section 41
Dissolution and reconstitution of Samitis
The Orissa Panchayat Samiti Act, 1959Infrastructure195986 sections1 chapters
Statutory text
- (1) If in the opinion of the Government a Samiti is not competent to perform or persistently makes default in performing the duties imposed on it by law or exceeds or abuses its powers they may, by notification published in the prescribed manner, direct that the Samiti be dissolved and immediately reconstituted. The notification shall specify the time within which the Samiti shall be reconstituted: Provided that for the purpose of completing the elections to a Samiti which has been dissolved, the Government may from time to time, extend the time fixed by them under this sub-section for its reconstitution.
- (2) Before publishing a notification under sub-section (1) the Government shall communicate to the Samiti the grounds on which they propose to do so, fix a reasonable period for the Samiti to show cause against the proposal, and consider the explanations and objections, if any, of such Samiti.
- (3) Upon the publication of such a notification all the members of the Samiti including its Chairman shall forthwith be deemed to have vacated their offices as such and fresh elections shall be held in the prescribed manner.
- (5) During any interval between the dissolution and the reconstitution of a Samiti directed under sub-section (1), all or any of the powers and duties of the Samiti and its Chairman may be exercised and discharged as far as may be and to such extent as the Government may determine by such person or persons as they may appoint in that behalf.
- (6) For all or any of the reasons specified, in sub-section (1) the Government may, by notification published in the prescribed manner instead of dissolving a Samiti and reconstituting it, supersede it for any period which they may deem fit. Thereupon the relevent provisions of section 42 shall, mutatis mutandis apply.
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