August 2[1966] in respect of any office of a member, Sarpanch or Naib-Sarpanch in a Grama Panchayat and elections declared by the State Government to be necessary for constituting a Grama Panchayat and bringing it into office at any time prior to the said date shall be held in accordance with the provisions of the said Act and the rules made thereunder.
(2) In the Orissa Panchayat Samiti and Zilla Parishad Act, 1959 (Orissa Act 7 of 1960) section 23 shall be omitted.
(3) In the Orissa Zilla Parishad (Amendment) Act, 1961 (Orissa Act 7 of 1960), section 49 shall be omitted.
1. Inserted by the Orissa Grama Panchayat (Amendment) Act, 1965 (Or. Act 7 or 1965), s. 8(i).
2. Substituted by ibid., s. 8(ii), for "26th day of January 1965".
1. Substituted by the Orissa Grama Panchayat (Amendment) Act, 1975 (Or. Act 29 of 1975), s. 4.
2. Substituted by the Orissa Grama Panchayat (Second Amendment) (Act, 1965 (Or. Act 18 of 1965), s. 4.
154. Savings in respect of Panchayat police and Adalti Panchayat.- (1) All rules, orders, bye-laws, notices or notifications made or issued under the said Act in respect of matters relating to the Panchayat Police and the Adalti Panchayats specified in clause (e) of the first proviso to sub-section (1) of section 153 shall continue to apply as if made or issued under this Act and may by like instruments made or issued thereunder be cancelled, altered or modified or as the case may be, made or issued for the first time for any of the said purposes by the corresponding authority or in case of doubt or difficulty by such authority as the State Government may direct.
(2) Without prejudice to the generality of sub-section (1) the provisions thereof shall in particular apply in respect of rules, orders, bye-laws, notices or notifications in respect of the following matters relating to the Panchayat Police and the Adalti Panchayat, namely:-
(a) constitution, establishment, funds and expenses in relation to the Panchayat Police or Adalti Panchayat;
(b) meetings and conduct of business of Adalti Panchayats, procedure for the conduct of elections of members thereof and filling up of vacancies therein;
(c) fees including court-fees leviable by or in relation to any instrument, proceeding or matters before the Adalai Panchayats;
(d) procedure for execution of decrees, orders sentences passed by Adalti Panchayats and for issue, service and execution of processes thereof;
(e) appropriation to the Grama Funds of fees paid to Adalti Pdnchayats; and
(f) any matter ancillary or incidental to matters covered by the foregoing clauses.
(3) All fines realised in cases tried by the Adalti Panchayats shall be credited to and all expenses thereof and of the Panchayat Police be charged to the Grama Funds; provided that in case of the Adalti Panchayat the expenses shall be charged to the Grama Fund of each Grama Sasan within the circle in equal shares.
(4) All members of the Adalti Panchayat shall be deemed to be public servants within the meaning of the Indian Penal Code; the provisions of the Judicial Officers' Protection Act, 1850 (45 of 1860) (18 of 1880), shall apply to them; and they shall be subject to the provisions relating to disqualification as provided in this Act in respect of the members of a Grama Panchayat.
(5) The President of the Adalti Panchayat may resign his office by writing under his hand addressed to the Collector, who within fifteen days of the receipt thereof shall nominate one of the ??? to carry on the duties of the President till a new president is elected and upon such nomination being made the President shall be deemed to have vacated office.
(6) Members of the Orissa State Legislative Assembly and such other officers as may be nominated by the State Government shall be visitors, ex officio, of an Adalti Panchayat.
(7) Every Police Officer shall assist the members and servants of the Adalti Panchayts in exercise of their lawful authority.
(8) "Munsif" with reference to an Adalti Panchayat shall mean the Munsif having local jurisdiction in the area in respect of which such adalti Panchayat is constituted.
Schedule
1[Schedule
Tax on Vehicles
[See section 83(b)]
| Tax per half-year | |
| Rs. P. | |
| For every four-wheeled carriage drawn by horse. | 9.00 |
| For every two-wheeled vehicle including a Cart, Jhatka and Tanga but excluding a bicycle. | 4.00 |
| For every bicycle .. | 1.50 |
| For every rickshaw .. | 1.50 |
| For every cycle rickshaw .. | 3.00] |
1. Substituted by the Orissa Grama Panchayat (Amendment) Act, 1975 (Or. Act 29 of 1975), s. 4.