Orissa Panchayat Samiti Act, 1959
(1) This Act may be called the Orissa 1[Panchayat Samiti] 2[* * *] Act, 1959.
4[(2) It shall extend to the whole of the State of Orissa :
Provided that save as otherwise expressly contained in this Act nothing therein shall apply to any local area with a population of more than twenty thousand to which the provisions of the Orissa Municipal Act, 1950 (Orissa Act 23 of 1950) or to any area to which the provisions of the Cantonments Act, 1924, (2 of 1924) have been or may hereafter be extended].
(3) This section and Sub-section (2) of Section 2 shall come into force at once and the remaining provisions of this Act shall come into force in any district on such date as the Government may by notification appoint.
(4) Any notification, order or rule a
(1) With effect from the date appointed in the notification under Sub-section (3) of Section 1 in respect of any district the enactments specified in the Schedule so far as they are in force in the State of Orissa, shall as regards such districts be repealed to the extent mentioned in the third column of the said Schedule.
(2) The Orissa District Boards and Local Boards (Control and Management) Act, 1954, shall, notwithstanding anything contained therein continue to remain in force in any district till the date appointed in accordance with Sub-section (3) of Section 1 and on and from such date the provisions of the aforesaid Act shall stand repealed in respect of such district. On such repeal, the provisions of Section 5 of the Orissa General Clauses Act, 1973, shall apply.
In this Act, unless the context otherwise requires-
(a) "Block" means the Block notified under Section 15;
1[(a-1)"Director of Panchayat Samitis" (hereinafter referred in this Act as Director) means the Director of Grama Panchayats appointed under the Orissa Grama Panchayats Act, 1964];
(b) "District Board" means a District Board, Local Board, Union Board or Union Committee constituted for the local administration of the district or any part thereof under the Bihar and Orissa Local Self-Government Act, 1885, the Madras Local Boards Act, 1920 as applied to the district of Koraput or the Sambalpur Local Self-Government Act, 1939;
2[(b-1) "Election Commission" means the State Election Commission consisting of a State Election Commissioner appointed by
5[(1)] The Government shall, by notification, divide each district into such number of local areas as they deem fit. Each such area shall be known as a block and be given such name as may be specified in the said notification.
1[(2) Government may from time to time by notification re-delimit any local area referred to in Sub-section (1) by-
(i) excluding from such local area any Grama; or
(ii) including in such local area any Grama contiguous thereto, and may alter the name given to such local area-
(3) On the issue of a notification under Sub-section (2) the duties and responsibilities for the execution of development works and all assets and liabilities in respect of such works within the Grama shall, subject to the rules, if any, made in that b
For every block constituted under Section 15 there shall be a Block Development Officer to be appointed by Government :
Provided that Government may nominate a member or employee of any non-official Organisation engaged within the Block in development work, with the consent of such Organisation and the Samiti constituted in respect of the block, to exercise the powers, discharge the duties and perform the functions of the Block Development Officer and may in like manner modify or cancel such nomination.
Explanation - The person so nominated shall be deemed to be the Block Development Officer and an official member of the Samiti for all purposes of this Act.
1. Inserted vide Orissa Act No. 24 of 1961.
Government may appoint an Additional Block Development Officer in the block under the administrative control of the Block Development Officer, who shall exercise such powers, discharge such duties and perform such functions as Government may by order determine.
1. Inserted vide Orissa Act No. 19 of 1984.
2[(1) Every block shall have a Samiti consisting of the following members, namely :
(a) the Chairman and the Vice-Chairman of the Samiti elected in the manner provided in Sub-section (3);
(b) one member elected directly on the basis of adult suffrage from every constituency within the Block in the prescribed manner;
(c) Sarpanchas of the Grama Panchayats situated within the Block;
(d) every member of the House of the People and of the Legislative Assembly representing constituencies which comprise wholly or partly the area of the Samiti; and
(e) every member of the Council of States who is registered as an elector within the area of the Samiti :
Provided that
Notwithstanding anything contained in the Orissa Panchayat Samiti Act, 1959 or in the Orissa Grama Panchayat Act, 1964, a person elected as a member of a Samiti and as the Sarpanch or a member of a Grama Panchayat shall, unless he submits to the Collector his resignation from one of the offices to which he has been so elected within 2[a period of seven days] from the day of publication of the notification under Sub-section (6) of Section 16, be deemed to have ceased to hold the office of the Sarpanch] 3[or as the case may be, the member of the Grama Panchayat 4[on and from the expiry of the said period]].
1. Inserted vide Orissa Act No. 5 of 1993 (O.G.E. No. 438 dt. 26.3.1993).
2. Inserted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dt. 28.5.2001.)
3. Added vide Orissa Act No. 7 of 1994 (O.
5[1] 6[The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to Samitis shall be vested in the Election Commission.]
7[(2) In the absence of any provision in this Act or the rules made thereunder the provisions contained in the Representation of the People Act, 43 of 1950 and the Representation of the People Act, 1951 shall mutatis mutandis apply for the purposes of election to Samitis in the following matter, namely :
(i) preparation, revision and updating of electoral rolls;
(ii) appointment of Electoral Registration Officers, Presiding Officers and Polling Officers;
(iii) qualifications and disqualifications for registration as voter;
(
Every Samiti shall by name of the Block for which it is constituted be a body corporate and shall have perpetual succession and a common seal and subject to any restriction and qualification imposed by or under this or any other enactment, shall have power to acquire and hold property both movable and immovable and subject to any rules prescribed, to transfer any such property held by it, to enter into contracts and to do all other things necessary, proper or expedient for the purposes of this Act may use and be sued in its corporate name.
(1) The meetings of the Samiti 1[and the Standing Committees there of] shall be held and conducted in the prescribed manner.
2[(2) All the members of the Samiti specified in Sub-section (1) of Section 16 shall have the right to vote at the meetings of the Samiti.
(3) Nothing in this Act shall prevent any member referred to in Clauses (d) and (e) of Sub-section (1) of Section 16 to nominate a person to represent him in any meeting of the Samiti except the meeting convened under Section 46-B, 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 Samiti but shall not, by virtue of this provision, be entitled to vote.]
3[(4) The 4[R
(1) The executive authority of the Samiti shall vest in the Chairman and it shall be his duty to have the resolution of the Samiti implemented through the Executive Officer of the Samiti.
(2) The Block Development Officer shall be the Executive Officer of the Samiti and subject to such rules as may be prescribed in this behalf, shall function under the control of the Chairman of the Samiti.
(3) The Executive Officer of the Samiti shall exercise such other powers and perform such other functions as may be prescribed.
4. Substituted vide Orissa Act No. 24 of 1961.
-(1) A Samiti shall subject to such terms and conditions as Government may, from time to time by order specify, exercise the powers and perform the functions hereinafter provided-
(a) planning, execution and supervision of development programmes, schemes and works in the block relating to Community Development including those pertaining to 'Tribal Development Blocks' for the time being recognised by Government as such and of such other programmes, schemes and works as Government may from time to time by general or special order direct in respect of any Samiti;
2[(a-i)preparation of plans for economic development and social justice;
(a-ii) implementation of schemes for economic development and social justice and execution of any other scheme, performance of any act or management of any institut
(1) The Chairman of the Samiti shall-
(a) convene and conduct the meetings of the Samiti; and
(b) have power to inspect and supervise all works undertaken by the Samiti.
(2) The Vice Chairman of the Samiti shall exercise such powers and perform such functions as the Chairman may, from time to time, delegate to him in writing and the Chairman may, in like manner, withdraw all or any of the powers and functions so delegated.
(3) When the office of the Chairman is vacant the Vice-Chairman of the Samiti shall for all the purposes of this Act exercise the powers and perform the functions of the Chairman until a new Chairman is elected.
(4) The Chairman and in his absence the Vice-Chairman shall preside over
(1) Whenever it appears that it will be for the common good for two or more Samitis undertaking any work jointly the said Samitis may, at the instance of the 1[Government] or of their own accord, subject to the previous sanction of the Government, execute such work jointly.
(2) When any such work is taken up jointly the concerned Samitis shall with the approval of the 1[Collector], select one person from amongst their executive authorities, who shall be kept in charge of the execution of the work.
(3) The 2[Collector] shall, for the purpose of such execution, determine the amount which shall be contributed by each of the concerned Samitis.
1. Inserted vide Orissa Act No. 19 of 1986.
2. Substituted vide Orissa Act No. 1 of 1968.
3[* * *]
3. Omitted vide Orissa Act No. 24 of 1961.
4[* * *]
4. Omitted vide Orissa Act No. 1 of 1965.
(1) The executive authority of the Samiti shall in each year prepare and place before the Samiti on or before the prescribed date a budget estimate for the following year containing such particulars as may be prescribed and the Samiti shall sanction the budget with such modifications, if any, as it thinks fit.
(2) The budget of the Samiti shall after being so sanctioned, be submitted on or before the prescribed date to the 1[Collector] 2[* * *] The 1[Collector] shall, if 1[he] is satisfied that adequate provisions have not been made therein for the performance of any necessary service coining within the functions of the Samiti, have power to modify the budget in such manner as may be necessary to secure such provisions, and such modifications, if any, shall be made within the prescribed period failing which the budget of the Samiti shall become final.
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(1) The Samiti 3[* * *] with the approval of the Government, shall determine the number and grade of the employees to be appointed to the services of the Samiti.
(2) The Government may at any time, create such posts for the Samiti as they may consider necessary for carrying out the purposes of this Act.
(3) The manner of recruitment and the authority to appoint the employees of the Samitis, their qualifications and conditions of service shall be as may be prescribed.
3. Omitted vide Orissa Act No. 1 of 1968.
Save as otherwise expressly provided in this Act the power, control or authority of the 7[* * *] Samiti shall not extend over and 4[Municipality] notwithstanding the fact that 6[the Municipality] is within the block.
4. Substituted vide Orissa Act No. 24 of 1968.
6. Substituted vide Orissa Act No. 7 of 1994 (O.G.E. No. 427 dt. 18.4.1994).
7. Substituted vide Orissa Act No. 24 of 1961.
7[* * *]
7. Substituted vide Orissa Act No. 24 of 1961.
7[* * *]
7. Substituted vide Orissa Act No. 24 of 1961.
(1) All moneys received by a Samiti shall constitute a fund called the "Panchayat Samiti Fund". The fund shall vest in the Samiti and shall be applied for the purposes specified in this Act and for such other purposes and in such manner as may be prescribed.
7[(2) The Block Development Officer shall, subject to the control of the Government remain in charge of the Panchayat Samiti Fund and shall subject to such rules as may be prescribed administer the same in accordance with the decision of the Samiti.
(3) All moneys received by the Samiti shall be lodged in the nearest Government Treasury or with the sanction of the Government in any Bank approved by them.
3. Omitted vide Orissa Act No. 1 of 1968.
7. Substituted vide Orissa Act No. 24 of 1961.
(1) The sources of income of a Panchayat Samiti shall consist of -
(i) funds relating to institutions and schemes transferred by the Government or Heads of Departments of the Government of the Panchayat Samiti;
(ii) funds relating to the Community Development Programme;
(iii) Central and State-aid and aid received from the All-India Bodies and institutions for the development of cottage and village industries, khadi, silk, coir handicrafts and the like;
(iv) donations and contributions received by the Samiti from Panchayats,. or from the public in any form;
(v) such share of the land-revenue, State taxes or fees as may be prescribed;
(vi) proceeds from taxes,
The accounts of 4[* * *] the Samiti shall be maintained and published in the prescribed manner.
4. Omitted vide Orissa Act No. 1 of 1968.
(1) The provisions of the Orissa Local Fund Audit Act, 1948 shall apply in regard to the audit of 4[* * *] Panchayat Samiti Funds.
(2) Notwithstanding anything contained in the aforesaid Act, for the purposes thereof, the Government may by notification appoint all Officer of Government to be the Examiner of Local Accounts and such number of Deputy or Assistant Examiners of Local Accounts as they may consider necessary to exercise such powers and discharge such functions of the Examiner as may be assigned to them by Government. The Examiner so appointed may, with the approval of the Government, appoint such number of auditors as he may deem necessary.
4. Omitted vide Orissa Act No. 1 of 1968.
5. Substituted by ibid.
(1) It shall be the duty of the Finance Commission to review the financial position of Samitis and to make recommendations to the Governor as required under Article 243-I of the Constitution.
(2) The Finance Commission may, for the purpose of maintaining sound financial position of Samitis, make such recommendations including measures needed 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 Legislative Assembly.
1. Substituted vide Orissa Act No. 7 of 1994 (O.G.E. No. 427 dt. 18.4.1994).
(1) On the coming into force of this Act in any district all properties and institutions within the district that remained with the District Board and the fund belonging to such Board shall vest in and belong to and the liabilities of such board shall be taken over by the Government. All such properties and institutions shall be under the direction, management and control of the Government :
Provided that all such properties and institutions of a District Board which have been transferred either wholly or only for management to any Department of Government before the date of commencement of this Act shall be deemed to have been duty transferred under the provisions of this Act and to have wholly vested in the Government.
(2) It shall be lawful for the Government from time to time to direct that any property or institution belonging to
(1) All sums due to the District Board on account of rates, taxes fees and other levies imposed by it including the arrears thereof and all other sums otherwise due to the Board on the date of repeal of the enactments specified in the Schedule may be recovered by the Government as though such sums were dues of Government.
(2) The dues specified above shall, without prejudice to any other mode of recovery, be recoverable as arrears of land revenue.
It shall be the duty of the Government 2[Director, the District Panchayat Officer appointed by the Government and such officers or authorities as the Government may authorise] to see that the proceedings of the Samitis are in conformity with the provisions of this Act and the rules made there under and that the implementation of the decisions taken therein and all actions taken by the Samitis for carrying out the provisions of this Act and the rules made there under are free from fraud, misappropriation embezzlement and other criminal hearings.
1. Substituted vide Orissa Act No. 19 of 1972.
2. Substituted vide Orissa Act No. 5 of 2001.
The 2[Director, Collector, District Panchayat Officer appointed by the Government] or any officer or person whom the Government may empower in this behalf may at all times enter on and inspect or cause to be entered on and inspected-
(a) any immovable property, or any work in progress, under the control of any 3[* * *] Samiti;
(b) any school, hospital, dispensary, vaccination station, choultry, dharmasalas or other institutions maintained by or under the control of, any 3[* * *] Samiti and any records, registers or other documents kept in such institution; and
(c) the office of any 3[* * *] Samiti and any records, registers or other documents kept therein.
2. Substituted vide Orissa Act No. 5 of 2001.
3.
Subject to such rules as may be made in that behalf 1[the Samiti] and its Chairman and employees shall at all reasonable times be bound to afford to the officers and persons referred to in Sections 34 and 35 such access to the property or premises of the 3[* * *] Samiti and to all documents as may in the opinion of such officers or persons be necessary to enable them to discharge their duties under the said sections.
1. Substituted vide Orissa Act No. 19 of 1972.
3. Omitted vide Orissa Act No. 1 of 1972.
The 2[Director, Collector, District Panchayat Officer appointed by the Government] 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 any Samiti;
(b) require any 3[* * *] Samiti 4[or its Chairman] to furnish any return, plain, estimate, statement, account or statistics;
(c) require any 3[* * *] Samiti 4[or its Chairman] to furnish any information or report on any matter connected with such Samiti; and
(d) record in writing for the consideration of any 1[* * *] Samiti 5[or its Chairman] any observations 2[* * *] in regard to its proceedings or duties.
2. Substituted vide Orissa Act No.
(1) The Government may, by order in writing cancel any resolution or order passed by a 4[* * *] Samiti or by any of the authorities 3[of such Samiti] 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
(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 :
5[Provided that nothing in this sub-section shall apply to a resolution passed under Section 46-B.]
(2) The Government shall, before taking action under Sub-section (1) give the 6[Samiti] an opportunity for explanation.
6[(3) If in the opinion
(1) In case of emergency the Collector of the district 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 Samiti or its Chairman 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 expense of executing such work or doing such act shall be paid out of the fund of the Samiti.
(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 Samiti admit, be bound to comply with such order.
(1) If at any time, it appears to the Government that a 7[* * *] Samiti or its Chairman 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 person 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 1[* * *] Samiti 1[* * *].
(3) If expenses which the Government have directed under Sub-section (2), to be paid from the Fund are not so paid the Collector of the district with the 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
(1) If in the opinion of the Government the Chairman 2[the Vice-Chairman or any member elected under Clause (h) of Sub-section (1) of Section 16 or nominated under Section 45-C] of the 1[* * *] Samiti 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 powers vested in him and Government are satisfied that further continuance of such person in office would be detrimental to the interest of the 1[* * *] Samiti they may, by order, published in the prescribed manner, remove such Chairman, 3[Vice-Chairman or member, as the case may be,] from office :
Provided that no such order for removal shall be made without giving the person concerned a reasonable opportunity of being heard.
(2) No person removed from the office of Chairman, 3[Vice-Cha
(1) Where any proceeding which was initiated under Section 40-A against any person holding office as the Chairman, the Vice-Chairman or an elected member of a Samiti could not be finalised due to the vacation of the offices by the Chairman, Vice-Chairman or the elected member, as the case may be, by resignation or otherwise and the said person is found to be holding office as the Chairman, the Vice-Chairman or an elected member of that Samiti during the term in which he so vacated or during the succeeding term the State Government may direct revival of the said proceedings, whereupon the said proceedings shall be proceeded with from the stage it had reached by the date of vacation of the office by the Chairman, the Vice-Chairman or the elected member, as the case may be, and disposed of in accordance with the provisions of the said section.
1[* * *]
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-(1) If in the opinion of the Government a 2[* * *] Samiti is not competent to perform or persistently makes default in performing the duties imposed on it by law or exceeds or abuses its powers they may by notification published in the prescribed manner, direct that 2[* * *] Samiti be dissolved 2[* * *].
3[* * *]
(2) Before publishing a notification under Sub-section (1) the Government shall communicate to the 2[* * *] Samiti the grounds on which they propose to do so, fix a reasonable period for the 2[* * *] Samiti to show cause against the proposal and consider the explanation and objections, if any, of such 2[* * *] Samiti.
(3) Upon the publication of such a notification all the members of the 2[* * *] Samiti including its Chairman shall forthwith be deemed to have vacated their office
(1) If after the fresh election held under the last preceding section the 2[* * *] Samiti continues to be incompetent to perform or abuse its powers for all or any of the reasons specified in Sub-section (1) of Section 41, the Government may by notification published in the prescribed manner, supersede it for a specified period 6[and may in like manner by stating reasons therefor, extend such period from time to time so that the total period of supersession does not exceed 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 41.
(3) The supersession of a 1[* * *] Samiti shall, if 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 1[* * *] Samiti i
When a 1[* * *] Samiti is dissolved under Section 41 or superseded under Section 42 the Government until the date of the reconstitution thereof and the reconstituted 1[* * *] Samiti thereafter shall be entitled to all the assets and be subject to all the liabilities of the 1[* * *] Samiti as on the date of dissolution or supersession and on the date of reconstitution respectively.
1. Omitted vide Orissa Act No. 1 of 1968.
When the Collector of the District or person appointed by the Government lawfully takes action on behalf, or in default, of a 1[* * *] Samiti 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 1[* * *] Samiti or its employees whose powers he is exercising and compensation shall be recoverable from the Fund of the 1[* * *] Samiti by any person suffering damage from the exercise of such powers to the same extent as if the action had been taken by such 1[* * *] Samiti or its employees.
1. Omitted vide Orissa Act No. 1 of 1968.
No election of a person as a member of Samiti 3[* * *] held under this Act shall be called in question except by an election petition presented in accordance with the provisions of this chapter :
CASE LAWS :
Sec. 44-A and 44-B - An election petition may be presented challenging the election of a Chairman of a Panchayat Samiti by any candidate for the post of Chairman - The Chairman whose election is questioned is to be arrayed as an opposite party to the petition - If some other candidate is to be declared elected as Chairman, every unsuccessful candidate who has polled more votes than the person whose election is questioned, shall also be arrayed as an O.P. in the election petition : Bishnu Prasad Das v. Election Officer-cum-Block Development Officer and others : 2003 (Supp.) OLR 651 : 2003 AIHC 4475 (Ori.).
-(1) The petition shall be presented on one or more of the grounds specified in Section 44-L before the 1[Civil Judge (Senior Division)] having jurisdiction over the place at which the office of the Samiti is situated] together with a deposit of 2[two hundred rupees] as security for costs within fifteen days after the day on which the result of the election was announced :
Provided that if the office of the 1[Civil Judge (Senior Division)] is closed on the last day of the period of limitation as aforesaid the petition may be presented on the next day on which such office is open :
Provided further that if the petitioner satisfies the 1[Civil Judge (Senior Division)] that sufficient cause existed for the failure to present the petition within the period aforesaid the 1[Civil Judge (Senior Division)] may in his discretion condone such fa
1[(1) An election petition may be presented by any candidate as such election. 2[* * *]
(2) A person whose election is questioned and where the petition is to the effect that any other candidate is to be declared elected in place of such person, every unsuccessful candidate who has polled more votes than such candidate shall be made opposite party to the petition.
1. Substituted vide Orissa Act No. 19 of 1972.
2. Omitted vide Orissa Act No. 7 of 1994 (O.G.E. No. 427 dt. 18.4.1994).
(1) An election petition-
(a) shall contain a concise statement of the material facts on which the petitioner relies;
(b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and
(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908) for the verification of pleadings.
(2) Any Schedule or Annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.
CASE LAW :
Civil Proce
A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.
)]-(1) Subject to the provisions of this Act and of any rules made thereunder every election petition shall be tried by the 1[Civil Judge (Senior Division)] as nearly may be in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908) to the trial of suits.
(2) The 1[Civil Judge (Senior Division)] shall not be required to record or to have the evidence recorded in full but shall make a memorandum of the evidence sufficient in his opinion for the purpose of deciding the case.
(3) The 1[Civil Judge (Senior Division)] for the purpose of deciding any issue, shall receive so much evidence, oral or documentary, as he considers necessary and may require the production of any evidence.
(4) The 1[Civil Judge (Senior Division)] may at any stage of the proceedings, r
Any appearance, application or act before the 1[Civil Judge (Senior Division)] may be made or done by the party in person or by a Pleader duly appointed to act on his behalf :
Provided that it shall be open to the 1[Civil Judge (Senior Division)] to direct any party to appear in person whenever the 1[Civil Judge (Senior Division)] considers it necessary.
1. Substituted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dt. 7.9.2001).
The 1[Civil Judge (Senior Division)] shall have the powers which are vested in a Court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit in respect of the following matters, namely :
(a) discovery and inspection;
(b) enforcing the attendance of witnesses and requiring the deposit of their expenses;
(c) compelling the production of documents;
(d) examining witnesses on oath;
(e) granting adjournments;
(f) reception of evidence taken on affidavit ; and
(g) issuing commissions for the examination of witnesses,
and may summon and examine suo motu any perso
(1) When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election :
Provided that the returned candidate or such other party as aforesaid shall not be entitled to give such evidence unless he has, within fourteen days from the date of commencement of the trial, given notice to the 1[Civil Judge (Senior Division)] of his intention to do so and has also given the security and the further security referred to in Sections 44-B and 44-F, respectively.
(2) Every notice referred to in Sub-section (1) shall be accompanied by the statement and particu
(1) If the 1[Civil Judge (Senior Division)], after making such enquiry, as he deems necessary finds in respect of any person whose election is called in question by a petition that his election was valid, he shall dismiss the petition as against such person and may award costs at his discretion.
(2) If the 1[Civil Judge (Senior Division)] finds that the election of any, person was invalid, it shall either-
(a) declare a casual vacancy to have been created ; or
(b) declare another candidate to have been duly elected;
whichever course appears in the circumstances of the case, to be more appropriate and in either case, may award costs at his discretion.
(3) In the event of the 1[Civil Judge (Senior Divisio
At the time of making an order under Section 44-J the 1[Civil Judge (Senior Division)] shall also make an order-
(a) declaring any candidate found to have committed any corrupt practice to be disqualified for any period not exceeding five years for being elected as a member of the 3[* * *] Samiti 3[* * *] or for being appointed to or retained in any office or employment in the 3[* * *] Samiti; and
(b) fixing the total amount of cost payable and specifying the persons by and to whom costs shall be paid.
1. Substituted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dt. 7.9.2001).
3. Omitted vide Orissa Act No. 1 of 1968.
-(1) The 1[Civil Judge (Senior Division)] shall declare the election of a returned candidate void, if he is of the opinion-
(a) that such person committed during or in respect of the election proceedings a corrupt practice as specified in Section 44-N;
(b) that such person was declared to be elected by reason of the improper rejection or admission of one or more votes of for any other reason was not duly elected by a majority of lawful votes;
(c) that such person disqualified for election under the provisions of this Act. 4[* * *];
(d) that any nomination paper has been improperly 5[rejected or];
6[(e) that there has been any non-compliance with, or breach of any of the provisions of this Act or the rules
If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate claimed a declaration that he himself or any other candidate, has been duly elected and the 1[Civil Judge (Senior Division)] is of opinion-
(a) that in fact the petitioner or such other candidate received a majority of the valid votes ; or
(b) that but for the votes obtained by the returned candidate by a corrupt practice the petitioner or such other candidate would have obtained a majority of the valid votes;
the 1[Civil Judge (Senior Division)] shall alter declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected.
1. Substituted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dt
The following shall be deemed to be corrupt practices for the purposes of this Chapter, namely :
(1) bribery, that is to say, any gift, offer or promise by a candidate or by any other person on his behalf or any gratification to any person whomsoever-
(i) with the object, directly or indirectly of including-
(a) a person to stand or not to stand as or to withdraw from being a candidate, or to retire from contest at such election; or
(b) an elector to vote or refrain from voting at such election, or
(ii) as a reward to-
(a) a person for standing or refraining from standing as a candidate, or for having withdrawn his candidate or for having retired from contest;
1[(1)] The petitioner may, at any time withdraw the election petition filed by him on payment to the respondent such cost as he might have incurred or such portion thereof as the 2[Civil Judge (Senior Division)] may direct :
Provided that if there are more petitioners than one, on application to withdraw the election petition shall be made except with the consent of all the petitioner.
1[(2) No application to withdraw an election petition shall be granted if, in the opinion of the 2[Civil Judge (Senior Division)], such application has been included by any bargain or consideration which ought not to be allowed.
(3) If the application is granted-
(a) the 2[Civil Judge (Senior Division)] shall direct that the notice of withdrawal shall be published i
1[(1)] An election petition shall abate only on the death of petitioner or where there are more than one petitioners on the death of all the petitioners and such abatement shall be communicated to the concerned 3[* * *] Block Development Officer by the 2[Civil Judge (Senior Division)].
4[(2) Where the election petition abates under Sub-section (1) the 2[Civil Judge (Senior Division)] shall cause the fact to be published in such manner as he may deem fit.
(3) Any person who might himself have been petitioner may, within fourteen days of such publication, apply to be substituted as petitioner and upon compliance with the conditions, if any, as to security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the 2[Civil Judge (Senior Division)] may deem fit.]
&
Any person aggrieved by an order passed by the 2[Civil Judge (Senior Division)] under Sub-section (1) or Sub-section (2) of Section 44-J may, within such period as may be prescribed, prefer an appeal before the District Judge having jurisdiction.]
2. Substituted vide Orissa Act No. 12 of 2001 (O.G.E.No. 1651 dt. 7.9.2001).
4. Inserted vide Orissa Act No. 19 of 1972.
5[(1) A person shall not be eligible to stand for election 6[under Sub-section (1) 7[* * *] of Section 16] if he-
(a) 1[* * *]
2[(b) is not ordinarily residing within the Block; or
(c) is of unsound mind; or
(d) is an applicant to be adjudicated as an insolvent or is an undischarged insolvent; or
(e) is a deaf-mute or is suffering from leprosy or tuberculosis; or
(f) is convicted of an election offence under any law for the time being in force; or
(g) is not a citizen of India; or
(h) is convicted for an offence involving moral turpitude; or
&nbs
No person shall be eligible to stand for election under Section 16 for more than one Samiti.
4. Substituted vide Orissa Act No. 1 of 1968.
(1) Whenever it is alleged that any member of a 5[* * *] Samiti 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 Chairman at the request of 5[* * *] the Samiti 5[* * *] shall, apply to the District Judge, having jurisdiction over the place where the office of the 2[* * *] Samiti 2[* * *] is situated, for a decision on the allegation or doubt.
(2) The District Judge, 1[after holding an enquiry in the prescribed manner] shall determine whether or not such member is or 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.
CASE LAWS:
Sec.
3[(1)] If for any reason whatsoever any of the electorates fails to return a candidate in accordance with any of the provisions of this Act, 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 at such fresh election the State Government shall nominate a person who is otherwise eligible to be elected and the person so nominated shall, subject to the provision of Sub-section (2) of Section 45 be deemed to have been validly and properly elected.]
4[(2) Where the seat of any member is reserved under Sub-section (2) of Section 16 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 recommendation being made to that effect by t
5[* * *]
5. Omitted vide Orissa Act No. 1 of 1968.
The Chairman, Vice-Chairman or any member of the 5[* * *] Samiti may resign his office as such Chairman, Vice-Chairman or member by giving notice in writing 5[* * *] to the Samiti. Except in a case where the person resigning delivers the notice of resignation personally to 5[* * *] the Block Development Officer, such officer shall on receipt of a notice of resignation, obtain 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.
5. Omitted vide Orissa Act No. 1 of 1968.
6. Substituted vide Orissa Act No. 5 of 1993 (O.G.E. No. 438 dt. 26.3.1993).
In the case of dissolution or supersession of a Grama Panchayat, the Collector shall nominate a person, who is otherwise eligible to be elected as a member of such Grama Panchayat, to represent the Grama Panchayat in the Samiti, during the period of such dissolution or supersession, as the case may be, and the person so nominated shall, for all purposes, be deemed to be a member of the Samiti.
1. Inserted vide Orissa Act No. 5 of 1993.
(1) Where at a meeting of the 2[* * *] Samiti specially convened in that behalf a resolution is passed, supported by a majority of 3[not less than two-thirds of] the total number of members having a right to vote, recording want of confidence in the Chairman or Vice-Chairman of such 2[* * *] Samiti the resolution shall forthwith be published by such authority and In such manner as may be prescribed and with effect from the date of such publication the Chairman or Vice-Chairman, 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 followed, 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 t
1[* * *]
1. Omitted vide Orissa Act No. 18 of 1991 (O.G.E. No. 792 dt. 4.7.1991).
1[* * *]
1. Omitted vide Orissa Act No. 18 of 1991 (O.G.E. No. 792 dt. 4.7.1991).
-(1) If the elected member of the Samiti ceases to be a member by reason of his death, resignation or otherwise the vacancy so caused shall be filled up, so far as may be, in the manner provided 3[under Clause (b) of Sub-section (1)] of Section 16 and the member so elected shall hold office for the unexpired term of the member in whose place he has been elected.]
4[(2) If the Chairman 5[or the Vice-Chairman] of the 6[* * *] Samiti ceases to be such Chairman by reason of his resignation or otherwise the vacancy so caused shall be filled up, so far as may be, in the manner provided 4[under Sub-section (3) of Section 16] 7[and the person filling up such vacancy shall hold office for the unexpired term of the Chairman 5[or, as the case may be, Vice-Chairman], in whose place he has been elected.]
8[(3) Notwithstanding anything contained in
No act or proceeding of the 6[* * *] Samiti shall be questioned 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.
6. Omitted vide Orissa Act No. 1 of 1968.
(1) Every Samiti unless sooner dissolved or superseded under this Act, shall continue for five years from the date appointed for its first meeting referred to in Clause (a) of Sub-section (3) of Section 16, and no longer :
Provided that a Samiti constituted on the dissolution or supersession of a Samiti before the expiration of its duration shall continue only for the remainder of the period for which the dissolved or, as the case may be, superseded Samiti would have continued under this sub-section had it not been dissolved or, as the case may be, superseded.
(2) An election to constitute a Samiti shall be completed-
(a) before the expiry of its duration specified in Sub-section (1), or
(b) where a Samiti is dissolved or superseded before the exp
(1) No 1[* * *] member of a 2[* * *] Samiti shall receive or be paid any salary or other remuneration for services rendered by him in any capacity whatsover except with the sanction of the Government but shall be allowed travelling allowance for such purpose and at such rates as may be prescribed.
3[(2) The members of the Samiti including the Chairman and Vice-Chairman shall be paid such sitting fee or daily allowance or both for every meeting they attend as the Government may, by notification from time to time, determine and all such fees and allowances shall be paid from out of the Panchayat Samiti Fund.]
1. Omitted vide Orissa Act No. 7 of 1994 (O.G.E. No. 427 dt. 18.4.1994).
2. Omitted vide Orissa Act No. 1 of 1968.
3. Substituted vide Orissa A
(1) Notwithstanding anything contained in any law, rule, order or contract in force on the date of constitution of a 2[* * *] Samiti the Government may direct that the employees of any District Board, shall be appointed under the 2[* * *] Samiti or the Government according to their qualification and nature of duties assigned to them in the said Board and thereupon soon employees shall cease to be employed of the said District Board and they shall become employees of the 2[* * *] Samiti or the Government, as the case may be such employee shall, as far as practicable, be appointed to posts of a grade or class similar to the one they were holding previously.
(2) The appointment under Sub-section (1) shall be deemed to be a continuation of service of the employee and he shall be entitled to the benefits of his previous service as regards leave or provident fund, which accrued to him,
(1) The Chairman, the Vice-Chairman and the employees of the Samiti shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (45 of 1860).
(2) The employees of the Samiti shall be governed by the Orissa Government Servants' Conduct Rules, 1959.
4. Substituted vide Orissa Act No. 19 of 1972.
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.
No suit or other legal proceedings, shall be instituted against any 2[* * *] Samiti or the Chairman, 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 at the office of -
(a) in the case of a suit or proceeding against the 1[* * *] Samiti, the Chairman; and
(b) in the case of a suit or proceeding against the Chairman member or employee, delivered to them or left at their office 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.
2. Omitted vide Orissa Act No. 1 of
-(1) The Government may, either suo motu or on an application from any person interested, call for and examine the record of a 1[* * *] Samiti in respect of any proceeding 3[(including any proceeding under Section 46-B)] 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
The Government may, by notification, delegate all or any of their powers under this Act except those conferred upon them by Sections 20, 38, 41, 42, 47, 57, 57-A and 58 to any person or authority subordinate to them and may in like manner withdraw any power so delegated. The exercise of any powers delegated under this section shall be subject to such restrictions, limitations and conditions and to such control and revision by such authority as may be specified in the notification.
No suit or proceeding referred to in Section 54 shall, unless it be a suit or 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.
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.
-(1) The Government may after previous publication make rules consistent with the provisions of this Act to carry out all or any of the purposes of this Act and prescribe forms for any matter for which they consider that a form should be provided.
(2) In particular and without prejudice to the generality of the foregoing power, 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 Samiti;
(ii) regulating the duties, functions and powers of a Samiti;
(iii) generally determining the relations between Grama Panchayats and Samitis and for the guidance of Samitis in all matters connected with the carrying out of the provisions of this Act;
&nb
3[(1) Subject to such rules as may be made, a Samiti may, with the approval of the Collector, 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 of bye laws under this section, the publication thereof and the date on which they shall come into effect.]
2. Inserted vide Orissa Act No. 24 of 1961.
3. Substituted vide Orissa Act No. 1 of 1968.
(1) The Government may from time to time with a view to ensure the proper functioning of the 5[* * *] Samitis and the proper implementation of the provisions of this Act issue such administrative orders, direction and instructions as they deem fit not inconsistent with the aforesaid provisions and the rules made thereunder for the guidance of the 5[* * *] Samitis.
(2) Without prejudice to the provisions of the 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, do anything which appears to them necessary for the purpose of removing the doubt or difficulty.]
4. Substituted vide Orissa Act No. 24 of 1961.
5. Omitted vide Orissa Act No. 1 of 1968.
2[* * *]
1. Inserted vide Orissa Act No. 24 of 1961.
2. Substituted vide Orissa Act No. 1 of 1968.
-(1) Every Samiti with its members, Chairman and Vice-Chairman as an the date of its first constitution shall be deemed to have been legally and validly constituted and shall be deemed to have been vested with all powers, functions and duties under this Act fully and effectively notwithstanding the deficiency, defect, illegality or irregularity, if any-
(a) in such constitution, or the nomination, election or appointment, as the case may be, of such members, Chairman or Vice-Chairman or in any of the proceeding relating thereto; or
(b) in any of the provisions of, or in relation to any of the rules, orders, notices or notifications made or issued or purporting to have been so made or issued under this Act or any action, taken or things done or purporting to have been so taken or done in pursuance of the said provisions; or
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