Odisha act 004 of 1956 : The ORISSA ANCHAL SASAN ACT, 1955

* ORISSA ACT No. 4 OF 1958

THE ORISSA ANCHAL SASAN ACT, 1955

( Received the assent of the Governor on the 3rd March 1956, first publis shed in an Extraordinary issue of the Orissa Gazette, dated the — 12th March 1956]

AN ACT TO PROVIDE FOR DECENTRALISED ADMENISTRA-

TION OF LOCAL AREAS BY OONSTITUTING

ANOHALS AND ANCHAL SASANS THEREFOR

IN THE STATE OF ORISSA

WHEREAS it is expedient to provide for decentra- lised administration of local areas by consti- tuting Anchals and Anchal Sasans therefor in the State of Orissa ;

It ishereby enacted by the Legislature of the State of Orissa in the Sixth Year of the Republic of India as follows :—-

CHAPTER I

Short title, 1, (1) This Act may be called the Orissa Anchal extentand Sasan Act, 1955. *

ment.

(2) It extends to the whole of the State of Orissa.

(3) This section and section 4 shall come into force at once and the remaining sections shall comeinto force in such area and on such date as the State Government may by notification under section 4 declare to be an Anchal. i Bnac tmonte 2. On and from the date of the notification, if repealad. any, a8 aforesaid on which the remaining provisions of this Act come into force in any Anchal the enactments specified in Schedule I and Schedule IY so far as they are in force in the State of Orissa For Statement of Objects and Reasons aca Orisen Gazette extraordinary, dated the 4th April 1958, nd for 8 C, Re, ss Oriesa Gazette, Batraordinary, dated the 6th August, 1986.

Definitions

shall from the date of the notification stand repealed to the extent mentioned in the third column ofSchedule I and amended to the extent mentioned. in the third column of Schedule IT in their applicationto the said Anchal:

Provided that such repeal shall not affect the

validity of anything done or suffered or any right,

privilege, obligation or liability acquired, accrued orincurred, or revive any office, authority or thing abolished cr extinguished, under the 'enactmentsnerebyrepealed :

Provided further that until a new assessmentis'made under this or any other Act, any assessment, tate or tax or any other levy which was in force in

an Anchal in pursuance of the provisions of the enactments specified in Schedule I shall continue toremain in force and all sums due or that may fail due on account of such agsessment, rate or tax or other levy shall, subject to the provisions ofChapter VIII, be realised in the manner prescribed.

3. In this Act unless thereis anything repugnantin the subject or context— .

(i) * Additional: District Magistrate' meansthe Additional District Magistrate of the district andwhere there are more than one Additional DistrictMagistrate in the district, the Additional DistrictMagistrate who is specially empowered by the StateGovernment under this Act 3

(ii) 'Agricultural year' means where theOriya year prevails, the year commencing on thefirstday of Baisakh of the Oriya year; where the Fasliyear prevails, the year commencing on the first dayof July and where any other year prevails, foragricultural purposes, that year ; Explanation—In the event of any question as to the particular agricultural year in any area thenotification by the Board of Revenue on this behalf

shall be conclusive ;

(i) 'Anchal'' means the area declared to be an Anchal under section 4 ;

(iv) 'Anchal Executive Officer' means an Officer appointed as such under section 79 ;

(v) 'Anchal Fund' means the fund constitutedunder section 160 ; (vt) 'Anchal Sabha' moans the Sabha consti-tuted undersection 9 ; (vit) 'Anchal Sasan' means the authority consti-tuted under section 4 ;

(vit) 'Area of Representation' means the area 80 formed under section 8 ;

(ia) * Centralised Pension Fund' means the fund specified under section 82 ;

(z) ' Competent Education Authority ' means the authority specified by any law for the time being in force controlling education to act in the matter in reference ;

(xt) 'District Board' means the body constituted pengal Aot for the local administration of the district Ht91995, under the Bihar and Orissa Local Self-Govern- xIvof 1920 ment Act, 1885, the Madras Local Boards Act, 1920 Oremoan and the Sambalpur Local Self-Government Act, 1939 ;

(xii) ' Executive Committee ' means the com- mittee constituted under section 67 :

(xiit) ' Grama Panchayat ', 'Grama Sabha' and 'Grama Fund' shall have the meanings assigned to them under the provisions of the Orissa Grama. Panchayats Act, 1948 ; SeteAct

(xiv) «Joint Committee' means the committee constituted under section 66 ;

(xv) ¢ Municipality? means a municipality orisss Act constituted under the Orissa Municipal Act, 1950 ; IORIof (avi) « Notified area ' means any area notified as such undersection 417 of the Orissa Municipal Act, orises Act 1950 ; arof

(awit) ' Prescribed ' means prescribed by rules — ° made by the State Government underthis Act ;

(aviie) * President 'means any person presiding over a meeting of the Anchal Sabha or anyofits Committees ;

(xiv) 'Provident Fund' means the fund specified under section 82 ; (wa) 'Resident' with all its grammatical variations and cognate expressions means, a person who (é) resides permanently in the Anchal; or (i) has his dwelling house within its loca) limits and occasionally visits it; or (ii) having no dwelling house of his own resides in a building or a part of the building situated within its limits for not less than six months during the calendar year immediately preceding the year in which the election is held; or

(v) maintains within such limits a dwelling house ready for occupation in charge of servants and occasionally occupies it ;

Co n stitn- tion of

Anchal

andAnchal Basan.

Incorpors- tion

Anchal

Babha,ita powers,

duties and functions.

{xai) ' Special Committee ' means a Commit- tee constituted under section 63 ; (ait) 'Technical Advisers' means advisers nominatedyas such under section 88 ; (zwni) ' Village ' means any area recorded as a village [in,ftheyRevenue records of the district in which it is situated ; and

(xaiv) 'Year ' means the year commencing on the Ist;dayof September.

4. The State Government may by notification declare, for the purposes of this Act, any compact local area not overlapping the boundaries of a district. to be an Anchal and specify the name of the Anchal and constitute an Anchal Sasan for the same :

Provided that the State Government may after making such enquiry and in such manner as may be prescribed, by notification, (¢) exclude from any Anchal any area comprised therein, or (é¢) include in any Anchal any area contiguous to the same and within the same district, or (dit) cancel or modify a notification under this section, or (tv) alter the name of any Anchal:

Provided further that the area within the juris- diction of any of the Municipal Councils specified in Schedule III to this Act shall not be included in any Anchal.

5. Every Anchat Sasan shallbe a body corporate by the name of the Anchal for which it is constituted and shall;have perpetual succession and a common seal with power to acquire and hold property both ~ movable and immovable and subject to the provisions of ,this; Act or of any rules made thereunder, to transfer any property held by it, to enter into contracts and to do all other things necessary for the purpose of carrying out the provisions of this Act and may sue and be sued in its corporate name.

6. There shalt be for every Anchal Sasan an Anchal Sabha as hereinafterconstituted and save as otherwise expressly provided by or under this Act the powers, duties and functions of the Anchal Sasan shall be exercised, performed and discharged by the said Anchal Sabha :

Provided that pending the formation of .an Anchal Sabha the State Government may nominate an Officer not below the rank of a Deput Collector who shall exercise all the powers on beha. of the Anchal Sabha subject to such general orders or special directions a8 the State Government may from time to time issue in this behalf.

^ent^ofthority ofeAnchal utive

Alonstitutoh

of Anchal

Sabha.

Election

7. Save as otherwise expressly provided by or under this Act, the executive power of the Ancha Sabha for the purpose of carrying out the provisions of this Act shall be exercised by the Anchal Executive Officer appointed under section 79, who shall act under the authority of the said Anchal Sabha.

8. On the declaration of an area as an Ancha - under section 4 the State Governmentshallnotify the division of the Anchal into areas of representation for the constitution of an Anchal Sabha in the following manner :—

(a) the area within the jurisdiction of 'a Municipal Council, Grama Panchayat or a Notified Area Council shall each be an area of representation ;

(b) all villages not falling within a Grama Pan- chayat or any Municipality or Notified Area Counci shall be grouped into different compact areas each having a population of not less than two thousand but n « exceeding four thousand inhabitants and each such area shall be an area of representation.

9. . n Anchal Sabha shall consist of—

(a) Members duly elected undersection 10; and

(b) Members duly co-opted in the prescribed manner undersection II for special representation of women, Scheduled Castes, or Scheduled Tribes.

10. (1) Within fifteen days of the declaration of the division of an Anchal into areas of representa- tion, the Collector shall call upon each Grama Panchayat and each Municipality or Notified Area Council within the Anchal te duly elect from jamongst the persons esiding within their respective urisdictions, a repre sentative to the Anchal Sabha and such Grama Pan chayat, Municipality or Notified Area Council shall thereupon elect a representative nthe prescribed manner:

Provided that nothing herein contained shall debar a ; emberi or councor,as_ the case may be, of such Locel authority frombeing so elected to thel Anchal Sabha.

(2) For an area ofr epresentation for which there isno Grama Panchayat, Municipality or Notified Arel Council, there shall be elected in the presscribed manner a representative from amongst the personal ordinarily residing in the said area,to the Ancha Sabha,

ose ; 11. If in an Anchal the election does not tion, return 6a representative of a Scheduled Caste, or @ woman and in Anchals specially notified by the State Government in this behalf, a Member belonging to the Scheduled tribe, the Anchal Sabha shall co-opt in the prescribed manner a Member ordinarily residing in the Anchal from each of the class or classes not represented. Explanation--A person shall be deemed to reside ordinarily in an Anchal if he (<) resides permanently in the Anchal ; or (i#) has his dwelling house within its local limits and occasionally visits it ; or (a) having no dwelling house of his own resides in a building or a part of the building situated within its limits for not less than six months during the calendar year immediately preceding the year in which the election is held ; or (iv) main- tains within such limits a dwelling house ready for occupation in charge of servants and occasionally occupies it,

Tenureof 12. (1) A Memberelected for an area of represen- Membership. tation under sub-section (2) of section 10, or sub- section (3) of section 13, or co-opted under section 11, shall not hold office for more than three years. The Anchal Executive Officer shall at such time and in i such manner as may be prescribed, take stepsbefore the expiry of the term of office of such elected or co-opted Member for the election or co-option of a successor, as the case maybe.

(2) Notwithstanding anything contained inthis Act or any rule made thereunder an outgoing Member of the Anchal Sabha shall continue to hold office until his successor enters upon the office in accor- dance with the provisions of this Act. Vacation of 13. (1) Whenever a Grama Panchayat, Munici- andflan? pality or Notified Area Council has been abolished, vacancy. superseded or dissolved, as the case may be, or where the membership in such Local authority, of a representative elected under section 10 expires by efflux of time or ceases otherwise, the representative elected by such Local authority under the said section * shall cease to hold office in the Anchal Sabha. If such | i a Grama Panchayat, Municipality or Notified Area Council is not formed or reconstituted, within the prescribed time in the area of representation, the Anchal Sabha may, in the prescribed manner, co-opt a Member from the said area, who shall continue to hold office pending such formation or reconsti- tution, Ji nieek:

bes

Publication — in the

Ganotte,

(2) If a Grama Panchayat, Municipality or Notified Area Council is formed newly in an Anchal eo-terminus with one or more areas of representation, the Members elected under sub.section (2) of section lu for such area or area. of representation of the Anchal shall vacate the seat from the date on which the notification of election of a representative. from the newly formed Local authority to the Anchal Sabhais published. .

(3) If a Grama Panchayat, Municipality or Notified Area Council is newly formed in an Anchal andits area instead of being co-terminus with the area or areas of representation overlaps other area or areas. so a3 to include a portion or portions thereof in the newly formed Grama Panchayat, Municipality or Notified Area Council, the Members elected under sub-section (2) of section 10 prior to such overlapping for such area or areas of representation shall cease to hold office from the day of re-election as hereinafter provided.

The State Government shall, consequent to such overlapping redistribute' the area or areas of re- presentation as new areas of representation under clause (4) of section 8 and Members shall be re-elected for such areas in the manner provided in sub- section (1) of section 10.

(4) Within fifteen days of tho first meeting of the Grama Panchayat, Municipality or Notified Area Council newly formed or reconstituted by-a general election the Anchal Executive Officer shall call upon the Grama Panchayat, Municipality or Notified Area Council to elect its representative in the prescribed manner to the Anchal Sabha and the Grama Panchayat, Municipality or Notified Area Council concerned shall elect such representative in the preseribed manner,

(5) Ifa seat in an Anchal Sabha falls vacant ander the provisions of this Act or rules made there- under, the Anchal Executive Officer shall call upon the area of representation concerned to elect or move the Anchal Sabha to co-opt, as the case may be, @ new representative to the Anchal Sabha.

14. (1) On the first election of Members under section 10 their names shall be published in the Gazette within such period and in such manner an may be prescribed 1

Memkethip, or co-option as a Member of the Anchal Sabha,if such person—

48S

Provided that the State Government may, if they are satisfied that certain areas of representa-~ tion have failed without sufficient cause to elect or send the namesof their representatives to the Anchal Sabhafor publication within the prescribed period, cause the publication of the names of the representa- tives already received within such period and in such manner as may be prescribed,

(2) The names of other Members elected, or co-opted from timeto time shall be published in the Gazette in the prescribed manner.

15. (1) If any person is elected to more than one

. area of representation or is elected to more than one Anchal Sabha, he shall, by notice in writing signed by him and delivered to the Collector within the prescribed time and manner, declare for which of the areas of representation or Anchal Sabhas, he elects. to serve and such declaration shall be conclusive.

(2) When any such declaration has been made his seat in other areas. of representation or the Anchal Sabha for which such person was elected, shall fall vacant. .

22H(3) If the candidate does not make the declara- tion referred to in sub-section (1) within the presorib- ed time the election of such person shall be void in all the areas of representation or the Anchal Sabhas concerned and action shall be taken for election to all the vacancies.

16. (1) No person shall be eligible for election

(a) is not a citizen of India ; or () is appointed a Member of the Counoil of Ministers, or elected as Speaker of tho Orissa Legislative Assembly ; or

(@)is on undischarged insolvent or being discharged insolvent has not obtained from the Court a certificate. that insolvency was caused by misfortune without misconduct on his part ; or

Procedure fur vacation on disquali- fication.

(e) is employed asa paid jegal practitioner on behalf of the Anchal Sasan or against the Anchal Sagan ; or

(f) is an officer or employee holding office under the Anchal Sasan or has been dismissed from the Anchal Service ; or

(9) is a Government servant either whole-time or part-time ; or

(A)has been dismissed from Government service ; or .

(3) being an employee of any Local authority whether whole-time or part-time has beon dismissed from service by the said Local authority ; or

(J) is a habitual offender or has been convicted and sentenced to imprisonment for a term exceeding six months for an offence involving moral turpitude or ordered to give security for good behaviour under section 110 of the Code of Criminal Procedure, 1898;or ac of (4)is interested in a subsisting" contract made with or by or on behalf of the Anchal Sasan except as a share-holder in a co-operative society or as a Director, Secretary, Manager or any other office- holder of such society or as a share-holder in company other than a Director :

Provided that a person shall not be deemed to have anyinterest in such contract by reason only ofhis having a share or interest in—

(a) any lease, sale or purchase of any property or any agreement for the same ; or

(b) any agreement for the loan of money or any security for the payment of money only.

(2) Notwithstanding anything contained in sub-section (1) the State Government may, by order

in writing remove any of the disqualifications prov ided

in clauses (g), (¢) and (j) of sub-section (1).

47. (1) Any person elected or co-opted a s a

Member of an Anchal Sabha shall, if he becomes

disqualified under the provisions of this Act, ce ases

to be @ Member of the Anchal Sabha and the Stat e

Government shall by a notice call upon him fo rths

with to vacate the seat.

(2) If the Member on notice issued under sub- section (1) contests the disqualification in the

Election petition.

prescribed manner, the State Government shall refer the case for decision to an Additional District Magistrate of the district, who after making such enquiry ashe may deem necessary shall determine whether or not such person is disqualified and his decision shall befinal.

(3) Where a case has been referred to the Addi- tional District Magistrate under sub-section (2) the Member shall not be deemed to have vacated his seat by reason of disqualification until the Addi- tional District Magistrate 80 decides.

18. (1) The election of any person as a Member of an Anchal Sabha may be questioned by election petition on the ground that—

(@) such. person committed. during or in respect of the election proceedings any corrupt practice as defined in section 28 ; or

(b) such person was declared to be elected by reason of improper rejection or admission of one or more votes or for any other reason and was not duly elected by a majority of votes ; or

Provided that no election petition shall lie on the ground of wrongful admission or rejection of nomina- tion paper for which an appealshall lie within such period as may be prescribed to an Additional District Magistrate whose decision in this behalf shall be final.

(2) The election of any person as a member of an Anchal Sabha shall not be questioned on the ground that —~

(a) there was a casual vacancy in membership or there was a defect in the constitution of the Grama Panchayat, Municipality or Notified Area Coun- oil ; or

(6) there was any non-compliance' with the provisions of this Act or any rule made thereunder or any mistake in the forms required thereby, or any error, irregularity or informality on the part of the officer or officers charged with carrying out the pro- visions of this Act, or any rules, unless such non- compliance, mistake, error, irregularity or informality has materially affected the result of the election.

e Form of Petition Interplead- ing.

Procedure

19. (1) The petition shall be presented by any candidate duly nominated in the election or by an elector of the electorate before the Additional Dis- trict. Magistrate together with a deposit of one hundred rupess as security for costs within fifteen days after the day on which the result of the election was notified in the Gazette and shall specify the ground or grounds on which the election of the opposite party is questioned and shall contain a summary of the circumstances alleged to justify the election being questioned on such grounds. Explanation—In this sub-section ' elector' means a person who was entitled to vote. at the election to which the election petition relates whether he has voted at such election or not.

(2) A person whose election ia questioned and all other candidates duly nominated at such election shall be impleaded as opposite parties to the petition.

20. Every opposite party may give evidence to prove that any person in respect of whom a claim is made that such person be declared elected in his place orin priority to him should not be declared so elected, in the same mannerasif ho had presented a petition against the election of auch persen,

21, (1) An election petition shall be heard by an Additional District Magistrate within whose jurisdic- tion the area of representation concerned may be situated at a place in the Anchal or in a Municipality contiguous to the Anchal.

(2) Such Additional District Magistrate ( hercin- after referred to asthe Tribunal) shall be deemed to exercise jurisdiction aa persona designata. 22, (1) The Tribunal shall, as soon as may be, cause a copy of the petition together with the particulars 'referred to in sub-section (1) of section 19 to be aerved on the opposite parties referred to in sub-section (2) of the said section.

(2) Except as otherwise expressly provided. by this Act or the rules made thereunder the procedure provided in the Code of Civil Procedure, 1908, for Act vo «f the trial of suits, shall, so far as may be practicable, 6 be followed in the hearing of election petitions:

Provided that—

(a) any two or more election petitions relating to the election of the same. person may be heard together 5

Powers of tha Tribunal and proce:

dure for

wervice of notices and Process.

(b) the Tribunalshall not be required to record the evidence in full but shall make a» memorandum of the evidence sufficient in its opinion for the purpose of deciding the ,case ;

(ec) the Tribunal may, at any stage of the proceedings, require the petitioner to give further security for the paymentofall costs incurred orlikely to be incurred by any opposite party and if within the timefixed by it or within such further time as it may allow such security is not furnished, may dismiss the petition ;

(d) tho Tribunal for the purpose of deciding any issue, may require the production of or may receive so much evidence, oral or documentary, as it considers necessary ;

(e) there shall be no appeal and no application in revision against or in respect of the decision of the Tribunal ; °

(f) the Tribunal may review its decision on any point on the application of any person considering himself aggrieved thereby if the applica- tion is presented within fifteen days from the date of decision. — .

23, (1) Unless it is otherwise prescribed the Tribunal shall have the same powers and privileges as the Judge of Civil Court and the service of all process and notices issued by the Tribunal shall on requisition byit be effected by a SubdivisionalMagistrate having jurisdiction.

(2) An order for the realisation of security bond for costs passed by the Tribunal may be sent by it for execution to the Collector of a district within which the area of represéntation concerned is situate ~ and thereupon the Collector shall realise such costs as Finding.

if they were an arrear of land revenue.

24. (1) If after holding an enquiry in accordance with the provisions of this Act, the Tribunal finds, in respect of any person whose election is called in question by a petition, that his election was valid, it shall dismiss the petition as against. such person and may award costs at its discretion. {2) Lf the Tribunalfinds that the election of any person was invalid, it shall either—

(a) declare » vacancy to have been created ; or

| (b) declare another candidate to have been ee duly elected, whichever course appears in the particular circumstances of the case, more appropriate and in either case may award costs at its discretion. Corrapt 25. Notwithstanding anything contained in the Exprerer'" preceding sections, if the Tribunal in the course of provedure. hearing of an election petition is of opinion that the evidence discloses—

(i) that corrupt practices have prevailed at the election proceedings in question to such an extent asto render it advisable to set aside the whole proceedings ; or

| (i) that the result of election has been is materially affected by any non-compliance with the provisions of this Act or any rules made thereunder, any wistake in the forms required thereby or any

. error, irregularity or informality on the part of any officer charged with or carrying out any duty under this Act, or rules made thereunder ;

it shall set aside the whole proceedings and direct the Anchal Executive Officer to take measures for holding. fresh election proceedings and if the election is set aside for any cause which is the result of acts of a candidate or his agent, may declare that candidate to be disqualified for the purpose of such fresh election.

Ezplanation—In this section the expressions 'the election proceedings in question' and 'the whole proceedings' shall mean all proceedings commencing from the filing of nomination and terminating with the declaration of election, taken in respect of the single poll in any area of t representation.

Declaration 26. The Tribunal may declare any candidate isquali- found to have committed any corrupt practice under the foregoing section to be incapable for any period not exceedingfive years, of being elected as a member of the Anchal Sabha or of being appointed or retained in anyoffice or place in the gift, disposal, pay or y service of the Ancha] Sasan :

Provided that a disqualification under this Act ' may be removed by en order of the State Government ' , in this behalf.

Soyings 27. Where a candidate, who has been elected

. to be a Memberof an Anchal Sabha is declared by the Tribunal not to heye been duly elected, acts fication.

"ToGiab suchpersonis 'entitled to vote shall on conviction be punishable with imprisonment which may oxiond to three months or with fine or with bo

done by him by virtue of the office before the time when the decision is intimated in the prescribed manner to the Anchal Executive Officer shall not be invalidated by reason of that declaration. agpaag 28. (1) A person shall be deemed to have commit- Pree ted a corrupt practice who directly or indirectly by himself or by any other person—

(a) induces or attempts to induce by fraud, intentional misrepresentation, coercion or threat of injury, any voter to give or to refrain from giving a vote in favour of any candidate ;

(6) with a view to inducing any voter to give or torefrain from giving a vote in favour of any candidate, or in consideration of any voter having voted or refrained from voting for any candi- date, offers or gives any moneyor valuable considera- tion of any place or employnent or holds out any promise of individual advantage or profit to any person including a promise ot spiritual salvation ;

(c) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will becomeor will be rendered an object of divine displeasure or of spiritual censure with a view to influence him in any way in connection with the election ;

(d) systematically appeals to vote or refrain from voting on groundsof caste, race, community or religion or uses or appeals to religious and national symbols, such as, the national flag and the: national _ emblem, for the furtherance of the prospects of a candidate's election ; .

(ce) employs, instigates or threatens any form of social boycott of any voter or candidate or of any onein which such voter or candidate is interested ;

(f) gives or procures the giving of a vote in the nameof a voter whois not the person giving such a, vote;

(g) offers any money or valuable consideration to any person to induce him to withdraw from being a candidate at an election or being a candidate accepts any money or valuable vonsideration so offered ;

(4) abets ( within the meaning of the Indian

Explanations—(i) A 'promise of individual advantage or profit to a person' includes a promise for the benefit of the person himself or of any one in whom heis interested, but does not include a promise to further propose orto vote for or against any particular Anchal Sasan measure or work. (it) No agent, clerk, "messenger or other person who may in accordance with prescribed rules be employed for remuneration by a candidate at an election shall, by reason of such employment alone, be deemed to come within the provisions of this section.

(iit) A corrupt practice shall be deemed to have been committed by a candidate if it has been comnit- ted with his knowledge or consent or by a person whois acting under the general or special authority of such candidate with reference to the election.

(2) Every person who is guilty of a corrupt practice at or in connection with an election hed under the provisions of this Act shall on conviction be punishable with imprisonment which may extend to six months or with fine or with both. Folsificattom 29. Every person who falsifies or attempts to peed falsify the record of an election by removing, _ destroying, altering or fabricating nomination papers or voting ponent or by any other act or by any omission shall on conviction be punishable with imprisonment which may extend to one year or with fine or with both.

Infringement 30. Every polling officer, who except for some nr purpose authorised by law, communicates to any rson any information showing directly or in- directly for which candidate any voter has voted and every person who by improper means procures any such information, shall on conviction be punish- able with imprisonment of either description for a term which may extend to three months or with fine or with both.

(0 31. Every polling officer who permits a person Felliag to vote knowing that such person is not entitled to vote or who prevents a person from voting knowing that such person is entitled to vote shall on conviction be punishable with imprisonment which may extendto three months or with fine or with both.

Cognizancs =»--§-: 32, No Magistrate, other than. a Magistrate of or ousn'e** the first class, shall take cognizance of any offence punishable under sections 28, 29, 30 and 31. nor shall

any Magistrate take cognizance of such offence—

(a) except on the complaint of a person whose name is on theelectoral roll ; ; to (6) unless such a complaint in respect of an offence either under section +28 or 31 or section 29 or 30 has been made within 14 days or 45 days respectively from the date of the -declaration of the result of any election to which the offence relates 3 and.

(c) except inthe case of an offence punishable under sections 29,30 and 31 unless the persons complaining shall have deposited fifty rupees. The deposit mentioned in clause (c) shall be refunded to the complainant if the complaint is found to be true or if for any other reason, the Magistrate so directs.

Barto inter. 33. No election of a Member of an AnchalGonce »Y Sabha shall be called in question in any Court except under the procedure provided by this Act and the

rules, if any, made thereunder and no order passed

by the Tribunal in any proceeding under this Chapter =for hearing of an election' petition shall be called in question in any Court and no court: shall grant

an injunction—

(7) to postpone an election of a Member of an Anchal Sabha ; or

(71) to prohibit a person, declared to have been duly elected under this Act from taking partin the proceedings of the: Anchal Sabha of which het _ has been elected a Member; or ' (#2) to prohibit. a Member formally electedi or appointed to an Anchal Sabha from enteringupon his duties.

34. A member of an Anchal Sabha other than the Chairman or Vice-Chairman mayresign his office by writing under his hand addressed to. the

Chairman of the Anchal Sabha and thereupon theoffice shall fall vacant. Absence 35. A member of an Anchal Sabhashall in thei meetings event of his failure to attend six consecutive meetingsi ire of the Sabha cease to hold office and thereupon ' me the office shall fall vacant. Resignation

CHAPTER If Cuainman, Vicu-CaaInMan AND MEMBERS Eisepee 36. (1) Within fifteen days of the publication of Arshad0 the names. of Members elected to a new A nchal Sabha

Sabhe, eo" under section 14, the Collector of the d istrict shall

Ghsirmen call the first meeting of the said Sabha consisting of

RAtheVico the said elected Members for the co-opti on of Members -

as provided under this Act and a Member electe d

by the Members present shall preside over suc h a

meeting. The President of the meeting shall fix

a date notlater than fifteen days from the date of

the first meeting for the purpose of election of the

Chairman and the Vice-Chairman from amon gst its

Members.-

. (2) On the date so fixed under sub-secti on (1) the

Collector shall call the next meeting of the A nchel

Sabha and at such meeting the said Sa bha shall

_ elect from amongst its own Members its Chair-

. man and the Vice-Chair man. The Collector of the district or an officer, not being below the r ank of a

Subdivisional Magistrate, nominated by h im shall

preside over the meeting.

(3) Within fifteen days of occurrence of any

«vacancy'in the office' of the Chairman or Vice-Chair-

man the Collector of the district shall cal l upon the

'Anchal Sabba to elect. the Chairman or Vice-Chair-

man, a8 the case may be, at @ meeti ng specially

convened for the purpose.

(4) If the Members of the Anchal Sab ha fail to

elect a Chairman or Vice-Chairman under sub-sec-

tion (2) or sub-section (3) the Stat e Government

may fill up these offices by appo intment from

amongst the members of the Anch al Sabha until

such time as the Anchal Sabha may elect. such

Chairman or Vice-Chairman in t he prescribed

manner.

* - (8) "ho names of the

Chairman and the Vice-

' Chairman shall b

e published ia the Gazette. Jeave of 37. An Anchal Sabhé may grant leave of

abusnee,

agence to-its Chairman or Vice-C hairman for any

period not exceedingythree months i n any one year

and simultaneously elect a person wh o shall act in the

vacancy during the period of leave.

CHAPTER UT

Procesprnes of AN AnouaL Sapa Meetings 43. An Anchal Sabha chall meet not less than six times during any year for the transaction of

business and a period exceeding two months sha ll

. not be allowed to elapse between two successive

meetings.

Gonvening 44. (1) As soon as may be after h is election,

x wf mecti5g™ the Chairman shall call'a meeting of th e Members.

Notice of such meeting specifying the time - and

place thereof and the business to be transac ted

'thereat shall be despatched to every Member and exhibited at the Anchal Office fifteen clear da ys

before the meeting.

(2)The date of the next meeting shall be declared by the Chairman or the President at the

meeting held under snb-section (1) and notice of e very

such subsequent meeting specifying the time and place

shall be exhibited in the Anchal Office and bo deemed to be sufficient notice of such subsequent meeti ng.

(3) The notice shall contain a list of busines s to

be transacted ina subsequent meeting together with

the time and place for such meeting and wi th such

details and in such form as may be prescribed and be

' despatched: to every Mem

ber and exhibited at the"

'Anchal Office fifteen clear days before the date of

meeting.

(4) All matters specified in a notice under sub+ secti ns (1) and (3) shall, subject to the appr oval of

the Chairman or the President, as the case may be,

pe included in the agenda of a mocting a nd. no

efeiamen __

98, (1) An appointed Chairman or Vice-Chairmaner Vice mayresign by writing under his hand addressed to +Chairmen, the State Government and on such resignation beingaccepted he shall be deemed to have vacated hisoffice. a 5

(2) An elected Chairman or Vice-Chairman of an"Anchal Sabha may resign his office by writing underhis hand addressed to the Vice-Chairman if fe is theChairman and to the Chairman if he is the Vice- ..Chairman,

(3) The Anchal Executive Officer shall placethe resignation under gub-section (2) before the next meeting of the Anchal Sabha and thereupon theChairman or the Vice-Chairman, as the case may be, ' shall be deemed to have vacated the office, Chairman or 39. Notwithstanding anything contained in 'eetShaa Section $8 the Chairman and' the Vice-Chairman ofeftce pend- an Auchal Sabha shall continue to hold office until crfppont election or' appointment of his successor igment. made. Removal of 40. (1) The Chairman or Vice-Chairman of anChairman Anchal Sabha may at any time be removed from ;Ghairan, Office by a resolution of the Anchal Sabha in favour 'of which not less than two-thirds of the total numberof Members of such Sabha have given their votesat a meeting convened on the written requisition of not less than one-third of the total number ofMembers :

Provided that at such a meeting the Colleo-tor of the district shall preside.

(2) The resolution wnder sub-section {1) shall beforwa ded to the State Government where: pon the—-State_Go-vammant, shell note 1 —s.

business other than those specified in the said noticeshall be transacted at the said meeting except with : 'the consent of all the members present :

Provided that any matter notice whereof has .been given in the prescribed form and manner by a ~Member;to be discussed{at the meeting shall,' if' theChairmanor the President considersit relevant, be 80 discussed and the decision in that behalf of the Phairman or'the President, as the casemay be,{ shall e nal,

Epmer o

the 45. The Chairman or 'in his absence the Vice?Vice ° Chairman or in the event of either being absent of Gem incapable of acting due to unavoidable reasons, theAnohal §

Anchal Executive Officer may, wheneverit is requiredExecutive underthe Act, calla meeting of the Anchal Sabha. icer to calla

meeting.

Adjournment 46. (1) Any meeting of the Anchal Sabha maywith the consentof the majority of Members present,be adjourned to any other date, but no businessother than thatleft over at the adjourned meetingshall be transacted at such subsequent meeting, '

(2) A notice of such adjournment posted at the :Anchal Office on the date on which the meeting is ¥adjourned shall be deemed to be sufficient notice ofthat meeting, Public not 47. Members of the public shail not be admittedcapttea, to the meeting of the Anchal Sabha, but the Presidentof the meeting may allow the Technical Advisers ofthe Anchal Sasan or anyofficer of the State Govern-ment to take part in the discussions but such personsshall have no right to vote:

Provided: that the President may in hisdiscretion permit any Sarpanch, Naib-Sarpanch orthe President' of an Adalti Panchayat within thelocal limits of the Anchai, to attend any meeting ofthe AnchalSabha'or' any of the Committees consti-tuted under this Act as a visitor and such permissionshall not be called into question by any Member cfthe Anchal Sabha or the said Committee : x Provided farther that the President may inhis§ discretion§ request] a Member: of the Orissa .Legislative Assembly ora Member of the Parliament *representing any area in the Anchal to address ameeting in any matter concerning the affairs of theAnchal or any of the committees constituted underthis Act.

- President of the meeting. Queram

"Power to ail for Proceedings. Production of records. 6}

48, At the meeting of the Anchal Sabha the Chairman shall preside andin his absence the Vice- Chairman and if both are absent, then the Members present shail choose one from amongst themselves to preside at the meeting.

49.(1) No business shall be transacted at a meeting unless a quorum of one-third of the Members of the Anchal Sabhais present at the commencement of the meeting,

(2) If at a meeting there are not sufficient Mem. bers present at the commencement of the meeting to form a quorum,the President shall adjourn it to such time or date as he thinks fit and notify the same to the Members and the business set down for the meeting shall be taken up at the subsequent meeting whetherat such subsequent meeting there is quorum or not.

(3) No business other than the business fixed for the original meeting shall be transacted at any such subsequent meeting.

(4) A notice of adjournment exhibited at the Anchal Office on the date on which the meeting is adjourned shall be deemed to be sufficient notice of the subsequent meeting.

50, The Anchal Sabha may at any time coal! for any return, statement, account or report concerning or connected with any matter with which any Committee constituted. under this Act is empowered by or under this Act to deal, and every such requisition shall be complied with by the said Committee.

51. The Anchal Sabha may at any time require the Anchal Executive Officer—

(a) to produce any record, correspondence or other document which is in his possession or control as Anchal Executive Officer ;

(6) to furnish any return,plan,estimate, state- ment, account or statistics concerning or connected with any matter appertaining to the administration of this Act ; and

(e) to furnish a report by himself or to obtain from any of the officers subordinate to him, and furnish with his remarks thereon @ report upon any subject concerning or connected with the administra. tion of this Act :

Provided that the Anchal Executive Officer may defer such productiontill the next meeting and

« 6 if he is of opinion that the production of any such record, correspondence or document or furnishing of any such returns, plans, eatimates, . Btatements, accounts, statistics or report will be detrimental to the pubic interest or the interest of the Anchal Sasan he shall refer the matter to the Chairman whose decision shall be final.

Gosations 52. Subject to any rules that may be made in this behalf a Member may at any meeting put questions concerning ot connected with the adminis. tration of the Anchal and the answers to the same shall be furnished in the prescribed manner. Member 53. (1) No Member of an Anchal Sabha or anySbcont'rem Of its Committee shall vote on or take part in the faking pert discussions of any qucstion coming up for considera-aetion at a meeting of the said Anchal Sabha or the Committee if che question is one in which, apart

from its general application to the public, he has

any direct or indirect pecuniary interest,

(2) The Prosidont of the Anchal Sabha or of any of the Committees constituted uader this Act, may, either on bis own motion or on the motion of any Member present, prohibit any Member from voting or taking part in the discussion of any matter in which he believes such Member to have interest or he may require such Member to abseat himself during the discussion, °

(3) Such Member may challenge the decision of the President who shall thereupon put the matter to themecting. The decision of the meoting shall be final,

(4) If the President of an Avchal Sabha or any of the Committees on information received is satisfied that a Memberhas voted or taken part in the discus. sions in any meeting in contravention of the provisions of sub-section ( 1) or sub-section (2), he may, in a meeting held within a period of two months from the date of information, call upon the Anchal Sabha or the Committes, as the case may be, to reopen andrevise its decision and such decision shall be final.

Preservation 54. (1) It shall be the duty of the President to sforder. preserve order in a meeting and in the event of any grave disorder arising therein he shall have power to

adjourn or suepend the meeting as he deome fit.

—

ae Decision by majority. Savings

Minute

Book.

(2) A member whoin the opinion of the President is guilty of disorderly conduct in any meeting may be ordered by the President to leave the meeting forth- with and such order of the President shall be final orebinding and shall not be questioned in any court of law,

(3) If in spite of the orders of the President to withdraw a member persists in remaining at the meeting the President may take such steps as he may deem fit to cause such member to be removed and such member shall on a complaint by the President in that behalf be also liable on conviction to be punished with a fine which may extend to one hundred rupees,

55. (1) Except as otherwise provided by or under this Act, all questions brought before any Meeting held under this Act, shall be decided by & majority of votes of the Members present and ia the case oi equality of votes the President shall have a@ second or a casting vote:

Provided that in the case of equality of votes at the election of Chairman or Vice-Chairman of the Anchal Sabha the President shall not exercise casting vote and the result shall be decided by lot.

(2) Except as otherwise provided by or under this Act no subject finally disposed of by an Anchal Sabha shall be considered by it within 'six months unless the recorded consent of not lesa than three- fourths of its Members has been obtained thereto, or unless the State Government has directed its reconsideration.

56. No act or proceeding of the Anchal Sabha orany of its Committees shall be questioned on account of any vacancy in the membership or any defect in the election or qualifica- tion of the Chairman, Vice-Chairman, President or Member thereof or any defector irregularity in any such act or proceedings not affecting the merits of the case,

57. (1) Minutes recording the proceedings at every meeting of the Anchal Sabha or any ofits Committee and the names of Members present shall be entered in the minute book and confirmed at the same or the next meeting by the President after being read out in the meeting, ,

Appoint. ment of Committees, Committes for Educa» tion,

(2) A copy ofthe minutes of the proceedings ofeach meeting of the Anctal Sabha shall be forwardedto the Members and the Collector of. the dist: ict orsucb other authority as. the State Gevernment may appoint in this behalf within seven days of themeeting,

CHAPTER IV

Commirrrss

58. (1) In each Anchal Sasan there shall beCommittees for (1) Education, (2} Public Health and(3) Agriculture and Development for the purpose ofexercising such of its powers or performing such ofits functions as may bespecified in this Act or in thetules made thereunder,

(2) Subject to the other provisions ofthis Actthe conduct of the business of the committees consti- tuted under this chapter and the membershipthereof shall be regulated in the prescribed manner,

59. (1) The Committee for education shall consist of—

- (a) the Chairman or the Vice-Chairman cf theAnchal Sabha according as may be decided by the Sabha, who shall be the Chairman of the Committee ;

(6) the Anchal Educatiéti Officat, Member ex-officio ;

(c).the Anchal Executive Officer who shall he Momber-Secretary, ex-officio of the Committee ;

(2) not more than three Members of theAncha) Sabha, not being its Chairman or Vice- Chairman; :

(e)} not more than three outsiders elected by.the Anchal Sabha from aut of jersons qualified to beMembers of the Anchal Sabha.

(2) The Committee for Education shall, subjectto the provisions of this Act and the rules made thereunder—

(a) control the Education Fund ;

(6) superintend all matters connected with thefinance, accounts, control, maintenance and manage+ tment of all schools maintained or aided by. the Anchal Sasan and superintend such schools 'of the

Committee for Publio Health,

Grama Panchayats, Municipalities and Notified Area Councils. aided' from the Education Fund in the matters relating to education ;

{c).examine. the existing provisions for education and make suggestions for ways and means for further provision necessary to place education within the reach ofall: children' of schoo! going age; (d),suggest schemes for diffusion of education in the Anchal ; and

(e) advise on all matters.relating.to education referred to the Anchal Sasan by the Director of Public Instructions.

60, (1) The Committee for Public Health shall _ consist of—

(a)*the Chairman or the Vice-Chairman of: the Anchal. Sabha, according as:may. be decided: by the Sabha, whoshall bethe Chairman of the Committee ;

(8) 2 Medical Officer nominated by the Civil Surgeon of the district ;

(d) the Anchal Executive Officer who shall be. the Member-Secretary, ex-officio of the Committee ; {¢) not. more. than three Members of the Anchal Sabha, not being. its Chairman or Vice- Chairman; and

(f) not more than two outsiders elected by the Anchal Sabha from out. of. the persons qualified to be Members of the Anchal Sabha,

(2). The Committee forPublic Health shall—

(a) suggest schemes for all proposals. for grants-in-aid in' the Anchal for public health and . medicalrelief ;

(b) suggest schemes for all proposals for increased medical relief and increased * provisions for public health in the Anchal ;

(ec). supervise all? works connected with the publichealth and medical relief of the Anchal.;

(d) exercise such-powers as may be delegated, by the Anchal Sabha in accordance with the rules that may be prescribed,

feeag ' r culture and Devalop-

(3) The Committee for Public Health may in anemergency authorise expenditure on public healthauTangements or medical relief up to such limits asmay be provided by the Anchal Sabha and subject to such generalor specific rules the State Governmentmay make in this behalf and all such expenditureshall be charged to the Anchal Fund :

Provided that these Special powers maynot be used when the situation admits of delay for -calling meeting of the Anchal Sabha to decide thematter.

G1. (1) The Committee for Agriculture andDevelopment shall consist of —

(@) the Chairman or the Vice-Chairman of theAnchal Sabha according as may be decided by theSabha, whoshall be the Chairman of the Committee ;

(6) the Anchal Executive Officer who shall be the Member-Scoretary, ex-officio of the 'Committee ; (ec) the Anchal Agricultural Officer ;

(d) the Anchal Veterinary Officer;

(e) not more than three Members of the AnchalSabha not being its Chairman or Vice-Chairman ; and

(f) four outsiders to be elected by the Anchat Sabha trom outof the persons qualified to be Members agricultural worker of the Anchal,

(2) The Committee for Agriculture and Develop- ment shall—

(2) initiate and advise the Anchal Sabha on allmatters concerning developmental activities such aa,agriculture, co-operation, fishery and cottage industry ;

(6) initiate and advise on proposals fororganising and controlling fire-fighting ;

. (©) initiate and advise on matters concerningvillage forests ; ., (4) initiate and advise on matters concerning utigation sources and assessment of water rates ; and

. (e) initiate and advise on matters conce:improvement of live-stock and prevention an control of animal disease,

(3) The Committee for Agriculture and Develop. ment shall co-ordinate the work done by itself as the Committee under the Anchal Sabha and' the District Agricultural Executive Committee under the Orissa Agriculture Act, 1961 for better development in the Aot Anchal, XVI of 1951.

Election to 62, (1) The Members of the Committees constitut- Committees: aq under this Act shall be elected by the Members of the Anchal Sabha from among themselves or from among other persons in the Anchal who are not disqualified under any of the conditions laid down in section 16 where outsiders are to be elected. (2)The Anchal Sabha may delegate to any of the Committees under section 59,60 or 61 any of its powers or duties within the scope of the respective committees or withdraw all or any of the powers or duties so delegated.

(3) Each Member of the Committees referred to in sub-section (2) shall, in the performance of the duties and in the exercise of the powers delegated to the said Committee, be subject to all the obligations imposed by this Act on Members of an Anchal Sabha in respect of such duties and powers.

(4) All decisions taken in a meeting of any Committee constituted under section 59, 60, 61 or 63 shall be in the form of resolutions and all such resolutions shall be submitted to the Anchal Sabha for consideration at its next meeting. Where any such resolution is merely advisory in character the said Sabha shall give it due consideration and in the cage Of any other resolution the Anclal Sabha may confirm, modify, alter or cancel the same :

Provided that pending such confirmation, modification, alteration or cancellation such resolu- tions of the Committee shall be final.'

(5) Any Committee constituted under section 59, 60 or 61 may determine if any expert advice is necessary in respect of any matter pending before it and may invite such persons well qualified to give such advice either generally or for any specific meeting, but such person shall not be entitled to vote. Special 63. An Anchal Sabha. may whenever necessary Committe constitute in the prescribed manner a Special Committee consisting of not more than five Members

whether elected from amongst its Members or from outside from amongst persons qualified to be Mem- bers of the Anchal Sabha—

(a) for the purpose of exercising such powers and discharging such duties or performing such functions of the Anchal Sabha as it may by an order in writing specify in this behalf ;

(6) for enquiring into and for report or advice on any matter within the purview of the Anchal Sabha which it may refer to them :

Provided that where the powers, duties and functions or the matter concerned are analogous to the powers, duties and functions or matters within the purview of a Committee constituted urider section 59, 60 ot 61 the Anchal Sabhashall not form a special Committee separately for delegating such powers, duties or functions or seeking advice. Datiesand 64, All. provisions of this Act relating to the mavittier of duties, powers, \

Liabilities, disqualifications and

disabilities of the Members of the Anchal Sabha shall

be applicable, so far as may be, to the Members of

any Commnittee constituted under this Act, who are

not Members of the Anchal Sabha.

Membership 65. (1) The Chairman or, President of any offen" the Committees or any mismber thereof elected. from smiongthe members of the Anchal Sabha

shallcontinue to hold office so long as he is the

Chatman or Vice-Chairman of the Sabha or a

member thereof, asthe 'case may be.

(2) Anoutsider elected to any such Committee other than a Special Committee shall hold office for a period of three years from date of election :

Provided that an outsider lected to any Committee'constituted under this Act, if he incurs any disqualifications mentioned in section 16, shall forthwith cease to be a Member of such Committee and the procedure in section. 17 shall be followed to declare the seat vacant,

(3) When a vacaney occurs in any Committee constituted under this "Act the Anchal Sabha shall as Soon as may be hereafier elect a Member' to the vacancy, . .

Joint 66.(1), The State Government may, on application Committees. of one or more Anchal Sabhas or on their own motion, constitute a-Joint Commitice out of their respective

bodies and other Local authorities, if any, within their respective jurisdictions for any. purpose in. which they are jointly interested or for any matter for which they are jointly responsible and delegate to such Joint Committee any power which might.be exercised by any of the said Anchal or Local authorities

concerned, Such Anchal Sabhas and Local authorities, if.any, may from time to time frame regulations subject to the control of the State Government determining—

(a) the total number of Members of the Joint Committee ; .

(6) the number whoshall be Member of the Local authorities concerned and the number who may be outsiders ;

(d) the person who shall be President..of the Joint Committee and the manner in which be shall bo elected or appointed ;

{e) the term of office of Members and President;

(f) the powers being powers exercisable by, one or more of the Local authorities concerned which may be exercised by the Joint Committee ; and

(g) the proceedings of any such Joint Commit- tee, and the conduct of correspondence relating to the purpose for which the Joint Committee is constituted.

(2) A joint Committee may include persons who are not Members of the Local authorities concerned but who may, in their opinion, possess special qu: lifications or special interest for serving on such Committee :

Provided that the number of euch persons shall not exceed one-third of the total number of Members of the Joint Committee,

(3) Subject to the provisions of sub-section,-(5) the regulations framed under sub-section (1) shall not have effect unless assented to by each of the Focal authorities concer:

(4) If the State Government take action ander sub-section (1), they may issue such directions agthey think necessary or desirable' in respect of all orany ofthe matters referred to in sub-sections (1),(2).and (3).

(5) If any difference of. Opinion arises betweenLocal authorities under any of the foregoingprovisions of this section, it shall be referred to theState Government whose decision shall befinal.

67. (1) There shali be an Executive Committeefor each Anchal Sabha to facilitate effectiveadministration of the Anchal and it shall consist,of the Chairman, Vice-Chairman and the AnchalExecutive Officer. The Executive Committee mayco-opt any officer of the Anchal cadre and invite anyMemberof the Anchal Sabha or officer of the AnchalSasan to take part in the deliberations,

(2) The Executive Committee shall subject tothe provisions of this Act and the rules madethereunder-—

(a) consider the budgets and the statements,estimates and accounts necessary to appreciate the budget for submission to the Anchal Sabha 3

(0) superintend all matters connected with thefinance and accounts of the Anchal Sabha and inmatters within the competence of the Anchal Sabhasubmit their recommendations to the said Sabha for consideration and in matters within the competenceof the Anchal Exeoutive Officer advise him ; (¢) scrutinise and advise the Anchal Sabha onfixation of priorities for public works in the AnchalSasan ;

(d) scrutinise and sanction all plans andestimates for works sanctioned in the budget;

(e) co-ordinate planning and execution of thework of the Anchal Sabha including those of theCommittees constituted under this Act ;

(f) prepare the agenda of the Meetings of theAnchal Sabha ;

(g) suggest lines of action on financial andother important matters of policy ; and

(t) deal with all other matters speciallyreferred to it by the Anchal Sabha,

CHAPTER V

DIsoH#aRGE OF FUNCTIONS BY THu ANoHAL Sanaa

AND THE ANOHAL AUTHORITIES

Manner of 68. Except as otherwise provided in sec tion 7,

discharging the Anchal Sabha and the Committees constitu ted

by the ander this Act shall discharge their f unctions in

gzcnel accordance with the resolutions duly recor ded at a

meeting of the Anchal Sabha or the respective Committees, as the case may be-

Powersand 69. (1) Subject to the provisions of t his Act and the

dastiosof the rules made thereunder and subject to such c ontrol as

Anchet2 may be exercised by the Executive Comm ittee con-

Officer. stituted under section 67 in this behalf, the Anchal

Executive Officer shall carry out the directions of the

'Anchal Sabha and any of the Committees constitute d

under this Act other than a Special Committee issued

to him from time to time : ^-

. Provided that the Chairman may subject to

confirmation by the Anchal Sabha give direction s

about the implementation of resolutions of the Ancha l

Sabha to the Anchal. Executive Officer who shall carry out the same until and unless the Anchal Sabha otherwise directs.

(2) Without projudice to the generality of the foregoing provision the Anchal Executive Officer shall

subject to the control of the Anchal Sabha—

(a) perform ali the duties and exercise all the powers and functions imposed or conferred upon him yy or under this Act ;

(6) receive, recover and credit to the Anchal Fundany sum due or tendered to the Anchal Sasan ;

'Anchal Sasan, and persons working under th e said

Sasan ; .

{d) have power to grant, refuse, suspend or withdraw all licenses in pursuance of any rules or

bye-laws made under this Act.

Authorises - 70, (1) The Ancha l Executive Officer may, with

nck the prior approval of the Anch al Sabha and subject

Bacoutiv® to such general or special orders:

a8 the Giate

* Government may make in this be half, by order

in writing authorise any other officer or employee

Emergency powera of the Anchal Executive Officer, Power of entry and inspection.

ofthe Anchal Basan to exercise under his super- visory control any of the functions of the AnchalExecutive Officer under this Act or rules made thereunder as specified in the order. .

(2) An order by the Anchal Executive Officer under sub-section (1) may specify any condition and impose any restriction in respect of the exercise of any such function.

7t. (1) On the occurrence or apprehension of any accident or disaster involving or likely to involve extensive damage to the property of the Anchal Sasan or danger to humanlife, the Anchal Executive Officer shall take such immediate action as the emergency appears to him to justify or require.

. (2) The Anchal Executive Officer shall forthwith report to the Chairman of the Anchal Sabha the action he has taken under sub-section (I) and hisreasons for taking the same and the amount of cost, if any, incurred or likely to be incurred, in'con-sequenceof such action. 72, The Anchal Executive Officer or any

person authorised by him in this behalf, may

enter into or upon any building or land with

or without assistants or workmen, in order

to make any enquiry, inspection, test, examination,

survey, measurement or valuation or to execute any

other work which is authorised by the provisions of

this Act or of any rule, regulation, bye-law or order

made thereunder or which it is necessury for any of

the purposes of this Act or in pursuance of any of

the said provisions to make or exeoute :

Provided that—

;.(@) except when it is otherwise expresal

provided in this Act no such entry shall be made

between sunset and sunrise ;

(b) except when it is otherwise expressly provided in this Act no dwelling house, and no part of a publicbuilding used as a dwelling piace shall be so entered without the consent of the oceupier thereof unless the said occupier has been served with at least three hours' previous notice of the intention to make such entry ;

(c) sufficient notice shall be given in every case, even when any premises may otherwise be entered without notice, to enable the inmates of any

Power to visit and supervise. Liability for

apartment appropriated to women to remove to some part of the premises where their privacy may be preserved;

(d) due regard shall be paid, so far as may be compatible with the exigencies of the purpose of the entry, to the social and religious usages of the occupants of the premises.

73. Every member of the Anchal Sabha shall be entitled to visit any institution maintained or managed by the Anchal Sasan and every Member of a Com- mittee constituted under this Act shall be entitled to visit and supervise the working of any suchinstitution, the affairs of which are under their control in pursuance of the provisions of this Act or the rules made thereunder.

74, (1) Any Member acting in an executive capa- city or an employee or an agent of an Anchal Sasan shall be liable for the loss, waste or misapplication of any money or other property owned by, or vested inthe Anchal Sasan, if such loss, waste or misapplication is a direct consequence of his negligence or misconduct, and a suit for com- pensation may be instituted against him in any Court of competent jurisdiction by the Anchal Sasan with the previous sanction of the State Government or by the State Government.

(2) Every such suit shall be instituted within three years from the date on which the cause of action arose.

75. When any Member of an Anchal Sabha or or any employee of the Anchal Sasan orffany person discharging any duties or performing any functions in pursuance of this Act or the rules made thereunder, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duties, no Court shall take cognizance of such offence except with the previous sanction of the State Government,

76. No person shall obstruct or molest, any Member of the Anchal Sabha or any of the Committees constituted under this Act, the Anchal Executive Officer, any person employed by the Anchal Sasan or authorised by. it, or any person with whom the Anchal Sasan has entered into a

Contracts Summons to

74.

contract, for the performance of any duty or the execution of any work while acting in accordance with the provisions of this Act or under the authority of the Anchal Sasan.

77.(1) Subject to such general or special restrictions that may ke imposed by the Anchal Sabha in this behalf, the Anchal Executive Officer may with the previous sanction of the Executive Committee enter into and execute contracts necessary for the purposes of this Act on behalf of the Anchal Sasan. ,

(2) The Contract shall be sealed with the common seal of the Anchal Sasan.

(3) The State Government may make rules as to the manner of submission and opening of tenders and their aeceptance andsuch rules shall be binding on the Anchal Sasan and its officers and employees.

. (4) A contract executed contrary to sub-secticn (1), (2) or (3) shall not be binding on the Anchal Sasan.

78. The Anchal Executive Officer may summon give evidence any person to attend before him and to give evidence Anchal

Executive

Officer.

Claazes

ot Anchals.

or produce documents, as the case may be, in respect of any question relating to land revenue, cess, taxation or other assessment or to the grant of any licence or permission. under the provisions of this Act.

——

CHAPTER VI

EsTaBLISHMENT

79. The Anchal Executive Officer shall be an officer of an Administrative Service under the employ of the State Government.and appointed to the Anchal Sasan, and the Anchal Sabha shall not have power to dispense with the services of the Anchal Executive cer.

80. The State Government may, from time to time, by notification—

(a) divide Anchal Sasans in the Stat e of Orissa TaD !

into different classes according to their income and - other circumstances ; and ~ :

(6) transfer any Anchal Sasan from one class to another. 2

Anche! ~ -

81(1) Every Anchal Sasan shall have—

(a) an Anchal Engineer,

(6) an Anchal Health Officer,

(d) an Anchal Veterinary Officer, and

(e) an Anchal Education Officer.

(2) 'Lhe officers specified in sub-section (1) shalls subject to the provisions of this act, be under the administrative and disciplinary control of the Anchal Service Board. .

Rulesfor $2. (1) The State Government may, by rules,

cadre. provide for qualifications and conditions of services for each of the services mentioned in sub-section (1) of section 81.

(2) In particular and without prejudice to the generality of the foregoing power the rules may provide for— a,

(a) the qualifications for employment in the cadre ; -

(b) the classes and grades of officers, under each ofthe services and their pay and allowances;

(@) a Centralized Pension Fund. or Contribu- tory Provident Fund to which each Ancha] Sasan under which the officer works, shall compulso rily

contribute at the prescribed rate 5 and

(e) eligibility of the officers in the Anchal cadre to higher classes and grades in the said cadre and also to higher classes and grades in a correspon- ding State service.

Ap point 83. (1) Notwithstanding anything contained in'

mat of any law,rule, order or contract for the time beiug

Oficoreefin foree on the date of constitution of an Anchal

Board, Sasan or Anchal Sasans, the State Government may

LooalBoard, direct that the duly qualified and suitable officers of

Sea 9 similar gr.de or class of any Distr ict Board,

cadre. Local Board or Anchal constituted under the Orissa OrisAct.

Estates Abolition Act, 1951 and such oft heofficers * .

of the State Government as they decide fit and

desirable, shall be appointed to the Anch al cadre

posts in the said Anchal Sasan or Ancha l Sasans

and thereupon such officer shall cease "to be officers

Direct recruit te Constitu. tion of the Anchal

Service

Board.

Ineorpore- tiom

Powers and functions of the

Anchal

Service

Board.

of the said District Board, Local Board vr the Anchal or the State Government, and they shall becomeofficers cf the corresponding Anchal cadrefor such services and their conditions of serviceshall be regulated by rules made underthis Act.

(2) The State Governmentshall have the powerto prescribe for the officers absorbed in the Anchalcadre posts under sub-section (1) conditions similar to clauses (a) to (d) of sub-section (1) of section 103,

84 Except as otherwise provided in section 83 recruitment to the Anchal cadre shall be by directrecruitmentafter consultation with the State Public Service Commission in the prescribed manner.

85. (1) The State Government shall constitute an Anchal Service Board and it shall consist of—

(a) the Secretary to Governmentin chargo of the Anchal Sasan Department and shall be the Chairman, ex-officio of the Board ; (®) a Chairman of an Anchal Sabha elected in the prescribed manner, Member ; and

(2) The term of office of a Member underclauses (b) and (c) of sub-section (1) shall be as prescribed.

(3) The proceedings of the Anchal Service Boardshall not be questioned by reason of any casual vacancyin the membership,

(4) Until the Anchal Service Board is constitutedthe State Government shall function as the Board,

86. The Anchal Service Board shall be 2 body corporate by the name of the Board and shall haveperpetual succession and a common seal with powerto acquire and hold properties both movable and immovable and subject to the control of the State Government, may transfer any property held by itand contract and do all other things necessary forthe purpose of carrying out the provisions of thisAot and maysue and besuedin its corporate name, 87 (1) The Anchal Service Board shali—

(a) subject to the provisions of sections 83 and84 make appointments and promotions to any postsin the Anchal cadre in any Anchal and make transfers from one such post to another ; and

(b) control and manage the Centralized Pension Fund or the Contributory Provident Fund.

(2) The Anchal Service Board may, with the previous sanction of the State Government, make regulations consistent with the provisions of this Act and rules made thereunder for regulating its procedure and the disposal of its business and such regulation shall be published in the Gazette. 'Tochnical 88, The State Government may nominate Aavisers one or more Officers of the different departments of Government as technical advisers to an Anchel Sasan whose duty it shali be to inspect from time to time the concerned offices of the Anchal and advise the Anchal Sasan about the better management of its affairs and for this purpose such technical advisers shall have access to all relevant records in the offices of the Anchal.

Fixation of 89. The State Government may prescribe the strength end yarious classes and grades of posts other than the opneions posts mentioned in section 81 that may be created, the scales of pay and allowances relating to such posts and the number of persons that may be

appuinted to the various classes and grades in each Anchal Sasan and no Anchal Sasan shall without the previous sanction of the State Government alter the classes and grades fixed or exceed the pay scales and allowances laid down for the various posts or the number of persons to be appointed under each class and grade of such posta.

Qualigcation 90. The State Government may prescribe the qualifications for the various classes of posts and grades of posts in the Anchal Sasan of each particular class and except as otherwise provided in section 83 and section 103 no appointmentshall be made to a post of a person with qualifications less than. those prescribed.

'Temporary 91, Notwithstanding anythin, contained in appointment sections 82, 87 and 89, the Anchal Sabha may in the case of an emergency make provision for tempo employment under the Anchal Sasan of an officer or servant for a period not exceeding six months. District 92, 'There shall be a District Selection Board for Selection each district in the State of Orissa constituted in the : prescribed manner and it shall be the duty of each such Board to prepare in the prescribed manner a list of candidates in order of preference every year for -vecruitment to the Anchalservice other than Anchal

Powers of reviain Pusishment

cadre service. Vacancies to such posts in any one ear in the said Anchal service in the Anchal. or Anchals comprised in the district shall be filled up only according to the list so prepared, in the same orderof preference as specified in such list :

Provided that the State Government may direct that appointments to certain classes and grades of such services shall be made by the Executive Commit- tee of any Anchal directly.

93, The Anchal Service Board may, on the requisition of an Anchal Sabha revise or set aside a selection made by the District Selection Board for any breach of rules or mistake of fact, , 94, (1) Subject to the provisions of this Act and the rules made thereunder, the Anchal Executive Officer in the case of employees appoint-d to posts created under section 88, and the Anchal Service Board in the case of officers appointed to the posts created under section 81, may, for any breach -of departmental rules or discipline or for carelessness, incompétence, neglect of duties, continued bad records or misconduct, cen- sure, fine, withhold promotion, reduce, remove or dismiss such employees or officer and the Anchal Executive Officer or the Anchal Service Board, as the case may be, shail have powerto initiate disciplinary proceedings in this behalf against such employees or officers and suspend them pending enquiry :

Provided that such order of suspension shall. not be declared or construed as a punishment :

Provided further that' when a resolution has been passed by the Anchal Sabha against any such Officer or employee it shall be the duty of the Anchal Service Board in the case of the Officer and of the Anchal Executive Officer 'in the case of the employee to start disciplinary proceedings against such officer or employee, as the case may be.

(2) An appeal from the order of the Anchal Executive Officer or of the Anchal Service Board, as the case may be, shall lie to the Executive Comwittee and the State Government respectively.

(3) (a) Ifthe Chairmen is of opinion that any disciplinary proceedings to be carried out by the Anchal Executive Officer is not being carried out expeditiously or that the enquiry is sufficiently important, he may direct such enquiry to be conduc. ted by the Executive Committeo and the Anchal

Executive Officer shall thereupon transfer the enquiry

to the Executive Committee which sha ll exercise all

the powers of the Anchal Executive Off icer in the

matter of disciplinary. proceedings in th e particular

case.

(b) An appeal shall lie from the decision of the

Executive Committee under this sectio n to such

authority and shall be disposed of in such manner

aa may be presertbed.

Resolation 95. (1) The Anchal Sabha may by a resolution

disapproving at a mooting specially convened for the p urpose

byAnshel express the displeasure of the Anc hal Sabha with

Officer, v° regard to the manner of exe cution of any resolution

by the Anchal Executive Officer or to the manner

of execution of any work of Anchal Sasa n by the

said Anchal Executive Officer.

(2) The Anchal Executive Officer sh all

forthwith forward a copy of the resolution t o the

Collector vho shall forward the same wit h his

comments to the State Government who shall take

such action as they deem fit and inform the Anchal Sabha of their decision in the matter :

Provided that where such resolution alle ges

misconduct in the nature of—

(a) indiscipline and insubordination in the

nature of wilful disobedience or defiance of orders,

(b) persistent negligence in the discharg e of

duties,

of Anchalfunds,

(d) misuse or abuse of powers for peree nal

ends, or

(e) participation in local politics and par ty-

factions,

the State Government shall, withou t prejudice

to any otter action' that may be taken and

pencing enquiry into such allegations, fo rthwith

appoint a Deputy Collector to discharge the duties

of the Anchal Executive. Officer and th e Anchal

Executive Officer shall thereupon pendi ng further

orders of the State Government cease to discharge

the duties of bis office.

Collector's 96, The Chairman of the Anchal Sabha may

Pipervaion, complain to the Collecior in respect of an y matter

concerning the administration of the Anchal Saaan

and the Collector may,if he considers the complaint sufficiently serious, report after enquiry to the State Government and may use his powers of supervision to ensure that legitimate grievances do not exist.

Reales for 97. The State Government may prescribe the enquiry. tanner in which the enquiry: shall be made by different authorities under sections 94, 95 and 96

and may notwithstanding anything contained in

the said sections by rules specify the cases in which

there shall be no appeal.

Phe rules of 98. Therules of service for persons appointed to wern™* posts created by an Anchal Sasan under section 89 shall provide—

(a) that a certain class of officers and employees shall be transferable by the Collector from one Anchal to another in the district :

Provided that the number of posts of that class or grade prescribed for the. Anchal is not thereby exceeded ;

(b) that a person transferred to a post shall be subject to the same administrative and discipli- nary control and to the same privileges as to allowances, conditions, etc., as a person appointed directly to the posts ;

{c) that the Anchal Sasan shail contribute at a prescribed rate towards the pension or gratuity of such service to the Centralized Ponsion or Provident Fund to be controlled by the. Anchal Service Board.

Regulations 99. (1) The State Government may makeeeat, Tegulations in respect of persons appointed to posts created by Anchal Sasan under section 89 for—

(a) fixing of amount and nature of security to be furnished ;

(6) regulating the grant of acting allowances, travelling allowances, subsistence allowance and other allowancea ;

(d) regulating the grant of extraordinarygratuity to any member of their family and distri- buting the charge against the several Anchals inwhich auch officer or employee may have worked during the period of his service in Anchals ;

(e) regulating conduct ;

(f) generally laying down conditions of servi ces

(2) Pending the framing of regulations un der

sub-section (1) the rules and regulations obt aining

in respect of similar service under the State Go vern-

ment shall apply in respect of matters enum erated

in clauses (a) to (f) of sub-section (1). Disqualifica- 100. (1) No person shall b e eligible for employ-

ont, Bont in any Anchal Sasan if he has directly or

indirectly any share or interest in any wor k done

by order of an Anchal Sasan or in any contr act with

or under an Anchal Sasan, either anywher e within

the State in the case of appointments to th e Anchal

Cadre or within the district in the case of any other

appointment or was discharged for mi sconduct or

was dismissed from Government serv ice or from the

service of a Local authority or an Anchal Sasan

(2) If any employee of an Anchal Sasan a cquires

directly or indirectly any such share or in terest as

aforesaid he shall thereupon become disqual ified to

continue in office.

101. Every Member of an Anchal Sab ha, the

Chairman or Vice-Chairman of such An chal Sabha,

every employee of an Anchal Sasan, every contractor

or agent appointed by the Anchal Sasan for the collec-

tion of tax and every person employed by any such

contractor or agent for the collection of such tax shall

be deemed to be a public servant within the meaning

of section 21 of the Indian Penal Code, 1860. ran: of

102. (1) The State Government may, su bject

to the prior consultation with the Anchal Sasans,

establish institutions or grant recogn ition to

institutions established in any Anchal for tr aining

of different classes of employee s that are

or may be appointedin the said Ancha l Sasans and

may by notification fix the course of train ing for such

employees.

(2) Where a majority of Anchal Sasans agree to the establishment of an Institution for traini ng

of employees of Anchal Sasans the State Government may

prescribe the — rate of

contribution payable by them and such contribut ion

shall be paid by all the Anchal Sasans.

(3) Any Anchal Sasan may enter into an

arrangement with the State Government for

reservation of seats in any Government institution fo r

the training of its technical staff on such terms and conditions regarding the maintenance of the institution as may be agreed upon and the State Government may thereupon fix such number of seats for the nominees of the said Anchal Sasan as they may deem expedient for any one year.

(4) The State Government may by notification require that every Anchal Sasan shall within a reasonable time depute such of its employees as have not undergone the prescribed course of training to undergo such training.

(5) An Anchal Sasan may grant stipends as may be approved by the State Government to persons resident in the concerned Anchal for training in any institution established or recognised under the provisions of sub-section (1). eee 103. (1) Notwithstanding anything contained local, | in the foregoing provisions of this Chapter but subject authority, to the provisions of section 83, where by constitution ot. =~ of an Anchal Sasan or Anchal Sasans, any District Board, Local Board or an Anchal constituted under the Orissa Estates Abolition Act, 1951, is abolished Oriss whether in whole or in part, the State Government st may direct that duly qualified and suitable staff of such District Board, Local Board or Anchal shall be absorbed in Anchal service other than Anchal Cadre Service in the Anchal Sasan or Sasans so

. constituted subject to such conditions as the State Government may prescribe in respect of the following matters :-—

(a) the posts or classes and grades of posts of the Anchal Sasan azainst which the individuai officer or employee or classes and grades of employees shall be absorbed ;

(b) credit for previous service under the defunct District Board, Local Board or Anchal in the matter of pension and gratuity and the contribution that shall be made from the District Board Fund or the Anchal Fund constituted under the Orissa Estates Abolition Act, 195i to the Centralised Pension orOrise Provident Fund applicable to the employees under"! the Anchal towards the pension or Provident Fund of the absorbed employee :

Provided that if the employee was not entitled to any pension or gratuity under the District Board Fund or the Anchal Fund and no contribution has been assessed on the District Board Fund or the said

" Anaual estimetes of income and ex. penditure.

Anchal Fund the State Government may not give any credit for the previous service in the matter of pension or gratuity in the Anchal Sasan.

(c) fixing of seniority as between the absorbed employees and the other employees of the Anchal Sasan at the time of absorption; and

(d) credit if any, for leave earned during the service in the defunct District Board or Anchal and the contribution to be made from the District Board Fundor the said Anchal Fund tothe Anchal Fund towards the leave salary for such leave credited.

(2) Notwithstanding anything in sub-section (1) in the case of permanent employees of such District Boards or Local Boards, it shall be the duty of the State Government to direct their absorption in suitable posts and the evnditions of service of such employees shal} not be less advantageous than what they were prior to such absorption. {3) Any employee of the State Government, who may be decided by them to be fit and desirable, may be absorbed in the Anch:] Service other than the Auchal Cadre Service and in such cases the foregoing provisionsof this section and the rules madethere- under, with such modifications and adaptations as the State Government may deem nevesrary or consequen- tial shall, co far as may be, apply and the employee so absorbed shall cease to be an employee of the State Government.

CHAPTER VII

Bupext

404 (1) Subject to the provisions of this Chapter the Anchal Sabha shall in respect of every year submit the Budget Estimates for that year duly passed at a meeting to the Collector on or before the 15th day of July of the last preceding year.

(2) If the Anchal Sabhafails tc submit a. duly passed Budget by the date specified in sub-section (1), the Collector shall, subject to the contro! of the State Government, prepare and sanction the Budget Estimates himself and certify the same to the Anchal Sabha before the first day of September next and the Estimates go certified shall be the Budget Esti- mates of the Anchal Sabha for all purposes for the year.

of the

105, (1) Ifin the opinion of the Collector, the Budget by Estimates for the year submitted under sub-sec- the Gollester.tion (1) of section 104 are not in accordance with the Appeal

against tho

order of tho

Collector

Revised:

daet

Retimates.

provisions of section 108, the Collector shall, on or before the 31st day of August of the year last prece- ding the year to which the Budget relates, return the same to the Anchal Sabha and the Sabha shall

resubmit the same to the Collector within 30 days from the said date with such alterations as may have been ordered by him.

(2) If the Collector does not return the Esti- mates to the Sabha for making alterations if any by the aforesaid date, the Estimates submitted under sub-section (1) of section 104 shall be deemed to all intents and purposes to be the Budget Estimates for the year.

(3) Ifthe Anchal Sabha fails to resubmit the estimates in pursuance of sub-section (1), the esti- mates submitted under sub-section (1) of section 104 shall, subject to the alterations, if any, ordered by the Collector, be deemed to all intents and purposes to be the Budget Estimates for the year.

106. The Anchal Sasan may prefer an appeal to the State Government against the order of the Collector under section 105 within such time and in such form and manner as may be prescribed and the State Government nay thereupon consider the same and pass such orders as they may deem fit and subject to the orders that may be passed by the State Government, the decision of the Collector under the said section shall continue to have full force and effect.

107, (1) The revised budget estimates of the Anchal Sasan shall be prepared by the Anchal Sabha and submitted to the Collector as often during the course of the year to which the budget relates, and in such form and manner as may be specified in the rules made by the State Government in that behalf and subject to the rules so made the foregonig provisions >f this Chapter shall, so far as may be, apply.

(2) Save as otherwise expressly provided in this Act or the rules made thereunder, no expenditure in excess of the annual budget estimate shall be incur- red by-the Anchal Sasan unless such excess has been adequately provided for in a revised estimate in accordance with the provisions of sub-section (1).

* Particulars 108. (1) The budget estimates shall contain such incladed in particulars as may be prescribed. she budget.

(2) In such estimates the Anchal Sabha shall among other things—

(a) provide for the payments as they fall due of ali instalments of principal and interest for which the Anchal Sasan may be liable in respect of loans contracted by it ;

(b) make adequate and suitable provisions for such services as may be required for the discharge of the several duties imposed by or under this Act ; | {c) provide for the minimum closing balance as provided in clause (a) of section 109; (@) make adequate provision: for meeting expenses charged to the Anchal Fund or compulsorily payable out of such Fund under the provisions of this Act and the rules made thereunder;

(e) provide for the payment of suitable contri- 4 bution to the Education Fund ;

(f) provide for the minimum expenditure on the items specified in clause (b) of section 109; and

(g) make adequate provision for the expen- diture of any grant given by the State Government for any specific purposes, in this behalf. Minimum 109. The State Government may with reference. balanes, oe. to any Anchal Sasan prescribe—

(a) the minimum closing balance to be main. tained by the Anchal Sasan ;

(2) the minimum expenditure to be incurred by the Anchal Sasan on public works, medical, veterinary and public health; and

(c) the statements, accounts and returns to be ) submitted by it to the State Government. adi 110. Any expenditure inourred by the Anchal dit ekeExecutive Officer in accordance with the provisions chased. of this Act and the rules made thereunder shall be charged on the Anchal Fund.

. Raising of 111, It shall be lawful for an Anchal Sasan, Lome. subject to the provisions of any law relating to raising oj loan by Local authorities for the time being in force and with the prior approval of the State Government,to raise loans for the purpose of carrying

out any ofthe provisions of this Act and to guarantee tepaymentofprincipal and payment of interest on such loans and to form a sinking Fund. Andit ofodieof 142. (1) Accounts of the receipt and the expendi- | * ture of every Anct.al Sasan shall be made up to the last date of every financial year and shall be examined and 'audited as soon as may be after the end of each financial year.

(2) The provisions of the Orissa Local Fund Audit Act, 1948 shall apply in regard to the audit of QriseaAct the Funds under the control and management of the ¥ % 1% Anchal Sasan or any of the Committees constituted under this Act :

Provided that the State Government may for

sufficient reason condone any surcharge made under the Orissa Local Fund Audit Act, 1948, GrazeAct Publication 113, An abstract of every annual account of an of abstract Anchal Sasan showing the incomeof the Anchal Fund under each head of receipts, the charges for ostablish-

ment, works undertaken, sums expended on each

work and thebalance, if any, of the Fund Temaining

unspent shail be prepared by the Anchal Sasan and

published annuaily in the prescribed manner,

CHAPTER VIII

Lan Revenvn, Rents, Cussus anp Fans Formation 114, (1) Notwithstanding anything contained in eeeeminie ony law relating to land tenure for the time beingUnits in force all estates vested in the State Government, fentat""® under section 3 of the Orissa Estates Abolition Act,sbolished. 1951, may, from time to time in accordance with otto!directions issued by the State Government, be sub- ° divided or amalgamated with one another or with

other areas for the purpose of constituting suitable

Anchals under the provisions of section 4.

(2) Save as otherwise expressly provided in thisChapter nothing in this section shall in any manner alter, prejudice or affect the tights, privileges and

remedies acquired or accrued prior to the date of

such subdivision or amalgamation.

Right of 115, On the issue of a notificaion under section 4Sacha declaring an area to be an Anchal, the right to collect rent collect and appropriate all land revenue, rentsand ceo "and ceases payable in relation to the lande within ro

. the Anchal to the State Government or to the Anchal Fund under the Orissa Estates Abolition — Act, 1951, or to any Local authority shall vest in PreeAse ; Jv : the Anchal Sasan.

E«planation—Cess includes education cess, but. does not include cess under the Orissa Mining Areas Orissa Act Development Fund Act, 1952, XxVin

Cofovtions 116. (1) Tho State Government may, from time"* credited to to time, by order direct that certain proportions of Sensolidated land revenue, rents and cesses collected or certain state, "* fixed contributions shall be credited to the Consoli- dated Fund of the State and the Grama Funds

within the Anchal and the Anchal Sasan shall duly credit such proportions of the collections. or such fixed contributions as so directed :

Provided that the proportion of such collections and the amount of such contributions and the date with effect from which the amount shall be so credited shall be determined in the prescribed manner, * (2) Any amount not duly credited in accordance with the aforesaid directions of the State Government shall be a first charge on the Anchal Fund and with- out prejudice to any other modeof recovery shall be realisable from the Anchal Sasan ad arrears of land revenue.

Repealof 117. On and after the date of notification under SpepterTU section 4 declaring an area to bo an Anchal the Act 1981, provisions contained in Chapter III of the Orissa Estates Abolition Act, 1981 shall stand repealed in Orissa Act their application to any estate or part thereof as may" ° 1952 be included in the Anchal:

| Provided that all actions taken, things done, notifications issued, orders passed, rights accrued andliabilities incurred shall be deemed to have been validly tiken, done, issued, accrued and incurred in exercise of the powers conferred and in discharge of | duties imposed by or under the provisions of this \ Act:

| . Provided further that.on and after the said date the State Government shal] have power by notifiea-+ tion to direct that the whole or any part of the ° Anchal Fund of the Anchal Sagan constituted under| sub-section (1) of section 14 of the Orissa Estates oricsa Act Abolition Act, 1951, the area comprised within If 1952.

which is affected by the formation of the Anchal :

Power of Grama

Sabha to collect rents

oases.

under section 4 shall stand transferred to the Consolidated Fund of the State anything in any other law to the contrary notwithstanding.

118. (1) Notwithstanding anything in section 116,if atany time any Grama Sabha within an Anchal decides to 'collect land revenue, rents and cesses in relation to any Grama Panchayat area, such decisio n

shall be communicated to the State Government within the prescribed date and in the prescribed manner and thereupon the State Government shall

as soon as maybe, by notification published in the Gazette and in such other manner as may be 'prescri -

bed, declare that from andafter thefirst day of tho agricultural year next following it shall be the duty ofthe said Grama Sabha to collect such dues on behalf of the Anchal Sasan constituted for the said Anchal. '

(2) Such Grama Sabha shall collect such dues in accordatice with the provisions of this section and shall deposit the collections, as often during any agricultural year, and in such manner, as ma y be

prescribed, in the Anchal Fund to the extent of the total demand for the agricultural year jess such remuneration for the Grama Sabha as may be pres- cribed subject to the minimum of 16 per cent of the total demandfor the year and the balance of such demand shall be collected by the Grama Sabha. and appropriated by it to the Grama Fund :

Provided that if the total deposit in the Anchal Fund during the agricultural year falls short of the amount as aforesaid, such shortage shall be aid from out of the Grama Fund to the Anchal Fund by the last day of the said agricultural year.

(3) Without prejudice to the provisions of sub- section (2) in case of any gross or persistent default on the patt oi the Grama Sabha in the discharge of its duties imposed under sub-section (1), the Collector, on his own motion or on the report of the Anchal Sasan in that behalf, may, after giving the Grama Sabha an opportunity to show cause,relieve the Grama Sabha of the said duties and issue such other order or orders as he may deem necessary and consequen- tial thereto and such order or orders of the Collector shall be published in the Gazette and from and after the first day of the agricultural year next following the date of such publication, the notifida- tion issued in pursuance of sub-section (1) shall stand eancelled,

e a Cessation of Services.

(4) The arrears of land revenue, rents and ceases, if any, that may be due for collection by the date of the notification issued by the Collector under sub-section (3) shall be collected in accordance with the orders in that behalf issued by the Collector under the said sub-section and credited as. soon 48 may be to the Grama Fund.

(8) The Grama Sabha which has been relieved of its duties of collection in pursuance of sub-section (3) may apply to the State Government in the prescribed manner to resume collection of the land revenue, rents and cesses and the State Government may, by notification, published in the Gazette and subject to the provisions of sub-section (2) and to such conditions and restrictions, if any, as may be specified in the said notification, allow the Grama Sabha, to resumecollection of such dues.

(6) Any Grama Sabha duly authorised to collect lénd reventie, rents and cesses in pursuance of sub- section (1) or sub-section (5) may, on application to the State Government in the prescribed form and manner, be relieved of its duties of such collection by the State Government as soon as may be by a notification published in the Gazette and in such other manner as may be prescribed, and from and after the first day of the agricultural year next following the date of the notification it shall coase to be the duty of the said Grama Sabhato collect such dues on behalf of the Anchal Sasan.

119. From and after the first day of the Agricul- tural year next following the notification under section 118 all Sarbarakars, Gountias, Thikadars, Pradhans,. Village Munsifs and Karanams and all othervillage officers, servants or headmen by what- ever name designated or locally known, engaged within the Grama Panchayat areas as revenue agents oras agents or servants for the collection of land revenue, rents and cesses by or on bebalf of the State Government. under the provisions of the Madras Hereditary Village Offices Act, 1895 or any other law, or contract, grant, custom or usage, shall, in relation to such area, cease to exercise any of the powers, discharge any of the duties and perform any of the functions in respect of such office and shall not to that extent be entitled to earn any remuneration, 'with respect to such office after the said date, anything in any such law, contract, grant, custom or usage to the contrary notwithstanding. Madras Act

TI of 1895,

Gratuityon 120. (1) Persons holding office as aforesaid and ofeervices, specified in section 3 of the Madras Hereditary Village Offices Act, 1895 shall on terminaticn of their services MadeaAas under section 119 be entitled to a lump sum gratuity . to be determined in the preseribed manner subject to @ maximum ofthirty times their monthly remunera- tions and the gratuity so determined shall be a charge on the Consolidated Fund ofthe State.

(2) In the case of persons other than those covered by sub-section (1) the lands he'd or enjoyed by any such person in pursuance of or incidental to the terms and conditions of service so terminated shalt be settled with rights of occupancy therein on a fair and equitable rent with such person or, ds the case may be, with him and all those other persons who may be holding the land or any part thereof as his co-sharers or as tenants under bim to the extent that each. such person was in separate and actual cultivating possession of the same immediately befor thefirst day of July 1955. .

(3) The total area of land in possession of any one of such persons before it is settled with him in the manneraforesaid shall be subject to a reservation of a certain fraction thereof in favour of the Grama Sabha and the extent of such reservation shall be determined in the following manner, namely :— Land in possession Extent of

Reservation

Less than 10 acres oe Nil

10 acres or above but less than 8 per cent 33 acres.

33 acres or above but lesa than 10 per cont 100 acres,

100 acres or above but less than 20 per cent 200 acres.

200 acres or above «+ 80 per cent

(4) The State Government may by rules mad e in

shat bebalf specify either generally or in relation to any local area the authorities by whom and the manner in which the proceedings under this section shall be conducted,

Power of 121. Notwithstanding anything in any other law Grama| for the time being in force an Anchal Sasan and a reali arear Grama Sabha in whom has vested the right to collect ofland _Jand revenue, rents and cesses under section 115 or revenue. a

Power to fealise land revenue by distraint. Limitations ofdistraint. Limitations of distraint, Limitations of distraint, Articles

exempted

from

distraint, Copy of

demand to be served o1 defaulter.

section 118, as the case may be, shall without pre- judice to any other mode of recovery have the power to realise the arrears of such land revenue, rents and cesses through the Collector in the same manner and. subject to the same law of limitation as arrears of land revenue duo to the State Government. 122, Without prejudice tothe generality of the foregoing power for realisation of land revenue, rents and cesses as arrears of land revenue, the Anchal Sasan or a Grama Sabha, as the case may be, shall be entitled to recover such land revenue, rents or cesses, as the case may be, by distraint and sale of. movabl property or by sale of a holding. :

Explanation—-Movable property for the purpose of this section shall include growing crops and the produce of land or of trees in the defaulter's holding. 123, The Anchal Sasan or the Grama Sabha shall have no power to proceed against the defaulter for recovery of arrears by distraint and sale of movable property or by sale of holding unless it is in accord- ance with the entries recorded in the Rent Roll maintained in pursuance of section 149. 424, An Anchal Sasan or a Grama Sabha, as the case may be,shall not be entitled to distrain except for an arrear which has accrued due within twelve months preceding the demand undersection 127. 125, When an Anchal Sasan or a Grama Sabha has sued for an atrear of revenue, rent and cesses and obtained a decree it shall have noright to distrain movable property for such arrear.

126. The following articles shall not be distrained for the arrears hereinbefore specified—

(1) the necessary wearing apparel, cooking vessels, beds and bedding of the defaulter, and such personal ornaments of a woman as in accordance with religious usage cannot be parted with by her;

(2) tools and artisans, ploughs and implementa of husbandry, ploughing cattle and manure stocked and such seed grain as may be necessary for the due cultivation of the holding in the ensuing year. .127. (1) Before or at the time when a

distraintis

made the distrainer shall serve on the defaulter a

"written demand Specifying the amount of the arrear together with an account exhibiting the grounds on which the demandis made.

(2) The demand and account shall be datedand signed by the distrainer and shall, within one.year from the date on which the arrear became due, be served on the defaulter by_ delivering a copy to

him or to some adult male member of his family athis usual place of abode provided that it is in theneighbourhood of the land to which the distressrefers or to his authorised agents or when suchservice cannot be effected by affixing a copy ofthe notice on some conspicuous part of the landto which it refers, The demand shall set forth—

(2) the amountof the arrear due with interest, if any ;

(6) the holding in respect of which it is due ;

(c) the period in respect of which it is due, Procedure in 128, (1) Unless the demand is immediately satis. eee fied, the distrainer may distrain property to theafter notice. amount of the arrear with interest and the costs ofthe distress and shall fo-thwith prepare a list or des-cription of the said Property, date and sign the sameand without delay serve it on the defaulter in the manner provided in the preceding section' for theservice of a written demand, and a copy of such listor description together with a copy of the writtendemand and accountshall be sent by the distrainerwithin ten days of the service of the demand on thedefaulter to the officer empowered to hold the saleunder the Jawsfor tho time being in force relating torecovery of arrears of land revenue.

(2) If any person other than the defaulter noti-fies the distrainer that he is a cultivator or the owner of the property a copy of the demand and ofthelist or description of the property shall in like mannerbe served on ordelivered to such person in all casesin which the property distrained consists of—

(a) any crops or other products of the earthatanding or ungathered on the holding ; and

(5) any crops or other products of the earthwhich have grown on the holding and have been reapedor gathered and are deposited on the holding or on athreshingfloor or place for treading out grain or thelike, whether in thefields or in a homestead. Distrai ne r 129, A person authorized to distrain may apply

tone'Sem to the nearest Police-station for such assistance aspolice. may be necessary to prevent any breach of peace andthe authority to whom such application is madeshall depute one or more Police officers to be presentat the time of such distress for such purpose.

Distros| te 130. The distress shall not be excessive; the the emount value of the property distrained shall be so far as fencer. may be equal to the amount of the arrears due with nterest and costs of distress.

Time of 131. Distress shall be made after sunrise and distress. before sunset and not otherwise,

Distr a ined 132. (1) Standing crops and other ungathered beaoe ine produce may, notwithstanding the distraint, be dealt with, tended, and after notice to the distrainer be reaped, avd gathered by the owner of the crop.

(2) If the owner of the crop neglects to tend, reap or gather the said crop or produce, the distrainer may do so at the expense of the owner.

(3) The distrained property shall be placed in the charge of some person appointed by the distrainer for the purpose ; the person 8o appointed shall store the same in some convenient place in the neighbourhood at the expense of the owner. Whatplaces 133. It shall be lawful for the distrainer to force disteores open any stable, cow-house, granary, godown, out open. house or other building, and such distrainer may also enter any dwelling-house, the outer door of which may he open and may break open the door of any room in such dwelling house for the purpose of .distraining property belonging to a defaulter and kept therein ; provided always that it shall not be lawful for such distrainer to break open or enter any apart- ment in such dwelling-house appropriated for the zenana or residence of women, except as hereinafter provided, °

Power of 134. When a distrainer may have reason to distrainer suppose that the property of a defaulter is lodged open doors within a dwelling-house, the outer door of which may 4presanee be shut, or within any appartments appropriated to officer. women, which, by the usage of the country are consi- dered private, such distrainer shall report the fact to the officer in charge of the nearest police- station. Thereupon the officer in charge of the station shall send a police officer to the spot, in the presence of whom the distrainer may break open the outer door of such dwelling-house, and also the door of any room within the house except the zenana. The disirainer may also, in the presence of the police officer, after due notice given for the removal of women within the zenana and after furnishing means for their removal in a suitable manner(if they be women of rank, who, according to the customs of the

country, cannot appear in public), enter thezenana apartment sfor the purpose of distrainingthe defaulter's Property, if any, kept therein,If any such property be found, it 'shall immediatelybe removed from such apartments in order that theymay beleft free for the return of the former occu- pants, :

Distrai ne d 135. Thedis'rainer shall not work the bullocks souls or cattle or make usc of the property distrained. Hetobeused, shall provide necessary food for cattle or otherlive-stock, and the cost thereof shall be a chargeagainst the defaulter and shall be recoverable as a cost of the distress, . Witbdrewal 136. (1) After a distress has been made underof distres' the foregoing provisions and at any time before theofadate appointed for sale, the defaulter, the cultivatoror the ownerof the property may tender or pay theamount specified in the written document undersection 127 with subsequent interest and costs to thedistrainer, or may furnish security to the satisfactionof the distrainer, whereupon the distrainer shall givea written acknowledgement of the tender, paymentor fecurity and shall withdraw the distress forth-with,

(2) At any time before the sale of the distrained:property, the defaulter or cultivator or owner of theproperty distrained pays to the officer specified in- section 128 the amount mentioned in the writtendocument undersection 127 with subsequent interest and costs, such officer shall grant a receipt for thesameand shall withdraw the distress forthwith. Distrainer 137, When the property distrained may be stolen,fobesued lost, damaged or destroyed while in keeping with neglotae the distrainer, by reason of not having

takenProperty. reasonable precautions fur its preservation, the owner may sue the distrainer for damages before theCollector.

Claims to 138, A third person claiming @ right or interestBoeery, in any of the moveable Property under distraint, may, before the date of sale, make an applicationto the Collector or the Officer empowered to hold thesale and the Collector shall thereupon hold or causeto be held an immediate enquiry and if he seegsufficient cause for doing s0, may postpone the saleof such preperty. The Collector' hall pass such order upon the claim as he shall deem fit,

Procedime 139. When after an application made by thewhere ; P: y distrained distrainer it is proved to the satisfaction of the Re" Collector that

frowiulently (a) a defaulter has made a fradulont convey< 7 ance of moveable property to prevent^os

slandestinely distress for arrears ;

(6) any person has forcibly or clandestinely taken away moveable property once distrained ;

the Collector shall pass an order directing that the property be restored or its value be paid to the distrainer.

Appeal to 140, Any person aggrieved by an order under vil Court section 138 or section 139 may institute a suit before the Civil Court within one year from the date of the order to establish the right which he claims to the property in dispute and for compensation.

Application| 141. The distrainer shall within fifteen days for sale offrom the date of the distraint apply to the officer ein°4 erapowered to hold sale under the laws relating to

"the recovery of arrears of land revenue for the time being in force, for sale of the property specified in the list or description 'mentionedin section 128. seeunation" 142. The application shall be in written and * shall specify the following particulars, viz :—

(a) the name and residence,of the defaulter and incase provided for in sub-section

(2) of section 128 also of the person who hotifies that he is the cultivator or the owner ;

(6) the amount due ;

Sale of 143. On receipt of the application under section Gorin °4 141 the Officer specified therein shall proceed to hold the sale of moveable properties in such manner and within such time as may be prescribed :

Provided that rules made under this section

shall not be inconsistent with or repugnant to the provisions of the lawsfor the time being in force relating to the recovery of arrears of land revenue,

Limitations 144, Where the right to appropriate land revenue,cfAnoka"rents and cosses has vested in an Anchal SasanSesontoundersection 115 it shall not be competent for theSrremacon said Anchal Sagan to assign in favour of any otheroflend authority or grant rebate or remission of anyrevenue, :part of such revenue, rents or cesses in favour ofany other Local authority except in accordance withthe provisions of this Act or the rules made there+under, Vesting of 145. (1) Subject to the following sub-sectionspads

and any general or special directions as may beissued from time to time by the State Governmenton the issue of a notification under section 4, allcommunal lands, waste lands, pasture lands, villageforests, water sources other than water reservoirs or works maintained for irrigation or other purposessituated in any Grama Panchayat area within theAnchal and vested in or belonging to the StateGovernment shall belong to and vest in the corres.ponding Grama Sabha :

Provided that the State Government shallalways have the power-by notification from time totimeto direct that any such communal land, wasteland, pasture land, vi ge forest or water source asaforesaid, instead of continuing to belong to andvest in the said Grama Sabhashall from the date ofsuch notification belong to and vest in any otherLocal authority or Anchal Sasan as may be specifiedtherein,

(2) Nothing in this section shall alter, prejudice or affect any existing right or interest of any kindwhatsoever of any person or body of persons whethercorporate or not, under any other law, contract,custom or usage : . Provided that the State Government shall havepowerfrom time to time by order to direct that thefree right, if any, of uaer or appropriation of theincome or usufruct by the village community underany law, custom or usage shall so far as may beexercised by the Grama Sabha subject to the application by such Sabha of such proportion of. the incomeor usufruct or of the value thereof as maybe determined in the prescribed manner on welfareactivities for the benefit of such community.

(3) The right to all the minor forest produce asspecified in Schedule IV to this Act shall remainwith the State Government,

Grama Panchayats and Anchal Sasan to sontrol irrigation, ote.

97 -

(4) The right to underground and surface minerals and right of user of the surface lands of mines shall remain vested fully in the State Govern- ment.

(5) Such of the aforesaid lands, forests and water sources, as may have been in pursuance of any law or authority specifically placed under the Management and control of any Anchal Sasan or other Local authority, shall continue to remain under such control until specifically transferred to the Grama Panchayat. :

(6) Nothing in this section shall affect the powers of the State Government under any other law for the timebeing in force to declare any area within the jurisdiction ofthe Grama Panchayat as a reserved forest and to exclude it from the management and control of the Grama Panchayat.

146. Where under any law or custom, the management and control over any irrigation tights, drainage and distribution of water is exercised by the State Government or authorities subordinate to the State Government, the Stase Government may, by notification, direct that in any Anchal such management and control shall be exercised by the Grama Panchayats and the Anchal Sasan in the following manner :—

(a) Where the irrigation right, drainage or distribution of water extends over an area beyond the jurisdiction of a Grama Panchayat orlies inan area where there are no Grama Panchayats the Anchal Sagan shall be given the control. .

(8) Where the irrigation rights, drainage or diss tribution of water extends over an area not beyond the jurisdiction of a Grama Panchayat, the control shall be given to the Grama Panchayat.

(c) All powers exercised by any revenue authos. rities lower in rank than that of a Collector shall be exercisable by the Grama Panchayat or the Anchal Sagan, as the case may be.

(d) The powers of the Grama Panchayat in ursuance of this section shall be exercised by its Rarpanch subject' to confirmation by the Grama

Panchayat provided that till the Grama Panchaya t

confirms, modifies or alters the decision of the Sar:

panch sach decision shall be final,

(e) The powers of the Anchal Sasan shallbe exercisable by the Anchal Executive Officersubject to the ratification, modification or cancellation by the Anchal Executive Committee,Until such alteration or cancellation the AnchalExecutive Officer's order shall prevail.

(f) The State Government may by rules providefor an appeal against an order of the GramaPanchayat or the Anchal Sasan to an authority notbelow the rank of a Deputy Collector. Peres of 147, The Grama Panchayat may, in suchFevate manner and to such extent, as may be prescribed,in reapsot of leage out for cultivation waste lands, pasture landsInate oto. end other communal lands and may itself cultivatesuch lands on such terms and subject to suchconditions ss may be prescribed, Power of 148, Where uader the provisions of this Act anyTeemmaent land has vested in an Anchal Sasan or a Grama Sabhaland vested it shall alwwys be subject. to the condition that wher Sumner tho State Government requires any such land for aGrama public purpose such land can be taken back in theSabha. prescribed manner without compensation but subjectto payment of the price of permanent structures, ifany, standing thereon and the cost of permanentimprovements, if any, including the excavation of tanks made therein,

Mainton- 149. (1) Where in pursuance of section 115 oranceof 118 an Anchal Sasan or a Grama Sabha has becomevested with the right

to 'collect land revenue, rentsand cesses in the Anchal or Grama Panchayat area, the Anchal Sasan or Grama Panchayat, as the casemay be, shall maintain a Rent-roll in the prescribed manner.

(2) Uncontested mutation of entries in theRent Roll shall be done by the Anchal Sasan orthe Sarpanch of the Grama Panchayat, as the casemay be, and contested mutations shall be referred for decision to such competent authorities as may be prescribed.

(3) The Grama Panchayat shall also maintainrecords of all communallands, waste lands, pasturelands,village forests, and all water sources teferredtoin section 145 in such form and in such manneras may be prescribed.

Power te 150. With the previous sanction of the State evy ee Government the Anchal Sasan may levy fees in the prescribed manner and subject to the prescribed maximum in any local area of the Anchal for all acts and things done orservices rendered for the promo- tion of the safety, health, welfare or convenience of the inhabitants of such area and the administration of such fees shall, subject to the provision of the Chapter X, be made in the manner prescribed.

CHAPTER IX

PROPERTY

Fianaforof| 151, The State Government may by notification property. declare that any property vested in the State Government and situated in an Anchal shall vest in the corresponding Anchal Sasan and thereupon such property shall, subject to such conditions, limitations and restrictions, if any, as may be specified in the said notification, vest in the Anchal Sasan for the purposes of this Act.

'Transfer of 152. If consequent on the constitution of an rr Anchal Sasan under section 4 of this Act any authority, Local authority in the Anchal or its jurisdiction therein ceases, the movable or immovable property or a portion thereof, as was held by or in trust for or was vested by the State. Government in the said Local authority and situated in the Anchal, shall vest in the Anchal Sasan for the purposes of this Act subject to all charges and liabilities affecting the same :

Provided that the State Government may by

notification declare that any part of the property of the said Local authority within the jurisdiction of the Anchal Sasan shall, subject to all charges and liabilities affecting the same, vest in any. Grama Sabha in the said Anchal :

Provided further that the State Government may restrict the liability of the said Grama Sabha in respect of debts, liabilities and obligations affecting. the property so vested in it.

Redistribu- 153, Wherein pursuance of a notification under tionof local section 4 the local limits of an Anchal aro altered, the State Government, may by notification redistri- bute amongst the concerned Anchal Sasans and

Local authorities, if any, all the properties movable and immovable in the Anchal prior to the date of such alteration. :

Aoquisitiot of immova- Le property. Acquisition land under the land

Acquisition 'Act,

Resumption of immova- ble property.

. Restriction against

transfer. Vesting of Trust

Property.

100

154. Whenever it is necessary or expedient for any purpose of this Act that the Anchal Sasan shall acquire any immovable property such property may be acquired by the Anchal' Executive Officer on behalf of the Anchal Sasan by agreement on such terms and at such rates or prices as shall be approved by the Anchal Sabha either generally or specially in any particular case.

155. (1) Without prejudice. to the generality of the powers conferred under section 154, the State Government may, at the request of the Anchal Sasan, proceed to acquire any property under the provision of the Land Acquisition Act, 1894 or any other law for the time being in force relating to land acquisi- tion.

(2) The amount of compensation awarded and al! charges incurred in the acquisition of such property underthe foregoing provision shall be forthwith paid by the Anchal Kxecutive Officer and thereupon the said property shall vest in the Ancha] Sasan.

156. The State Government may resume any immovable property transferred to the Anchal Sasan by themselves or by any Local authority where such property is required for a public purpose without paymext of any compensation other than the amount paid by the Anchal Sasanfor such transfer and the market value at the date of resumption of any building or works subsequently erected or executed thereon by the Anchal Sagan in accordance with the terms of transfer :

Provided that the Anchal Sasan may remove within such time as may be specified by the State Government the materials of any buildings or work constructed or erected on the land in contravention of the terms of the transfer. ;

157. No immovable property belonging to, vested in, or under the management of, an Anchal Sasan, shall be sold, leased or otherwise alienated except in accordance with the provisions of this Act and rules made thereunder. .

158. When any public institution has been placed under the management and control of any Anchal Sasan,all property, endowments, and funds belonging thereto shall, subject to the provisions of any other law for the time being in force, be held by the Anchal Sasan in trust for the purposes to which tho said Aot E of

1994,

e Grante-ine aid to

Anchal

Sagan,

Anchal

Fund.

101

property, endowments, and funds were lawfully applicable at the time when the institution was so placed.

159, (1) The State Government may subject to other provisions of this Act from time to time make contributionsorgrants-in-aid to each Anchal Sasan for carrying out the purposes of the Act particularly for the purposes of education, public health, public works, agriculture and development and the same shall be credited. to the Anchal Fund or the Education Fund, as the case may be.

(2) I£in the opinion of the State Government the whole or part of any grant-in-aid made as afore- said has not been applied for the purpose for which it was made or has been misapplied in any manner, the State Government shall have the right, to the extent of such non-application or mis-application, to obtain a refund of the said grant from the Anchal Sagan and also to discontinue such grants-in-aid in ture,

CHAPTER X

Tom AncuaL Funp

160. (1) There shall be constituted for each Anchal Sasan an Anchal Fund and there shall be placed to the credit thereof—

(a) the proceeds of all taxes, revenue, fees, tolls, cesses and rates imposed under this Act or permitted thereunder to be collected and appropria- ted by the Anchal Sasan ;

(b) all grants-in-aid and contributions made to the Anchal Sasan by the Central Government, the State Government, lLiocal authority or persons whether corporate or otherwise ; :

(c) all sums paid by the State Government to the Anchal Sasan to meet expenses for the perfor- mance of agency functions ;

(d) all sums recovered. on account of composition under section 258 ; :

{e) all sums received by the Anchal Sasan in giving effect to the provisions of this Act or the rules and bye-laws made thereunder ;

Guatody of auc Found,

Fond,

102

(f) all sums received under any loan raisedundersection 111 ; and

(9) all interest on loans and securities and onarrears of rent and revenue :

Provided that the funds to be credited to theEducation Fund of the Anchal may not be credited tothe Anchal Fund.

(2) Where by virtue of a notification undersection 4 any Anchal Sasah has been constitutedin any compact local area and the jurisdiction of anyLocal authority has ceased in the said area due torepeal of enactments specified in the Schedule, orwhen any liabilities of the said Local authorityhave been transferred

to the Anchal Sasan, as so constituted, the State Government may by order inwriting direct that all or any portion of the' Fund vested in the said Local authority shall be transferred to the said Anchal Sasan,

161. (1) The Anchal Fund shall vest in theAnchal Sasan and the ballance standing to the credit ef the Fund shall be kept in such Governmenttreasury, sub-treasury or treasury business has b

Bank to which Government

een made over, as the State Government may from time to timedirect.

(2) The Anchal Sasan may from time to timeinvest any portion of the Anchal Fund in securities of the Government of India or with the previous sanction of the State Government in such othersecurities including fixed deposits in Banks recognised by the State Government for this purpose andmay sell such securities or exchange them forothers of the like nature and the incomé realisedfrom the securities and proceeds of the sale of the same shall be credited to the Anchal Fund.

162. The Anchal Fund shall be applicable to thepaymentin full or in par+ of the charges and expenses incidental to the exercise of its functions by the Anchal Sasan and the administration of the AnchalSasan and also to the following Purposes, namely :— (a} expense required for the audit of the accounts of the Anchal S:jagan

(6) cost of the acquisition of land 3

(c) expenses: in respect of the payment inaccordance with rules of remuneration and allowances,if any, to office bearers and Members of the AnchalSabha and Committees constituted under this Act ipconnection with their duties under the Act 3

103

(4) grant of loan to its employees on such conditions and for such purposes a8 may be prescribed; {e) performance of agency functions entrusted to the Ancha} Sasan ; :

(f) any other expenses required to be made underthe provision of this Act and' the rules made thereunder ; and

(g) any other expenditure which the State Government may, on the application of the Anchal Sabha, specially declare Lo be in the public interest.

(2) Notwithstanding anything in sub- section (1) all fees collected in pursuance of section 150 shall be used only for the purposes for which such fees are levied and accounts thereof shall be separately maintained.

Verification 163. (1) All orders or cheques drawn upon the of cheques Fuad shall be signed by the Anchal Executive Officer andorderss and countersigned by the,Chairmanor in his absence, the Vice-Chairman. .

(2) So far as the credit in the Anchal Fund permits, the treasury or Bank shall pay in respect of orders or cheques signed in accordance with sub-section (1).

Minor devine 164. If any deviation from the provisions of this tions. Act or of any rule made thereunder. relating to the orediting ofany amount to the Anchal Fundor the application thereof as part of such Fund is shown to the satisfaction of the State Government to have been of temporary duration or of an accidental character they may cause, a declaration to be made to that effect and such deviation shall thereupon be deemed to be valid.

CHAPTER XJ

Epucatron 165, (1) The Anchal Sasan shall be charged with and be responsible for the maintenance and 'manage- ment of all primary schoo's, Sanskrit tolls, Maktabs, Basic schools other than Post-basic, Middle schools and schools of similar description under public manage- ment within the Anohal and from the financial year next following the constitution of an Anche] Sasan

104

the State Government shall notwithstanding any- thing contained in Orissa Secondary Education Act, 1962 transfer to the Ancha! Sasan the management grisAe of all such schools in the Anchal that are recognised . by the State Government and maintained and managed by them :

Provided that noth'ng contained in this section shalt be held to apply to the practising Primary schools attached to the training schools and such other schools as may be notified from time to time by the State Government :

Provided further that the State Government may on their awn motion or on the application of the Anchal Sasan exempt any Anchal Sasan from one or more ofthe obligations imposed under this section subject to such conditions as they may deem proper and may direct that the Anchal Sasan concerned shall pay such annual contribut'on in lieu of such, exemption to such authority or authorities as the State Government may determine. The authority or authorities so appointed shall exercise all the functions of the Anchal Sasan as provided in this Chapter and control and operate the Education Fund constituted under section 170 to the extent that may be declared by the. State Government in this behalf,

(2) Except as provided under this Act or rules made thereunder no such schools as enumerated in sub-section (1) to be under public management shall be located, recognised or managed except by the Anchal Sasan,

Tanafer of 166. (1) On the formation of an Anchal Sasan all Midd omprimary schools, Sanskrit tolls, Maktabs, Basic schools the District other than Post-basic and Middle schools in the Boaiong, Anchal maintained and managed by the District authorities. Board or Local Board or Grama Panchayats or Notified Area Councils shall be transferred to the Anchal Sasan forthwith and the Anchal Sasan shall be charged with and be responsible for the maintenance and managementof all such schools.

(2) On the constitution of an Anchal Sagan, the Anchal Sasan may establish new primary schools, Sanskrit tolls, Maktabs, Basic schools other than Post-basic and Middle schools in the said area:

Continuanes 167. The Anchal Sasan shall, from the date of efgrente-in its constitution subject to the rules about the eligibility for continuance of granta-in-aid and stipends, continue such aid to the persons or

105

. authorities, concerned for all such schools in the Anchalthat were admitted to grant-in-aid or stipends by the District Board or the State Government ' in the Anchal during the financial year preceding the formation of the Anchal Sasan.

Nowgrants: 168. (1) The Anchal Sasan may, subject to the | . prescribed rules—

| (a) make new grants-in-aid or give new stipends

. to primary schools, Sanskrit tolls, Maktabs, Basic

. schools other than Post-basic, Middle schools or schools of similar description recognised by a compe- | tent Education Authority and run by any person or

. body of persons or authorities within the Anchal.

(b) make additional grants-in-aid and stipends to any institutions referred to in section 167 ; constituted within the Anchal ; | {c) provide or maintain buildings to be used - ag students' hostels in connection with schools for the maintenance and management of which the Anchal Sasan is responsible under sections 165 and 166 and manage such hostels.

: (d) make grants-in-aid or give stipends to any schoolor institution referred to in section 167 and this section for the purpose of construction or maintenance of buildings to be used as student hostels in connection with such schoolor institution and for the purpose of managing such hostels.

(2) No grants-in-aid other than those under sub-section (1) shall be made to any institution except with the prior approval of the Anchal Sasan, if any, responsible for the maintenance and management of such inst tution or such classes of institutions under the provisions of this Chapter. Grant of 169. The Anchal Sasan shall. be competent to scholerabip. establish scholarships for the furtherance of technical orany other special form of education within the Anchal and with the special permission of the State Government also outside the Anchal.

Edocation 170. There shall be constituted for each Anchal

. Fend. Sasan an Education Fund to which shall be oredited—

| {a) the proceeds of the education cess levied within the jurisdiction of such Anchal Sasan ;

Oustody of Education Fand,

Contribution by Btate

Govern-}

ment.

106

(6)an annual contribution from the Anchal Fundnotbeing less than a minimum fixed by the State Governmenton that behalf ; {c) all income derived from endowments or other property owned or managed by the Anchal Sasan for the benefit of education ;

(d) all sums granted to the Anchal Sasan by the State Government for the benefit of education ; and

(e) all other sums of money which may be contributed or received by such authorities fur the benefit of education.

171. (1) The Education Fand shall vest in the Anchal Sasan and the balance standing to the credit of the Fund shall be kept in such Government Treasury, Sub-treasury or Bank to which Govern- ment treasury business has been made over, as the State Government may from time to time direct.

(2) All expenses incurred on education by the Anchal Sasan concerned shall be paid out of the said Fund.

(3) All orders or cheques upon the Fund shall be signed by the Anchal Executive Officer and countersigned by the Chairman or Vice-Chairman.

(4) So far as the Education Fund permits the treasury or Bank shall pay—

(a) all ordere or cheques signed in accordance with sub-section (3) ;

(6) all expenses inourred by-the State Govern- ment on behalf of the Anchal Sasan; Provided that the Anchal Sabha has given previous authority in writing to the Treasury or Bank to debit such expenses to the Anchal Fund without the issue of any order or cheque.

172, The State Government shall contribute to the Education Fund every year—

(a) a sum not less than the recurring 'expendi- ture incurred from the Consolidated Fund of the State during the financial year preceding the transfer of schools ander section 165 on all such schools maintained and managed by the State Government and transferred to the Anchal Sasan ;

Budget Supervision&upervi inspeotion of sohools,

107

(bya sum not exceeding the grant made by the State Government in the financial year preceding the transfer to a District Board, Local Board, Grama Panchayat or Notified Area Councils for main. tenance and management of schools transferred to the Anchal Sasan under section 166 ; and

(c) & sum not Jess than the grants-in-aid made and stipends given by the State Government directly or through the District Board to all schools not directly managed by the State Government in the Anchal Area in the financial year preceding the transfer of responsibility to the Anchal Sasan for such schools.

173, (1) On or before the 15th day of June each year the Kducat.on Committee shall submit to the 'Anchal Sabha the Education Budget for the ensuing year.

(2) The Anchal abba shall submit the budget estimate duly passed at a meeting to the Collector on or before the 15th day of July each year.

(3) Ifthe Anchal Sabha fails to submit. a duly passed budget by the date specified in sub-section (2), the Collector shall subject to the control of the State Government, sanction the budget estimates himself and certify them to the Anchal Sabha beiore the lst September next and the budget so certified shall be the budget estimates of the Education Fund of the Anchal Sabha for the ensuing year.

174.(1) The Anchal Sagan shall make due provision for the inspection and proper supervision of all schools in the Anchal:

Provided that the competent Education Authority may order that for any class of schools or any particular school the inspection may be made by Officers of the Education Department of the State Government authorised in that behalf. -

(2) The Anchal Sasan may make regulations for the discharge of functions by the officers of the Anchal Education Department and auch officers shall earry out inspections and submit reports in pursuance of such regulations subject further to anv general or specific instructions that may be issued from time to time by the competent Kducation Authority.

108

Provious of 175. Notwithstanding the provisions of anyAnotal other law for the time being in force no competent- Seenhefore Education Authority shalt grant recognition to any recognition new Primary school, Sanskrit tolls, Maktab, Basio

iRear® schools other than Post-basic, Middle school or schools

institutions, of similar description in the Anchal unless the Anchal

Sabha has previously approved the location of the

school.

CHAPTER XII

MezpicaL, Varerinary aND Pusiio Hearta Dispensaries 176. An Anchal Sasan may provide dispensaries, Romiehospitals, health centres or child and maternity Centres, Welfare centres for the public and dispensaries or hospitals for animals or birds and for that purpose may—

(@) establish such dispensaries, hospitals, health centres or child and maternity welfare centres ; or

(b) enter into any agreement with apy person having the managementcf any suchinstitution on such terms as may be agreed upon and approved by the State Government.

177. The State Government may, by notifica- ee, tion direct that any public institutions as afuresaid hospital end shall be under the control and administration of the centres, Anchal Sasan and thereupon the Anchal Sagan shall be charged with such control and adminisiration together with the maintenance and repair ofall buildings connected therewith :

Provided that the State Government shall contri- bute to the said Anchal Sasan every year at least the amount equal to the amount expended by the State Government on such institutions duri:g the year 'immediately preceding the years of such transfer. ' 178, The Anchal Sasan may on application in the Cormmnal prescribed form and subject to the proscribed rules—

(a) make annual grants-in-aid to any Grama Panchayat, Municipality or Notified Area Council in the Anchal for the purpose of maintenance and management of any such dispensary, hospital for the public or for animals and birds or health centres or child and maternity welfare centres, as the case umay be, a8 are maintained by them ;

itions le he Rion neot of at and

noe

psaries.

109

(b) make grants in-aid for the purpose of pro-

viding buildings or extending the b uildings of such

institutions.

179. An Anchal Sasan may c ontribute such

annual or other sum as may b e agreed on and

approved by the State Government towards the cost

and maintenance of any dispensar y, hospital, health

centres or child and maternity welfar e centres situated

outside the Anchal.

180. An Anchal Sasan may pr ovide travelling

dispensaries for the treatment of t he public or animals

and birds or locate first-aid centres for the same and

provide attendance and supply of me dicines thereto.

181. Notwithstanding anything contained in

"the Orissa Municipal Act, 19 50 or the Orissa

Grama Panchayats Act, 948 the Anchal Sasan may

control the management and main tenance of hospitals

dispensaries, public health institu tions and arrange-

ments for public health, sanit ation and control of

epidemics by the Grama Panchay ats, Municipalities

and Notified Area Councils or othe r authorities in the

Anchal and may also control th e establishment of

new hospitals, dispensaries and pub lic health units.

182. An Anchal Sasan may—

(a) construct, repair and mainta in any water-

works benefiting more than one Grama Panchayat,

Municipality or Notified Area Cou ncil in the Anchal

or an area outside any such Grama Panchayat, Munici-

pality or Notified Area Council ;

(b) make grants-in-aid to a Grama Panchayat,

Municipality or Notified Area Cou ncil in the Anchal

to construct, maintain or re pair any water-works,

wells or tanks of the Grama Panc hayat, Municipality

or Notified Area Council respec tively for providing

drinking water, bathing water o r water for washing

clothes and animals or such publ ic purposes ;

or possessing any well or tank for repairing the same provided that the person agre 8 to allow full control

of the water source by the Anc hal Sasan or Grama

Panchayat of the area to whi ch the Auchal Sasan

may delegate its powers of con trol.

183. The Anchal Executiv e Officer, on his own motion or on the report of a ny medical or health officer in the employ of Gover nment or the Anchal

or on information that the water in any well,

Orissa Act

XXIII of

1950 and

Orissa Act

> XV of 1948.

Jurisdiction of Anchal Sasan in

certain

matters

relating to Grama

Panchayats Remove

nuisance.

110

tank or other sources of water-supply to which the public have access, is likely to endanger the health of the public. or cause the spread of any dangerous disease, mxy by public notice prohibit the use of such water. Such notice shall be served by affixing the same in a conspicuous place over the ssurce of water- supply or by beat of drum stating the number of days the prohibition shall last.

184. If any Anchal Sasan is satisfied that any Grama Panchayat within its jurisdiction hag failed to discharge their functions under the Orissa Grama Panchayats Act, 1948 in respect of— :

(a) setting apart tanks for drinking, bathing, washing of clothes or animals ; or

(6) prohibiting the misuse of water reserved for drinking, b thing, washing of clothes or animals and defi'ing of such water;

it shall notwithstanding anything ccntained in the aforesaid Act make an order for discharge of such functions by the Grama Panchayat within such date as may be specified, in that order and if the Grama Panchayat fails to carry out the order so made within the date specified, the Anchal Sasan shall discharge them and any order made or action taken by the Anchal Sasan shall be deemed to be mad under the provis:ons of the aforesaid Act.

185. (1) The Anchal Executive Officer may by notice require the owner or occupier of any building or land situated in the Anc al, which appears to him to be in a filthy or unwholesome state or overgrown with any thick or noxious vegetation, trees or under- growth injurious to the health or dangerousto the public or offe sive to the neighbourhood or otherwise a source of nuisance, to clear, cleanse or otherwise put the building or land in properstate or tu cle away and remove such vegetation, trees or under- growth or to take such other action as may be deemed necessary by the Anchal Ex

(2) If it appears to the Anchal Executive: Officer necessary for sanitary purposes so to do, he may by notice require the owner or occupier of any building or landto cleanse ordisinfect the same in the manner and within such period as may be specified inthenotice.

"(3) If withia the 'period specified in the notios | the owner' or ocoupiér does not carry out the. direc- : tions the Anchai Executive Officer may execute the work and the cost of doing so shall be recoverable | from the owner or occupier.

(4) Any person aggrieved by the order of the Anchal Lxecutive Officer under this section may appeal to "the Anchal Sabha within one month from

. elasic of the order and the decision of the Anchal | Sabha shall be final.

Appropria. 186. (1) When the Anchal Executive Officer things tekonFemoves any matérials or cuts down any. tres, or down, hedge or shrsb or part thereof in exercise of his powers under this Chapter, he may sell the meterials removed or things cut down and apply the proceeds towards.thé payment of expenses incurred.

(2) If after a reasonable enquiry it appears to the Anchal Exeoutive Officer that there is no owner « or occupier to whom notice can be given under the provisions of this Chapter he may get any work executed under the said provisions as may appear } to. him 'necessary and may recover the expenses : incurred in such manner as he deemsfit. Sanitary 187. (1) When a mosque, temple, math, or any anege,, place of religious worship or instruction or any place fein, and which is used for holding fairs or festivals or for festival. other like purposes is situated in whole or in part within the limits of an Anchal and attracts either throughout the year or on particular occasione a large number of persons and when any special arrange- ment necessary for health, safety or convenience of the public whether permanent or temporary has not been provided therein the Anchal Sasan shall make such arrangementfor the same provided. the trustee or any other person having control over such place has failed after due notice to make such arrange- ments. Thereupon such trustee or other personshall make such contribution to the Anchal Fund as the

. State Government may fix in this behalf :

Provided that where a place as specified. in thia a sub-section is situated in more tham one Anchal auch control shall be exercised by the. Anchal Sasan authorised by the State Government in this behalf subject to the sharing of expenditure incurred for the said purpose by the Anchal Sasan concerned in the J mannerdirected by the State Government.

Special — measures in eonnection with

dangerous epidemia diseases,

(2) Where in an Anchalor a part thereof a large congregation of people or an intensive gathering is likely to take place or has taken Place in connection with the distribution of any miracle-drogs, faithoure, talisman or such other remedy and the Anchal Executive Officer after reasonable enquiry is satisfied that a particular person or a group of persons are interested in and are responsible for the congregation,. hé may by order in writing require such person or persons to make all special arrangements necessary 'or the health, safety, convenience and gs cially for supplying sufficient quantities of protected water for the drinking and cooking purposes for the use of per- sons resorting to the place of the congregation or gathering within the time specified in this behalf and if sach person or persons fail to carry out the direc- tions given in this behalf they shall, in addition to such other penalties provided under this Act, on con- viction by any court be punishable with simple impri- sonment which may extend to three months and with a fine which may extend to five hundred rupees and with a daily fine not exceeding one hundre| rupees during the period of the continuance of the offence. The cost of specisl arrangement, if any, incurred by the Anchal Sasan shall be recoverable from such person of persons as arrears of land revenue. 188, (1) In the event of any part of the Anchal being visited by or threatened with an outbreak of cholera or any such epidemic disease, the Anchal Executive Officer or any person authorised by him in this behalf may, during the continuance of such disease, inspect and disinfect any well, tank or other reservoir from which water is or is likely to be used and may take such further steps to prevent use of water not so disinfected :

Provided that the Anchal Executive Officer shall notify the owner of such well, tank or place if inspection is made between sunset and sunrise,

(2) The Anchal Sasan may and if there has been an outbreak of any such dangerous epidemic disease, shall—

(a) provide proper places in the Anchal with all necessary. attendants and apparatus for the disin- fection of clothing, bedding and otherarticles which have been exposedto infection and cause the neces- sary disinfection ;

113

(b) provide necessary attendants, appar atus

and disinfectants for disinfecting such p remises as

may be required to be so disinfected by the Anchal

Health Officer.

(3) The Anchal Executive Officer may au thorise

any other officer or person to enter into at any time

'between sunrise and sunset after giving thr ee hours'

notice, any building or premises in which a ny danger-

ous epidemic disease is suspected to exis t for the

purpose of inspecting such buildings or premises or

ascertaining whether any of the inmates are s uffering

from any dangerous epidemic disease and th e Anchal

Executive Officer or any other officer or person 80

authorised by him may direct that any clothing,

bedding or other articles likely to retain infection

shall be forthwith disinfected whereupon the head

of the family shall get the same so disinfecte d :

Provided that the provisions of this sect ion

shall be in addition to and not in derogat ion of the

provisions of the Epidemic Diseases Act, 189

7. III of 1807 Closure of 189. In the event of pre valence of any danger-

esous epidemic disease within any a rea in the Anchal,

oe the Anchal Executive Officer may by notice require

grosthe owner or occupier of any buil ding, booth or tent

end used for the purpose of public ente rtainment to close

. : down the same for such period as h e may fix in this

behalf.

Registration 190. (1) Every owner or person havin g the con-

ey for trol of any place used at the date of the coming into

of dead. operation of this Act as a place for bury ing, burning

or otherwise disposing of the dead shall, if s uch place

is not already registered apply to the conce rned

Grama Panchayat to have such place registered.

(2) If it appears to such Grama Panchayat that there is no owner or person having the control

of such place the Grama Panchayat shall assume

such control and register such place or may clo se it.

(3) No dead bodies shall be thrown or burie d or

burnt or otherwise disposed of at any plac e other

than a registered burial ground. Licensing of . 191. (1) No new place for the disposal of the

— dead, whether private or public, s hall be opened,

dispossl of formed, constructed or used in a Grama Pan chayat

unless a license has been obtained from the Grama

Panchayat on application. .

Control of Grama Pan- eheyat—

114

_.. .(2) Such application for a license shall be accom-. panied by a plan of the place, boundary and extentthereof! the name of the owner or person orcommunity and such further particulars as theGrama Panchayat may require.

(3) The Grama Panchayat to whom applicationis made may— é

(2) grant or refuse a license ; or (6)postpone the grant ofa licerise until objec-tions to the site have been removed or any parti-culars called for by it have been furnished,

(4) The Anchal Executive Officer may cancel ormodify any order passed by a Grama Panchayatunder sub-section (3).

192. If no other provision existsin any partof a Grama Panchayat under the Anchal, the AnchalProvision for $aSan shall require the Grama Panchayat to provide qisposslof at its cost places to be used as burial or burning Closure of

that any burial ground is overcrowded with graves

burial

grovnds

grounds or crematoria, and the Grama Panchayatshall. within the time provided make sufficient provi-sion as directed. If the Grama Panchayat fails tocarry out the order, the Anchal Executive Officer maycarry out the order and charge the expenditure to theGrama Fund. The Grama Panchayat mayappeal from an order of the Anchal Sasan underthis section to the Collector of the district withinone month of receipt of the order. The Collector's order on the appeal shall befinal.

193. (1) If a Grama Panchayat is satisfied or if in the case of a public burial or burning ground0: other place as aforesaid a->other convenientplace duly authorised for the disposa' of the deadexists or has been provided for the persons, who would ordinarily make use of such place, it may givenotice that it shall not be lawful, after a period ofnot less than two months to be named in such notice,to bury, burn or otherwise dispose of any corpse at such place. Every notice given under this sub-sectionshall be published in the manner prescribed. ~~ The Grama Panchayat shall not issue any orderfor closure of any burial ground which is over- crowded with graves unless other facilitiesfor butial |for the persons who would ordinarily make use of © such places has been duly provided by the GramaPanchayat.

(2) No person shall, in 'contravention of any notice under this section and after the expiration of the period named. in. such notice, bury, burn or _ otherwise dispose of, or cause or permit to be buried, burnt or otherwise disposed of, any corpse at such * _ Place. -

Orgenisation

of fire-

fighting

'units.

¥ Savings.

Provisions

for inspec-

tien, and

supervision.

of hospitals,

dispensaries,

(3) The Anchal Executive Officer may cancel or modify any notice issued by the Grama Panchayat under 'sub-section (1).

194. (1) Every Grama Panchayat shall organise fire-fighting squads and for this purpose may compel — any able-bodied adult in the Grama Panchayat area to join the fire-fighting squad.

(2) The State Government may make suitable — rules for the formation of fire-fighting squads and the powers to be exercised by the various persons comprising the squad for effective control of fires.

(3) The Anchal Sasan may provide -suitable training facilities for training fire-fighting squads in the Anchal.

195. No person shall be entitled to compensation for any damages sustained by reason of any action taken by the authorities of an Anchal or a Grama Panchayat in pursuance of their powers under this Chapter. ~ :

196. (1) The Anchal Sagan shall make due provision for the inspection and the proper supervision of all hoapitals, dispensaries an:i public health inatitu-

"tions under its control :

udlis health

titutions,

eho,

Provided that the State Government may by order direot that technical supervision in any. of these matters generaliy or in particular may be made byofficers of the State Government authorised for _ thie'purpose, ' :

(2) The Anchal Sasan shal!, subject to such general or specific instructions as may be issued from time to time by the State Government in that behalf, arrange for the inspection. of such. institutionsby the Anohal Heaith .Qfficer and. regular submission of report by him. . bE gd

116

CHAPTER XIII

Posie Worxs Consteustion 197. Notwithstanding anything contained in the OrsonActefeonma- Orissa Grama Panchayats Act, 1948 or the Orissa Orims Act Municipal Act, 1950, the Anchal Sasan, subject to the FIM of

prescribed rules, may—

(@) construct roads, bridges and causeways as

inter-Panchayat means of communication and repair

and maintain such roads, bridges and causeways;

(5) control the construction of bridges, roads and causeways by Grama Panchayats, Municipalities and Notified Area Councils in the~Anchal so as to rationalise the communication in the Anchal. ° and 198. The Anchal Sasan shall—

maintenance (2) repair and maintain all roads, bridges and causeways that may. be trazisferred to it by the State Governmenton its constitution or in the event of any Local authority becoming defunct in the Anchal ; :

(6) construct, repair and maintain all roads, bridges and causeways for which the Anchal Sasan may be made responsible by an order of the State Government; Lo

(c) control and maintain such ferry-ghats and ferries on the routes in the charge of the Anchal Sasan or as may be transferred to it by the State Government for such purpose.

Clasue of 199. The Anchal Sasan may by prior notice roade, . served in the presoribed manner divert, abandon or permanently close any road which is under the control and administration of or is vested in the Anchal Sagan:

Provided that the State Government may on their own motion or on the application of any person aggrieved by the order of the Anchal Sasan under this section cancel or modify any such order, Agency 200, It shall be lawful for the Anchal Sasan te fenetin. undortake from time to time on behalf of the State Government and on such conditions, as may be-

mutually agreed upon, the construction, repair and

maintenance of any public building or other construe-

tion which is the property of the State Government :

Provided that the cost of such construction,

repair or maintenance shall be borne by the State

Government. :

117

7 Preperation 201, (1) The Anchal Engineer shall prepare all cstimates, plans, designs, specifications and estimates for all works of construction, maintenance and repairs ' undertaken by the Anchal Sasan.

(2) The State Government may prescribe the standard specification and the schedule of rates and the limit up to which and the types of buildings for which the plans and estimates of the Anchal Engineer : may be accepted without check and the check and control to be exercised for the estimates and plans beyond such specification, schedule of rate and limits | before acceptance.

(3) All plans of buildings and water-supplies shall be scrutinised by the Anchal Health Officer who will be responsible for the compliance of the sanitary _Tequirements of such buildings or works. Obstruction, 202, Except as otherwise hereinafter provided no | ste, on person shali build any wall or erect any fence or public roads. other obstruction or projection or make any encroach-

" ment in or over any public road in the Anchal. a7 Adjoining 203. (1) If any structure adjoining a public road é Ganarreu? appears to the Anchal Executive Officer to be in such ruinous state as to endangerthe lives of the passers- by, he may by notice duly served, require the owner or occupier to fence off, take down,secure or repair such structure so as to prevent any such danger 'therefrom. |

(2) If immediate action is deemed necessary the Anchal Executive Officer shall himself, before giving ' such notice or before the period of such notice expires, cause the fencing off, taking down, securing or repairing such structure or cause fencing off a part of any road or take such temporary measures as he may think fit to prevent danger and the cost of so doing shall be recoverable from the owner or occupier, as the case may be, in the prescribed manner. Doors 204. (1) No door, gate, bar or ground floor a opening window shall, without a licence from the Anchal eutward. Executive Officer of the Anchal Sasan in which such road is vested, be hung or placed so as to open q outwards upon any public road.

(2) The Anchal Executive Officer may by notice, require the owner of such door, ga e, bar or window to alter it in such a manner that no part thereof when | open shall project over the public road.

118

Bemevalof > 205. (1) If any' tree or any branch of a tree'.sering Standingon land 'adjoining a public road appears .kumaa lives. to' the Anchal Executive Officer to be likely to fall |and thereby endanger any person usihg or any *structure on such road, the Anchal Executive Officer may by notice require the ownerof the said tres tosecure, lop or cut down the said tree or the branchthereof, as the case may. be, so as to prevent anydangertherefrom. - (2) If immediate action is deenied necessary,the Anchal Executive Officer shall himself 'before

giving such notice or before the period of such notice

expires, cause to secure, lop or cut down the said tree

or branch, as the case may be,orferice off a part of

the. public road and take such other temporary

Measures as he thinks fit to prevent danger and the

cost of so doing shall be recoverable from the owner

of the tree in the prescribed manner. :

Removal of 206. (1) The Anchal Executive. Officer may by. qbetaction notice require the owneror occupier of any premises, .traffic, whoever be responsible, to remove or alter any-projection, encroachanent, or obstruction situated ~~against or in front of such premises and in or over ¥any public road, . °

(2) If the owner 'or occupier of the premises proves to the satisfaction of the Anchal Executive Officer that such' projection, encroachment or obstrucs tion has existed for a period sufficient under the Law of Limitation to give any person a presoriptive tight thereto, or that it was erected or made with the permission orlicence of any Local authority duly empowered in that behalf and that the period, if.any, for which the permission or licence is valid has not expired, the Anchal Executive Officer shall refer. the ease to the Anchal Sabha which may require that the order of the Anchal Executive Officer shall becarried out subject to such reagonable compensationasmay be given to all persons who suffer damage by such removalor alteration of the same. ,

ALiconce for 207.: (1) Subject. to such general or special Endteaee Testrictions as the, Anchal Sabha may: impose, the ?ary struc. Anchal Executive Officer may-- ares,

(a) grant 'licence, subject to such conditionsand restrictions as he thinks fit, to the owner or occupier of any promises to put up verandahs,bsleonies, sunshades, weather frames and the like

Prohibition

119

'to project over a public road vested in or belonging to an Anchal Sasan or to construct any drain-covering necessary for access to the premises ;

(b) grant licence, subject to conditions and restrictions as he may think fit, for temporary erec- tion of pandals and such other structures in a public road, vested in or belonging to such Anchal Sasan or any public place, the control of which is vested in such Anchal Sasan ;

(c) lease in the prescribed mannerroad side lands vested in or belonging to such Anchal Sasan for any temporary occupation not exceeding one year at a time for putting up a temporary structure removable on the expiry of the period of lease:

Provided that if in the opinion of the State Government licence orlease granted under the foregoing provisions is likely to be injurious to the public 'health or cause public inconvenience or will otherwise materially interfere with the use of the road the State Government may cancel such licenceor lease.

(2) On the expiry of any period for which licence has been granted under sub-section (1), the Anchal Executive Officer may without giving notice cause — any projection or 'construction put up under clause (a), (b) or (c} to be removed and the cost of so doing shall be recoverable from the person to whom the licence of the lease was granted.

208. If in the opinion of the Anchal Executive of quarrying Officer the working of any quarry or the removal of Planting of

brece,

stone, earth or other materials from any place is dangerousto the persons residing therein or resorting to the neighbourhood thereof, or creates or is likely to ereate a nuisance oris likely to damage any public road or other immovable property, the Anchal Execu- tive Officer may require the owner or person having control of the said quarry or place to discontinue the working of the same or discontinue removing stone, earth or other materials from such place or to take such order with such quarry or place asis necessary for the purpose of preventing danger or avoiding the nuisance arising orlikely to arise thore- from.

209. No -person shall fell, remove, destroy, lop or strip bark or leaves or otherwise damage any tree growing on any road or land vested in or belonging

120

. to. the Anchal Sasan except with the permission of the Anchal Executive Officer and on auch conditions as he may impose.

Penaltyfor 210. (1) If any person without previous sanction tant. of the Anchal Sabha, occupies any land vested in or 'belonging to an Anchal Sasan he shall be bound to

pay in respect of such unauthorised occupation such

sum as may be demanded by the Anchal Sagan by

way of penalty and the said sum maybe recovered

in the prescribed manner,

(2) The Anchal Executive Officer may by notice require any person on whom a penalty has been or may be imposed under sub-section ( 1) to vacate such land to remove any building or other construction or anything deposited on it. .

(3) If any damage to property of the Anchal Sasan has been caused by any person occupying any - land for which heis liable to 'pay penalty under sub- section (1), he shall be liable to pay compensation to the Anchal Sasan for such damage in addition to and irrespective of any penalty that may be imposed on or recovered from him and the amount of such compeusetion shall in case of dispute be determined and recovered in the prescribed manner.

(4) Any action taken under this section shall be in addition to and notin lieu of action and penalties provided in any other law for the time being inSforce. Special 211. Where by reason of extraordinary traffic orchergeofor excessive weight of traffic on any road belonging to trafic. or vesting in the Anchal Sasan, the Anchal Sasan has

to incur extraordinary expenses more than the

average expenses of repairing roads in the neighbour.

hood, the Anchal Sasan may, with the sanction of

the State Government and subject to such limits as

may be imposed, recover from any person by or in

consequences of whose requirements or orders such

extraordinary traffic or such weight of traffic has

been conducted the amount to cover such expenses

and no suit or proceeding shall lie to any Civil Courtagainst the order of the Anchal Sasan in this behalf :

Provided that any person from whom expensesare or may be recoverable under this section may enter into an agreement with the Anchal Sasan forthe payment to it of an amount by way of compen- sation in respect of such weight of traffic and

thereupon the person 60 paying shall not be subject to any proceedings under this section,

Tolt-bar

121

212. (1) The Anchai Sasan, with the sanction of the State Government, may establish a toll-bar—- (¢)on any bridge in the district which haa, after the date of the enforcement of this Act, been constructed or purchased out of the Anchal Fund or to the cost of the construction or purchase of which a part contribution has, after the said date, been madeout of the Anchal Fund; or

{v) on any road-way or foot-way of a railway bridge which has, after the said date at the instance of the Anchal Sasan and by a part contribution from 'he Anchal Fund, been so constructed or widened as to allow the passage of persons, vehicles or animals ; or

(iit) at_ any place in the district adjacent to any bridge referred to in clause (7) or clause (i) at which tolls may conveniently be levied ; and may, with the like sanction, levy at such toll-bar a toll on vehicles passing over such bridge, road, road-way or foot-way, for the purpose of recovering, during a period which may extend to twenty years :—

(a) the amount spent, or contributed by the Anchal Sasan for the purpose of constructing, purchasing or widening such bridge, road, road-way or foot-way ;

(6) the amount of the loss of proceeds, fines, compensations in respect 'of any public ferry when such loss results'from-the construction or widening of such bridge, road, road-way or foot-way ;

(d) the capitalized value of the estimated cost to the Anchal Sasan of maintaining such bridge, road, road-way or foot-way and of renewing it, if it requires periodical renewal :

Provided that except in the case of bridges of boats, pontoons, rafts, swing bridges or flying bridges, no toll-bar shall be established nor tolls levied on, in respect of any bridge, road, road-way or foot-way, the cost or estimated cost of which, as indicated in clauses (a), (6) and (d), is less than five thousand rupees :

Provided further that if on the expiry of the said period of twenty years, the said amounts, interest and capitalized value have not been fully

Lease of toll-pars. Adjustment of toll eredit. Hxomption from tells, Raies of. toll,

Publiestion of rates, recovered, the State Government may emyower the Anchal Sasan to levy tolls for such further period as the State Government may determine.

122

(2) Nothing in sub-section (1) should prevent the Anchal Sasan from levying tolls on temporary bridges, or fair-weather roads constructed by them for aiding traffic even if the cost of the construction is less than five thousand rupees.

213. The Anchal Sasan may grant annuai leases of any toll-bar established under section 212. 214, When two Local authorities having jointly constructed, purchased or contributed towards the cost of the construction or widening of a bridge, road, road-way or foot-way have received sanction under section 212 to the establishment of a toll-bar, the tolls shall be levied or granted in lease by such Local authority as the State Government may,in their order according sanction, direct and the proceeds of such tolis or of the lease thereof shall be adjusted between the two Local authorities con- cerned according to presoribed rules.

215. The following vehicles shall be exempted from. payment of tolls at any toll-bar established undersection 212, namely:—

(a) vehicles used for the conveyance of police and other public servants and Anchal Sasan servants or for the transport. of property belonging to, or in the custody of, such servants, when such servants are travelling on duty ;

{b) conservancy carts and other vehicles belonging to the Anchal Sasan ; and

(c) any other class of vehicle that may- be exempted by order of the Anchal Sabha. 216..(1) When it has been determined that tolls shall be levied at any toll-bar established under section 212, the Anchal Sasan shall make and publish an order specifying the rates at which the tolls shall be levied.

(2) Such rates shall be subject to the sanction of the State Government and may, from time to time, be varied with like sanction.

217. (1° A table of such tolls, legibly printed or written in the Oriya language shal] be hung up in

Compoun- ding of toll.

Closure of road for non-

paymentof toll.

Penalty Aid of

police. 'Tegal

demand. Publication af

Agcounta.

123

someconspicuous position near every such toll-bar,

so as to be easily readable by a ll persons required to

pay the tolls.

(2) In default of complisnoe with sub-section (1)

of this section, the toll collector or the lessee of the

toll-bar, as the case may be, shall on conviction be

liable to a fine which may extend to twenty rupees,

and to a further fine 'which m ay extend to five

rupees for each day after the first during which the

default continues.

218. The Anchal Executive Office r or if the

toll-bar is leased out, the lessee, May compound with

'any person for certain sum to be paid by such

person for any vehicles kept by h im in lieu of the

rate specified under section 216

219, Any toll collector or lesse e of a toll-bar

established under section 212 may refuse to

allow any vehicle to pass through the toll-bar until

the proper toll has been paid.

226. Whoever, having rendered h imself liable

to the paymentoftoll, refuses to pa y the toll, shall

be liable to fine which may extend to fifty rupees,

921. If resistance is offered to any p erson autho"

rised under the foregoing provisions to collect tolls

any police officer having jurisdiction s hall be bound

to assist him ; and such police offic er shall, for that

purpose, have the same powers as he has in the

exercise of his ordinary police duties. 229, If any person authorised under the fore-

going provisions to collect tolls, dem ands or takes

any tolls higher than those authorised underthis

Chapter, he shall be punishable with fine which may

extendtofifty rupees.

923, When a toll-bar has been esta blished .

and. tolls have been levied under secti on 212 in

respect of any pridge, road, road-w ay or foot-way.

"the Anchal Sasan shall at the end of e ach financial

year, publish, by causing to be posted up at their

office, an abstract account show ing—

(a) the amount spent or contributed by the

Anchal Sasan for the purpose of constructin g, purcha-

sing or widening such bridge, road-way or foot-way;

(6) the amount of the loss of proceeds, f ines

and compensation in respect of any public f erry when

such loss results from the construction or widen ing of

such bridge, road-way or foot-way 3

124

(d) the capitalized value of the estimated costto the Anchal Sasan of maintaining the bridge, road,toad-wayor foot-way, andof renewingit, if it requires Periodical renewal ; 'and

(e) the amount which has' been received fromthe profits of the said toll-bar since its establishment.

CHAPTER XIV

AGRICULTURE AND DEVELOPMENT

224. Subject to the provisions of the Orissa, Orissa Act Agriculture Act, 1951, the Anchal Sasan may providefor the improvement of agriculture and agriculturalpractices in the Anchal and in particular shall—

(a) establish and. maintain experimental seedfarms and nursery farms ;

(6) deal in and organise deals in and distributeseeds, implements and manures ;

(c) deal in and organise deals in and distributeinsecticides and equipment for use of insecticides and organise pest control ; and

(2) provide for soil conservation measures andprevention of soil erosion.

225. The Anchal Sasan may provide suitabletanks for retting of jute and other fibrousmaterials if the existing provisions for such rettingin any Anchalis consideredinsufficient or unsuitablefor obtaining the best standards of fute and otherfibrous materials ; :

Provided that when the Anchal Sasan providessuch tanks reasonable charges may be levied on allpersons using such: tanks. . .

226. For the purpose of facilitating the improve-Sasan to «ment of agriculture and horticulture and providing measures therefor the Anchal Sasan may—

(a) establish schools for giving practical training in agriculture or may join with other Local authoritiesin establishing and maintaining such schools ; '

(6) provide for collection of agricultural]statistics, Co-operative marketing and other marketi facilities for agricultural and horticultural produce y

125

(c) co-operate with other statutory authorities in the matter of agricultural improvement schemes including land reclamation, consolidation of holdings and co-operative farming.

pus! hons- 207, The Anchal Sasan may organise and aid

" rural housing schemes. :

Provision for 998.'The Anchal Sasan may make provision for panteyand animal husbandry and fodder and in particular may— fodder.

" (a) make suitable arrangements for improve- mentof live-stock $

(6) assist the GramaPanchayats in the matter of maintenance ofsuitable pasture grounds ; and.

Organising 229, The Anchal Sasan may take part in and Ttherienk. organise rural credit facilities and in particular take ing facilities. shares in such Bural Credit Banks, Co-operative Banks, Land Mortgage Banks and Banks for Co-

operative Credit to Cottage Industries as may be approved by the State Government.

Oontrol of - 230. The Anchal Sabha may, with a view to Files rationalise the provisions of village forests and to regulate the exploitation of village forests for the purpose of maintenance and preservation of such forests in the interest of the community, control the Grama Panchayats in all matters connected with _ Village forests and it may—

(a) reallocate the rights of user of the village forests in the Anchal against particular blocks of such forests or other forests or allocate new rights ;

(b) prescribe royalties on payment of which, and limitation and conditions subject to which, the rights of user may be exercised by the villagers ;

(c) where sufficient forest is not available suspend for such period, as the Anchal Sasan may consider necessary, the right of user of any villager along with the suspension of Nistar or any other similar cess, if any, in the village ;

(d) arrange a system of rotation cutting by coupes in exercise of rights of user against allocated blocks ; and

(e) lay downrules for Grama Panchayats and other authorities in these matters,

126

231. (1) Every Grama Panchayat shall control the tocontrol exercise of rights of user and exploitation of forest produce from the village forests in areas within its tions of the jurisdiction in accordance with the directions issued bei

by the Anchal Sasan underthe foregoing section and take all action necessary to enforce the control.

(2) Any member of the Grama Panchayat may arrest any person found cutting, destroying or damaging any forest contrary to the directions issued by the Anchal Sasan in this behalf, or the Grama Panchayats, as the case may be, and without unnecessary delay produce him or cause him to Be produced before the nearest Magistrate 'who is authorised to take cognizance of the offence,

(3) For the purpose of arresting an offender under sub-section (2) such memberof the Grama Panchayat may take the help of any other person and the person arrested may be sent to the Magistrate with an authority or through an escort authorised in this behalf by such memberin writing,

232, Where village forest or forests other than a reserve, protected or private forest in a village have been so denuded that they are no longer fulfilling the purpose ofa village forest, the Grama Panchayats concerned may, and if ordered by the Anchal Sasan, shall, arrange afforestation of "such forests with suitable trees and the cost of such afforestation may be recovered by the Grama Panchayat by levy of appropriate fees on each member of the Grama. Sa

233.(1) The State Government may by

notification transfer any irrigation or drainage work in the Anchal constructed or maintained by the State Government to the Anchal Sasan and it shall be the duty ofthe Anchal Sasan to maintain in good repair all such irrigation or drainage works and it shall be competent to improve or add to such work,

(2) The State Government may by a further notification resame any such irrigation or drainage work transferred to the Anchal Sasan under sub- section (1) but where an Anchal Sasan has improved or added to such works the State Government may pay reasonable compensation to the Anchal Seean for the improvement or addition estimated in the presoribed manner,

sh Levy of water rate or drainage charge,

127

(3) The Anchal Sasan. shail be entitled to exploit fisheries and marginal lands of -the irrigation or drainage works so transferred to it and may appropriate any such usufruct but they shall not alienate any such lands -permanently or alienate such rights beyond the term of their management. 234.(1) Where the State Government were charging any water rate for irrigation from any irrigation work or levying a benefit charge for protection by a drainage work, transferred to the Anchal Gasan under the foregoing provisions, the Anchal Sasan may continue to levy such charges or may increase or.reduce the same.

(2) Where the water-rate or benefit charge is not already being charged for such irrigation or drainage work, the Anchal Sasan may levy a water- rate or a benefit charge which may be a differential tate for supply of water from the irrigation work or protection by the drainage work. 'The water-rate or the benefit charge referred to in sub-section qy may beleviable—

{@) on land commanded bytheirrigation works or land benefited by the drainage work when the owneror occupier of such land applies for. irrigation or protection ;

(6) compulsorily on all lands commanded by the irrigation works or benefited by the drainage works ; or

(c)by the combination of the methods prescribed.

(3) Where prior to the transfor of anyirri- gation or drainage work to the Anchal Sasan, any water -rate or benefit charge was included in the rent of the land or lands covered by such irrigation or drainage work, the Anchal Sasan shall, in assessing the water-rate leviable under this section, provide for suitable rebate for such inclusion.

(4) Where a compulsory water-rate on the area commandedis levied and if in an area for failure of rains or for any other cause in one seagon sufficient water is not available for all the lands under the command, the Executive Committee may by an order in writing restrict the area of command for that season and the water shall be made available only in the restricted area and fortherest of the command the water-tate on the land shall be remitted ;

State to make rales.

128

Provided that where there is insufficiency of water no land outside the area of command may be given special permission for irrigation during that season :

Provided further that if any part ofthe command excluded by the Executive Committee obtain water that is in excess no penalty may be levied but the remission of water-rate may if necessary be discontinued:

Provided also that the Anchal Sasan shall not be liable for any other damages for failure to . supply water to lands excluded from the command by an order of the Executive Committes,

(5) Where for any reason whatsoever full and sufficient water for the commandis not feasible' from the irrigation source for any land during a season, the Executive Committee may on application by the party owning the land allow suitable remission of water-rate for the year.

(6) Whenever any owner uses water from any irrigation source or work. without the previous permission of the Anchal Sasan or in contravention of the foregoing provisions the Anchal Sasan may levy such penalty as they may deem appropriate.

235. The State Government may by rules provide for—

(a) levy of water-rate for the use of water for purpose of irrigation from any souree or work of irrigation belonging to or transferred to the Anchal Sasan and the rate or rates at which it shall be charged ;

(b) levy of benefit charges for protection by drainage schemes ;

(c) the authorities to whom appeals or vevisions may be preferred against the order of the Anchal Sasan assessing or altering the water-rate ;

(4) the procedure to be followed for assessing penalty for taking water without application and the procedure for applying for and getting remission of water-rate for failure of water-supply ;

(e) the appeal or revision from the order of the Anchal Sasan authorities imposing penalty or giving remission of water-rate or restricting the command in the area having compulsory water-rate.

129

Beauicition 236. (1) Whenever— Peete (a) there is apprehension of danger or damage

soures and to any irrigation source or work o r any protective

embsnk- embankment in the Anchal by flood or inunda tion

and such danger and damage oan be prevented ; or

(6) a breach has occurred and that such breach can in the opinion of the Anchal S asan be

repaired and inundation caused by it can be stopped

by immediate employment of a large number of

persons ;

it shall be lawful for the Anchal Execut ive

Officer, or any otherofficer of the Anchal Sa san duly

empowered by the Anchal Executive Officer in this

behalf, and any member of the Ancvhal Sabha , to

require the service of all able-bodied adul t male

persons who reside in the village where the irr igation

gource or protection work is situated or who are

benefited by such irrigation source ot -w ork or

embankment, to cooperate in the work necess ary for

preventing the danger or damage or repairi ng the

'preach as the case may be.

(2) Every able-bodied adult person whose labour or services are requisitioned unde r sub-

sestion (1) shall be required to. perform such

unskilled labour in connection with the prevent ion of

danger or breach or repair as shall be require d of

him. Any person who fails to render labour a8

herein provided shall be lable to a penalty w hich

may extend to ten rupees.

(3) The Anchal Executive Officer or any oth er

officer of the Anchal Sasan or any wember t hereof

may either personally or through persons duly

authorised in this behalf supervise the work and

adopt such safety measures aS they may dee m fit.

(4) Every person whose labour or services a re

requisitioned under this section shall be paid for the

Jabour or services rendered by him at such r ate or

rates as may be deemed reasonable by the Anchal

Sasan and the amounts so spent shall be a char ge

on the Anchal Fund.

Matters to 237, Subject to such exceptions as the State

beGgmk Government may by gonera] or s pecial order direct,

stared, PY and in addition to the powers conferred and duties

Sse. gppcifically imposed upon it by this Act or a ny other

law for the time being in force within the A nchal,

7 4

Mattera to be p ovided at the

descretion ofAnchal Sasan,

130

the Anchal Sasan shall have the powers to controland administer and be responsible for the followingtatters :-—~

(1) Public health, sanitation, purity of foodand enforcement and administration of sanitary lawsand regulations and acts for prevention of adultera- tion of food ;

(2) Promotion of vaccination and the appoint-ment and control of vaccinators ;

(3) Prevention and control of opidemios ;

(4) Control of Grama Panchayats in registra, tion cf births and deaths, welfare work,social hygiene

(5) Red Cross and St. John Ambulance Association work ;

{6} Improvement of livestock and preventionandcontrol of animal disease and control over GramaPanchayats in these matters ;

(7) Regulations of vehicular traffic on roadsunder the control of the Anchal Sagan :

(8) Control over establishment and manage-ment of markets, rest-houses, serais and other public institutions by the Grama Panchayats ;

(9) Relief on account of floods, earthquakesand purposes of like nature and establishment andmaintenance of works for the provision of employ-ments in times of searcity and control over GramaPanchayats in such i.atters ; :

(10) Rewardsfor destruction of wild animals 3

(11) Disposal of stray dogs and regulationregarding keeping of pigs and control over GramaPanchayats in these matters.

238. (1) Notwithstanding anything contained inany other law for the time being in force an AnchalSaganshall, if the State Government so direct, or the Anchal Sabha so decides, be responsible for all or any of the following matters, namely :-—

(1) Conservancy and sanitary conveniences andcontrol over the Grama Panchayats in these matters ;

(2) Development of cottage or village indus- tries ;

(3: The holding and management of 4aira,agricultural shows and industrial exhibitions andcontrol over the Grama Panchayats in these matters ;

. 131

(4) Arrangements in connection with local pilgrimages andfestivals ;

{5) Discharged Prisoners Aid Society ;

(6) Planting and preservation of trees along side the roads and communications: vesting in the Anchal Sasan ;

(1) Administration of Prevention of Cruelty to aotXI at Animals Act, 1890 ; .

(8) Local vagrancy andrelief of the poor, locat unemployment other than industrial unemployment, establishing and mairtaining poor houses ;

(9) With the previous sanction of the State Government on such terms as may be agreed upon, supervision of prohibition arrangements and any other local works or measures not hereinbefore specially named, likely to promote the health, comfort, uplift, public safety or convenience of the public ;-

(10) Control over the Grama Panchayats in any other matters not specially named hereinbefore, provided that the State Government's previous sanction is taken.

{2) Notwithstanding anything in any of the other provisions of this Act the State Government may, subject to such conditions as they may fix in consultation with an Anchal Sasan, direct. the said Anchal Sasan to take over the National Extension Service Organisation and implement its programme according to such instructions and directions as the State Government may from time to time issue in that behalf.

Eaplanation—National Extension Service Organisation is the agency for rural. extension work formed by Government under this name. Eutrustmont 239. The State Government may, with 'the Cifunctions consent of the Anchal Sabha, make over to an Anchal Sagan, Sasan, subject to such conditions as may be agreed upon, the management of any institution or the execution or maintenance of any work or the

performances of any duty not provided for in the Act along with such powers as may be necessary for the due discharge of theduty.

132 .

CHAPTER XV

CONTROL

Annual 240. Every Anchal- Sasan shall submit to Admins the State Government an annual consolidated report report. on the administration of the Anchal Sasan in the prescribed manner.

| Powers of 241. (1) Every Anchal Sasan and every Committee iin" «constituted under this Act shall at all times permit Cellestor oF the Collector or such other person as the State ayPeact ~Government may authorise in this behalf to hav, bythe access to all its books, proceedings and records. Goverament (2) The Collector or the person authorised under sub-section (1) shall have power at all times to enter on and inspect or cause to be entered on and inspected, any immovable property occupied by or any work in progress under the orders of, or any institution controlled by, the Anchal Sasan,

(3) When a Joint Committee of. more than one Anchal Sasan comprised in different districts, is appointed, the Collector of each of the concerned districts or such other persons as the State Government may authorise in this behalf, may exercise a likt power in respect of the proceedings of such Joine Committee.

Coneralby 242, (1) The Collector may, by an order in writing suspend the execution of any reselution passed, order issued, or licence or permission granted, or prohibit the performance of any act which is about to be done or is being done in pursuance of or under the cover of this Act or any rule or bye-law made thereunder, if in his opinion—

{@) such resolution, order, licence, permission oract has not been legally passed,issued, granted or authorised ; or

(b) such. resolution, order, licence, permission or act is in excess of the powers conferred by this Act or is inconsistent with any law for the time being in force.

(2) Whenever an_ order is made by the Collector under sub-section (1) he shall forthwith report to the State Government in the prescribed manner and thereupon the State Government after giving the Anchal Sabha an opportunity of stating its case may confirm,set aside or modify such order in guch manner as they may deem fit.

133

Powers of 243. (1) Lf the Collector is satisfied that an Anchal the State ; A iecrement Sagan has made default in performing any duty for Gefanlt imposed on it under this Act or any other law for Susan. the time being in force, he shall forthwith

submit a

report to the State Government.

(2) On the receipt of @ report under sub-section ( 1) or otherwise after making such enquiry as they may deem necessary, if the State Government are satisfie that the Anchal Sasan has defaulted in performanc® of any duty imposed on it by or under this Act or any other law for the time being in force they may by an orderin writing fix a period for the due perfor- mance of the same.

(3) If such duty is not performed within the period fixed by the State Government under sub- section (2), the State Government may appoint some person to perform the same and may direct that the expenses of performing it, including a reasonable remuneration to the person. so appointed, shall forth- with be paid out of the Anchal Fund.

(4) If such expense and remuneration are not go paid within a reasonable time the State Govern- ment may make an order directing the person having the custody of the balance of the Anchal Fund to make payment therefrom either in whole or in part as the State Government maydirect.

Compulsory 244, If an Anchal Sasan makes default in the Roiarehal payment of any sum, the amount whereof is fixed Fund. or has become payable by virtue of any order made by the State Government or by any authority other than the Anchal Sasan in exercise of any of the powers conferred by this Act or any rule made thereunder, the State Government may make an order directing the person having the custody of the balance of the Anchal Fund to make such pay- ment either in whole or in such part as is possible from such balance :

Provided that no order shall be made by the State Government directing payment of any amount until an opportunity has been given to the Anchal Sasan concerned to show cause why such order shall not be made, unless the State Government considers that the Anchal Sasan has already stated, or had already ample opportunity of stating its case.

'Sapereossion 245. (1) If in the opinion of the State Govern- Sabb. ment any Anchal Sabha persistently makes default in the performance of the duties imposed on it by or

134

under this Act or any other law for the time being in force or exceeds or abuses its powers, they may state the grounds for such opinion and call upon the Anchal Sabha within such time as may be speci- fied to show cause why it should not be superseded. On consideration of such explanation as may be submitted by the Anchal Sabha within the time specified, the State Government, in case they decide to supersede the Anchal Sabha,shall notify their final orders in the Gazette,

(2) When an Anchal Sabhais srperseded under sub-section (1) the following consequences shall ensue—

(@) all Members of the Anchal Sabha and Members of all Committees constituted under this Act shall from the date of the said notification be deemed to have vacated their seats or offices ;

(0) pending the formation of another Anchal Sabha the State Government may nominate an officer not below the rank of a Deputy Collector to exercise all the powers on behalf of the Anchal Sabha subject to such general orders or special directions as the State Government may from time to time issue in this behalf. '

Re-cleotion 246. (1) Immediately after issue of a notification under sub-section (1) of section 246 the State Govern- ment shall direct that the election shall be held forthwith and the Anchal Executive Officer shall thereupon be competent to hold the election for filling of the vacancies in the prescribed manner.

(2) If after fresh election held under sub- section (1) the Anchal Sabhaso elected makes default in the performance of duties imposed onit by or under this Act or any other law for the time being in force or exceeds 6r abuses its powers, the State Government may follow the procedure laid down in the foregoing section and supersede the Anchal Sabha for a specified period not exceeding three years. Enquiry into 247. (1) When the State Government directs te assis an enquiry to be made by any of their officers in the Basan. affairs of the Anchal Sasan under the provisions of this Act, the officer holding such enquiry shall have the powers of a Civil Court under the Code of Civil Procedure, 1908 to take evidence and to eompel v of 1903 the attendance of witnesses and the production of documents for the purposes of the enquiry.

138:

(8) 'PheState Governmentnaymake .orders as to the costa ofthe inquiries made under sub-section ra) and'as to the parties-by whom and 'the funds out of which they shall. be paid; and "such due may, on the application. of the State Government or of any person named therein,' be realised as an. arrear land revenue.: .

Right of | 248. Anyofficer authorised by the State _Gov ern-

Sheca. ment in this behalf shall be 'entitled to attend any

mectings meeting of an Anchal Sabha or any" Committee constituted under this Act and. address. it on any matter affecting the work of any department in which

"he is concerned, y Protestion 249, When the Collector or any person appointed feom legal by the State Government lawfally takes action for an Anchal Sasan under the provisions of this Act or the rules made thereunder, he shall have all such powers as are necessary for the purpose and shall be entitled to the same protection. under this. Act, as the Anchal Sasan or its. officers or employeos, -

whose

powers he is exercising have and. the. compensation shall be recoverable from the Anchal Fund by any person suffering damage from the exercise of such powers to the extent,as if the action had been taken by the Anchal Sasan or its officers or employees. Delegation. ; 250. The State Government may by notification ofpowers of authorise any person or authority to exercise in regard © Govemment. to any Anchal Sasan any one or more of the powers vested in them by this Act except the power to make rules, the power to determine contributions payable and the power' to sanction' prosecution under sec- ""

» tion 75 and may in the like manner withdraw such ' authority.

CHAPTER XVI

PROCEDURE AND PENALTIES

Prosedure ©.

254.. Except as' otherwise expressly provided " ° far recovery under this Act and without prejudice to the provi- of dues. "gions of any law for the time being in force for the realisation of dues, all dues, costs, daraages, compen- sation, "penalties, charges, fees (other than school fees), expenses, rents (not being rents for land and buildings demised by the Anchal Sasan), contribu- 'tions and other sums which under this Act or any other jaw or rules: or byo-laws made thereunder are due from any person to the Anchal-Sasan may be gecovered in the prescribed manner. '

'Limitation, Procedure for taking cognizance. Service of notice,

Prohibition removal or obliteration ofnotice. Prohibition against auit, Notice of suit.

136

252, No distraint shall be made, and no suit shall be instituted, and no prosecution shail be commenced, in respect of any sum due to the Anchal Sasan under this Act except dues in connection with land revenues, rents and cesses under this Act, after the expiration of a period of three years from the date on which distraint might Lave been made, a suit might have been instituted or prosecution might have been commenced, as the case may be, in respect of such sum,

253, Except as otherwise expressly provided in this Act, no court shall take cognizance of any offence punishable under this Act or any rule or bye-law made thereunder, except on the complaint of the Anchal Executive Officer or some person authorised either generally or specially by the Anchal Executive Officer in this behalf,

254, The service of every notice under this Act on any person shall, in all cases not otherwise specially provided for in this Act, be effected in the prescribed manner by an Anchal Officer or employee authorised by the Anchal Sabha in this behalf, or on such terms as may be agreed by the Anchal Sabha in this behalf, byany officer or employes of the State Government.

285. No person shall without authority in that behalf remove, destroy, deface or otherwise obliterate any notice exhibited or any sign or mark erected, by or under the orders of the Anchal Sabha, its Chair- man, or the Anchal Executive Officer.

286. Nosuit or prosecution shall be maintainable against any Anchal Sasan established under this Act, or any person acting under thedirection of any such Anchal Sssan, or any employee of the Anchal Sasan in respect of anything lawfully and in good faith done under this Act or any rule or bye-law made underit.

257.-(1) No suit shall be instituted against any Anchal Sasan established under this Act or against any Member, officer or employee thereof, or any rson acting under the direction of any such Anchal asan, officer or employee, for anything done or urporting to be done under this Act, or any rule or ye-law made under it, until the expiration of two monthsafter notice in writing, stating the causé of action, the name and the place of residence of the intending plaintiff and the relief which he claims, has been, in thecase of an Anchal Sasan delivered or

137

left atits office, and in tho case of any Member, officer, employee or person as aforesaid, delivered ta him orleft at his office or usual place of residence.

(2) Every such suit, unless it is a suit for the recovery of immovable property or for the declaration oftitle thereto, shall be dismissed unless itis institu~ ted within one year from the date of cause of action and unless service of notice as aforesaid is admitted or proved.

(3) Nothing in this section shall be deemed to apply to suits instituted under section 54 of the Specific Relief Act, 1877.

Compound- 258. (1) The State Government may by rules ingof o- empower the Executive Committee to accept from any person against whom a bona fide suspicion exists that he has committed an offence against any provision of this Act or any rule or bye-law made thereunder, a sum of money by way of composition for such offence.

(2) On payment of such sum of money the suspected person shall be discharged and no further proceedings shall be taken against him in regard to the offence or alleged offence so compounded.

(3) The State Government ma; by rule specify the offences which shall be compoundable and the power under sub-section (1) to accept composition for alleged offences'may be given either generally in regard to all such offences or particularly in regard only to specified offence or offences of a specified class,

Dinbitity o¢

259. The Chairman, Vice-Chairman, or any Choirman, member of the Anchal Sabha, or of any of the mes, 'ow. committees constituted under this Act, may, with beinglegsl the previous sanction of the said Sabha, appear Tespear',as a legal practitioner on behalf of the Anchal cortainlegal Sasan in any suit or legal proceedings to which Proceeding® the Anchal Sasan is a party, but shal] not in any such snit or proceedings appear against the Anchal Sasan.

Power to 960. (1) Ifany Grama Panchayat, Municipality provide for or Notified Area Council in the Anchal defaults in Performance Horforming any duty imposed onit by or under this indefeultof Act or does not comply with any orders passed under Ghemteow. the provisions of this Act or the rules or bye-lawa made thereunder, the Anchal Sabha may after

giving reasonable opportunity to such Grama

Astlof1878

Certified e0picg, Permission to use corti fled copies a6 ovis ee 138\<

Panchayat, Municipality or' Notified: "Area: Counoil to Tepresent its case within 'a 'specified time and after due, consideration thereof 'by resolution 'fix a period for the performance of that duty or com- pliance with the aaid order.

. (2) If such duty' is not performed or 'the -order is not complied with within the time so fixed, the Anchal Executive Officer may, by himself or by any person authorised by him in this behalf, catry out the same and maydirect that the expenses incurred in that behalf including a reasonable remuneration to the person appointed to perform the same shall be a charge on the Funds of the Grama Panchayat, Municipality or Notified Area Council, as the cage . may be,

(3) If such expensé'and remuneration are noé paid as directed the Anchal Executive Officer may make an order directing the person having the custody of the Fund of the Grama Panchayat, Municipality or Notified Area Council, to make payment -therefrom and such person shall make payment forthwith as directed.

(4) The Anchal Executive Officer or any person carrying out the directions under this section shati have' the same protection under this Act' as' the officers or employees 'of the Anchal Sasan carrying out the duties of the Anchal Sasan,

261. A copy -of any receipt, application, plans notice, order, entry in a register or other document in the possession of an Anchal Sasan shail, if duly ~certified by the legal keeper thereof or other person authorised by any rule or bye-law in. this behalf, bex. ,received as prima. facie evidence of the existence :of the entry or.document. and shall be. admitted as"evidence .of -the matters and transactions _

therein .

recorded in every.-case, in which, and to, the same .;

extent, as the original entry or document would, if produced, have been admissible to prove 'such

matters.

262. No officer or employee of an Anchal Sasanshall in any legal proceeding, to which an AnchalSasan is not a party, be required. to, produce, am register or document, -the contents of which ean:be "proved 'under :the preceding section by a cevtified °°! copy, or to. appear as'a witness to prove the matters

and: transactions 'recorded therein unless by orderof

the Court: made'for spécial cause.

Panishment * 1397 >

263, {ly Whoever— - . eo SVE At {a} contravenes any yrovision of. any -of the sections Specified in the first _ column, of the, Schedule V ; .

(6) contravenes any role or order thade under any of the said specified section ; or.

(c) fails to complywith any direetion lewfully given to him or any requisition 'lawfully 'made upon him under or in pursuance of the provisions of. the said. sections; :

shall be punishable with a fine which | 'nay. extend to the amount mentioned in that behalf in the fourth column of the said. Schedule. {2) Whoever after havingbeen convicted of— (a). contravening any. provision 'of _the sections specified in the first columnof Schedule VI ; or

(6) contravening any rule or order: made under' any.of the said specified sections; or'

(c) failing to comply with 'any direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of any 8of the said sections ;

continues to contravene' the 'said provision, or' to neglect to -comply with the "said directions, or requisition, as the case maybe, shall be punishable for each day after the. previous date of conviction during which he continues so to offend, with a fine which may extend to the amount mentioned in that behalf in: the. fourth column of the said Schedule.

» (8). Whoever iis. convicted. of an: offence .forwhich punishment has not been provided for undersub-, section (1) shall be punishable with a fine which, may extend to one hundred rupees.

(4) Ifthe offence is a continuing one and -no' provision has been made under sub-section' (2) above for penalties for the continuing'offence, :a, -person guilty of the continuing offence: shall be liable to aoe... furtherfine-not -exceeding five rupees for every day during which the. said offence: 4is continued after, conviction, passlel 15

Penalty for disobeying notice,

Provision oF appeal, Provision for revision.

140:

264, Whoever disobeys or fails to comply with 'any lawful direction given by any written notice issued by the Anchal Executive Officer under any power conferred by this Act, or the rules made thereunder,or fails to comply with the conditions subject to which any permission was given to him by the Anchal Executive Officer under any power so conferred, shail, on conviction before a Magistrate if the disobedience or failure is not an offence punishable under any other section, be liable to a fine not exceeding one hundred rupees and to a further fine not exceeding five rupees for every day during which the said disobedience or failure continues after conviction,

CHAPTER XVII

APPEAL axp REvisiow

265. (1) Unless specifically provided for by or under this Act, any person aggrieved by any order passed or direction made under this Act or under any rule or bye-law made thereunder, may prefer an appeal within thirty days after the communica- tion of such order before an officer not being below the rank of a. Deputy Collector specially authorised. in this behalf by the Collector : :

Provided that if the original order is passed by the Anchal Sabha or the Executive Committee, an appeal shall lie to the Collector.

(2) The sppellate authority provided in sub- section (1) shall have the same powers as are vested. in & court under the Code of Civil Procedure, 1908.

(3) The appellate authority may, after hearing the person aggrieved. and the Anchal Sasan, pass auch order a8 it may deem fit.

(4) The appellate authority may stay execution of the order or direction pending the decision of the appeal. .

(5) The appellate authority may for sufficient reason extend the period of limitation specified in sub-section (1).

266, (1) The Collector may, either on his own motion or on the application of the party aggrieved by an order of the appellate authorities in the foregoing section call for the record of such order for the purpose of revision : an

V of 1908

141

Provided that no such application shall be rejected summarily unless the applicant has had a reasonable opportunity of being heard in support of the same.

(2) On receipt of the record the Collector may make such enquiry or cause such enquiry to be made, and subject. to the provisions of this Act, may pass such orders thereon as he thinks fit.

(3) The Collector may stay execution of the order or direction pending the decision of the revision.

(4) An application by an aggrieved party under this section shall be filed within thirty days of the receipt of the order in appeal.

Costs 267. (1) The authority deciding the appeal or revision under the preceding sections shall have power to award costs at its discretion.

(2) Costs awarded under this section to the Anchal Sasan shall be recoverable by it as if they were arrears of land revenue due from the appellant or the petitioner.

(3) If the Anchal Sasan fails to pay any. costs awarded to an appellant or petitioner under this section within thirty days after the date of the communication of the orders for payment thereof, the authority awarding the costs may order the person having the custody of the Anchal Fund to pay the amount.

Bar to 268. No order or direction under this Act, rules setionby.,00 bye-laws thereunder, shall be questioned in any other manner or by any other authority than what is provided in the Act, rules, or bye-laws and in this

"Chapter.

CHAPTER XVIII

Runzs anp BYE-LAws Power of 969. (1) The State Government may make rules State to carry out all or any of the purposes of this Act Government + inconsistent therewith and prescribe forms for rules any proceedings for which they consider that a form should be provided. J

" 14g -t @)In- particular and. without: préjudice to the 'generality of the foregoing power, they shall. lave 'power: to 'make rules with reference, if. necess:

to the varying [circumstances of different. local areas— __

yt @ as.to the 'sale, lease' or alienation of public

bes (it) a8: te the payment of remuneration. and allowances to office-bearers, and members in connec

"tion with their dutiesunderthis Act ;

(ii) a8 to the conditions on which loans: may be granted by an Anchal Sasanto its employees ; 5S (#) as to: the: appointment: and _payment of auditors and as to the adoption of preaudit system and as to the disposal of audit notes and the removal "of audit objections ; :

S11 (v) ato thé fees which may be charged for

licenses and the procedure for the grant and revo-

cation of licenses and all necessary matters in this regard | ss (wi) as'té the procedure for' introducing. com-

- pulsory vaccination ;

- : 2

. (wit) as to.the composition of offences ; {vitt) as to the mode of entry into and execu. ting contracts on. behalf of. the. Anchal Sasan and 'the authority. on, which money may be paid from, * the Anchal Fund ;

(x) as to the procedure to be followed 'in correspondence between the State Government and Anchal Sasans generally for the guidance of Anchal Sasan and Governmentofficials in all matters connec. ted with the administration of this Act ;

(x) as to matters in which under this Act the State Government have power td makerules. '° (8)-All Fules mado under 'sub-section (2) shall' he : subject to the condition of previous publication. - es (4) In-making any rule under sub-section (2) the State Government may direct that a. breach thereof

100

143

shall be punishable with fine which may extend to fifty rupees and ifit is a continuing offence, for every day it continues beyond the date of conviction, a fine which may extend to five rupees per day for the period the offence continues,

Fowerof 270. (1) An Anchal Sabha may, and if required Siete by the State Governmentshall, make byo-laws and frame bye- regulations from time to time for carrying out the provisions and intentions of this Act and without prejudice to the generality of the foregoing power, may make provision for the following matters, namely :—-

(é) the exercise by the Anchal Executive

Officer or any other officer or any of the employees of the Anchal Sasan of the powers conferred upon the Anchal Sabha by this or any other Act for the time being in force and the conditions and limitations * subject to which such powers may be exercised ;

(ii) the maintenance, management and control of all compulsory. and_ discretionary matters administered by an Anchal Sasan under this Act; (i#é) protection from injury or interference with the property of the Anchal Sasan or the State Government.

(2) In making any bye-law under sub-section (1), the Anchal Sabha may direct that a breach ofit shall be punishable with fine which may extend to fifty rupees andif the breachis a continuing one, with a further fine which may extend to five rupees, per day for the continuance of the breach after the first conviction.

Draft. publis 271. The power to make bye-laws under this Act

eotion of ig subject tothe condition of the bye-laws b eing

byeiomia made after previous publications, and to t he follow-

tions, ing further conditions, namely :— (a)a draft of the bye-laws shall be publi- shed for such time and in such manner as the

State Government may specify in this behalf ;

(6) for not less than one month during such eriod a copy of such draft shall be kept in Anchal Oitice for public inspection, and every person shall be permitted at any reasonable time to peruse the same free of charge.

144

Confirmation 272. (1) No bye-law made by the Anchal Sabha andpubl. under this Act shall have any validity unless and tion. until it is confirmed by the State Government,

(2) Before confirming any such bye-law the State Government may modify it,

(3) The State Government may cancel the confirmation of any such bye-law, and thereupon the bye-law shall cease to have effect,

(4) All bye-laws made and sanctioned under this Act shall be published in the Gazette,

145

SCHEDULE I

Enaorments RepraLep Number and years Bengal Act III of 1885 Bengal Act V of 1908 Bihar and Orissa Act V of 1920 Bihar and Orissa Act I of 1923 Bihar and Orissa Act TIT of

1932.

Bihar and Orissa Act V of

1935.

Madras Act" XIV of 1920... Oriasa"Act VI of 1939

(See section 2) Short title

Local Self-

1885.

Bihar and Orissa Government Act, Bengal Local Self-Government (Amendment) Act, 1908, Bihar and Orissa Looal Self- Government (Amendment) Act,

1920.

Bihar and Orissa Local Self- Government (Amendment) Act,

1923.

Bihar and Orissa, Local Self- Government (Amendment) Act,

1932.

Bihar and Orissa Local Self- Government (Amendment) Act,

1935.

The Madras Local Boards

1920.

The Sambalpur Local Self-Govern- ment Act, 1939.

Act,

Extent of repeal

The whole

The whote

The whole

146

SCHEDULE IE

-Exactmants AMENDED (See section 2 ) Short title Number^andyears Extent of amendment

1 2 3

\ =

XVI of 1952 Orissa Agriculture |

1. For clause (c) of section 1 of the Act Aot, 1951. the following shall be substituted, namely :—

* (c) It shall come into force in any area as soon as the area is declared an Anchal under section 4 of the Orissa Anchal Sagan Act, 1955.

2.The following shall be inserted as clause (a) (#) of section 2, namely :~

"« (a)(¢) Anchal, Anchai Sabha and Anchat Sasan shaJl have the same meanings as in the Orissa Anchal Sasan Act, 1955 ".

3. For clause (d) of section 2 the * following shall be substituted, namely :—

!« (d).* Committee' 'means the Anchal Agricultural Executive Committee of the Anchal concerned ",

4. The following shall be inserted as clause

(g) (#) of seotion 2, namely :-—

"{g)(s) Grama Panchayat and Grama Pancha- yat Area shall have the same meanings as in the Orissa Grama Panchayats Act, 1948",

5. For " District Agricultural Executive Committee " wherever it oocurs substitute ** Anchal Agricultural Executive Committee'. -

6. For section 7 of the Act the following shall be substituted, namely :~

"7. (1) The Committee for Agriculture and Development of an Anohal shall be the Anchal Agricultural Executive Committee for the Anchal end shall

. fonction as the executive agency for carrying out the purposes of Chapters IIT, IV, V and VIof this Act:

Frovided that in case an Anchal Sabha is superseded under the provisions of the Anchal Sasan Act, 1955, the officers nomi. nated by the State Government under clause (6) of sub-section (2) of section 245 of the said Act ponding the formation of another Anchal Sabha, shall discharge jthe functions of the Anchal Agricaltural Executive Committee as hereinbefore specified, > '

104

147

pS XVI of 1952 Orissa —_Agriculture Act, 1951—coneld.

(2) Amomber of the Anchal Agricultaral Executive Committee shall continue to hold office only as long as he continue to be # member of the Committee for Agri- culture and Development of the Anchal.

(3) The Anchal Agriculture Officerchall by the Executive officer of the Committee and the aaid officer ehall exercise such powers of the Committee as may be prescribed.

{4 The Committee shall be competent to move the Board to take any action to carry out he provisions of the Act and shall comply with any direction issued by the Board from timeto time.

{5) Ia the exercise of its powers as the Anchal Agricultural Executive Committee the Committee' for Agriculture and Development of an Anchal shall not Le liable to any of the obligations imposed by the Orissa Anchal Sasan Act, 1955, but shall be controlled by the jrovisious of this Act and the rules made thereunder'.

7. For section 8 of the Act the following shall be substituted, namely :— 8,(1) Every Grama Panchayat in the Anchal shell be the Krusi Samiti forthe Grama . Panchayat area. These Krusi Samitis shall be the agencies through which the Committee shall ordinarily function. In areas where there are Krusi Samitis the Committee shall consult the Krusi Samitis concerned before taking any action under Chapters III, IV and VI. The function of the Krusi Samitis shall be such as may be prescribed.

(2) In the exercise of its powers as a Krusi Samiti a Grama Panchayat shall not be liable to any of the obligations imposed by the Grama Panchayats Act but shall be controlled by the provisions of this Aot and roles thereunder".

148

SCHEDULE III

Moniorpatitims ExonupE ( See section 4 } J, Cuttack Municipality £, Puri Municipality

3. Berhampur Municipality 4, Balasore Municipality 6, Sambalpur Municipality

SCHEDULE IV

{ Minor Forrsr Propvor) [ See sub-section (3) of section 14! }

1. Patal Goruda ( Rawevolfla Serpentina }

2. Kenduleaves

3. Lae

4. Khair -

149

SCHEDULE V

Ornvivary PENaLrizs ( See section 263 (1) ] ®eetions Sub- Subject Fine which may. sections be imposed

1 z 3 4

183 oy Disobeying notice prohibiting the use of water Five rupees to which public have access.

185 (1) Failure to obey notice to clear or cleanse buil- Ditto ding or land in filthy state or overgrown with noxious vegetation.

(2) Failure to obey to cleanse or disinfect the Ditto building.

188 (3: Disobeying direction to disinfect clothing, bed- Ditto ding or otherarticles likely to retain infection,

189 Failure to obey notice to close public places One hundred during the prevelence of any dange.ous rupees, epidemic disease.

190 qy Failure to register any place for the disposal of Ten rupees dead.

(3) Disposal of dead bodies at any place other than| Ditto a registered burial ground.

191 (1) Opening or using any place for the disposal of Fifty rupees the dead without license from Grama Pancha- °

'at.

192 (2) Failure to obey notice prohibiting use of any Ten rupees burial or burning ground.

202 Unlawful building of wall or erecting of fence One hundred in or over any public road. rupees.

203 {l) Failure to take down, secure or repair dangerous Five huxdred structure adjoining a publie road. rupees.

204 (1) Allowing doors, ground ficor window to open} One hundred outwards upon any public.road withoutlicense, rupees.

(2) Disobedience of notice to alter doors, gates, etc. Ditto with a view to preventing projection over

public road.

205 (1) Failure to obey notice to secure lop or cut down} Fifty rupees dangerous trees.

206 12) Pailure to removeor alter encroachmentobstruc-| Two hundred ting view oftraffic. rupees,

208 Disobeying the direction to discontinue the} Fifty rupees ° work of dangerous quarries.

209 Felling, removing, destroying, loppingor strip- Ditto:

ping bark or leave or otherwise dangerous trees growing on roads or lands vested in Anchal Sasan.

255 Removalor obliteration of notice exhibited by Ditto or under orders of an Anchal Sabha, its Chairman or Anchal Executive Officer.

SCHEDULE VI

PENALTIES FOR CONTINUING BRHACHES

{ See section 263 (2) ] Sub- Daily fine which

Section section Subject may be imposed ior clause

1 2 3 4

185 (1) Failure *to obey notice to clear or cleanse Five rupees building or land in filthy state or overgrown with noxious vegetation.

) (2) Failure to obey to cleanse or disinfect building Ditto 188 (3) Diaobeying direction te disinfect the clothing, Sritto bedding or other articles likely to retain

| infection. :

. .

489 +. Failure to obey notice to close public places Twenty rapeea | during the prevalence of any dangerous

epidemic disease. .

iol (1) Opening or using any place for the disposai|Ten rupees per | of the dead without license from Grama] every occasion, . Panchayat.

| 202 Unlawful building of wall or erecting of fonce |

Twenty rupess

in or over any publie road.

203 (1) Failure to take down, seonre or repair dangerous) Twenty rupees - structure adjoining a public road. '

204 (1) Allowing doors, groundfloor windows to open Five rupees , outwards upon any public road without license,|

(2) Disobedience of noice $0 alter doors, gates, ete., Ditto with a view to preventing projection over

public road.

205 (2) Failure to obey notice to secure, lop or cut down! Ditto dangerous trees.

206 (1) Failure to remove or alter encroachment Ditto obstructing view of traffic.

208 Disobeying. the direction to discontinue the Ditto work of dangerous quarries.

108