Orissa act 007 of 1994 : Orissa Panchayat Samiti (Amendment) Act, 1594

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Orissa Panchayat Samiti (Amendment) Act, 1994.

(2) It shall come into force on such date, not being later than the 23rd April, 1994, as the State Government may, by notification, appoint.

Section 2. Amendment of section 1

2. Amendment of section 1.- In the Orissa Panchayat Samiti Act, 1959 (Orissa Act of 1960) (hereinafter referred to as the principal Act), in section 1,-

(a) in the marginal heading, for the words "and commencement", the comma and words "commencement end application" shall be… substituted; end

(b) after sub-section (4), the following sub-section shall be inserted, namely;-

"(5) Nothing in this Act shall apply to the Scheduled Areas referred to in clause (1) of article 244 of the Constitution."

Section 3. Amendment of section 3

3. Amendment of section 3.- In the principal Act, in section 3, after clause (b), the following clauses shall be inserted, namely:-

"(b-1) Election Commission" means the State. Election Commission consisting of a State Election Commissioner appointed by the Governor under article 243-K of the Constitution;

(b-2) "Finance Commission" means the Finance Commission constituted by the Governor under article 243-1 of the Constitution".

Section 4. Amendment of section 16

4. Amendment of section 16.- In the principal Act, in section 16.-

(i) for sub-section (1), the following sub-section shall be substituted, namely:-

"(1) Every Block shall have a Samiti consisting of the following members, namely:’

(a) the Chairman and the Vice-Chairman of the Samiti elected in the manner provided in sub-section (3):

(b) one member elected directly on the basis of audit suffrage from every constituency within the Block in the prescribed manner;

(c) Sarpanches of the Grama Panchayats situated within the Block;

(d) every member of the House of the People and of the Legislative Assembly representing constituencies which comprise wholly or partly the area of the Samiti; and

(e) every member of the Council of States who is registered as an elector within the area of the Samiti:

Provided that a Sarpanch suspended from office under the provisions of the Orissa Grama Panchayats Act, 1964 (Orissa Act 1 of 1965) shall cease to be a member of the Samiti during the period, of his suspension and the Naib-Sarpanch or, in his absence the person elected or nominated under section 21 of the said Act to exercise the Powers and perform the functions of the Sarpanch shall be deemed to be a member of the Samiti in place of the Sarpanch so suspended.

Explanation-For the purposes of clause (b), "constituency" shall mean a constituency as may be determined by rules mad, under this Act subject to the provision in article 243-C of the Constitution."

(ii) in clause (a) of sub-Section (2), for the word, brackets and letter "clause (A)", the word, brackets and letter "clause (b) shall be substituted and after the words "total population of that area", the words "and such seats shall be allotted by rotation to different constituencies in the Samiti area" shall be inserted;

(iii) in sub-section (3), for the word, brackets and letter "clause (h)", the word, brackets and letter "clause, (b)" shall be substituted;

(iv) after sub-section (3), the following sub-sections shall be inserted, namely:-

"(3-a) Notwithstanding anything to the contrary in sub-section (1),-

(i) Offices of Chairmen in Samitis shall be reserved for the Scheduled Castes and the Scheduled Tribes and the number of offices so reserved for the Scheduled Castes and the Scheduled Tribes shall bear, as nearly as may be, the same proportion to the total number of such offices as the population of the Scheduled Castes and the Scheduled Tribes respectively in the State beats to the total population of the State;

(ii) as nearly as may be, but not less than one-third of the total number of offices of Chairmen in Samitis shall be reserved for Women;

(iii) reservation of offices of Chairmen under this sub-section shall be made by the Government by rotation among different Samitis in the prescribed manner and the reservation so made shall be published by the Election Commission in the Gazette.

(3-b) The reservation of seats under clauses (a) and (b) of sub-section (2) and the reservation of offices of Chairmen (other than reservation for women) under sub-section (3-a) shall cease to have effect on the expiration of the period specified in article 334 of the Constitution"; and

(v) in sub-section (6), for the word, brackets and litter "clause (h)", the word ??? and letter "clause (b)" shall be substituted.

Section 5. Amendment of section 16-A

5. Amendment of section 16-A.- In the principal Act, in section 16-A, the words "or, as the case may be, the member of the Grama Panchayat" shall be added at the end.

Section 6. Amendment of section 16-B

6. Amendment of section 16-B.- In the principal Act, for section 16-B including its marginal heading, the following section shall be substituted, namely:-

"16-B. Superintendence, direction and control of elections to vest in the Election Commission.- The superintendence, direct on and control of the preparation of electoral rolls for, and the conduct of, all elections to Samitis shall be vested in the Election Commission".

Section 7. Amendment of section 18

7. Amendment of section 18.- In the principal Act, in section 18,-

(i) sub-section (2) including its proviso shall be omitted; and

(ii) for sub-section (3), the following sub-section shall be substituted, namely:-

"(3) All the members of the Samiti specified in sub-section (1) of section 16 shall have the right to vote at the meetings of the Samiti".

Section 8. Amendment of section 20

8. Amendment of section 20.- In the principal Act, in sub-section (3) of section 20, the words "or Notified Area", "or Notified Area Council" and "or Council" shall be omitted.

Section 9. Amendment of section 25-A

9. Amendment of section 25-A.- In the principal Act, in section 25-A. For the words "Notified Area Council or Municipal Council" and "any such Council", the words "Municipality" and "the Municipality" shall respectively be substituted.

Section 10. Amendment or section 31-A

10. Amendment or section 31-A.- In the principal Act, for section 31-A, the following section shall be substituted, namely;-

"31-A.(1) It shall be the duty of the Finance Commission to review the financial position of Samitis and to mate recommendations to the Governor as required under article 243-1 of the Constitution.

(2) The Finance Commission may, for the purpose, of maintaining sound financial position of Samitis, make such recommendations included measures needed for improvement of the financial position thereof, as it may deem fit.

(3) The Governor a kali cause every such ??? made by the Finance Commission together with an explanatory memorandum as to the action taken thereon to be laid before the Legislative Assembly."

Section 11. Amendment of section 41

11. Amendment of section 41.- In the principal Act, in section 41,-

(a) in sub-section (1), the words "and immediately reconstituted" and "The notification shall specify the time within which the Samiti shall be reconstituted;" and the proviso shall be omitted, and

(b) sub-section (6) shall be omitted.

Section 12. Amendment section 42

12. Amendment section 42.- In section 42,-

(a) in sub-section (1), the words "and may, in like manner by stating reasons therefor, extend such period from time to time go that the total period of ??? does not exceed six months" shall be added at the end;

(b) sub-sections (4) and (6) shall be omitted; and

(c) in sub-section (5), the word, brackets and figure "or (4)" shall be omitted.

Section 13. Amendment of section VI-A

13. Amendment of section VI-A.- In Chapter Vl-A of the principal Act,-

(a) in section 44-B,-

(i) in sub-section (1), for the words, brackets and figure "Election Commissioner be specified in sub-section (2)’, the words "Subordinate Judge having jurisdiction over the place at which the office of the Samiti is situated" shall be ???

(ii) sub-section (2), (4) and (6) shall be omitted;

(b) in sub-section (1) of section 44-C, the words "or any elector" eligible to vote at such election ??? shall be omitted, and

(c) for the words "Election Commission" ‘wherever they occur, the words "Sub-ordinate Judge" shall be substituted.

Section 14. Amendment of section 45

14. Amendment of section 45.- In the principal Act, in sub-section (1) of section 45,-

(i) in the opening portion of sub-section (1), the word, brackets and figure "and (2)" shall be omitted:

(ii) in clauses (p) and (r), for the colon ":" appearing at the end, the semicolon and word "; or" shall be substituted; and

(iii) after clause (r), the following clauses shall be inserted, namely:-

"(s) is less than twenty-one years of age; or,

(t) is not able to read and write Oriya; or

(u) has more than one spouse living; or

(v) has were than two children:"; and

(iv) after the proviso, the following proviso shall be inseted, namely:-

"provided further that the disqualification under clause (v) shall not apply to a person who has more than two Children on the date of commencement of the Orissa Panchayat Samiti (Amendment) Act, 1994 or, as the case may be, within a period of one year of such commencement, unless he begets an additional child after the said period of one year."

Section 15. Amendment of section 47

15. Amendment of section 47.- In the principal Act, in section 47,-

(a) in sub-section (1), for the words, brackets and figure "under sub-section (2)" the words, brackets, letter and figure "under clause (b) of sub-section (1), shall be substituted;

(b) in sub-section (2)-

(i) after the word "Chairman" occurring for the first time, the "or the Vice-Chairman" shall be inserted; and

(ii) after the word "Chairman" wherever they, occur subsequently, the words "or, as the case may be, Vice-Chairman" shall be inserted; and

(c) the proviso to sub-section (3) shall be omitted.

Section 16. Amendment of section 49

16. Amendment of section 49.- In the principal Act, for section 49 including its marginal heading, the following section shall be substituted, namely:-

"49. Duration of Samiti and election thereto.- (1) Every Samiti, unless sooner dissolved or superseded under this Act, shall continue for five years from the date appointed for its first meeting referred to in clause (a) of sub-section (3) of section 16, and no longer:

Provided that a Samiti constituted on the dissolution or supersession of Samiti before the expiration of its duration shall continue only for the remainder of the period for which the dissolved or, as the case may be, superseded Samiti would have continued under this sub-section had it not been so dissolved or, as the case may be, superseded.

(2) An election to constitute a Samiti shall be completed-

(a) before the expiry of its duration specified in sub-section (1); or

(b) where a Samiti is dissolved or ??? the expiry of it duration, before the expiration of a period of six months from the date of its dissolution:

Provided that where the remainder of the period for which the dissolved or, as the case may be, superseded Samiti would have continued is less than six months, it shall not the necessary to hold any election under this sub-section for constituting the Samiti for such period"

Section 17. Amendment or section 50

17. Amendment or section 50.- In the principal Act, in section 50-

(i) in sub-section (1), the word "non-official" shall be omitted; and

(ii) for sub-section (2), the following sub-section shall be substituted, namely:-

"(2) The members of the Samiti including the Chairman and Vice-Chairman shall be paid each sitting fee or daily allowance or both for every meeting they attend as the Government may, by notification from time to time, determine and all such fees and allowances shall be paid from out of the Panchayat Samiti Fund."