orissa act 006 of 1990 : Panchayat Samitis (Postponement of Election) Act, 1990

Panchayat Samitis (Postponement of Election) Act, 1990

ORISSA ACT 006 OF 1990

17 April, 1990

An Act to Provide for the postponement of election to Panchayat Samitis in the State and for matters connected therewith or incidental thereto.

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

Section 1. Short title and commencement

(1) This Act may be called the Orissa Panchayat Samitis (Postponement of Election) Act, 1990.

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

Section 2. Definitions

In this. Act, unless the context otherwise requires,

(a) Panchayat Samiti means a Panchayat Saniiti constituted under the Panihayat Samiti Act;

(b) Panchayat Samiti Act means the Orissa Panchayat Samiti Act, 1959 (Orissa Act 1 of 1960);

(c) words and expressions used but not defined shall have the meanings as assigned to them respectively in the Panchayat Samiti Act.

Section 3. Postponement of election and consequences

(1) Notwithstanding anything contained in the Panchayat Samiti Act, or any Notification or order issued thereunder,

(a) the election of member including the Chairman for reconstitution of every Panchayat Samiti of the State shall be held within 3[the 31st January, 1992];

(b) during the period beginning with the date of commencement of this Act and until the recosstitition of the Panchayat Samiti, the powers and duties of every Panchayat Samiti and its Chairman shall be exercised and discharged by the Sub-Collector having jurisdiction over the concerned Block.

(2) The election of members including the Chairman as referred to in clause (a) of sub-section (1) shall be held in accordance with the Panchayat Samiti Act and the rules made thereunder.

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

Section 4. Repeal and savings

(1) The Orissa Panchayat Samitis (Postponement of Election) Ordinance, 1990 (Orissa Ordinance No. 2 of 1990) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the provisions of this Act.

1. For Statement of objects and reasons see Orissa Gazette, Extraordinary, dated the 13th June, 1990 No. (762).

2. [Received the assent of the Governor on the 17th April, 1990 first published in an Extraordinary issue of the Orissa Gazette, dated the 21st April, 1990]

3. Substituted by the Orissa Panchayat Samitis (Postponement of Election) Second Amendment Act, 1991 (Orissa Act 23 of 1991), s. 2.