Orissa act 014 of 1996 : Orissa Panchayati Raj Finance Commission (Miscellaneous Provisions) Amendment Act, 1996

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Orissa Panchayati Raj Finance Commission (Miscellaneous Provisions) Amendment Act, 1996.

(2) It shall be deemed to have come into force on the 18th day of October, 1996

Section 2. Amendment of Section 1

2. Amendment of Section 1.- In Section 1 of the Orissa Panchayati Raj Finance Commission (Miscellaneous Provision's) Act, 1993 (hereinafter referred to as the principal Act), in sub-section (1), the words "Panchayati Raj" shall be omitted.

Section 3. Amendment of Section 2

3. Amendment of Section 2.- In Section 2 of the principal Act,-

(i) after clause (b), the following clause shall be inserted, namely:-

‘(b-1) "institution" means any Panchayati Raj Institution or a Municipality’; and

(ii) after clause (c), the following clause shall be inserted, namely:-

‘(c-1) "Municipality" means a Municipality as defined in the Orissa Municipal Act, 1950 (Orissa Act 23 of 1950)’,

Section 4. Amendment of Sections 3, 4 and 5

4. Amendment of Sections 3, 4 and 5.- In the Principal Act, for Sections 3, 4 and 5, the following Sections shall be substituted, namely:-

"3. The Commission shall consist of a Chairman and four other members out of whom one shall be appointed at the Member-Secretary:

Provided that Governor may increase the number of such other members if he considers it sd expedient in the interest of the Panchayati Raj Institutions and Municipalities.

4. (1) The Chairman of the Commission shall be,-

(a) a serving or a retired Judge of the High Court; or

(b) a person of eminence with substantial experience in public affairs; or

(c) a serving or retired Government Servant with wide experience in the field of administration; or

(d) an eminent economist.

(2) The members other than Member-Secretary of the Commission shall be selected from among the persons who-

(a) have special knowledge in public finance and accounts; or

(b) have had wide experience in the field of public finance and administration; or

(c) have special knowledge and experience relating to local self-Government in both urban and rural areas; or

(d) have special knowledge of economics.

5. The Member-Secretary of the Commission shall be appointed by the Governor from amongst officers belonging to the All India Service or any State Cadre, who have had at least ten years of service under the State Government and have adequate knowledge in public finance.".

Section 5. Amendment of Section 8

5. Amendment of Section 8.- In section 8 of the principal Act,-

(i) for sub-sections (1) and (2) the following sub-sections shall be substituted namely:-

"(1) Every member including the Chairman of the Commission shall hold office for such period as may be specified in the notification of the Governor appointing him, but shall be eligible for re-appointment:

Provided that he may, by letter addressed to the Governor, resign his office.

(2) The members of the Commission shall render whole time or part-time service to the Commission as the Governor may, in each case, specify"; and

(ii) in clause (c) of sub-section (3), after the words "Panchayati Raj Institution", the words "or Municipalites" shall be inserted.

Section 6. Amendment of Section 9

6. Amendment of Section 9.- In section 9 of the principal Act,-

(i) in sub-section (1) after the words "Panchayati Raj institutions" wherever they occur, the words "and the Municipalities" shall be inserted; and

(ii) in sub-section (2), in clause (a) after the words "Panchayati Raj institution", the words "or a Municipality" shall be inserted.

Section 7. Amendment of Section 11

7. Amendment of Section 11.- In the principal Act, for Section 11, the following Section shall be substituted, namely:-

"11. There shall be paid to members of the Commission including the Chairman and the Member-Secretary such fees or salaries and such allowances as the State Government may, by notification, determine.".

Section 8. Amendment of Section 13

8. Amendment of Section 13.- In the principal Act, in sub-section (2) of Section 13, for the word "Secretary", the words "Member-Secretary" shall be substituted.

Section 9. Amendment of Section 15

9. Amendment of Section 15.- In the principal Act, in Section 15, sub-section (2) shall be omitted.

Section 10. Repeal and a savings

10. Repeal and a savings.- (1) The Orissa Panchayati Raj Finance Commission (Miscellaneous Provisions) Amendment Ordinance, 1996 (Orissa Ordinance No. 2 of 1996) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.