Orissa Grama Panchayats Act, 1964
(1) This Act may be called the Orissa Grama Panchayats Act, 1964.
(2) It shall extend to the whole of the State of Orissa :
Provided that it shall not apply to any area which has been or may be constituted hereafter as a Municipality 2[* * *] under the provisions of the Orissa Municipal Act, 1950 (Orissa Act 23 of 1950) :
Provided further that when any local area is excluded from a Municipality 2[* * *] under the provisions of the said Municipal Act, the provisions of this Act shall apply to such area.
(3) It shall come into force at once.
3[(4)* * *]
1.Substituted vide Orissa Gazette Ext. No. 426/18.4.1994-Notfn. No. 6139-Legis./18.4.1994.
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In this Act, unless the context otherwise requires-
(a)"Assembly constituency" shall have the same meaning as has been assigned to it in the Representation of the People Act, 1950 (43 of 1950);
4[(a-1)"Auditor" means an Auditor appointed under Clause (a) of Sub-section (3) of Section 100; ]
5[(b)"Block" means a Block notified under Section 15 of the Orissa Panchayat Samiti Act, 1959 (Orissa Act 7 of 1960);]
(c)"Building" includes a hut, shed, house, shop, ware-house, workshop or other roofed structure for whatsoever purpose and of whatever material constructed but does not include a tent or other portable or temporary shelter;
(d)"Collector" and "Sub-divisional Officer" with reference to a Grama Sasan res
-(1) The State Government may for the purposes of this Act by declaration notified in the Gazette constitute any village or group of contiguous villages as a Grama and assign to such Grama, a name which shall be of one of the villages comprised within the Grama.
Explanation-Village intervened only by forest areas, hills, streams, rivers and such other natural barriers, and lands not forming part of any village may be treated as contiguous villages :
1[Provided that in the Scheduled Areas, a Grama shall ordinarily consist of a habitation or group of habitations, a hamlet or a group of hamlets comprising a community or communities and managing its affairs in accordance with traditions and customs.]
(2) Wherever the State Government deem it fit so to do they may cancelany notification in respect
(1) For every Grama there shall be a Grama Sasan which shall be composed of all persons registered by virtue of the Representation of the People Act, 1950 (43 of 1950) in so much of the electoral roll for any Assembly Constituency for the time being in force as relates to the Grama 1[and unless the Election Commission directs otherwise,the said portion] of the roll shall be deemed to be the electoral roll in respect of the Grama.
(2) The Grama Sasan shall be a body corporate by the name of the Grama to which it relates, having perpetual succession and common seal, with power, subject to the provisions of this Act and the rules made thereunder, to acquire, hold and dispose of property and to contract and may by the said name sue and be sued.
(3) The office and headquarters of the Grama Sasan shall be situated within the limits of the Gram
(1) There shall be at least two meetings one in February and the other in June every year of the members of the Grama Sasan and such other meetings as may be prescribed.
(2) (a) The quorum for the meetings of the Grama Sasan (hereinafter referred to as 'the Grama Sabha') shall be one-tenth of the members of the Grama Sasan.
(b) In the event of there being no quorum at any Grama Sabha it shall stand adjourned to a future day of which notice shall be given in the prescribed manner and no quorum shall be necessary for any such adjourned meeting.
1[(3) The Grama Sasan shall have the power to -
(a)approve the plans, programmes and projects for social and economic development before such plans, programmes and projects are taken up for implementation by th
(1) For every village within the Grama, there shall be constituted by the State Government a Palli Sabha, provided that where the area comprised within a ward constituted for the Grama under Section 8 consist of more than one village there shall be only one Palli Sabha for such ward.
(2) Each Palli Sabha shall consist of all persons registered by virtue of the Representation of the People Act, 1950 in so much of the electoral roll for any Assembly Constituency for the time being in force as relates to the area in respect of the Palli Sabha and the said portion of the roll shall be deemed to be electoral roll of the Palli Sabha.
(3) The Palli Sabha shall meet annually in February every year and may also meet at other times in the manner prescribed.
(4) The person representing the Palli Sabha ar
There shall be for every Grama Sasan a Grama Panchayat as hereinafter constituted which shall be the executive authority of the Grama Sasan.
-(1) As soon as may be after the constitution of a Grama the Collector shall for the purpose of constitution of the Grama Panchayat determine the number of wards into which the Grama is to be divided and the extent of each such ward and shall prepare a statement showing the number of wards and the extent of each ward which shall be published by him in the prescribed manner for the prescribed period inviting objections from the persons interested to be filed within the said period :
1[Provided that-
(i)the determination of the number of such wards shall be subject to the provisions in Article 243-C of the Constitution; 2[* * *]
(ii)the total number of wards in any Grama shall not be less than eleven and more than 3[twenty-five; and]
4[(iii)the popula
-(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Grama Panchayats shall be vested in the Election Commission.
(2) Unless the Election Commission, by order published in the Gazette directs otherwise, so much of the electoral roll for any Assembly Constituency for the time being in force as relates to the area comprised within a ward shall be entered in a register to be maintained for the ward and such register shall, subject to such revision or updating as may be necessary, be deemed to be the electoral roll for the ward for the purposes of this Act.]
CASE LAW :
Sec. 9(2) - Orissa Grama Panchayat Rules, 1965 - Rules 4, 5, 6 and 8 - Name from Electoral roll deleted - Preparation of Electoral rolls - Procedure ther
-(1) Every Grama Panchayat shall be composed of the following members, namely :
(a)a member to be elected by the persons referred to in Sub-section (1) of Section 4 from amongst themselves who shall be the Sarpanch; and
(b)a member to be elected from each of the wards by the persons on the electoral roll for the ward from amongst themselves;
1[(c) * * *]
(2) There shall be a Naib-Sarpanch in respect of every Grama Panchayat to be elected in accordance with the provisions of Section 14.
2[(3) (a) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Grama Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of se
Notwithstanding anything in Section 10 no member of a Grama Sasan shall be eligible to stand for election-
(a)as a Sarpanch if he-
(i)is a candidate for election [* * *] as a member of the Grama Panchayat in respect of any ward; or
(ii)[* * *]
(iii)is a candidate for election or holds office as a Sarpanch of any other Grama Panchayat;
(b)as a Sarpanch or Naib-Sarpanch, if he has not attained the age of twenty-one years or is unable to read and write Oriya;
2[(c) as a member-
(i)for more than one ward in the Grama or for more than one Grama Panchayat ; or
(ii)if he is unabl
(1) A general election of the members of a Grama Panchayat shall be 1[completed] for the purpose of constituting a new Grama Panchayat under Section 7 or on the dissolution or supersession of a Grama Panchayat :
2[Provided that in the case of dissolution or supersession of a Grama Panchayat, the reconstitution within six months from the date of such dissolution or supersession, as the case may be :
Provided further that it shall not be necessary to reconstitute a. Grama Panchayat where the Grama Panchayat is dissolved or superseded during the last six months of its term.]
(2) A general election shall also be held for the purpose of reconstituting a Grama Panchayat 1[before the expiry of its term specified in Sub-section (2) of Section 17].
3[(3) & (4) * * *].
2(1) If for any reason whatsoever the concerned electorate fails to return a Sarpanch, or a Naib-Sarpanch, or any other member a fresh election shall be held for the purpose; and if at such fresh election no person is elected the Sub-Divisional Officer shall nominate a person eligible for election to such office to be the Sarpanch, Naib-Sarpanch or such other member, as the case may be, who shall on being so nominated be deemed to have been duly elected.
1[(2) Where the office of the Sarpanch or the seat of any member is reserved under Section 10 for any particular category and the Sub-Collector fails to nominate under Sub-section (1) a person to such office or seat, as the case may be, for non-availability of an eligible person belonging to that category, such office or seat shall, on recommendation being made to that effect by the Sub-Collector, be de-reserved by the Collector af
(1) As soon as may be after the publication under Section 15 of the names of the members elected at a general election such members shall at the first meeting of the Grama Panchayat specially convened in that behalf elect in the prescribed manner from among themselves a Naib-Sarpanch :
3[* * *]
4[Provided 3[* * *] that in the case of every Grama Panchayat, the Sarpanch elected under Clause (a) of Sub-Section (1) of Section 10 or nominated under Section 13 is not a woman, the office of the Naib-Sarpanch in respect of that Grama Panchayat shall be deemed to have been reserved for women.]
(2) No election of a Naib-Sarpanch shall be made unless a majority of the members of the Grama Panchayat be present at the meeting held under Sub-section (1).
(3) No
Subject to the rules, if any, made in that behalf the names of all persons elected or nominated as Sarpanch, Naib-Sarpanch or any other member of the Grama Panchayat shall, as soon as may be after such election or nomination, be published by the prescribed authority in such manner as may be prescribed :
1[Provided that if the prescribed authority is satisfied that the majority of members including the Sarpanch of the Grama Panchayat have been duly returned, he shall publish the names of such members, without awaiting for the result of election whether conducted or not of the remaining members.]
CASE LAWS :
Secs. 15, 30 & 31 - Orissa Gram Panchayats Election Rules, 1965 - Rule 92E - Publication of election results under Section 15 in terms of Section 31 operates as the starting point of limitat
In the case of a vacancy in the office of a Sarpanch or Naib-Sarpanch or any other member of a Grama Panchayat occurring otherwise, than by efflux of time or dissolution or supersession of the Grama Panchayat the Sarpanch or the Naib-Sarpanch, as the case may be, shall forthwith report the fact to the Sub-Divisional Officer 2[who shall intimate such vacancy to the Election Commission without any delay and shall conduct an election on such date as the Election Commission may direct] to fill up the vacancy in accordance with the provisions of this Act and the rules made thereunder.
3[Provided that if such a vacancy occurs during the last six months of the term of office of the Grama Panchayat, it shall not be necessary to hold any election to fill up such vacancy, in which case, the vacancy shall be left unfilled until the next General Election of the Grama Panchayat.]
3.Inserted
4[(1) Any person elected as a Sarpanch or Naib-Sarpanch or any other member of a Grama Panchayat shall be deemed to have entered office as such Sarpanch or Naib-Sarpanch or such other member, as the case may be, on the date of the first meeting of the Grama Panchayat as referred to in Sub-section (1) of Section 14 which shall be held within a period not exceeding thirty days from the date of 4[first publication of names of members] under Section 15 and the term of office of all such .persons shall expire with the term of the Grama Panchayat.
1[(2) Every Grama Panchayat, unless sooner dissolved or superseded, shall continue for five years from the date appointed for its first meeting referred to in Sub-section (1) of Section 14 and no longer :
Provided that a Grama Panchayat constituted on the dissolution or supersession of a Grama Pancha
(1) The office of the members of the Grama Panchayat shall be honorary.
2[(2) The members of the Grama Panchayat including the Sarpanch and Naib-Sarpanch shall be paid such sitting fee for every meeting they attend and such travelling and daily allowances 1[as the State Government may, by notification, determine] and all such fees and allowances shall be paid from out of the Grama Fund.]
2.Substituted vide Orissa Act No. 23 of 1987.
-(1) Save as otherwise expressly provided by or under this Act, the executive powers of the Grama Panchayat for the purpose of carrying out the provisions of this Act, shall be exercised by the Sarpanch, who shall act under the authority of the said Grama Panchayat.
(2) Without prejudice to the generality of the provisions of Sub-section (1) the Sarpanch shall, save as otherwise provided in this Act, or the rules made thereunder and subject to such general or special orders as may be issued from time to time by the State Government in that behalf-
(a)convene and preside over the meetings of the Grama Panchayat and conduct, regulate and be responsible for the proper maintenance of the records of the proceeding of the said meetings;
(b)execute documents relating to contracts on behalf of the Gra
If in the opinion of the Sarpanch any decision of Grama Panchayat-
(a)is subversive of peace and order in the locality; or
(b)results or is likely to result in any manifest injustice or unfairness to an individual or body of individuals or a particular community; or
(c)is likely to cause obstruction, annoyance or injury to the public or to any class or body of persons lawfully employed; or
(d)is likely to cause danger to human life, health or safety, or a riot or affray ; or
(e)is in contravention of the provisions of this Act, and the rules made thereunder,
he shall refer the matter to the Sub-Divisional Officer and act, according to such directions as the Sub-Divisional Officer may issue in accordan
-(1) The Naib-Sarpanch shall exercise such powers, discharge such duties and perform such functions of the Sarpanch as the Sarpanch may from time to time delegate to him in writing and the Sarpanch may in like manner withdraw any or all the powers, duties and functions as so delegated.
(2) When the office of the Sarpanch falls vacant the Naib-Sarpanch shall for all the purposes of this Act, exercise the powers, discharge the duties and perform the functions of the Sarpanch until a new Sarpanch is elected or nominated, as the case may be, to fill up the vacancy.
(3) In the absence of the Sarpanch, the Naib-Sarpanch shall preside over the meetings of the Grama Panchayat and in the absence of both at the meeting any other member of the Grama Panchayat present may be elected to preside over the meeting.
Every member of the Grama Panchayat shall, subject to the rules made in that behalf, have the right to -
(a)access during office hours to the records of the Grama Panchayat after giving due notice to the Sarpanch;
(b)move resolutions and question any office-bearer on matters connected with the administration of the Grama Panchayat; and
(c)inspect all works undertaken by the Grama Panchayat and all institutions under the direction, management or control of the Grama Panchayat and to bring to the notice of the Sarpanch the irregularities, if any, noticed during such inspection.
-(1) A member or a Naib-Sarpanch of a Grama Panchayat may resign his office as such member or Naib-Sarpanch by giving notice in writing to the Sarpanch.
(2) The Sarpanch may resign his office by giving notice in writing to the Sub-Divisional Officer.
(3) Except in a case where the person resigning delivers notice of resignation under the foregoing sub-sections personally to the Sarpanch or to the Sub-Divisional Officer, as the case may be, the Sarpanch or the Sub-Divisional Officer on receipt of such notice shall, as soon as may be, obtain confirmation from the person concerned as to its genuineness.
(4) A resignation on the basis of a notice therefor under Subsection (1) or Sub-section (2) delivered personally or confirmed as aforesaid shall take effect on and from the date on which such noti
(1) Where at a meeting of the Grama Panchayat specially convened by the Sub-divisional Officer in that behalf a resolution is passed, supported by a majority of not less than two-thirds of the total membership of the Grama Panchayat, regarding want of confidence in the Sarpanch or Naib-Sarpanch the resolution shall forthwith be forwarded by the Sub-Divisional Officer to the Collector, who shall immediately on receipt of the resolution publish the same on his notice-board and with effect from the date of such publication the member holding the office of Sarpanch or the Naib-Sarpanch, as the case may be, shall be deemed to have vacated such office.
(2) In convening a meeting under Sub-section (1) and in the conduct of business at such meeting the procedure shall be in accordance with such rules, as may be prescribed, subject however to the following provisions, namely :
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Section 24 of the Orissa Grama Panchayats Act, 1964, governs the procedure for passing a vote of no confidence against the Sarpanch or Naib-Sarpanch of a Gram Panchayat. It lays down the requisites for initiating such a motion, the process of convening the meeting, and the procedural safeguards to ensure validity and fairness.
Note: The references are based on the provided sources and case law interpretations, emphasizing the importance of procedural compliance, the mandatory nature of certain provisions, and judicial emphasis on fairness in Panchayat proceedings.
-(1) A person shall be disqualified for being elected or nominated as, a Sarpanch or any other member of the Grama Panchayat constituted under this Act, if he-
(a)is not a citizen of India ; or
(b)is not on the electoral roll in respect of the Grama or of the ward, as the case may be ; 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 tuberculosis; or in the opinion of the District Leprosy Officer is suffering from an infectious type of leprosy ; or
(f)is convicted of an election offence under any law for the time being in force ; or
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Legal Comments- "Section 25(1)(v) - Disqualification for having more than two children" - The provision disqualifies a person from being elected or nominated as Sarpanch or any other member; multiple sources confirm its operative effect and the interpretative debates around dates of birth and cut-off[Sanjukta Mallik VS Bharati Sethi - 2012 0 Supreme(Ori) 83][Jagabandhu Bank VS Kumudini Nayak - 2013 0 Supreme(Ori) 187][BANAJOSNA BARIK VS PRAFULLA BISWAL - 2010 0 Supreme(Ori) 776][SRI PRAMOD KUMAR TRIPATHY VS STATE OF ORISSA - 2009 0 Supreme(Ori) 448][MITHILA SETH VS COLLECTOR - 2011 0 Supreme(Ori) 525][MAHESWAR JENA vs MADHUSUDAN DALAI - 2026 Supreme(Online)(Ori) 489].
"Proviso to Section 25(1)(v) - transition/exception" - The proviso shields those with more than two children on the date of commencement of the 1994 amendment or within one year thereafter, unless an additional child is begotten after that period; courts have treated this as a transitional safeguard in several cases[MAHESWAR JENA vs MADHUSUDAN DALAI - 2026 Supreme(Online)(Ori) 489][MAHESWAR JENA vs MADHUSUDAN DALAI - 2026 Supreme(Online)(Ori) 489].
"Disqualification as a basis for voiding election" - Courts consistently treat Section 25(1)(v) as a ground to void elections and order fresh elections where the disqualification is proven, with the burden on the challenging party to show correct facts and dates (birth dates, cut-off date) through evidence[BANAJOSNA BARIK VS PRAFULLA BISWAL - 2010 0 Supreme(Ori) 776][BIDESHI SETHI VS MONALISA DAS - 2010 0 Supreme(Ori) 799][LABANGALATA MALLICK VS MANDAKINI MALLICK - 2010 0 Supreme(Ori) 764].
"Role of courts in evidentiary findings" - The High Court and lower courts emphasize that findings of fact about birth dates and number of children are to be borne by the record; appellate review should not disturb concurrent factual findings unless there is no evidence or a palpable irregularity[Sanjukta Mallik VS Bharati Sethi - 2012 0 Supreme(Ori) 83][BANAJOSNA BARIK VS PRAFULLA BISWAL - 2010 0 Supreme(Ori) 776].
"Election petition vs writ petition remedies" - Improper acceptance or disqualification grounds are generally the domain of an election petition under Section 39 (now referenced in accompanying materials), with writ petitions not generally a proper vehicle to challenge such ground (Article 243O considerations) except for certain jurisdictional questions[BANESWAR BISWAL VS STATE ELECTION COMMISSIONER - 1997 0 Supreme(Ori) 276][ADHIKARI RAMA CHANDRA DAS VS BHRAMARBAR NAIK - 1973 0 Supreme(Ori) 92].
"Section 25(1)(v) as part of a wider anti-population-growth policy" - Indian High Court precedent has framed the two-child norm as a statutory disqualification tied to population-control policy, with several decisions upholding this interpretation and applying the proviso to protect certain candidates[MAHESWAR JENA vs MADHUSUDAN DALAI - 2026 Supreme(Online)(Ori) 489][MAHESWAR JENA vs MADHUSUDAN DALAI - 2026 Supreme(Online)(Ori) 489][022000291? not explicit here].
"Adequacy of opportunity and natural justice in Section 26 proceedings" - When disqualification is sought via Section 26, the Collector’s process must observe natural justice, and failure to provide copies of enquiry reports or proper notices can render the order unsustainable (examples include challenges to notification and show-cause processes) [Rabindranath @ Rabindranath Jena VS Bijaya Kumar Bhuyan - 2016 0 Supreme(Ori) 249][Banamali Panda VS State of Orissa - 2004 0 Supreme(Ori) 347][LABANGALATA MALLICK VS MANDAKINI MALLICK - 2010 0 Supreme(Ori) 764].
"Collector’s jurisdiction and finality of Section 26 decisions" - The Collector’s determination under Section 26(2) is typically treated as final and conclusive, but the ambit is subject to natural justice and can be revisited on appeal or via writs to the extent permitted by law; Full Bench references discuss maintainability of petitions under Section 26 by non-Sarpanch/non-member complainants[Debaki Jani VS Collector - 2014 0 Supreme(Ori) 575][Mrs. Kabita Baral VS State Of Odisha - 2021 0 Supreme(Ori) 274].
"Interplay with related disqualifications (Sections 11, 25, 30)" - Several judgments discuss how age, educational qualifications (Oriya literacy), and other disqualifications interact with Section 25 and the Collector’s jurisdiction under Section 26, noting that the petition should be properly framed under the relevant sections (e.g., 11(b) literacy, 25(1)(l)/(g) etc.) and that the proper forum for many challenges remains election petitions or writ petitions as appropriate[Rokkam Ramprasad @ R. Ramparasad VS State of Orissa - 2010 0 Supreme(Ori) 137][BANAJOSNA BARIK VS PRAFULLA BISWAL - 2010 0 Supreme(Ori) 776][Mrs. Kabita Baral VS State Of Odisha - 2021 0 Supreme(Ori) 274].
"Section 25(1)(g) and moral turpitude" - Disqualification sometimes triggers under Section 25(1)(g) where there is a conviction for offences involving moral turpitude; courts caution on the condition that continued office depends on post-conviction outcomes; separate from the two-child provision but part of the broader disqualification framework[SRI PRAMOD KUMAR TRIPATHY VS STATE OF ORISSA - 2009 0 Supreme(Ori) 448].
"Office of profit disqualifications" - Disqualifications spanning 10(9)(c) and related provisions clarify that holding an office of profit can disqualify a candidate; interplay with 25(1)(l) and 11(a)(i) requires analysis of when disqualification attaches and whether or not the person may continue pending proceedings[BANCHHANIDHI SAMANTASIMHAR VS PANCHANAN PRADHAN - 1965 0 Supreme(Ori) 169].
"Secrecy of ballot and invalid elections" - In cases involving ballot secrecy violations (Rule 16, Rules 1949/Rules 1965), courts have invalidated elections where government instructions violated the rule, underscoring that procedural fidelity in elections to Gram Panchayats is critical and government directives cannot override statutory rules[SADANANDA PANDA VS STATE OF ORISSA - 1954 0 Supreme(Ori) 98].
"No-confidence motions and Section 24" - Section 24 governs no-confidence motions; courts emphasize mandatory vs. directory aspects of notices (Section 24(2)(c)) and require proper requisitions with a proposed resolution; failure to strictly comply can attract procedural challenges but not necessarily invalidate the meeting if substantial compliance exists; also duties on record-keeping (Section 122) are noted[Truptirani Jena VS State of Odisha - 2019 0 Supreme(Ori) 643][Mrs. Kabita Baral VS State Of Odisha - 2021 0 Supreme(Ori) 274][Jogo Bhatra VS State of Odisha - 2020 0 Supreme(Ori) 151][Puspanjali Chhatria VS State Of Orissa - 2022 0 Supreme(Ori) 45].
"Election roll relevance for eligibility" - For eligibility to contest, the election roll as of the relevant date is decisive; petitions challenge whether a candidate’s name appeared in the electoral roll on the relevant date, not merely on permanent residence or other grounds; this is a recurring theme in Section 25(1)(v) cases[ADHIKARI RAMA CHANDRA DAS VS BHRAMARBAR NAIK - 1973 0 Supreme(Ori) 92][LOKANATH PADHAN VS BIRENDRA KUMAR SAHU - 1972 0 Supreme(Ori) 15].
"Remedial orders and fresh elections" - When disqualification is upheld, courts commonly order fresh elections to fill the vacancy; this is a typical remedy in Section 25(1)(v) disputes and is reinforced in several reported judgments[BANAJOSNA BARIK VS PRAFULLA BISWAL - 2010 0 Supreme(Ori) 776][Lokanath Pattanaik VS Sanjay Kumar Ratsingh - 2019 0 Supreme(Ori) 395].
"Approach to documentary evidence in Section 25(1)(v)" - Document-based proof (birth certificates, school records, etc.) plays a central role in establishing the number of children and the cut-off dates for disqualification; courts scrutinize the timing and admissibility of post-cause-action documents, stressing earlier documentary evidence has greater probative value[Sanjukta Mallik VS Bharati Sethi - 2012 0 Supreme(Ori) 83][Jagabandhu Bank VS Kumudini Nayak - 2013 0 Supreme(Ori) 187].
"Orissa G.P. Act amendment and retrospective implications" - Amendments to Section 25 and 26, including amendments in 1994 and 2004, affect application and interpretation; courts consider the transitional provisions and whether the amendment applies to individuals who were already in office or in nomination as of that date[Banamali Panda VS State of Orissa - 2004 0 Supreme(Ori) 347][Rajen Kumar Parida VS Jameswar Mallick - 2011 0 Supreme(Ori) 255].
"Natural justice and opportunity to rebut" - Where show-cause notices and enquiry reports are used to disqualify, ensuring a fair opportunity to respond is a recurring legal standard; failures to share reports or to allow a hearing can render the process void or require fresh proceedings[Banamali Panda VS State of Orissa - 2004 0 Supreme(Ori) 347].
"Intervention by High Courts in executive decisions" - Odisha High Court often intervenes where executive orders or departmental instructions conflict with statutory rules; the courts stress adherence to statutory rules over discretionary executive actions, especially in appointment of Gram Panchayat Secretaries and related administrative acts[SANJIB KUMAR NAYAK VS STATE OF ORISSA - 2009 0 Supreme(Ori) 782][SANJIB KUMAR NAYAK VS STATE OF ORISSA - 2009 0 Supreme(Ori) 782].
"Litigation format preferences" - Several precedents emphasize that questions of disqualification, eligibility, and no-confidence motions benefit from petitioning under the correct statutory route (election petition under Section 39 or 30, writ petitions where appropriate) to avoid procedural dismissals or misjoinder of issues[BANESWAR BISWAL VS STATE ELECTION COMMISSIONER - 1997 0 Supreme(Ori) 276][022000981? not explicit].
"Key takeaway" - Section 25(1)(v) functions as a constitutional-local policy tool within the Gram Panchayat framework to regulate eligibility based on family size, with transitional protections, while ensuring procedural fairness, proper evidentiary standards, and alignment with constitutional provisions on elections and local self-government.
(1) Whenever it is alleged that any Sarpanch or Naib-Sarpanch or any other member is or has become disqualified or whenever any such person is himself in doubt whether or not he is or has become so disqualified such person or any other member may, and the Sarpanch at the request of the Grama Panchayat shall, apply to the Collector for a decision on the allegation of doubt.
(2) The Collector may suo motu or on receipt of an application under Sub-section (1), make such enquiry as he considers necessary and after giving the person whose disqualification is in question an opportunity of being heard, determine whether or not such person is or has become disqualified and make an order in that behalf which shall be final and conclusive.
(3) Where the Collector decides that the Sarpanch, Naib-Sarpanch or any other member is or has become disqual
-(1) 1[Subject to the provisions in Section 9, the election] of a member, Sarpanch and Naib-Sarpanch of a Grama Panchayat shall be held and conducted in the prescribed manner.
(2) Without prejudice to the provisions of Sub-section (1) the State Government may make rules to provide for or regulate all or any of the following matters for the purpose of holding elections under this Act, namely :
(a)the manner of splitting up of Electoral Rolls of the Assembly Constituencies into parts for the purpose of constituting one or more of such parts into the Electoral Roll for a Grama, Palli Sabha and a Ward, the manner of revision of such roll from time to time, and the officer or authority by whom such splitting up or revision is to be carried out;
(b)the appointment of Election Officers, Presiding Off
No person who is in the service of the State Government or of any local authority shall, by canvassing on behalf of any candidate or otherwise, interfere or in any way use his influence in an election and a breach of provisions of this section shall render the person liable to have his services terminated.
-(1) A person shall be guilty of an election offence if he-
(a)fraudulently defaces or otherwise alters or tampers or destroys any nomination paper or ballot papers;
(b)fraudulently defaces, injures, disturbs, destroys or removes any list, notice or other documents affixed or otherwise published in accordance with the provisions of this Act and the rules made thereunder ; or
(c)without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper ; or
(d)fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in ; or
(e)without due authority destroys, takes, opens or otherwi
No election of a person as a member of a Grama Panchayat or as a Sarpanch or Naib-Sarpanch 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 :
Secs. 30 and 31 - Election - Post of Sarpanch - Election of petitioner challenged on the ground that petitioner does not belong to other backward caste as notified by the State Government - Civil Judge held the writ petitioner is a member belonging to the O.B.C. category and therefore O.P.No. 1 was not entitled to any relief - On appeal Addl. District Judge held that O.P.No. 1 could prima facie prove that the writ petitioner is not a member of the O.B.C., hence set aside the order of Civil Judge and declared the election of the writ petitioner as invalid and void and simultaneously declared the O.P
-(1) The petition shall be presented on one or more of the grounds specified in Section 39 before the 1[Civil Judge (Junior Division)] having jurisdiction over the place at which the office of the Grama Sasan is situated together with a deposit of such amount, if any, as may be prescribed in that behalf as security for costs within fifteen days after the date on which the name of the person elected is published under Section 15 :
Provided that if the office of the 1[Civil Judge (Junior 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 (Junior Division)] that sufficient cause existed for the failure to present the petition within the period aforesaid the 1[Civil Judge
(1) The petition may be presented by any person who has filed his nomination.
(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) 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.
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.
CASE LAW :
Sec. 34 read with Section 38(2)(b) - Other candidates contesting for the post of Sarapanch, not made parties to the election dispute - Disqualification of the Opp.Party does not automatically entitle the petitioner to be elected as Sarpanch : (Smt.) Pravasini Jena v. Smt. Mayarani Biswas : 2005 (Supp.) OLR (NOC) 1118.
-(1) Subject to the provisions of this Act and the rules made thereunder every election petition shall be tried by the 1[Civil Judge (Junior Division)] as nearly as 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 (Junior 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 (Junior Division)] shall, for the purpose of deciding any issue receive so much evidence, oral or documentary, as he considers necessary and may require the production of any evidence.
(4) The 1[Civil Judge (Junior Division)] may, at any stage of the proceedings requi
Where no costs have been awarded, the whole of the security deposit, and in cases where any costs have been awarded, the balance, if any, of the security deposit after payment to any person towards costs may, on an application made in that behalf in writing to the 1[Civil Judge (Junior Division)] by the person by whom the deposits have been made or, if such person dies after making such deposit by the legal representative of such person, be returned to the applicant.
1.Substituted vide O.G.E. No. 993 Notfn.No. 7703-Legis. Dt. 28.5.2001.
Any appearance, application or act before the 1[Civil Judge (Junior Division)] may be made or done by the party in person or by a legal practitioner duly appointed to act on his behalf :
Provided that it shall be open to the 1[Civil Judge (Junior Division)] to direct any party to appear in person, whenever he considers it necessary.
1.Substituted vide O.G.E. No. 993 Notfn.No. 7703-Legis. Dt. 28.5.2001.
The 1[Civil Judge (Junior 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 witness, 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;
(g)issuing commissions for the examination of witness and may summon and examine suo motu any person whose evidence appears to him to be material ; and shall be
)]-(1) If the 1[Civil Judge (Junior 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 (Junior Division)] finds that the election of any person was invalid, he 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) All orders of the 1[Civil Judge (Junior Division)]
-(1) The 1[Civil Judge (Junior Division)] shall declare the election of a returned candidate void, if he is of the opinion-
(a)that on the date of his election the candidate was not qualified or was disqualified to be elected under the provisions of this Act or the rules made thereunder ; or
(b)that any corrupt practice has been committed by the candidate; or
(c)that any nomination paper has been improperly rejected or accepted; or
(d)that such person was declared to be elected by reason of the improper rejection or admission of one or more votes for any other reason was not duly elected by a majority of lawful votes; or
(e)that there has been any non-compliance with or breach of any of the provisions of
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 (Junior 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;
he shall after 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.
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 inducing -
(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 candidature or for having retired from contest ; or
The petitioner may, at any time, withdraw the election petition filed by him.
An election petition shall abate only on the death of the petitioner.
1[(1) Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of a Grama Panchayat, within the limits of its funds to undertake, control and administer and be responsible for the following matters in respect of the Grama, namely :
(a)construction, repair maintenance, alteration and improvements of public streets;
(b)lighting, watering and cleaning of public streets and other public places;
(c)the removal of unauthorised obstructions, projections and encroachments in or upon public streets and other public places;
(d)construction, maintenance and cleansing of drains and drainage works and all public latrines, urinals and similar conveniences and the disposal of drain water and sullage;
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The Grama Panchayat may, if a majority of its members so decide by a resolution, with the previous approval of the State Government and shall, if the State Government so direct, undertake within the Grama the control and administration of and be responsible for the following matters, namely :
(a)planting and care of trees on the sides of public streets or in other public places vested in it;
(b)maintenance of village forest, declared as such by notification by the State Government for the purpose of this Act;
(c)improved breeding and medical treatment of cattle and prevention of cattle diseases;
(d)construction, maintenance and regulation of slaughter houses;
(e)assisting and advising agriculturists in re
Nothing in this Chapter shall be deemed to impose any duty or confer any power on the Grama Panchayat with respect to any matter which is under the direct administrative control of any other local authority or of any department of the Central or State Government unless such duty or power has been transferred or delegated to the Grama Panchayat by order of the local authority of the Central or State Government, as the case may be.
(1) The State Government or the Samiti may, subject to such terms and conditions, if any, as they may deem fit to impose, entrust to the Grama Panchayat the execution of any development work within the Grama with an estimated cost not exceeding the prescribed amount and it shall threupon be the duty of such Grama Panchayat to undertake the execution of such work.
(2) Subject to the rules made in that behalf and the prior approval of the Collector, a Grama Panchayat may receive from any person and take over any property vested in him or the management of any institution or the execution of maintenance of any work or the performance of any duty within the Grama on such terms as may be determined by the Collector.
It shall be the duty of the Grama Panchayat to advise the State Government on such matters as may be referred to the Grama Panchayat from time to time.
Subject to the provisions of any other law for the time being in force a Grama Panchayat shall have control of all public streets and waterways situated in the Grama not being private property and not being under the control of any other local authority, or the Central or State Government and may do all things necessary for the maintenance and repair thereof and may,-
(a)construct new bridges and culverts;
(b)divert or close any such public street, bridge or culvert;
(c)widen, open, enlarge or otherwise improve any such public street, culvert or bridge and with minimum damage to the neighbouring fields, plant and preserve trees on the sides of such street;
(d)deepen or otherwise improve such waterways;
(e
(1) A Grama Panchayat may by written notice require the owner of or the person having control over a private water-course, spring, tank, well or other places the water of which is used by the public as a matter of right for drinking or culinary purpose, to take all or any of the following steps within a reasonable period to be specified in such notice, namely :
(a)to keep, and maintain the same in good repair;
(b)to clean the same from time to time of silt, refuge, or decaying vegetation;
(c)to protect it from pollution; and
(d)to prevent its use if it has become so polluted as to be prejudicial to public health.
(2) A person upon whom a notice has been served under Sub-section (1) may within thirty days
The Grama Panchayat shall provide the Grama or any part thereof with a supply of water proper and sufficient for domestic purposes and for such purposes may-
(a)construct, repair and maintain tanks, wells or tube-wells or lay service pipes and other water fittings for supplying water and clear out streams or water-courses;
(b)with the consent of the owner thereof and with the approval of a majority of the total memberships of the Grama Panchayat utilise, cleanse or repair any tank, well, stream or water course within the Grama or provide facilities for obtaining water therefrom; and
(c)do any other act necessary for carrying out the purposes of this section.
-(1) For improvement of sanitation a Grama Panchayat may require by order, the owner or occupier of any land or building-
(a)to close, remove, alter, repair, cleanse, disinfect or put in good order any latrine, urinal, water-closet, drain, cess-pool or other receptacles for filth, sullage water, rubbish or refuge pertaining to such land or building or to remove or alter any door or trap or construct any drain for any such latrine, urinal or water-closet which opens on to a street or drain or to shut off such latrine, urinal or water-closet by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighbourhood;
(b)to cleanse, repair, cover, fill up, drain off, deepen, or remove water from a private well, tank, reservoir, pool, depression or excavation which may appear to the Grama Panchayat to be injur
-(1) Every Grama Panchayat may make adequate arrangements for-
(a)regular sweeping and cleansing of the streets and removal of sweepings therefrom;
(b)daily removal of filth and carcasses of animals from private premises;
(c)the daily removal of rubbish from dust-bins in private premises;
and with this object, it shall provide-
(i)depots for deposit of filth and rubbish and carcasses of animals;
(ii)covered vehicles or vessels for the removal of filth;
(iii)vehicles or other suitable means for the removal of the carcasses of large animals and rubbish;
(iv) dust-bins for
The Grama Panchayat may, and when required by the residents of the local area, shall undertake discovery, removal and destruction of water hyacinth, pricklypear or any other agricultural pests on any land, premises or water as well as construction of fences and barriers to check its movement and may recover its cost from the residents of the locality concerned unless the local residents arrange for free labour for the purpose.
-(1) With the previous sanction of the Collector and notwithstanding anything contained in any other law for the time being in force, a Grama Panchayat may notify that no place within the local area of the Grama Sasan shall be used in the course of any trade, business or calling without a licence granted by it and except in accordance with the condition specified in such licence, for any one or more of the following purposes, namely :
(a)washing soiled clothes and keeping soiled clothes for the purpose of washing them and washed clothes;
(b)boiling camphor;
(c)preparing chua;
(d)melting tallow or sulphur;
(e)dissolving silver and gold with nitric acid;
(f)stori
With the previous intimation to the Collector a Grama Panchayat may notify that no enclosed place, building or tent situated within the Grama and covering an area of five hundred square feet or more shall be used by any person or party for the purpose of public resort or entertainment, the admission whereto is regulated by payment of money, without obtaining a licence from it in the prescribed manner.
The Grama Panchayat may, subject to such maximum as may be determined by the State Government by notification in that behalf, levy a fee in respect of any licence or permission under Sections 55 and 56 and the renewal thereof and may impose such conditions and restrictions on such licence as it may think necessary.
-(1) The Grama Panchayat may demarcate and provide places for use as public markets and close or suspend any such market or part thereof.
(2) Subject to such rules as may be prescribed, the Grama Panchayat may levy any one or more of the following fees in any public market at such rates, not exceeding the maximum rates, if any, prescribed in that behalf and may place the collection of such fees under the management of such person as may appear to it proper or may lease out such fees on such terms and conditions as the Grama Panchayat may deem fit :
(a)fees for the use of, or for the right to expose goods for sale in such market;
(b)fees for the use of shops, stalls, pens or stands in such market;
(c)fees on vehicles (including motor vehicles as defi
No person shall open a new private market after the commencement of this Act, or continue to keep open a private market unless he obtains from the Grama Panchayat a licence to do so for a period not exceeding one year in the prescribed manner and such licence may be renewed every year.
1[Provided that in the Scheduled Areas, the Grama Panchayat, subject to the control and supervision of the Grama Sasan shall have power to manage village markets by whatever name called.]
1.Added vide O.A.15 of 1997, Orissa Gazette Ext. No. 1567, Notfn. No. 22433 dt. 22.12.1997.
-(1) (a) The Grama Panchayat shall grant the licence applied for in respect of a private market subject to such conditions as it may think fit as to sanitation and watersupply, and weights and measures to be used, and such other matters as may be prescribed.
(b) The Grama Panchayat may modify the conditions of the licence to take effect from a specified date.
(c) The Grama Panchayat may at any time suspend or cancel any licence granted under Clause (a) for breach of the conditions thereof.
(2) When a licence is granted under Sub-section (1) a fee not exceeding fifteen per cent of the gross income of the owner from the market in the preceding year shall be charged by the Grama Panchayat for such licence.
(3) The Grama Panchayat may close a private market which is unlicensed or the licence fo
If any question arises as to whether any place is a market or not, the Grama Panchayat shall make a reference thereon to the State Government and their decision thereon shall be final.
CASE LAW :
Secs. 61 and 146-Section 61 empowers the Government to decide as to whether or not a place located within the Grama Panchayat is a market or not-This is to be decided only on reference by Grama Panchayat-But a dispute as to whether two Grama Panchayats operating market in their respective areas could operate the market on the same days or on different days comes within the ambit of Section 146, but not Section 61 Held, the heading of the Section succinctly delieneates the nature and scope of Sec. 61. When there is a dispute as to whether or not a place located within the Grama Panchayat is a market the State Government is clothed with jurisdiction to decide the dispute only on a referen
No person shall sell or expose for sale any animal or article in any public or licensed private market without the permission of the Grama Panchayat or licensee, as the case may be, or of any person authorised by him.
The Grama Panchayat may prohibit by public notice or licence or regulate the sale or exposure for sale of any animals or articles in or upon any public street or place or part thereof.
After the expiration of not less than twenty-four hours from the death of any person, the Grama Panchayat may, subject to the provisions of any other law, cause the corpse of such person to be burnt or buried and the expenses thereby incurred shall be recoverable as a debt due from the estate of such person :
Provided that in every such case a corpse shall be disposed of, so far as may be possible, in a manner consistent with the religious tenents of the deceased :
Provided further that the Grama Panchayat may provide for the burial and burning of paupers free of charge within the limits of the Grama.
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1.Deleted vide Notfn. No. 2578 Dated 28.2.2004 O.G.E. No. 322, dated 3.3.2004.
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1.Deleted vide Notfn. No. 2578 Dated 28.2.2004 O.G.E. No. 322, dated 3.3.2004.
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1.Deleted vide Notfn. No. 2578 Dated 28.2.2004 O.G.E. No. 322, dated 3.3.2004.
Save as otherwise expressly provided in this Act, every person, who, having the immediate control of any place or building within the Grama permits it to be used for any of the purposes in respect of which a licence is required under this Chapter without having obtained a licence therefor, or having obtained a licence permits such use in contravention of any of the conditions of such licence shall be liable on conviction to a fine which may extend to one hundred rupees for the first offence and if the offence be a continuing one, with a further fine which may extend to five rupees for every day after the first conviction during which an offender is proved to have persisted in the commission of the offence.
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2.Omitted vide O.A. No. 16 of 1967.
(1) Notwithstanding anything contained in any other law the Grama Panchayat may, from time to time (a)whenever any occasion arises, declare the whole or any part of the Grama to be an agricultural pest infected area and take steps for the eradication of the infection and for the said purpose issue necessary directions to the owners or growers of crops within the Grama ; or
(b)call upon the inhabitants of the Grama in accordance with a scheme made in that behalf to adopt improved methods of agriculture and animal husbandry with a view to increase agricultural production within the Grama and issue such direction as the Grama Panchayat may consider necessary in that behalf.
(2) The powers of the Grama Panchayat under Sub-section (1) shall be exercised with the prior approval and subject to the control and direction of the State Government o
-(1) All property within the Grama of the nature hereinafter in this section specified, other than property maintained by any other local authority or the Central or State Government, shall for the purposes of this Act, vest in the Grama Sasan and shall, with all other properties of whatever nature or kind which may become vested in the Grama Sasan, be under its direction, management and control, that is to say-
(a)all public sewers and drains, and all works, materials and things appertaining thereto and other conservancy works;
(b)all sewage, rubbish and offensive matters deposited on the streets or collected by the Grama Panchayat from streets, latrines, urinals, sewers, cesspools and other places;
(c)all public lamps, lamp posts and apparatus connected therewith or appertaining thereto; and
(1) Whenever the State Government are of the opinion that -
(a)any ferry vested in the Grama Panchayat connects public streets under the management of more than one local authority; or
(b)the residents within the jurisdiction of more than one local authority use any market or fair the rights of management, regulation and control whereof is vested in the Grama Panchayat.
The State Government or the prescribed authority may from time to time apportion the income of such ferry or, as the case may be, of the market or fair among the aforesaid local authorities in such manner and proportion as the State Government or the prescribed authority may decide.
(2) Notwithstanding anything contained in this Act whenever the State Government deem it expedient so to do they may by general or special order
The State Government may allocate to a Grama Sasan any public property situated within the Grama and thereupon such property shall for the purposes of this Act and subject to such terms, conditions, limitations and restrictions as she State Government may from time to time impose in that behalf, vest in and come under the management and control of the Grama Panchayat.
(2) Whenever in respect of any property vested in or under the management and control of the Grama Sasan the State Government consider it expedient in the general public interest so to do or whenever in their opinion the Grama Panchayat has failed to make proper use of such property, they may by general or special order direct the withdrawal of such property from the Grama Sasan and thereupon such property shall vest in and be under the direction, management and control of the State Government :
&
(1) Where for a Grama Sasan any land or any right in land is required to carry out any of the purposes of this Act such Grama Sasan shall first negotiate with the person or persons having interest in the said land and if the parties fail to reach an agreement, such Grama Sasan may make an application to acquire the land or the right, as the case may be, in the prescribed form and manner to the Collector who may, if satisfied that same is required for a public purpose take steps to acquire the same.
(2) Such land or such right shall on acquisition and on payment of compensation awarded in accordance with the law under which the acquisition was made vest in the Grama Sasan.
(3) Where in pursuance of the negotiation referred to in Sub-section (1) the parties arrive at an agreement the Grama Sasan concerned may in accordance with the agreeme
The Grama Panchayat may with the previous approval of the Collector place under the control and management of the Samiti or Parishad any property belonging to or under the control of such Grama Panchayat.
(1) With respect to the disposal of the property belonging to or vested in or under the direction, management and control of the Grama Sasan the following provisions shall, subject to the rules made in that behalf, have effect, namely :
(a)no movable property, other than the usufruct of tanks and lands, shall be disposed of by the Grama Panchayat in any manner whatsoever unless there exists a corresponding provision in the budget of the Grama Panchayat for the year;
(b)no immovable property shall be disposed of-
(i)by sale, exchange, gift, mortgage or otherwise or by way of lease with permission for construction of permanent structures thereon without the prior sanction of the State Government; or
(ii)by way of lease, not being a lease covered by Su
With respect to the making of contracts the following provisions subject to the rules, if any, made in that behalf have effect, namely :
(a)every such contract shall be made on behalf of the Grama Sasan by the Sarpanch;
(b)on such contract for any periods which in accordance with any provision of this Act, the Sarpanch may not carry out without the approval or sanction of any authority specified in the Act or the rules made thereunder shall be made by him until and unless such approval or sanction be obtained;
(c)no contract for the acquisition of immovable property shall be valid unless the contract has been approved by the prescribed authority where the price stipulated to be paid for such property exceeds the prescribed amount.
CASE LAW :
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Subject to the provisions of this Act and the rules made thereunder it shall be competent for a Grama Panchayat for purposes of this Act to levy all or any of the following taxes, rates or fees, namely :
(a)1[* * *]
(b)a tax payable by owners of vehicles (hereinafter referred to as vehicle tax) suitable for use on road and specified in the Schedule where such vehicles are kept or used within the Grama;
(c)a latrine or conservancy tax payable by the occupiers, owners of lands and buildings situated within the limits of the Grama in respect of private latrines, privies or cess pools or in respect of premises or compounds cleaned by the Panchayat agent at such rates as may be prescribed subject to a maximum of six rupees per year;
(d)a watet-rate where
1[* * *]
1. Omitted vide O.A.Act No. 16 of 1967.
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1. Omitted vide O.A.Act No. 16 of 1967.
(1) When it has been determined by the Grama Panchayat that a tax on vehicles specified in the Schedule shall be imposed the Grama Panchayat shall make an order that the owner of every such vehicle which is kept or used within the Grama shall pay the tax in respect of such vehicle and shall cause such order to be published in the prescribed manner.
(2) Such order shall be published at least one month before the beginning of the half-year in which such tax will first take effect and shall specify at what rates, not exceeding the rates specified in the Schedule, such tax shall be levied.
(3) Such tax shall not be imposed on vehicles kept for sale by any bona fide dealer in such vehicles.
(4) The time and manner of payment of tax, refund, proportionate payment or composition thereof or exemption therefrom and liability to payment of tax
(1) On receiving the amount of tax due to it the Grama Panchayat shall give the person paying the same a licence for the vehicle for the period in respect of which the amount is received.
(2) Such licence shall be for the current year or half-year as the Grama Panchayat thinks fit.
(3) A Grama Panchayat licence showing the prescribed particulars shall be affixed to every vehicle at a conspicuous place so as to be distinctly visible.
(1) Whenever the owner of the vehicle liable to pay the vehicle tax is not resident within the Grama to which tax is due, the person in whose immediate possession the vehicle is for the time being kept shall pay the tax and take out the licence for the same.
(2) No person shall keep within the Grama or be in possession of any vehicle kept within the Grama specified in the Schedule without the licence required under this Act.
(1) Notwithstanding anything to the contrary in any other law for the time being in force where a person is liable to pay the vehicle tax in respect of a vehicle for any particular period under this Act and also under the Orissa Municipal Act, 1950 (Orissa Act 23 of 1950) and if he proves that the tax has been paid-
(a)to any Grama Panchayat, he shall not be liable to pay such tax to any other Grama Panchayat nor shall he be liable to pay the same to any Municipal or Notified Area Council except to the extent of the excess of the dues to the Council over the amount paid to the Grama Panchayat; or (b)to any Municipal or Notified Area Council he shall not be liable to pay such tax to any Grama Panchayat, but such Council shall pay to the Grama Panchayat concerned, the amount due under this Act, if the said amount is less than the amount paid to the Council.
Save as otherwise provided in this Act-
(a)the assessment of taxes and prevention of evasion of taxes under the provisions of this Chapter, the modification or revision of such assessments, the preparation of assessment lists and alteration thereof shall be as may be prescribed;
(b)the Collector may on the application of any party on whom any tax, toll, rate or fee has been imposed or on his own motion review or revise the tax, toll, fee or rate.
Whenever it appears to the Collector that the balance of the Grama Fund of a Grama Panchayat or its income is insufficient for the discharge of its duties or obligatory functions imposed upon it by this Act or for the performance of any duties in respect of which it shall have been declared in accordance with the provisions of this Act to have committed default, the Collector may require the Grama Panchayat to impose any tax which it is empowered to impose or to enhance any existing tax in such manner or to such extent as the Collector may deem fit and the Grama Panchayat shall forthwith proceed to impose or enhance in accordance with the requisition such tax under the provisions of this Chapter, as if the Grama Panchayat had itself taken a decision in that behalf-
(a)the Collector shall take into consideration any objection which the Grama Panchayat or any inhabitant of the Grama
(1) A tax imposed under this Act shall not be invalid for defect of form and where any property is described for the purpose of assessing any such tax, it shall be sufficient to describe it so that it shall be generally known and it shall not be necessary to name the owner or occupier.
(2) Nothing in this Act shall be construed so as to exempt the properties belonging to or vested in the State Government from any liability in respect of any tax or rate referred to in Clauses (c) to (f) of Section 83.
(1) There shall be constituted a Grama Fund for every Grama Sasan and to the credit of the said fund shall be placed-
(a)all proceeds of any tax, toll, fee or rate imposed under the provisions of this Act;
(b)all fines imposed and realised under this Act in respect of offences committed within the jurisdiction of the Grama Sasan in proceedings instituted under this Act, or under any other Act or rules in which provision is made for the credit of such fines to Grama Fund;
(c)all sums ordered by a Court to be placed at the credit of the Grama Fund;
(d)all proceeds of the disposal of property by or on behalf of the Grama Sasan;
(e)all income accruing from any property or institution or undertaking or work be
(1) The Grama Fund shall vest in the Grama Sasan and held by it in trust for the purposes of this Act subject to the provisions therein contained.
(2) The Grama Fund shall be deposited in the name of the Grama Panchayat in the Savings Bank of the nearest Post Office and if there is a treasury or sub-treasury nearer than a Post Office, the Grama Panchayat shall open a personal ledger account with the treasury and the Grama Fund shall be deposited in it ; and at no time the cash balance in the custody of the Sarpanch shall exceed the sum fixed by the Collector :
Provided that the Grama Panchayat may deposit any part of the Grama Fund as it may decide in such Central Co-operative Bank as may be approved by the Registrar of Co-operative Societies :
1[Provided further that the Grama Panchayat may d
The Grama Sasan may with the previous sanction of the State Government and subject to the provisions of this Act and rules made thereunder borrow money from the State Government, any local authority, or any individual or body of individuals corporate or not to carry out its purposes :
Provided that nothing contained in the Local Authorities Loans Act, 1914 (9 of 1914) and the rules made thereunder shall apply in respect of money borrowed from the State Government after the commencement of this Act
-(1) Except as otherwise provided in this Act the Grama Panchayat shall set apart and apply annually out of the Grama Fund-
(a)firstly, such sum as may be required for repayment of and the payment of interest on any loan;
(b)secondly, liabilities and obligations arising from a trust legally imposed upon or accepted by the Grama Sasan;
(c)thirdly, such sum as may be required to provide for payment towards salaries, allowances and meeting of other expenditure relating to the establishment of the Grama Sasan;
(d)fourthly, such sum as may be required for the maintenance of services as may have been undertaken by the Grama Sasan; and (e)fifthly, subject to such exemptions as the State Government may from time to time direct, all expenses, if any, incurre
(1) All property vested in the Grama Sasan under this Act, all funds received by it in accordance with the provisions thereof and all sums accruing to it under the provisions of any law for the time being in force shall, subject to the provisions of this Act and the rules made thereunder, be applied for the purposes of this Act within the limits of the Grama.
(2) Notwithstanding anything in Sub-section (1) it shall be lawful for the Grama Panchayat with the prior approval of the Collector and subject to the rules made in that behalf-
(a)to make contribution towards expenditure incurred by any other local authority or out of any public fund for measures affecting education, health, safety, or convenience of the public calculated to benefit the residents of the Grama; or
(b)to create scholarship
(1) The Sarpanch shall in each year prepare and place before the Grama Panchayat for its consideration a budget estimate showing the probable receipts and expenditures for the following year and the Grama Panchayat shall, with such modifications as it thinks fit, submit the budget to each of the Palli Sabhas within the Grama for their recommendation under Sub-section (6) of Section 6 and shall thereafter submit the same, along with the recommendations, if any, of the Palli Sabhas, to the Grama Sasans for its 1[approval].
(2) If during the course of any year the Grama Panchayat finds it necessary to alter the figures shown in the budget with regard to its receipts or to the distribution of the amount to be expended on different services undertaken by it a supplementary or revised budget may be framed by the Sarpanch and considered by the Grama Panchayat and with such modifications,
2[* * *]
2.Sec. 99 Omitted ibid.
(1) The Grama Panchayat shall keep regular accounts of receipts and disbursement from the Grama Fund and such accounts shall be published in the prescribed manner.
3[(2) The provisions of the Orissa Local Fund Audit Act, 1948 shall apply in regard to the audit of the Grama Funds.
(3) Notwithstanding anything contained in the aforesaid Act, for the purpose of this Act the Government may, by notification, appoint an Officer of Government as 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.]
3. Substituted vide Notfn. No. 2578
(1) It shall be the duty of the Finance Commission to review the financial position of Grama Panchayats 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 Grama Panchayats, 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 recommendations made by the Finance Commission together with an explanatory memorandum as to the action taken thereon to be laid before the Legislative Assembly.]
4.Previously inserted vide Orissa Act No. 9 of 1991 and subsequently substituted vide Orissa Gazette Ext. No. 426/18.4.1994-Notfn.No. 6139-Legis./18.4.1994.
The latrine or conservancy tax, the drainage fee and the water rate shall be payable on such dates and in such manner as may be prescribed.
-(1) When any amount on account of any tax, toll, rate, rent or fee or any sum on any account whatsoever has become due to the Grama Panchayat shall with the least practicable delay, cause to be presented to the person liable for the payment thereof a bill in the prescribed form for the amount due from him.
(2) If the person to whom a bill has been presented as aforesaid does not, within fifteen days from the presentation thereof, either-
(a)pay the sum claimed as due on the bill ; or
(b)show cause to the satisfaction of the Grama Panchayat why he should not pay the same ; or
(c)prefer an appeal in accordance with Sub-section (3) aganist the claim;
the Grama Panchayat may cause to be served upon such pers
(1) Without prejudice to the other provisions of this Chapter, the Grama Panchayat may at any time seize and detain the vehicle in respect of which vehicle tax is due but has not been paid :
Provided that no vehicle, other than a bicycle, shall be seized or detained when actually employed in conveyance of any passenger or goods.
(2) If the vehicle seized be not claimed and tax due thereon is not paid within fifteen days from the date of seizure, the Grama Panchayat may direct that the vehicle be sold in public auction and the proceeds of sale applied to the payment of-
(a)tax, if any, due on the vehicle sold;
(b)such penalty not exceeding the amount of tax as the Grama Panchayat may direct; and
(c)the exp
Notwithstanding anything contained in the foregoing provisions of this Chapter, the Grama Panchayat may, by a special resolution made in that behalf and with the prior approval of the Samiti direct any sum due to the Grama Panchayat on account of tax, rates, tolls or fees or any dues on any account whatsoever payable by any person to the Grama Panchayat to be written off on ground of undue hardship or as having become irrecoverable.
(1) The provisions of this Chapter shall have force and effect notwithstanding anything to the contrary contained in any contract, agreement, custom or usage or in any other law for the time being in force, or any rule or order having the force of such law.
(2) No arrears of tax, toll, rate or fee or of any sum due on any account whatsoever to the Grama Panchayat shall be recovered by distress after the expiry of three years, or as if it was an arrear of land revenue after the expiry of six years from the date when the amount in question becomes recoverable under this Act.
In case of default on the part of the Grama Panchayat in taking steps for recovery of the dues as aforesaid, the Sub-divisional Officer may take steps for the recovery of such dues on behalf of the Grama Panchayat in accordance with the provisions of this Act and the rules made thereunder, and, subject to the deductions on account of the costs of realisation, shall credit the proceeds to the Grama Fund :
Provided that no action shall be taken under this section by the aforesaid authority unless the Grama Panchayat, having been given an opportunity of expressing its views in the matter and allowed reasonable time to make good its default, has failed to do so.
In lieu of any process of recovery allowed by or under this Act or in case of failure to realise by such process, the whole or any part of any amount recoverable or of any compensation, expenses, charges, or damages payable in pursuance of the provisions of this Act and the rules or order made thereunder it shall be lawful for the Grama Sasan to sue in any Court of competent jurisdiction the person liable to pay the same.
(1) The amount of every sum claimed from any person under this Act on account of any tax, rate, rent, fee or otherwise shall, subject to decision in appeal, review or revision, if any, in accordance with the provisions of the rules made thereunder, be final.
(2) Effect shall be given by Grama Panchayat to every decision in appeal, review or revision against any such claim.
Subject to the provisions of this Act, the rules made thereunder and any special or general orders issued by the State Government from time to time, 1[the Director, Collector, the District Panchayat Officer appointed by the State Government] or such other officer or person specially authorised in that behalf by the State Government shall exercise general powers of inspection, supervision and control over the exercise of powers, discharge of duties and performance of functions by the Grama Panchayat under the provisions of this Act.
CASE LAW :
Sec. 109 - Collector instruction to B.D.Os. to see that the selection by VLL be made on annual basis - Order challenged in writ - Collector has the authority to take appropriate action and adopt appropriate method to carry out the progressive work for the benefit of people of the Grama Panchayat an
-(1) Without prejudice to the generality of the powers conferred under Section 109, the 1[Director, Collector, District Panchayat Officer appointed by the State Government or such other officer or person authorised under the said section or authorised by the Director, Collector or District Panchayat Officer] in pursuance of any special order made by the State Government in that behalf may -
(a)by order in writing call for and inspect any book, register, record or document in the possession or under the control of a Grama Panchayat or a Committee;
(b)call for the production of the cash balance in the custody of the Grama Panchayat;
(c)inspect any institution, or immovable property belonging to or vested in or under the management, direction or control of a Grama Panchayat or a Committee or any
(1) Subject to such rules, as may be made in that behalf the Grama Panchayat, its Sarpanch, Naib-Sarpanch, Officers and employees shall at all reasonable times be bound to afford to the 1[Director, Collector, the District Panchayat Officer] or other officer or person or member of the State Legislature authorised under Section 109 or 110 such access to the property, institutions or premises of the Grama Panchayat and to all registers and records thereof and to the cash balance in custody of such Grama Panchayat as may, in the opinion of the 1[Director, Collector, the District Panchayat Officer] or such officer or person, be necessary to enable him to discharge his duties under this Chapter.
(2) Subject to such rules as may be made in that behalf the Grama Panchayat, its Sarpanch, Naib-Sarpanch, officers and employees shall at all reasonable times be bound to afford to the Chairman r
The Collector may by general or special order direct any Officer of any of the departments of Government engaged in development work within the district to attend any meeting of the Grama Panchayat and to advise and assist such Panchayat on any matter relating to the work of the Department to which such officer belongs.
Whenever in the opinion of the Collector a Grama Panchayat is unable to exercise its powers or discharge its duties or perform its functions in accordance with the provisions of this Act, or the rules made thereunder by reason of any judgment, decree or order of any Court the Collector may direct the Samiti to act on behalf of the Grama Panchayat for all or any of the purposes of this Act, so long as such disability continues and the Samiti shall, subject to such rules as may be made in that behalf, forthwith comply with the directions of the Collector.
(1) The Sub-Divisional Officer may, suo motu or on a reference by the Sarpanch under Section 20, after calling for an explanation from the Grama Panchayat and considering the explanation, if any, offered by the Grama Panchayat, rescind, modify or confirm any resolution or orders passed or made by the Grama Panchayat if in his opinion such resolution or order is of a nature as specified in any of the Clauses (a) to (e) of the said section.
(2) The Sub-divisional Officer may if he deems it expedient so to do, at any time pending the disposal of the proceedings under Sub-section (1) make all or any of the following orders and may at any time rescind or modify the same, namely :
(a)suspend the operation of the resolution or order;
(b)prohibit the doing or continuance by any person of any act, in p
1[(1) If the State Government, on the basis of a report of the Collector or the Project Director, District Rural Development Agency, or suo motu are of the opinion that circumstances exist to show that the Sarpanch or Naib Sarpanch of a Grama Panchayat wilfully omits or refuses to carry out or violates the provisions of this Act or the rules or orders made thereunder or abuses the powers, rights and privileges vested in him or acts in a manner prejudicial to the interest of the inhabitants of the Grama and that the further continuance of such person in office would be detrimental to the interest of the Grama Panchayat or the inhabitants of the Grama, they may after giving the person concerned a reasonable opportunity of showing cause, remove him from the office of Sarpanch or Naib-Sarpanch, as the case may be.
(2) The State Government may, pending initiation of the proceeding on t
(1) If in the opinion of the State Government a Grama Panchayat 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 the Grama Panchayat be dissolved 1[* * *].
1[* * *]
(2) Before publishing a notification under Sub-section (1) the State Government shall communicate to the Grama Panchayat the grounds on which they propose to take action, fix a reasonable period for the Grama Panchayat to show cause against the proposal and consider the explanations and objections, if any, of such Grama Panchayat.
(3) Upon the publication of such notification all the members of the Grama Panchayat including its Sarpanch and Naib-Sarpanch shall forthwith be
-(1) If after the fresh election held under the last preceding section the Grama Panchayat continues to be incompetent to perform or abuse its powers, the State Government for all or any of the reasons specified in Sub-section (1) of Section 116 may, by notification published in the prescribed manner, supersede it for a specified period 3[and may, in like manner by stating reasons therefor, extend such period from time to time so, however, that the total period of supersession does not exceed six months.]
(2) Before publishing a notification under Sub-section (1) the State Government shall follow the procedure laid down in Sub-section (2) of Section 116.
(3) The supersession of a Grama Panchayat shall, if no other date or time is fixed in the said notification, take effect from the date of publication thereof and thereupon all the member
When a Grama Panchayat is dissolved under Section 116 or superseded under Section 117 the Collector, until the date of reconsitution thereof, and the reconstituted Grama Panchayat thereafter, shall be entitled to all the assets and shall be subject to all the liabilities of the Grama Panchayat as on the date of dissolution or supersession, and on the date of reconstitution, respectively.
(1) If at any time it appears to the Collector that a Grama Panchayat or its Sarpanch has made default in performing any duty imposed by or under this Act, or any other law for the time being in force, he may, in consultation with the Samiti, 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 Collector may direct to Samiti to perform it and may also direct that the expenses of performing it shall be paid from out of the Grama Fund within such time as the Collector may fix to the Samiti.
(3) If the expenses directed under Sub-section (2) are not paid within the time so fixed the Collector 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.
(4) Such person shall, so far as the
The State Government may, suo motu, at any time or on application received from any party interested within ninety days from the passing of the order review any order passed under Section 115, 116 or 117 it it was passed 2[* * *] under any mistake, whether of fact or of law, or in ignorance of any material fact :
Provided that the State Government shall not pass any orders prejudicial to any party unless such party has had an opportunity of making a representation.
2.Omitted vide Orissa Gazette Ext.No. 426/18.4.1994-Notfn.No. 6139-Legis./18.4.1994.
(1) Where on the application of a Grama Panchayat the Sub-divisional Officer is of the opinion that any person, who in the capacity of a member, Sarpanch, Naib-Sarpanch or officer or other employee of the said Grama Panchayat had in his custody any record or money belonging to it, after his removal or suspension from or the termination of his office is not likely to deliver such record or pay such money, the Sub-divisional Officer may, by a written order, require that the record or money so detained be delivered or paid to the Grama Panchayat forthwith.
(2) If any such person as aforesaid shall not deliver the record or pay the money as directed, it shall be lawful for the Sub-divisional Officer-
(a)for recovering such money, to direct that such money be recovered as an arrear of land revenue and on such direction being given such money
(1) There shall be an Executive Officer, for every Grama Sasan who shall,-
(a)maintain the records of the proceedings of the meetings of Grama Panchayats ;
(b)remain in custody of all such records and documents, cash and valuable securities belonging to or vested in or under the direction, management or control of the Grama Sasan as may be prescribed ; and
(c)exercise such other powers, discharge such other duties and perform such other functions as may be prescribed.
(2) The VLWs. and VAWs. working in a district shall, for the purposes of Sub-section (1), act as Executive Officers within the local area of such Grama or Gramas as may respectively be assigned to them by the Collector.
Explanation-For the p
(1) Subject to such general or special order as may be made in this behalf by the State Government, a Grama Panchayat may appoint a Secretary and such other employees for the Grama Sasan as may be necessary for enabling the Grama Panchayat to perform its functions who shall discharge such duties and perform such functions as may be prescribed.
(2) The expenditure on remuneration or allowances of the Secretary and other staff appointed, if any, under Sub-section (1) shall be borne by the Grama Panchayat.
(3) Notwithstanding anything to the contrary in Sub-section (1), any person appointed as a Secretary prior to the commencement of the Orissa Grama Panchayats (Amendment) Act, 2004 shall be deemed to have been appointed as such under the said sub-section and he shall continue to receive the remunerations and other financial benefits, if any, as were admissible to him prior to such
(1) The Grama Panchayat in the transaction of its business shall follow the procedure provided in this Act and the rules made thereunder.
(2) The Grama Panchayat shall meet for the disposal of its business at least once every month and may hold special meetings whenever circumstances so require.
(3) Without prejudice to the provisions of Section 19 and subject to the rules made in that behalf, the Collector or any other officer empowered by him or not less than one-third of the members of the Grama Panchayat may requisition and call for special meetings of the Grama Panchayat.
(4) The quorum at any meeting, the manner or conduct of business and maintenance of the record of the proceedings at any such meeting shall be as may be prescribed.
1[(5) The
(1) For the efficient discharge of its functions the Grama Panchayat shall constitute Standing Committees whose number, composition, powers and functions and the procedure for the conduct of business shall be as may be prescribed.
(2) Subject to the rules as may be made in that behalf a Grama Panchayat may from time to time constitute such other Committees to assist it in the discharge of any specified duties or class of duties for such specified periods as the Grama Panchayat may deem it expedient.
(3) The State Government shall have the power to specify the number of persons as may be co-opted from outside by the Grama Panchayat to any Standing Committee or other Committees.
(1) Subject to such rules as may be prescribed, two or more Grama Panchayats may combine by means of a written instrument subscribed by them, to appoint a Joint Committee consisting of their representatives for the purpose of transacting any business in which they are jointly interested and may-
(a)delegate to such Committee, powers with such conditions as they may think proper to impose, to frame schemes binding on each such Grama Panchayat as to the construction and future maintenance of any joint work and the power which may be exercised by any such Panchayat in relation to such scheme; and
(b)frame or modify rules regarding the constitution of such Committee and the term of office of members thereof and the method of conducting proceedings and correspondence thereof.
(2) If any difference of opinion arises amongst the Grama Pancha
No act or proceedings of the Grama Sasan or Palli Sabha or of the Grama Panchayat or any of the Committees shall be deemed to be invalid by reason merely of the existence of any defect in the constitution of the Grama Sasan or Palli Sabha or of the existence of any vacancy in or defect in the constitution of the Grama Panchayat or any Committee thereof, or any vacancy in the office of the Sarpanch or Naib-Sarpanch, or by reason of any defect, error, omission or irregularity in the election or nomination of the Sarpanch, Naib-Sarpanch or any other member of such Grama Panchayat.
Whoever contravenes any of the provisions of this Act, or fails to comply with any notice or direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of the said provisions, shall, in the absence of any express provision in that behalf and without prejudice to any other liability under any of the other provisions of this Act, be, on conviction punishable with fine not exceeding an amount of rupees twenty-five and when the contravention or non-compliance is a continuing one with a further fine which may extend to one rupee for every day after the first conviction during which an offender is proved to have persisted in committing the offence.
In making a rule, the State Government and in making a bye-law the Grama Panchayat with the sanction of the prescribed authority, may direct that a breach of it shall be punishable with fine, which may extend to ten rupees and when the breach is a continuing one with a further fine which may extend to one rupee for every day after the date of the first conviction during which the offender is proved to have persisted in the commission of the offence.
(1) Whoever removes, displaces or makes an alteration in or otherwise interferes with the pavement, gutter or other materials of a public street, or the fences, walls or posts thereof, or bracket, direction-post, stand-post, hydrant or property of the Grama Sasan without the written sanction of the Grama Panchayat or other lawful authority shall be punishable with fine which may extend to ten rupees.
(2) If through an act, neglect or default, on account whereof a person has incurred a penalty imposed by Sub-section (1) and has caused any damage to the property of a Grama Sasan such person shall also be liable to make good such damage as well as to pay such penalty, and the damages may be recovered from the offender in accordance with the provisions of this Act.
Save as otherwise expressly provided in this Act and without prejudice to any other liability that may be incurred thereunder if a notice has been given to a person under the provisions of this Act or any rule or bye-law made thereunder requiring him to execute a work in respect of any property movable or immovable, public or private, or to provide or to do anything within a time specified in the notice and such person fails to comply with the notice, then the Grama Panchayat may, after giving the person an opportunity of making a representation, cause such work to be executed or such thing to be provided or done, and may recover all expenses incurred by it on such account from the said person in accordance with the provisions of this Act.
No notice shall be invalid for defect of form.
CASE LAW :
Sec. 132 (3) - Orissa Grama Panchayat Rules - Rule 216 - Removal of Secretary from service - Charge-sheet not served - Opportunity to show cause not provided - Violation of mandatory provisions of Rule 216 - Termination not sustainable : 1996 (II) OLR 661 : 1997 Lab.I.C. 476.
-(1) Save as otherwise provided in this Act or the rules made thereunder, any person aggrieved by an order or direction made or issued by a Grama Panchayat under this Act or under any rule or bye-law may, within thirty days from the date of such direction or order, appeal to the Sub-divisional Officer, who may vary, set aside or confirm the said order or direction.
(2) Any person aggrieved by an order made under Sub-section (1) may, within thirty days from the date of the order, prefer a second appeal to the Collector, who may vary, set aside or confirm the said order.
(3) The appellate authority may, if he thinks fit, extend the period allowed by Sub-section (1) or (2), as the case may be, for filing an appeal.
(4) The appellate authority shall have power to award costs at his discretion.
When an order or direction of the kind specified in Section 133 is subject to appeal and an appeal has been filed, all proceedings to enforce such order or direction and all prosecution for a breach thereof may, by order of the appellate authority, be suspended pending the decision of the appeal.
(1) Subject to such rules as may be prescribed a Grama Panchayat may, either before or after the institution of proceedings, compound an offence against this Act or any rule or bye-law made thereunder.
(2) When an offence has been compounded no further proceedings shall be taken against the offender in respect of the offence so compounded.
(3) All sums paid by way of compensation under this section shall be credited to the Grama Fund.
The Sarpanch of any Grama Panchayat and any other member, officer or servant thereof specially authorised in this behalf by the Grama Panchayat may enter into or upon any building or land, with or without assistants or workmen, in order to make an inspection or survey or to execute a work which a Grama Panchayat is authorised by this Act or by rules or bye-laws made thereunder, to make or execute, or which it is necessary for a Grama Panchayat for any of the purposes or in pursuance of any of the provisions of this Act or of the rules or bye-laws to make or execute :
Provided that-
(a)except when otherwise expressly provided in this Act or in the rules or bye-laws no such entry shall be made between the hours of sunset and sunrise;
(b)except when otherwise expressly provided in this Act or in
(1) No suit or other legal proceedings shall be instituted against a Grama Sasan or a Grama Panchayat or against member, Sarpanch, Naib-Sarpanch, officer or other employee of the Grama Panchayat or against any person acting under its or his direction for anything done or purporting to have been done under this Act, until the expiration of one month next after notice in writing has been, in the case of Grama Sasan or Grama Panchayat, delivered in or left at the office of the Panchayat and in the case of a member, officer or servant or any person acting under his direction or the direction of the Grama Panchayat, delivered to him or left at his office or place of residence, explicitly stating the cause of action, the nature of the reliefs sought, the amount of compensation, if any, claimed and the name and place of residence of the intending plaintiff ; and the plaint shall contain a statement that such notice has been so deliv
No suit or prosecution shall be entertained in any Court against a Grama Sasan or Grama Panchayat or the Sarpanch, Naib-Sarpanch or any other member or officer or other employee thereof or any person acting under its or his direction in respect of anything in good faith done or intended to be done under this Act or any rule or bye-laws made thereunder.
CASE LAW :
Sec. 139 - Sarpanch acting what is prohibited under law-He cannot take advantage of protection of having done in good faith.
Held, there being specific prohibition under the rules, the act cannot be said to have been done in good faith - Therefore, the protection under Section 139 of the Act is also not available to the respondent in this case : 1986 (I) OLR 137 : 1986 Cr LJ 1025.
Every Police Officer shall give immediate information to the Grama Panchayat of an offence coming to his knowledge which has been committed against this Act or any rule or bye-laws made thereunder and shall assist all members and servants of the Grama Panchayat in the exercise of their lawful authority.
(1) Whoever after ceasing to hold office as Sarpanch, Naib-Sarpanch, member, officer or other employee of the Grama Panchayat and having remained in possession at the time of such cessation, of any document, cash, valuable security or other property which or the custody whereof lawfully belongs to the Grama Sasan, without sufficient cause fails to deliver up the same within seven days from the date of such cessation-
(a)in the case of the Sarpanch, to his successor in office or to the Collector or any other person authorised by him in that behalf; and
(b)in any other case to the Sarpanch or any employee of the Grama Panchayat authorised by the Sarpanch in that behalf,
shall without prejudice to any other liability under this Act or any other law for the time being in force, on conviction, be p
The State Government may, by notification from time to time, direct that any of their powers and functions under this Act, subject to such conditions and restrictions as they may impose, and except the powers conferred on them by Sections 3, 71, 73, 81, 100, 109, 1 15, 116, 117, 120, 150, 151 and 152 shall be exercised or discharged by any officer or authority subordinate to the State Government.
All members of a Grama Panchayat or of any Committee thereof constituted under this Act and all officers and other employees of a Grama Panchayat, every contractor or agent appointed by it for collection of any tax, toll, rates or fees and every person employed by such contractor or agent, shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code (45 of 1860) and in the definition of "legal remuneration" in Section 161 of the said Code, the word "Government" shall for the purpose of this section, be deemed to include a Grama Sasan and a Grama Panchayat.
CASE LAW :
Sec. 143 -A Sarpanch is a public servant and is employed in connection with the affairs of the State-Not removable by any authority other than the State : 1986 (I) OLR 137 : 1986 Cr LJ 1025.
Every member, Sarpanch and Naib-Sarpanch and every member of any Committee constituted under this Act shall be personally liable for the misapplication of any Fund or property of the Grama Sasan to which each has been a party or which has happened through or being felicitated by gross neglect of his duty as a member, Sarpanch or Naib-Sarpanch, as the case may be, and may be used for recovery of the money or property so misapplied or loss suffered thereby either by the Grama Sasan or by the State Government.
Every officer or other employee of the Grama Sasan shall be personally liable for the loss, waste, misappropriation or misappilcation of any money or other property held for the administration of the Grama Sasan where such loss, waste, misappropriation or misapplication is a direct consequence of his neglect or misconduct in his capacity as a servant of the Grama Sasan and a suit for compensation for the same may be instituted against him either by the Grama Panchayat or by the State Government.
(1) Notwithstanding anything in any other law for the time being in force disputes in respect of any matter arising under the provisions of this Act or any other law-
(a)between two or more Grama Sasans-
(i)if within the same Block shall be decided by the Samiti;
(ii)if within different Blocks in the same district shall be decided by the Parishad;
(iii)if within different districts shall be decided by the Revenue Divisional Commissioner having jurisdiction or such Commissioner as may be authorised by the State Government in that behalf;
(b)between one or more Grama Sasans and any other local authority-
(i)if within the same district shall be decided by the Coll
(1) Save as otherwise expressly provided in this Act where any dispute arises between the Grama Sasan and any person as regards the ownership of or interest in any property vested in or under the management, direction or control of the Grama Sasan, the Grama Panchayat shall give such person an opportunity of being heard and decide by order giving reasons therefor to be recorded in writing, whether the ownership of or interest in such property is to be treated as that of the Grama Sasan.
(2) Any person aggrieved by an order under Sub-section (1) may appeal to the prescribed authority within the time and in the manner as may be prescribed.
(3) Any such person dissatisfied with the order in the appeal, if any, under Sub-section (2) may within six months from the date of such order institute a suit in a Court of competent jurisdiction for es
-(1) Where a new Grama is constituted by the inclusion in one Grama or a part of another Grama-
(a)the new Grama Panchayat for the new Grama shall comprise of-
(i)the members of the Grama Panchayat of the Grama whose area is increased;
(ii)the Sarpanch and Naib-Sarpanch of the said Grama Panchayat who shall hold office as such in the new Grama Panchayat; and
(iii)the members of the Grama Panchayat of the Grama whose area is reduced, representing the area by which it is so reduced;
and the term of office of the new Grama Panchayat shall be the remainder of the term of the Grama Panchayat referred to in Sub-clause (i);
(b)the members specified in Sub-clause (iii)
-(1) (a) Whenever the State Government, decide upon a general re-organisation of the Gramas within the State they may for the said purpose by order direct all steps to be taken in accordance with this Act and the rules made thereunder in the matters of redelimitation of Gramas, division thereof into wards and for the constitution of Grama Panchayats for such Gramas.
(b) The redelimitation, division and constitution made in pursuance of an order under Clause (a) shall not affect the constitution of the existing Grama and Grama Panchayats but shall have effect only on the date following the date of expiry of the term, or, as the case may be, extended term of office of the existing Grama Panchayats and the new Grama Panchayats shall enter office on the date earlier mentioned.
(2) The State Government may, as in their opinion the expediency
-(1) The State Government may, after previous publication, make rules not inconsistent with the provisions of this Act to carry out all or any of the purposes thereof 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 powers such rules may provide for-
(i)regulating the duties, functions and powers of a Grama Panchayat;
(ii)generally determining relations between Parishads, Samitis and Grama Panchayats and for the guidance of Grama Panchayats in all matters connected with the carrying out of the provisions of this Act;
(iii)fees payable in respect of applications, including applications for appeal, review or revision that may be filed b
(1) Subject to such rules as may be made the Grama Panchayat may with the approval of the State Government make bye-laws for carrying out any of the purposes for which it is constituted.
(2) The State Government shall have power to make rules regarding the procedure for making of bye-laws, the publication thereof and the date on which they shall come into effect.
(1) The State Government may from time to time with a view to ensure the proper functioning of the Grama Sasans, Palli Sabhas and Grama Panchayats and the proper implementation of the provisions of this Act and the rules made thereunder issue such administrative orders, ditections and instructions as they deem fit not inconsistent with the aforesaid provisions for the guidance of the aforesaid bodies.
(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 State Government may, as occasion may require, do anything which appears to them necessary for the purpose of removing the doubt or difficulty.
(1) The Orissa Grama Panchayats Act, 1948 (Orissa Act 15 of 1948) (hereinafter referred to as the said Act) is hereby repealed:
Provided that-
(a)repeals or amendments of any other enactment by the said Act shall continue to have force and effect as fully and effectively as if such repeals or amendments had been done by virtue of this Act;
(b)Gramas, Grama Sasans, Grama Panchayats, Committees and Grama Funds constituted under the said Act shall be deemed to have been constituted under this Act;
(c)members, Sarpanches and Naib-Sarpanches holding office in a Grama Panchayat immediately before the date of commencement of this Act shall continue to hold office after the said date and shall, subject to the notification, if any, issued under the provision
(1) All rules, orders, bye-laws, notices or notifications made or issued under the said Act in respect of matters relating to the Panchayat Police and the Adalti Panchayats specified in Clause (e) of the first proviso to Sub-section (1) of Section 153 shall continue to apply as if made or issued under this Act and may by like instruments made or issued thereunder, be cancelled, altered or modified or as the case may be, made or issued for the first time for any of the said purposes by the corresponding authority or in case of doubt or difficulty by such authority as the State Government may direct.
(2) Without prejudice to the generality of Sub-section (1) the provisions thereof shall in particular apply in respect of rules, orders, bye-laws, notices or notifications in respect of the following matters relating to the Panchayat Police and the Adalti Panchayat, namely :
&nb
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