0RISSA ACT 1 OF 1970
1
( THE GANJAM AND BOUDH (VILI.AGE
OFFICES ABOLITION ) ACT, 1969 )
[ Received the assent of the President on the 13th January 1970,first published in an extra- ordinary issue of the Orissa Gazette, dated the 22nd January 1970 ]
AN ACT TO ABOLISH CERTAIN VILLAGE OFFICES IN
THE STATE OF OrussA
Whereas it is expedient in the public interest to abolish certain Village Offices in the districts of Ganjam and Boudh of the State of Orissa and to provide for matters incidental thereto in the manner hereinafter appering;
It is hereby enacted by the Legislature of the State of Orissa in the Twentieth Year of the Republic of India, as follows:-
1. (J) This Act may be called the Ganjam and short title, Boudh (Village Offices Abolition) Act 1969. extent and ' commence-
(2) It extends to the Ganjam Agency areas and to ment. the Baliguda Subdivision in the district of Boudh of the State of Orissa.
(3) It shall come into force on such date as the State Government may, by2notification, appoint in that behalf.
2. In this Act unless the context otherwise Definitions requires-
( a) "appointed date" in relation to any village office means the date appointed in respect of such office by a notification under sub- section (J) of section 3;
(b) "Collector" includes any officer, not being below the rank of an Additional District Magistrate appointed by the State Govern- ment to perform all or any of the functions of a Collector under this Act;
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. 1. For Statement of Objects and Reason5, see Orissa Gazelle, Extra ordmary, dated the 8th October 1969 (No. 1545 ).
481
482 THE GANJAM AND BOUDH [Or. Act
(Sec. 3)
(c) " emolument" in relation to any Village Office ineans salary, cash payment, commi- ssion, sanja or cist mamool, use or enjoy· ment of lands held and all kinds of privile- ges and be11efits in respect of or annexed to such office in lieu of remuneration for the performance of the duty appertaining thereto and includes right to fees or perquisites in money or in kind, whether at fixed times or otherwise as incidental to such office;
( d) "prescribed" means prescribed by rules made under this Act; and
(e) "Village Office" shall mean the office shown in the Schedule.
Abolition of 3. (1) The State Gowrnment may from time to Village Offi- time, by notification, declare the village offices speci- :~u~n~ ~0~~ fied therein to have been abolished with effect from thereof. such date as may be appointed thereunder.
(2) Notwithstanding anything in any law, usage, settlement, grant, sanad or order or in any judgment, decree or order of a Court, with effect from and on the appointed date-
(a) all the incidents of the service tenures rela- ting to such offices shall be deemed to have been extinguished;
(b) all settlements, sanads and all grants in pursuance of which such tenures were being held immediately before the appoin- ted date shall be deemed to have been cancelled;
(c) the rights of the holders of such offices to receive any emoluments shall be deemed to have been terminated;
(d) all rights to hold office and any liability to render service appertaining to such office shall stand extinguished;
(e) all lands held as emolument in respect of such offices shall stand resumed and vested absolutely in rhc State Government free from all encumbrances; and
2
1of1970] (VILLA(.l= OFFICES ABOLITION) ACT, 1969 (Secs. 4-7)
(f) the holders of such offi.:cs shall cease to have the right to hold all other lands which thi: / would not have continued to hoJc except by virtue or or as incidental to his offi«.;.
483
4. (I) If any question arises as to whether a Collector to person was immediatdy ~)e ·ore the appointed date the deciden, . ifha Id {. . 1 ~, .. ·~ . 11 h 11 ft perso is t e ho er o any V1l age 'Ji1tCe 1 l1e Co ector s a a er holder of a giving the perso>l atfocted an opportunity of being Village Office.
heard and after holding (ill e · '.quiry decide the ques-
tion.
(2) Any person aggrieved by the decision of the Coilector under sub-sec:icn. (1) may within thirty days of such decisi::m prt.fer an appeal to the Board of Revenue.
5. All lands resumed under the provisions of this Settlement Act shall be settled with rights of occupancy therein oflands. on a fair and equitable rent with the holder of the Village Office or with him and aH those other persons if any, who may be in the enjoyment of the land or any part thereof &.s his co-sharers or as tenants under him or under such co-sharer to the extent that each such person was in separate and actual cultivating possession of the s~me immediately before the appointed date.
6. The Village Officer shall, on abolition of the Employment office, if there arc no lands to be settled with him, be v"~ 1 c 1
ertainffi 'd f 1 · 1 · l 1 age 0 ce pa1 by way o so at1um a ump sum grant equiva ent in state to rupees fifty for every completed year of service: Services. and payment of
Provided that no such solat1um shall be payable,
if such officer on his application has been appointed
before the expiry of a period of six months from the
appointed date to any suitable po~t under the State
Government in accordance with such rules as may be
prescribed.
Solatium.
7. (1) It Shall be th<:: duty of every holder of a submi;sion Village Office in the prescribed manner- of Records and delivery
of possession
( ) d 1
. ll d . . . of land. a to e iver a recor s m?,mtarned by him before the appo1ntd date in respect of the
land or village held by him in relation to
his office: and
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484 THE GANJAM AND BouoH (Or. Act (Sec. 8)
(b) to render all accounts appertaining to his office in respect of dues payable by and to him.
(2) Whoever without sufficient cause fails to comply with the provisions of any of the clauses of sub-section (J) within thirty days from the date of service of a notice in that behalf or such further period as the Collector may allow, shall be punisha- ble on conviction with fine which may extend to two hundred rupees and in the case of continuing failure, with an additional fine which may extend to ten rupees for everyday during which such failure conti- nues after the conviction for the first such failure.
(3) The Collector may for the purpose of recove- ring the record specified in clause (a) of sub-section
(J) issue a search warrant and exercise all such powers with respect thereto as may be lawfully exercised by a Magistrate under Chapter VII of the Code of Criminal Procedure, 1898. 5 of t898 Determina- •
tion of 8. (J) If any person ts aggrieved by the provjsions ~:~b~~it~n of this Act on the ground that it provides for the amounts to acquisition of property by the State, such person may acquisition. apply within a period of three months from the appointed date to the Collector for the determination of the question and the compensation, if any, payable in respect thereof.
(2) The Collector shall after holding an enquiry and giving all parties interested an oppertunity of being heard determine the right to and the amount of such compensation, if any, as may be payable, so far as may be in accordance with the provisions of sub· section (1) of section 23 and section 24 of the Land 1 of 1894 Acquisition Act, 1894:
Provided that in determining the compensation the Collector shall take into account the value of the interest acquired by such person as a result of the settlement of land, if any, in accordance with the provisions of section 5.
(3) Any amount paid as compensation in respect of any land settled under section 5 with any person other than the holder of the Village Office shall be realised by the State Government from such person and all such amounts shall be recoverable as arrears of land revenue.
4
l of 1970) (VILLAGE OFF1cEs ABOunON) A.er, 1969 485 36 of 1963
(Secs. 9-13)
(4) Any person aggrieved by the decision of the Collector under sub-section (2) may, within thirty days of such decision, prefer an appeal to the Board of Revenue.
9. In giving effect to the provisions of section 5 ~e~~eTr:\r no premium sh
10. The State Government may, by rules made Procedure to · h b If ·r · h 11 · 1 · be followed in m t at eha , spec1 y e1t er genera y or m re atlon proceedings. to any particular area the time within which, the
authorities bv whom and the manner in which
proceedings in respect of matters under section 5
including matters preliminary, incidental or ancillary
thereto shall be commenced, heard and disposed of.
11. (1) Save as otherwise expressly provided in Appeal this Act any person aggrieved by any order passed under this Act or the rules made thereunder, may prefer an appeal within thirty days from the date of the order before the Collector, and if the original order is passed by the Collector, before the Board of Revenue.
(2) Any person aggrieved by an order passed in appeal not being an appeal before the Board of Revenue, may, within thirty days from the date of the order, prefer an appeal both on questions of fact and law before the Board of Revenue, who may after calling for the records and giving the parties an opportunity of being heard pass such orders confir- ming, modifying or reversing the order in question according as tbe Boarci deems proper.
(3) Any person aggrieved by an order passed by the Board of Revenue in an appeal under sub-section
(4) of section 8 may within sixty days from the date of such order, file an appeal before the High Court.
12. All orders passed under this Act shall, Finality of subject to the decision passed in an appeal, if any, be orders. final.
13. The ~1rovisions of sections 4, 5, 12 and 14 of Application the Limitation Act 1963 shall be applicable to the 0
fLimitation fi . l d' . A Act, 1963 ltng of appea s un er this ct.
5
486
Authorities to exercise certain
powers of Civil Court. Power to
make rules. THE GANJAM AND BouoR (Secs. 14-15)
(Or. Act
14. (I) The Collector, Board of Revenue and the other authorities specified under sections 10 and 11 shal1, for the purposes of this Act, have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 when trying a suit in respect 5 of I9os of-
(a) summoning and enforcing the attendance of witnesses and examining them on oath;
(b) requiring the discovery and production of documents;
( c) receiving evidence on affidavit; and
(d) such other matters as may be prescribed.
(2) All enquiries and proceeding before the :::iforesaid authorities under this Act shall be deemed to be judici'.'IJ proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code. 45 of 1860
15. (1) The State Government may after previous publication make*rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-
( a) the procedure to be followed by the Collector, the Board of Revenue and other authorities while proceeding under any of the provisions of this Act;
(b) the qualifications and other conditions for the appointment of the holders of village offices in suitable posts under Govern- ment; and
(c) all other matters which under the provi- sions of this Act are required to be or may be prescribed.
(3) All rules made under this Act shall, as soon as may be after they are made, be laid before the State Legislature for a total period of fourteen days *For rules see Notification No. 67755-E. A. I. (S. D.) 33/70-R., dated the 9th December 1970 bearmg S. R. 0. No. 963/70 published in Orissa Gazette extraordinary, dated the 12th December 1970 (No. 1649).
1of1970) (VILLAGE OFFICES ABounoN) AcT, 1969 (Sch.)
which may be comprised in one or more sessions and ii during the said pericd the State Legislature makes modification, if any, therein the rules shall thereafter have effect only in such modified form, so however that such modification shall be without pre- iudice to the validity of anything previously done under the rules.
l. Mutha Head
2. Sub-Mutha Head
3. Bisoyee
4. Patro
5. Sub-Patro
6. Hodadar
7. Samesthan Paik
8. Paik
9. Peshinia
10. Behera Dolai
SCHEDULE
[See section 2 (e)]
GANJAM AGENCY AREAS
21. Bada Kumaro
22. Bodo Bodo Kumaro
23. Sano Bodo Kumaro
24. Bodo Naik
25. Bodo Bodo Naik
26. Sano Bodo Naik
27. Ghadei
28. Ghodia Patro
29. Khotha Dalai
30. Bodo Dalai
11. Bodo Behera Dolai 31. Dala Behera
12. Sano Behera Dolai
13. Dandasena
14. Bodo Dandasena
15. Sano Dandasena
16. Malo Dandasena
17. Padhani
18. Bodo Padhani
19. Sano Padhani
20. Malo Padhani
32. Dalapati
33. Dharmo Dalapati
34. Sano Dalapati
35. Malo Dalapati
487
488 THE GAN.JAM AND BouDH (VILLAGE OFFICES ABOLITION) ACT, 1969 [Or. Act 1of197())
41. Pradhan
42. Dora
43. Bodo Bissoyee
44. Sano Bissoyee
45. Dhangada Bissoyee
46. Malo Bissoyee
47. Sirdar
48. Sirdar Pradhan
49. Jagat Singi
50. Uttam Singi
51. Pa tta Singi
52. Gajendra
53. Sundarai
1. Mutha Head
2. Sub-Mutha Head
3. Patro
4. Sub-Patro
5. Paik
6. Karanam
7. Chatia
8. Karji
9. Mallika
10. Padra
11. Majhi
12. Bebhari
13. Peshinia
14. Desipatra
15. Dalabehera
16. Kotodalai
17. Naik
18. Goditory
19. Dandias
20. Sub-Bissoyce
21. Bissoyee
22. Digal
23. Dalapati (24. Samasthanpaik
25. Muthamallik ( Sch. Contd.
54. Ranohati
55. Ranojiti
56. Arisaily a
57. Bairisailya
58. Pharsia
59. Karji
60. Karanam
61. Dalai
62. Sano Ghadai
63. Adhikari
64. Head Naik
65. Naik BounH DISTRICT
26. Dakua
27 Pradhan
28. Koha1
29. Goda ti ya
30. Mutha Adhikari
31. Dandasena
32. Badamajhi
33. Behera Dalei
34. Rauto
35. Dalai
36. Bodo Naik
37. Kabat Majhi
38. Pato Majhi
39. l\1utha Majhi
40. Singi
41. Sitha
42. Bindhani
43. Gauntia
44. Badhei
45. Bodo Kumbhar
46. Barik
47. Sani
48. Badhaik
49. Sudhi Mallik
50. Sudhiholder Mallik
51. Assistant l\irntha Head J
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-1:-Add~ by the Ganjam and Boudh (Village Offices Abolition) Amendment Act, 1975( Gr. A' t 2_ofU976),;,s. 2.
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