Chapter VII MISCELLANEOUS

1. (1) A shall not be eligible to stand for election under sub-section (2) of section 16 if he-
   • (a) * * * * * *
   • (b) is not ordinarily residing within the Block ; or
   • (c) is of unsound mind ; or
   • (d) is an applicant to be adjudicated as an insolvent or is an undischarged insolvent ; or
   • (e) is a deaf-mute or is suffering from leprosy or tuberculosis ; or
   • (f) is convicted of an election offence under any law for the time being in force ; or
   • (g) is not a citizen of India ; or
   • (h) is convicted for an offence involving moral turpitude ; or
     • (i) holds any office of profit under the State or Central Government or any local authority ; or
   • (j) is a teacher in any school recognised under the provisions of the Orissa Education Code for the time being in force ; or
   • (k) holds the office of a Minister either in the Central or in the State Government ; or (k-1) is a member of the House of the People or of the Council of States or of the State Legislative ; or
   • (l) has been dismissed from service of the State or Central Government or any Local authority ; or
   • (m) has been in arrears of any tax, fee or rate due by him to any Grama Panchayat for a continuous period of two years ; or (m-1) being a member of any society registered under the Orissa Co-operative Societies Act, 1951 has failed to pay any arrears of any kind accrued due by him to such society for a continuous period of two years or more ; or
   • (n) is in the habit of encouraging litigation in the villages and has been declared to be so on enquiry by the prescribed authority in the prescribed manner ; or
   • (o) is interested in a subsisting contract made with or any work being done for the Samiti or, any Government except as a share-holder other than a Director in a Company or except as may be prescribed; or
   • (p) is a paid and retained legal practitioner on behalf of the Samiti : Provided that the disqualification under clause (k) of (1) may be removed by the Government in the prescribed manner.
2. (2) An elected member of a Samiti including the Chairman and Vice-chairman shall cease to be a member if he-
   • (i) is not ordinarily residing within the Block or ceases to so reside or is or becomes subject to any of the other disqualifications specified in sub-section (1) ; or
   • (ii) has been continuously absent from the Block for more than six months without prior intimation in writing,-
   • (a) in the case of a Chairman, to the Samiti;
   • (b) in the case of any other member or Vice-Chairman, to the Chairman; or
     • (iii) has absented himself from three consecutive ordinary meetings of the Samiti without the previous permission in writing of the Samiti; or
     • (iv) being a legal practitioner appears or acts as such against the Samiti.
3. (3) Where a person ceases to be a member under clause (f) of sub-section (1), he shall be restored to office for such portion of the term of office as may remain unexpired as the date of such restoration, if the sentence is reversed or quashed on appeal or revision or the offence is pardoned or the disqualification is removed by an order of the Government and any person filling the vacancy in the interim period shall, on such restoration, vacate the office.

A.

District Judge to decide question of disqualification B.

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

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

45D. Omitted D. Omitted

46. Resignation of Chairman, Vice-Chairman and members The Chairman, Vice-Chairman or any member of the Samiti may resign his office as such Chairman, Vice-Chairman or member by giving notice in writing to the Samiti. Except in a case where the person resigning delivers the notice of resignation personally to the Block Development Officer, such officer shall, on receipt of a notice of resignation, obtain confirmation from the person concerned as to its genuineness. A resignation delivered personally or confirmed as aforesaid shall take effect on and from the date on which the notice was received.

46A. Cessation of membership of Sarpanch in the Samiti A.

1. (1) Notwithstanding anything contained in any law for the time being in force the Sarpanch of a Grama Panchayat shall cease to be the Sarpanch with effect from the date on which he ceases to be a member of the Samiti, by tendering his resignation or otherwise.
2. (2) In the case of dissolution or supersession of a Grama Panchayat the Collector shall nominate a person to represent the Grama Panchayat in the Samiti during the period of such dissolution or supersession ; provided that such person is otherwise eligible to be elected as a member of such Grama Panchayat and the person so nominated shall for all purposes be deemed to be a member of the Samiti. 46B. Vote of no confidence against Chairman and Vice-Chairman of Samiti B.
3. (1) Where at a meeting of the * * * Samiti specially convened in that behalf resolution is passed, supported by a majority of '[no less than two-thirds of] the total number of members having a right to vote, recording want of confidence in the Chairman or, Vice-Chairman of such * * * Samiti the, resolution shall, forthwith be published by such authority and in such manner as may be prescribed and with effect from the date of such publication the Chairman or Vice-Chairman, as the case may be, shall be deemed to have vacated office.
4. (2) In convening a meeting under sub-section (1) and in the conduct of business at such meeting the procedure herein specified shall be followed, namely-
   • (a) no such meeting shall be convened except on a requisition signed by at least one-third of the total number of members with a right to vote, along with a copy of the resolution proposed to be moved at the meeting ;
   • (b) [the Subdivisional Officer] ;
   • (c) [the Subdivisional Officer] on receipt of such requisition shall fix the date, hour and place of such meetings and give notice of the same to all the members with a right to vote, along with a copy of the requisition and of the proposed resolution, at least seven clear days before the date so fixed ;
   • (d) the Subdivisional Officer or when he is unable to attend, any other gazetted officer not below the rank of a Sub-Deputy Collector authorised by him, shall preside over and conduct the proceedings of the meeting ;
   • (e) the voting at all such meetings shall be by secret ballot ;
   • (f) no such meeting shall stand adjourned to a subsequent date and no item of business other than the resolution for recording want of confidence in the Chairman or the Vice-Chairman shall be taken up for consideration at the meeting ; (f-1) no such resolution shall be taken up for consideration unless it has been proposed by one member and has been seconded by another member at the meeting ; (f-2) after the resolution is taken up for consideration the member proposing the resolution may open the discussion thereon and other members may speak on the resolution in the order in which they are called upon by the Presiding Officer : Provided that no member shall, unless so permitted by the Presiding Officer, have the right to speak more than once and if any member who is called upon does not speak he shall not be entitled, except by the permission of the Presiding Officer, to speak at a later stage of the discussion ; (f-3) where the Chairman or, as the case may be, the Vice-Chairman, against whom the resolution has been tabled, is present, he shall be given an opportunity to speak by way of reply to the resolution and the discussion made at the meeting ; (f-4) the presiding officer may fix the time within which each member, including the Chairman and Vice-Chairman, shall conclude his speech ;
   • (g) if the number of members present at the meeting is less than [a majority of two-thirds] of members having a right to vote the resolution shall stand annulled ; and
   • (h) if the resolution is passed at the meeting supported by [a majority of two-thirds] of members having a right to vote, [the Sub-divisional Officer] shall forward the resolution to the authority prescribed in pursuance of sub-section (1).
5. (3) When a meeting has been held in pursuance of a requisition under sub-section (2) for recording want of confidence in the Chairman or Vice-Chairman, as the case may be, no fresh requisition for a meeting shall be maintainable before the expiry of-
   • (a) thirty days from the date of the meeting in case falling under clause (g) of sub-section (2), and
   • (b) [one year] from the date of the meeting, in cases falling under clause (h) of the said sub-section or where the resolution is defeated after being considered at such meeting.
6. (4) Without prejudice to the provisions of sub-section (3) no requisition under sub-section (2) shall be maintainable in the case of a Chairman or Vice-Chairman, as the case may be, before the expiry of one year from the date on which such Chairman or Vice-chairman enters office. 46C. Term of office of Chairman of Samiti and of the existing non-official members C.
7. (1) The term of office of the Chairman of the * * * Samiti shall be '[five years].
8. (2) The aforesaid period of '[five years] shall include any period that may elapse between the expiry of that period and the date on which the succeeding Chairman takes office. 46D. Extension of the term of office of elected members D. The Government whenever they deem or find it expedient so to do may, by notification extend from time to time the term of office of the elected members, including that of the Chairman of all or any of the Samitis * * * so however that the total extension in respect of any Samiti * * * does not in the aggregate exceed two years:] Provided that-
   • (a) notwithstanding anything contained in any other provision of this Act, if at any time, the Government, either on petition filed in that behalf or upon their own motion, are satisfied that the holding of a free and fair election for reconstituting all or any of the Samitis * * * is likely to be hampered due to the activities of the elected members including that of the Chairman of any such Samiti * * * ,they may, in the general interest of the public, by notification, reduce the term of office of the said elected members and the Chairman as extended under this section by such period as they deem fit and thereupon the members and the Chairman as aforesaid shall cease to hold office;
   • (b) no such notification shall be issued more than two months prior to the holding of general election to the Grama Panchayats;
   • (c) nothing contained in section 49 shall apply in relation to the members and Chairman in respect of whom a notification has been issued under clause (a); and
   • (d) during the period beginning with the date of such notification and until the reconstitution of the Samiti * * * all or any of the powers and duties of the Samiti * * * and its Chairman shall be exercised and discharged as far as may be and to such extent as the Government may determine by such person as they may appoint in that behalf. 47. Filling of casual vacancies
9. (1) If the elected members of the Samiti ceases to be a member by reason of his death, resignation or otherwise thi vacancy so caused shaii be filled up, so far as may be , in the manner provided under subsection (2) of section 16 and the members so eIected shall hold office for the unexpired term of the member in whose place he has been elected.
10. (2) If the Chairman of the Samiti ceases to be such Chairman by reason of his resignation or other wise the vacancy so caused shall be filled up, so far as may be, in the manner provided under sub-section (3) of section 16 and the person filing up such vacancy shall hold ofice for the unexpired term of the Chairman in whose place he has been elected.
11. (3) Notwithstanding anything corn ained in sub-section (I) or sub-section (Z), where a, vacancy occurs under any of the said subsections and the tcrm of ocfie of the member or the Chairman, as the case may be, would, in the ordinary course, of events, have expired within six months of the occurrence of the vacancy, the State Government may direct that the vacancy be left unfilled until the next general election : Provided that the said vacarlcies shall bz filled in the manner provided in sub-section (I) or, as the case may be, sub-spction
12. (2) if the tern of office of the elected members including that of the Chairman of tkx Samiti is extended under section 46-D. 48. Vacancy not to invalidate proceedings No act or proceeding of the Samiti shall be questioned on account of any vacancy in the membership or any defect or irregularity in any such act, or proceeding not affecting the merits of the case. 49. Interim period to be within the term of office
13. (1) The term of office of a non-official member of the Samiti, other than those who have been elected therto, shall be deemed to include any period which may elapse between the date on which the member ceases to be a Sarpanch and the date from which the succeeding member holds office in the Samiti.
14. (2) The term of ofice of the member elected under sub-section (2) of section 16 shall be, if at the date of the expiry of the term of office specified in subsection (4) of section 16, the remaining non-official members in the Samiti do not include a woman or a member of the Scheduled Caste or Scheduled Tribe, as the case may be, deemed to include the period between the date aforesaid and the date from which the succeeding member holds office in the Samiti. 50. No members to receive remuneration
15. (1) No non-official member of a Samiti shall receive or be paid any salary or other remuneration for services rendered by him in any capacity whatsoever except with the sanction of the Government but shall be allowed travelling allowance for such purposes and at such rates as may be prescribed.
16. (2) The official members of the Samiti shall be entitled to travelling allowances according to rules applicable to them. 51. Appointment of employees of the District Board, Local Board, etc., to the Parishad, Samiti, etc
17. (1) Notwithstanding anything contained in any law, rule, order or contract in force on the date of constitution of a Samiti the Government may direct that the employees of any District Board, shall be appointed under the Samiti or the Government according to their qualification and nature of duties assigned to them in the said Board and therupon such employees shall be employees of the said District Board become employees of the Samiti or as the case may be. Such employees shall, as far as practicable, be appointed to posts of grade or class similar to the one they were holding previously.
18. (2) The appointment under sub-section (1) shall be deemed to be a continuation of service of the employees and he shall be entitled to the benefits of his previous service as regards leave or provident fund, if any, accrued to him before such appointment. 52. Chairman, Vice-Chairman and employees to be public servants
19. (1) The Chairman, the Vice-Chairman and the employees of the Samiti shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
20. (2) The employees of the Samiti shall be governed by the Orissa Government Servants' Conduct Rules, 1959. 53. Protection of action taken under the Act No suit, prosecution or other legal proceeding shall lie against any person in respect of anything done or intended to be done in good faith under this Act or the rules made thereunder. 54. Notice of suit or proceeding No suit or other legal proceedings, shall be instituted against any Samiti or the Chairman, member or employee thereof in respect of any act purporting to be done by them in their official capacity, until the expiration of two months next after notice in writing has been delivered to or left at the office of-
    • (a) in the case of a suit or proceeding against the Samiti, the Chairman; and
    • (b) in the case of a suit or proceeding against the Chairman, member or employee, delivered to them or left at their office stating the cause of action, the name, description and place of residence of the plaintiff or petitioner and the relief which he claims and the plaint or petition shall contain a statement that such notice has been so delivered or left. 54A. Revision and review A.
21. (1) The Government may, either suo motu or on an application from any person interested, call for and examine the record of a Samiti in respect of any proceeding (including any proceeding under section 46-B) or the correctness, legality or propriety of any decision or order passed therein and if, in any case, it appears to the Government that any such decision or order should be modified, annulled or reversed or remitted for reconsideration, they may pass orders accordingly: Provided that the Government shall not pass any order prejudicial to any party unless such party has had an opportunity of making a representation.
22. (2) The Government may stay the execution of any such decision or order pending the exercise of their powers under sub-section (1) in respect thereof.
23. (3) The Government may, suo motu at any time or on an application received from any person interested within ninety days of the passing of an order under sub-section (1), review any such order if it was passed by them under any mistake, whether of fact or of law, or in ignorance of any material fact. The provisions contained in the proviso to sub-section (1) and in sub-section (2) shall apply in respect of any proceeding under this sub-section as they apply to a proceeding under sub-section (1).
24. (4) Every application preferred under sub-section (1) or sub-section (3) of this section shall be accompanied by a fee of fifteen rupees. 54B. Delegation of powers B. The Government may, by notification, delegate all or any of their powers under this Act except those conferred upon them by sections 20, 39, 41, 42, 57, 57-A and 58 to any person or authority subordinate to them and may, in like manner, withdraw any power so delegated. The exercise of any powers delegated under this section shall be subject to such restrictions, limitations and conditions and to such control and revision by such authority as may be specified in the notification. 55. Limitation No suit or proceeding referred to in section 54 shall, unless it be a suit or proceeding for the recovery of immovable property or for a declaration of title thereto, be commenced after the expiry of six months from the date on which the cause of action arose or in the case of a continuing injury or damage after the expiry of six months from the date of cessation thereof. 56. Recovery of amounts due to Samiti All amounts due to be recovered under this Act shall without prejudice to any other mode of recovery be recoverable as arrears of land revenue. 57. Power to make rules
25. (1) The Government may, after previous publication, make rules consistent with the provisions of this Act to carry out all or any of the purposes of this Act and prescribe forms for any matter for which they consider that a form should be provided.
26. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-
    • (i) the conditions subject to which property may be acquired or transferred by sale, mortgage, lease, exchange or otherwise by a Samiti;
    • (ii) regulating the duties, functions and powers of a Samiti;
    • (iii) generally determining the relations between Grama Panchayats and Samitis and for the guidance of Samitis in all matters connected with the carrying out of the provisions of this Act; (iii-a) regulation of all elections under this Act including deposits to be made by candidates at an election to the office of the Chairman, the conditions for forfeiture of refund of such deposit and the qualifications of a proposer or seconder;
    • (iv) any other matter which has to be or may be prescribed under this Act.
27. (3) All rules made under this section shall be laid before the Legislative Assembly as soon as possible after they are made for a total period of fourteen days which may be comprised in one or more sessions and shall be subject to such modification as the Assembly may make during the said period. 57A. Power to make bye-laws A.
28. (1) Subject to such rules as may be made, a Samiti may, with the approval of the Collector, make bye-laws for carrying out any of the purposes for which it is constituted.
29. (2) The Government shall have power to make rules regarding the procedure for making of bye-laws under this section, the publication thereof and the date on which they shall come into effect. 58. Issue of order and removal of difficulties
30. (1) The Government may, from time to time, with a view to ensure the proper functioning of the Samitis and the proper implementation of the provisions of this Act issue such administrative orders, directions and instructions as they deem fit not inconsistent with the aforesaid provisions and the rules made thereunder for the guidance of the Samitis.
31. (2) Without prejudice to the provisions of sub-section (1) if any doubt or difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, do anything which appears to them necessary for the purpose of removing the doubt or difficulty. 58A. Omitted A. Omitted. 58B. Transitory provision B.
32. (1) Every Samiti with its members, Chairman and Vice-Chairman as on the date of its first constitution shall be deemed to have been legally and validly constituted and shall be deemed to have been vested with all powers, functions and duties under this Act fully and effectively notwithstanding the deficiency, defect, ilegality or irregularity, if any-
    • (a) in such constitution, or the nomination, election or appointment as the case may be of such members, Chairman or Vice-Chairman, or in any of the proceeding relating thereto, or
    • (b) in any of the provisions of, or in relation to any of the rules, orders, notices or notifications made or issued or purporting to have been so made or issued under this Act or any action taken or things done or purporting to have been so taken or done in pursuance of the said provisions, or
    • (c) in the constitution of or membership in the bodies forming the electorates for the purposes of election to the said Samitis.
33. (2) Where for the purposes of the first constitution of a Samiti, any nomination has been made in respect of a seat to be held by an elected member, not being a nomination made by reason of any failure on the part of an electorate to return a member, the person so nominated shall cease to hold office as member with effect from the date the member elected in accordance with the provisions of this Act and the rules made thereunder assumes charge of office; but such member shall be deemed to have held office with effect from the date of the first constitution of the Samiti. Explanation-For the purposes of this Act the 26th day of January, 1961 shall be deemed to be the date of the first constitution of the Samiti and also the date from which its members on its first constitution shall be deemed to have held office.
34. (3) The provisions of this section shall have effect notwithstanding anything to the contrary in any of the other provisions of this Act.