SupremeToday Landscape Ad

Orissa Zilla Parishad Act, 1991

Read full Act
S.1 Short title, extent, commencement and application

       (1) This Act may be called the Orissa Zilla Parishad Act, 1991.
        (2) It shall extend to the whole of the State of Orissa :
        Provided that save as otherwise expressly contained in this Act nothing herein shall apply to any local area to which the provisions of the Orissa Municipal Act, 1950 or to any area to which the provisions of the Cantonments Act, 1924 have been, or may hereafter be extended.
        (3) This section shall come into force at once and the remaining provisions of this Act shall come into force on such date as the Government, may by notification, appoint.
        (4) Any notification, order or rule and any appointment to an office to be issued or made or any election to be held under this Act, may be so issued, made or held after the date of pas

S.2 Definitions

       In this Act, unless the context otherwise requires,-
       (a) "Block" means the Block notified under Section 15 of the Orissa Panchayat Samiti Act, 1959.
       4[(a-1) "Council" means the State Council of Parishad as constituted under Section 31-A;
       (a-2) "Election Commission" means the State Election Commission consisting of a State Election Commissioner appointed by the Governor under Article 243-K of the Constitution; and
       (a-3) "Finance Commission" means the Finance Commission constituted by the Governor under Article 243-I of the Constitution;]
       (b) "Government" means the Government of Orissa;
       (c) "Grama" means a Grama Constituted under the Orissa Grama Panchayat Act, 1

S.3 Constitution and function of Parishad

       (1) The Government may, by notification constitute a Parishad for every district.
        (2) Every Parishad shall, by the name of the district for which it is constituted, be a body corporate having perpetual succession and a common seal and subject to any restriction and qualification imposed by or under
       this Act or any other enactment shall have the power to acquire and hold property, both movable and immovable, to transfer any such property held by it, to enter into contracts and to do all other things as may be considered necessary, proper or expedient for the purpose of this Act and may sue and be sued in its corporate name.
        (3) Every Parishad shall have the power to -
        (i) undertake schemes or adopt measures including giving of financial assistance

S.4 Standing Committee of Parishad

For the efficient discharge of its functions the Parishad shall constitute Standing Committees whose numbers, composition, powers and functions shall be such as may be prescribed: Provided that the Parishad shall have power to co-opt such number of persons from outside as may be prescribed.


S.5 Annual report

       (1) The Parishad shall prepare in such form and at such time each year as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Government.
        (2) The Government shall lay on the table of the Legislature all such reports together with their comments thereon.
        (3) Every Parishad shall furnish to the Government such returns, statistics and other information with respect to its activities as the Government may from time to time require.


S.6 Members of Parishad

       (1) The Parishad shall consist of the following members, namely :
       (a) one member elected directly on the basis of adult suffrage from every constituency within the 2[Parishad area];
       (b) Chairman of each Samiti situated within the district.
       (c) every member of the House of the People and of the State Legislative Assembly representing constituencies which comprise wholly or partly the area of the Parishad;
       (d) members of the Council of States who are registered as electors within the area of the Parishad.
        3[Explanation - For the purpose of Clause (a), 'Constituency' shall mean a constituency as may be determined under Sub-section (3-A) Subject to Article 243-C of the Constitution.]
   &nb

S.6(a) Superintendence, direction and control of elections to vest in State Election Commission

       (1) The Superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to Parishad, shall be vested in the Election Commission.
        (2) The conditions of service and tenure of office of the State Election Commissioner constituting the Election Commission shall be such as the Governor may by rule determine under Clause (2) of Article 243-K of the Constitution.
        (3) The Governor shall, when so requested by the Election Commission, make available to the Election Commission such staff as may be necessary for the discharge of its functions].
        3[(4) The Election Officers, Presiding Officers and any other officers appointed or designated for the time being for the conduct of elections under this Act shall be deemed to be on deputation to the Election

S.7 Duration of Parishads

       (1) Every Parishad, unless sooner dissolved under this Act, shall continue for five years from the date appointed for its first meeting referred to in Section 8, and no longer.
        (2) An election to constitute a Parishad shall be completed-
       (a) before the expiry of its duration specified in Sub-section (1); or
       (b) where a Parishad is dissolved before the expiry of its duration, before the expiration of a period of six months from the date of its dissolution :
        Provided that where the remainder of the period for which the dissolved Parishad would have continued is less than six months, it shall not be necessary to hold an election under this sub-section for constituting the Parishad for such period.
        (3) The

S.8 Election of President and Vice-President

       (1) The members of the Parishad specified in Clause (a) of Sub-section (1) of Section 6 shall, -
       (a) at its first meeting, which 2[shall be convened within twenty-two days, but not before the expiry of seven days, from the date of] publication of the names under Sub-section (2) of Section 6, elect in the prescribed manner a President from among them;
       (b) at a subsequent meeting, which shall be specially convened for the purpose within thirty days from the date of the election of the President, elect the Vice-President of the Parishad from among them :
        Provided that where the office of the President is not reserved under this Act for women or where a President elected under this Act is not a woman, office of the Vice-President of the Parishad shall be reserved for women.
   

S.9 President to be executive authority

       (1) The resolution of a Parishad shall be given effect to by the President in whom the executive powers of the Parishad shall vest in cases of emergency he may take a necessary action which shall be subject to the approval of the Parishad at its next meeting.
        3[(2) When the office of the President is vacant the Vice-President of the Parishad shall, for all the purposes of this Act, exercise the powers and perform the functions of the President until the new President is elected.
        (3) When the office of the President is vacant or the President has been continuously absent from the district for more than fifteen days or is incapacitated for more than fifteen days and there is either a vacancy in the office of the Vice-President or the Vice-President has been continuously absent from the district for more than fifteen days or is incapacita

S.10 Payment of honorarium to President and Vice-President

The President and the Vice-President shall be paid such honorarium per month as may be prescribed by Government from time to time.


S.11 Meetings of Parishad and conduct of business

       (1) A Parishad shall meet not less than four times during any year for the transaction of its business and a period of more than three months shall not be allowed to elapse between two successive meeting. (2) The business of the Parishad shall be conducted in the prescribed manner.
        1[(3) Nothing in this Act shall prevent any member referred to in Clauses (c) and (d) of Sub-section (1) of Section 6 to nominate a person to represent him in any meeting of the Parishad except the meeting convened under Section 39, where such member cannot attend the meeting due to other engagements, and, in every such case, the person so nominated shall have the right to speak in, and otherwise take part in the proceedings of, the meeting of the Parishad but shall not, by virtue of this provision, be entitled to vote.


S.12 Budget of Parishad

       (1) The Chief Executive Officer of the Parishad shall, in each year prepare and place before the Parishad through its President on or before the prescribed date a Budget estimate for the following year containing such particulars as may be prescribed and the Parishad shall sanction the Budget with such modifications, if any, as it thinks fit and the Budget so sanctioned shall submitted to the Government in the prescribed manner.
        (2) If in the course of a year, a Parishad finds it necessary to alter the figures shown in the Budget with regard to its receipts or to the distribution of the amounts to be expended on the different services undertaken by it, a supplementary or revised Budget may be prepared, sanctioned submitted and modified in the manner provided in Sub-section (1).


S.13 Chief Executive Officer and its functions

       (1) The Collector of the district shall be the Chief Executive Officer of the Parishad who shall subject to the provisions of this Act, exercise such powers and perform such functions as may be prescribed.
        (2) The State Government may appoint such number of Executive Officers to the Parishad as may be expedient, who shall remain under the administrative control of the Chief Executive Officer and shall exercise such powers and perform such functions as may be prescribed.
        (3) The 2[Project Officers, District Rural Development Agency] shall be the ex officio Secretary of the Parishad.
        3[(4) The Chief Executive Officer and the Secretary of the Parishad shall attend all meetings thereof and may take part in the discussions therein, but shall not have the right to move for resolution or to vote.]

S.14 Zilla Parishad Fund

       (1) All moneys received by the Parishad shall constitute a fund called the "Zilla Parishad Fund". The fund shall vest in the Parishad and shall be applied for the performances specified in this Act and for such other purposes and in such manner as may be prescribed.
        (2) All moneys received by the Parishad shall be deposited in the State Bank of India or, with the sanction of the Government, in any other Bank approved by them.
(3) All order or cheques against the Zilla Parishad Fund shall be signed by the Chief Executive Officer or other Executive Officers as the Government may by notification, specify.


S.15 Income and expenditure of Parishad

       (1) The sources of income of a Parishad shall consist of -
       (i) the Central or State Government funds allotted to the Parishad;
       (ii) grants from All-India Bodies and Institutions for the development of cottage, village and small scale industries and the like;
       (iii) such share of the land cess or any other cess or State taxes allotted under any law or fees as may be prescribed;
       (iv) income from endowments, trusts or other institutions administered by the Parishad.
       (v) donations and contributions from the Samitis or from the public in any form.
        (2) The expenses of the Parishad shall include the salaries and allowances of its employees, honorarium payable to the P

S.16 Accounts and audit

       (1) The Parishad shall keep regular accounts of receipts to and disbursement from the Zilla Parishad Fund and such accounts shall be published in the prescribed manner.
        (2) The provisions contained in Sub-sections (2), (3), (4) and (5) of Section 100 of Orissa Grama Panchayats Act, 1964 shall mutatis mutandis apply in regard to the audit of the Zilla Parishad Fund.]


S.18 Review of Finance

       (1) It shall be the duty of the Finance Commission to review the financial position of Parishads and to make recommendations to the Governor as required under Article 243-I of the Constitution.
        (2) The Commission may, for the purpose of maintaining sound financial position of Parishads, make such recommendations including measures need for improvement of the financial position thereof, as it may deem fit.
        (3) The Governor shall cause every such recommendation made by the Finance Commission together with an explanatory Memorandum as to the action taken thereon to be laid before the Legislature Assembly.


S.19 Inspecting and Superintending Officers of Parishad

It shall be the duty of the Government and such officers or authorities as may be authorised by the Government to see that the proceedings of Parishads are in conformity with the provisions of this Act and the rules, and that the implementation of the decision taken therein and all actions taken by the Parishads for carrying out the provisions of this Act and the rules are free from fraud, misappropriation, embezzlement and other criminal bearings.


S.20 Power of entry of Inspecting Officers

       (1) The Director of Grama Panchayats as defined in the Orissa Grama Panchayats Act, 1964 shall be the Director of the Parishad Administration in the State (hereinafter referred to as the Director).
        (2) The Director or any officer whom the Government may authorise in this behalf may at any time enter upon and inspect or cause to be entered upon and inspected.
       (a) any immovable property, or any work in progress, under the control of any Parishad;
       (b) any school, hospital, dispensary, vaccination station, choultry, dharmasalas or other institutions maintained by or under the control of any Parishad and any records, registers or other documents kept in such institution;
       (c) the office of any Parishad and any records, registers or other document kept th

S.21 Access of Inspecting Officers to Parishad Property

Subject to such rules as may be made in that behalf, the Parishad and its President and employees shall, at all reasonable times, be bound to afford to the officers and authorities referred to in Sections 19 and 20 such access to the property or premises of the Parishad and to all documents as may, in the opinion of such officers or authorities, be necessary to enable them to discharge their duties under the said sections.


S.22 Power to call for report from Parishad

       The Director or any officer or person, whom the Government may empower in this behalf, may -
       (a) call for any record, register, or other document in the possession or under the control of an Parishad;
       (b) require any Parishad or its President to furnish any return, plan estimates statement, account or statistic;
       (c) require any Parishad or its President to furnish any information or report on any matter connected with such President;
       (d) record in writing for the consideration of any Parishad or its President any observations which the Director or such officer or person may think proper in regard to its proceedings or duties.


S.23 Powers to suspend or to cancel resolutions and orders

       (1) The Government may, by order in writing cancel any resolution order passed by a Parishad or by any of the authorities of such Parishad if, in their opinion such resolution or order.
       (a) is not legally passed; or
       (b) is in excess or abuse of the powers conferred by or under this Act or is against the public interest; or
       (c) on its execution, is likely to cause danger to human life, health or safety or is likely to lead to a riot or affray :
        Provided that nothing in this sub-section shall apply to a resolution passed under Section 39.
        (2) Government shall, before taking action under Sub-section (1), give the Parishad an Opportunity for explanation.
        (3) If

S.24 Extraordinary powers of Director

       (1) In cases of emergency the Director may, subject to the approval of the Government direct or provide for the execution of any work, or the doing of any act which a Parishad or its President is empowered to execute or do, and the immediate execution or doing of which is in his opinion necessary for the implementation of developmental plans or safety of the public and may direct that the expenses of executing such work or doing such act shall be paid out of the Fund of the Parishad.
        (2) If the expense is not so paid, he may make an order directing the person having the custody of the Fund to pay it in priority to any other charge against such Fund. Such person shall, so far as the Funds to the credit of the Parishad admit, be bound to comply with such order.


S.25 Government's power to take action in default of a Parishad or its President

       (1) If at any time, it appears to the Government that a Parishad or its President has made default in performing any duty imposed by or under this Act or any other law for the time being in force they may, by order in writing, fix a period for the performance of such duty.
        (2) If such duty is not performed within the period so fixed, the Government may appoint some persons to perform it and may direct that the expense of performing it shall be paid from the Fund within such time as they may fix, to such person by the Parishad.
        (3) If expenses which the Government have directed under Sub-section (2) to be paid from the Fund, are not so paid, the Director, with previous sanction of the Government, may make an order directing the person having the custody of the Fund to pay it in priority to any other charge against such Fund.
 &n

S.26 Removal of the President and Vice-President of Parishad

       (1) If, in the opinion of the Government, the President or Vice-President of the Parishad wilfully omits or refuses to carry out or violates the provisions of this Act or any rules, bye-laws or orders, made or issued thereunder or abuses the power vested in him and the Government are satisfied that further continuance of such person in office would be detrimental to the interest of the Parishad, they may, by order published in the prescribed manner, remove such President or Vice-President from office :
        Provided that no such order to removal shall be made without giving the person concerned a reasonable opportunity of being heard.
        (2) No person removed from the office of President or Vice-President under this section shall, for a period of four years from the date of removal, be eligible to hold any of the said offices.


S.27 Revival of removal Proceedings

       (1) Where any proceeding which was initiated under Section 26 against any person holding office as President or Vice-President of a Parishad could not be finalised due to the vacation of the office by the President or Vice-President, as the case may be, by resignation or otherwise and the said person is found to be holding office as President or Vice-President of that Parishad during the term in which he so vacated of during the succeeding term, the State Government may direct revival of the said proceedings whereupon, the said proceedings shall be proceeded with form the state it had reached by the date of vacation of the office by the President or the Vice-President, as the case may be, and disposed of in accordance with the provisions of the said section.
        (2) No person removed from the office of President or Vice-President as a result of the proceedings so revised shall, for a

S.28 Dissolution and reconstitution of Parishads

       (1) If in the opinion of the Government a Parishad is not competent to perform or persistently makes default in performing the duties imposed on it by law or exceeds or abuses it powers they may, by notification published in the prescribed manner, direct that the Parishad be dissolved and immediately reconstituted. The notification shall specify the time within which the Parishad shall be reconstituted :
        Provided that for the purpose of completing the elections to a Parishad which has been dissolved, the Government may, from time to time, extend the time fixed by them under this sub-section not exceeding six months in the aggregate for its reconstitution.
        (2) Before publishing a notification under Sub-section (1), the Government shall communicate to the Parishad the grounds on which they propose to do so, fix a reasonable period for th

S.29 Supersession of Parishad

       (1) If after the fresh election held under Section 28, the Parishad continues to be incompetent to perform or abuse its powers for all or any of the reasons specified in Sub-section (1) of the said section the Government may, by notification published in the prescribed manner, supersede it for a specified period, not exceeding six months.
        (2) Before publishing a notification under Sub-section (1), the Government shall follow the procedure laid down in Sub-section (2) of Section 28.
        (3) The supersessions of a Parishad shall, if no other date and time are fixed in the said notification, take effect from the date of publication thereof and, thereupon, all the members of the Parishad including President and Vice-President shall forthwith be deemed to have vacated their offices.
        (4) The provisio

S.30 Devolution of assets and liabilities dissolved or superseded Parishad

When a Parishad is dissolved under Section 28 or superseded under Section 29 the Government until the date of the reconstitution thereof and the reconstituted Parishad thereafter, shall be entitled to all the assets and be subject to all the liabilities of the Parishad as on the date of dissolution or supersession and on the date of reconstitution respectively.


S.31 Powers of officers acting for or in default of Parishad

When the Director or person appointed by the Government lawfully take action on behalf, or in default, of a Parishad under this Act, 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 Parishad or its employees whose powers he is exercising and compensation shall be recoverable from the Fund of the Parishad by any person suffering damage from the exercise of such powers to the same extent as if the action had been taken by such Parishad or its employees.


S.31(a) State Council of Parishads

       (1) The Government may by notification, constitute a State Council of Parishads to aid and advise the Government in matters relating to the growth and development of Panchayati Raj institutions in the State.
        (2) The Council shall consist of the following members, namely:
       (i) Chief Minister;
       (ii) Minister in charge of Panchayati Raj;
       (iii) President of Parishad.
        (3) The Chief Minister and the Minister in charge of Panchayati Raj shall be the Chairman and the Vice-Chairman, respectively of the Council.
        (4) The Council may co-opt the Ministers in charge of Finance and Planning as its members and may also call for the participation of any officials connected wit

S.32 Election disputes

       (1) No election of a person either as a member or as the President or Vice-President of a Parishad held under this Act shall be called in question except by an election petition presented before the District Judge having jurisdiction over the place at which office of the Parishad is situated.
        (2) For the purpose of Sub-section (1), the provisions contained in Chapter-VI-A (hereinafter referred to in this sections as the said Chapter) of the Orissa Panchayat Samiti Act, 1959 shall mutatis mutandis apply except as hereunder provided :
        In the said Chapter -
       (i) the reference to the expression "Samiti" and "Election Commissioner" wherever they occur, shall be construed as reference to "Parishad" and "District Judge" respectively;
       (ii) an election peti

S.33 Disqualifications for becoming a member and continuing as member

       (1) A person shall not be eligible to stand for election under Clause (a) of Sub-section (1) of Section 6, if he -
       (a) is not ordinarily residing within the 1[Parishad area]; or
       (b) is of unsound mind; or
       (c) is an applicant to be adjudicated as an insolvent or is an undischarged insolvent; or
       (d) is a deaf-mute or is suffering from leprosy or tuberculosis;
       (e) is convicted of an election offence under any law for the time being in force; or
       (f) is not a citizen of India; or
       (g) is convicted of an offence involving moral turpitude; or
       (h) holds any office of profit under t

S.33(a) No person to hold more than one elected office

       (1) Notwithstanding anything contained in any other law, an elected member of the Parishad including the President and the Vice-President thereof shall not hold simultaneously.
       (i) an elected office in any Samiti or Grama Panchayat; or
       (ii) an office as a member of the House of the People or of the council of States or of the State Legislature.
        (2) Where a person is elected as a member of the Parishad -
       (i) while holding an elective office under any Samiti or Grama Panchayat he shall be deemed to have ceased to hold the first elected office; or
       (ii) while continuing as a member of the House of the People or of the Council of States or of the State Legislature, he shall be deemed to have ceased to hold th

S.34 District Judge to decide question of disqualification

       (1) When ever it is alleged that any member of a Parishad is or has become disqualified, or whenever any such member is himself in doubt whether or not he is or has become disqualified, such member or any other member may and the President at the request of the Parishad shall apply to the District Judge, having jurisdiction over the place where the office of the Parishad is situated, for a decision on the allegation or doubt.
        (2) The District Judge shall, after holding an enquiry in the prescribed manner determine whether or not such member is or has become disqualified and his decision shall be final.
        (3) Pending such decision the member shall be entitled to act as if he was not disqualified.


S.35 [Nomination on failure of election, and dereservation in certain cases]

       [(1)] If for any reason whatsoever the electorate fails to return a member in accordance with the provisions of Clause (a) of Sub-section (1) and Sub-section (3) of Section 6, a fresh election shall be held in respect of the vacancy on such date and in such manner as may be prescribed and in case the electorate still fails to return a member after such fresh election, the Government shall nominate a person who is otherwise eligible to be elected and the person so nominated shall, subject to the provisions of Sub-section (2) of Section 33, be deemed to have been validly and properly elected.
        3[(2) Where the seat of any member is reserved under Sub-section (3) of Section 6 for any particular category and the Government fails to nominate under Sub-section (1) a person to such seat for non-availability of any eligible person belonging to that category, such seat shall, on recommendat

S.36 Oath of allegiance

       (1) Every elected member 1[including the President and the Vice-President] of the Parishad shall, before taking his seat, make at a meeting of the Parishad an oath or affirmation of his allegiance to the Constitution of India in the following form, namely :
        "I.......................having become 2[a member/the President/the Vice-President] of the Parishad, swear in the name of God/Solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established that I will faithfully discharge the duty upon which I am about to enter."
        (2) 2[Any such member, President or Vice-President] who fails to make, within three months of the date with effect from which he holds office or at any one of the first three meetings of the Parishad whichever is later, the oath or affirmation as aforesaid, shall cease to hold

S.37 Resignation of President, Vice-President and members

The President Vice-President or any member of the Parishad may resign his office as such President, Vice-President or member by giving notice into the Parishad. Except in a case where the person resigning delivers the notice of resignation personally to the Chief Executive Officer, such officer shall, on receipt of a notice of resignation, obtains confirmation from the person concerned as to its genuineness. A resignation delivered personally or confirmed as aforesaid, shall take effect on and from the date on which the notice was received.


S.38 Cessation of membership of Chairman in the Samiti

       (1) Notwithstanding anything contained in any law for the time being in force, the Chairman of a Samiti shall cease to be the Chairman with effect from the date on which he ceases to be a member of the Parishad by tendering his resignation or otherwise.
        (2) In the case of dissolution or supersession of a Samiti the Revenue Divisional commissioner shall nominate a person to represent the Samiti in the Parishad during the period of such dissolution or supersession, if such person is otherwise eligible to be elected as a member of such Samiti and the person so nominated shall, for all purposes, be deemed to be a member of the Parishad.


S.39 Vote of no confidence against President and Vice-President

       (1) Where at a meeting of the Parishad specially convened in that behalf a resolution is passed, supported by a majority of not less than two-third of the total members having a right to voter, recording want of confidence in the President or Vice-President of such Parishad, the resolution shall forth with be published by such authority and in such manner as may be prescribed and with effect from the date of such publication the president or Vice-President, as the case may be, shall be deemed to have vacated office.
        (2) In convening a meeting under Sub-section (1) and in the conduct of business at such meeting the procedure herein specified shall be following, namely:
       (a) no such meeting shall be convened except on a requisition signed by at least one-third of the members with a right to vote, along with a copy of the resolution propos

S.40 Casual vacancies

Where a vacancy occurs in the office of an elected member or of the President or Vice-President of a Parishad by reason of death, resignation or otherwise of the person holding such office, the vacancy shall be filled up, so far as may be, in same manner as provided for that office in Section 6 or 8, as the case may be, and the member or the President or Vice-President so elected shall hold office for the remainder of the term of office of the member or, as the case may be, the President or Vice-President in whose place he has been elected.]


S.41 Vacancy not to invalidate proceedings

No act or proceeding of the Parishad shall be invalidated on account of any vacancy in the membership or any defect or irregularity in any such act or proceeding not affecting the merits of the case.


S.42 .

       [* * *]
       ---------------------------------------------------------------------------------------------------------------
1. Omitted vide Orissa Act No. 17 of 1993 (O.G.E. No. 1189 dt. 1.9.1993).


S.43 No member to receive remuneration

       (1) Save as provided in Section 10, no non-official member of a Parishad shall received or be paid any salary or other remuneration for services rendered by him in any capacity whatsoever except with the sanction of the Government but shall be allowed travelling allowance for such purposes and at such rate as may be prescribed.
        (2) 1[* * *]
       ____________________________________________________________________
       1. Omitted vide Orissa Act No. 17 of 1993 (O.G.E. No. 1189 dt. 1.9.1993).


S.44 President, Vice-President and employees to be public servant

       (1) The President, the Vice-President and the employees of the Parishad shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.
        (2) The employees of the Parishad shall be governed by the Orissa Government Servants Conduct Rules, 1959.


S.45 Protection of action taken under the Act

No suit, prosecution or other legal proceeding shall lie against any person in respect of anything done or intended to be done in good faith under this Act or the Rules made thereunder.


S.46 Notice of suit or proceeding

       No suit or other legal proceeding shall be instituted against any Parishad or the President, member or employee thereof in respect of any act purporting to be done by them in their official capacity, until the expiration of two months next after notice in writing has been delivered to or left -
       (a) in the case of a suit or proceeding against the Parishad, at the office of the President; and
       (b) in the case of a suit or proceeding against the President, member or employee, at the office of the Parishad stating the cause of action, the name, description and place of residence of the plaintiff or petitioner and the relief which he claims and the plaint or petition shall contain a statement that such notice has been so delivered or left.


S.47 Revision and review

       (1) The Government may, either suo motu or on an application from any person interested, call for and examine the record of a Parishad in respect, of any proceeding including any proceeding under Section 39 or the correctness, legality or propriety of any decision or order passed therein and if, in any case, it appears to the Government that any such decision or order should be modified annulled or reversed or remitted for reconsideration, they may pass orders accordingly : Provided that the Government shall not pass any order prejudicial to any party, unless such party has had an opportunity of making a representation.
        (2) The Government may stay the execution of any such decision or order pending the exercise of their powers under Sub-section (1) in respect thereof.
        (3) The Government may suo motu at any time or on an application rec

S.48 Delegation of powers

       (1) The Government may, by notification, delegate all or any of their powers under this Act except those conferred upon them by Sections 3, 23, 28, 29, 51, 52 and 53 to any person or authority subordinate to them and may, in like manner, withdraw any power so delegated.
        (2) The exercise of any powers delegated under Sub-section (1) shall be subject to such restriction, limitations and conditions and to such control and revision by such authority as may be specified in the notification.


S.49 Limitation

No suit or proceeding referred to in Section 46 shall, unless it be a suit of proceeding for the recovery of immovable property or for a declaration of title thereto, be commenced after the expiry of six months from the date on which the cause of action arose or in the case of a continuing injury or damage after the expiry of six months from the date of cessation thereof.


S.50 Recovery of amount due to Parishad

All amounts due to be recovered under this Act shall, without prejudice to any other mode of recovery, be recoverable as arrears of land revenue.


S.51 Power to make rules

       (1) The Government may, after previous publication, make rules consistent with the provisions of this Act to carry out all or any 1[of the purposes] of this Act and prescribe forms for any matter which they consider that a form should be provided.
        (2) In particular and without prejudice to the generality of the foregoing powers such rules may provide for -
       (i) the conditions subject to which property may be acquired or transferred by sale, mortgage, lease, exchange or otherwise by a Parishad;
       (ii) regulating the duties, functions and powers of a Parishad;
       (iii) generally determining the relations between Grama Panchayat Samitis and the Parishad for the guidance of Parishads in all matter connected with the carrying out of the Provisions of this Act

S.52 Power to make bye-laws

       (1) Subject to such rules as may be made, a Parishad may, with the approval of the Government, make bye-laws for carrying out any of the purposes for which it is constituted.
        (2) The Government shall have power to make rules regarding the procedure for making bye-law under this section, the publication thereof and the date on which they shall come into effect.


S.53 Issue of order and removal of difficulties

       (1) The Government may, from time to time, with a view to ensuring the proper functioning of the Parishads and the proper implementation of the provisions of this Act issue such administrative orders, directions and instructions as they deem fit not inconsistent with the aforesaid provisions and the rules made thereunder for the guidance of the Parishads.
        (2) Without prejudice to the provisions of Sub-section (1) if any doubt or difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, by order, do anything which appears to them necessary for the purpose of removing the doubt or difficulty :
        Provided that no order shall be issued under this Sub-section after the expiration of a period of two years from the date of commencement of Section 1 of this Act.


SupremeToday Portrait Ad

Enter the Future of Legal Excellence with SupremeToday AI

Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.

experience-legal
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top