The Odisha Panchayat Raj Finance Commission (Miscellaneous Provisions) Act, 1993

(1) This Act may be called the Orissa Panchayati Raj Finance Commission (Miscellaneous Provisions) Act, 1993. (2) It shall come into force on such date as the State Government may, by notification, appoint.

In this Act, unless the context otherwise requires.- (a) "commission" means the Finance Commission constituted by the Governor pursuant to clause (1) of Article 243-I of the Constitution; (b) "Grama Panchayat" means a Grama Panchayat constituted under the Orissa Grama Panchayats Act, 1964; (c) "Member" means a member of the Commission and includes the Chairman thereof; (d) "Panchayati Raj institution" means a Grama Panchayat or a Samiti or a Parishad; (e) "Parishad" means a Zilla Parishad constituted under the Orissa Zilla Parishad Act, 1991; (f) "Prescribed" means prescribed by rules; (g) "Rules" means rules made under this Act; (h) "Samiti" means a Panchayat Samiti constituted under the Orissa Panchayati Samiti Act, 1959.

In Section 2 of the principal Act,- (i) after clause (b), the following clause shall be inserted, namely :- '(b-1) "institution" means any Panchayati Raj Institution or a Municipality'; and (ii) after clause (c), the following clause shall be inserted, namely :- '(c-1) "Municipality" means a Municipality as defined in the Orissa Municipal Act, 1950'.

In the Principal Act, for Sections 3, 4 and 5, the following Sections shall be substituted, namely :- "3. The Commission shall consist of a Chairman and four other members out of whom one shall be appointed as the Member-Secretary: Provided that Governor may increase the number of such other members if he considers it so expedient in the interest of the Panchayati Raj Institutions and Municipalities. 4. (1) The Chairman of the Commission shall be,- (a) a serving or a retired Judge of the High Court ; or (b) a person of eminence with substantial experience in public affairs ; or (c) a serving or retired Government Servant with wide experience in the field of administration ; or (d) an eminent economist. (2) The members other than Member-Secretary of the Commission shall be selected from among the persons who- (a) have special knowledge in public finance and accounts ; or (b) have had wide experience in the field of public finance and administration ; or (c) have special knowledge and experience relating to local self-Government in both urban and rural areas ; or (d) have special knowledge of economics. 5. The Member-Secretary of the Commission shall be appointed by the Governor from amongst officers belonging to the All India Service or any State Cadre, who have had at least ten years of service under the State Government and have adequate knowledge in public finance."

In section 8 of the principal Act,- (i) for sub-sections (1) and (2) the following sub-sections shall be substituted, namely:- "(1) Every member including the Chairman of the Commission shall hold office for such period as may be specified in the notification of the Governor appointing him, but shall be eligible for re-appointment: Provided that he may, by letter addressed to the Governor, resign his office. (2) The members of the Commission shall render, whole time or part-time service to the Commission as the Governor may, in each case, specify."; and (ii) in clause (c) of sub-section (3), after the words "Panchayati Raj Institution", the words "or Municipalities" shall be inserted.

Before appointing a person to be a member, the Governor- (i) shall satisfy himself that such person will have no such financial or other interest as is likely to affect prejudicially his functions as such member; and (ii) shall also satisfy himself from time to time with respect to every member that he does not have any interest as mentioned in clause (i), and any person who is, or whom the Governor proposes to appoint to be, a member shall, whenever required by the Governor so to do, furnish to him such information as the Governor considers necessary for the performance by him of his duties as a member.

A person shall be disqualified for being appointed or for continuing as a member, if he- (a) is of unsound mind; (b) is an undischarged insolvent; (c) has been convicted of an offence involving moral turpitude: or (d) has such financial or other interest as is likely to affect prejudicially his functions as a member.

(1) Every member shall hold office for a period of five years commencing on the date on which the order of the Governor constituting the Commission is published in the Gazette and shall be eligible for reappointment. (2) Notwithstanding anything in sub-section (1) a member may, by writing under his hand addressed to the Governor, resign from the office at any time. (3) The Governor shall remove a person from the office of member, if that person- (a) refuses to act or becomes incapable of acting; or (b) is, without obtaining leave of absence from the Chairman, absent from three consecutive meetings of the Commission; or (c) has, in the opinion of the Governor, so abused the position of Chairman or member as to render that person's continuance in office detrimental to the interests of the Panchayati Raj institutions; or (d) has ceased to have the eligibility qualification as provided in Section 4; or (e) becomes subject to any of the disqualifications specified in Section 7: Provided that no person shall be removed under clause (c) until that person has been given an opportunity of being heard in the matter.

(1) The Commission shall, in the performance of their functions, have all the powers of a Civil Court while trying a suit, in respect of the following matters, namely:- (a) requiring the production of any document, information or data from the Panchayati Raj institutions; (b) summoning and enforcing the attendance of any authority or official connected with the affairs of the Panchayati Raj institutions and requiring them to furnish information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, any matter under consideration of the Commission or connected with the affairs of the Panchayati Raj institutions. (2) In the performance of their functions, the Commission shall also have the powers to- (a) enter into the premises of any panchayati Raj institution to inspect its functioning; and (b) review the day-to-day income and expenditure of any such institution and to examine- (i) the pattern of assistance required from the Government for such institutions; (ii) the principles which shall govern the grant-in-aid from the Government to such institutions; (iii) the measures directed towards maintaining a sound financial position of such institutions including the power to impose taxes and fees; (iv) such other matters as they may consider appropriate for the purpose of laying a sound financial base for such institutions to enable them to discharge their powers and functions effectively.

Any casual vacancy in the office of the Chairman or of a member due to death, resignation, removal or otherwise shall be filled up by the Governor by fresh appointment in accordance with this Act of a person thereto, who shall hold office for the unexpired period of the term of the Chairman or the member in whose place he is so appointed.

(1) The office of the Chairman and of every other member shall be honorary; provided that the Chairman and the other members may be paid such honorarium as the State Government may, by rules, determine from time to time. (2) The Chairman and the other members shall be paid travelling allowance at such rate as the State Government may, by rules, determine from time to time.

(1) The State Government shall provide the Commission with such officers and employees as may be necessary for the efficient performance of the functions of the Commission. (2) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and employees appointed for the purpose of the Commission shall be such as may be prescribed.

In the principal Act, in sub-section (2) of section 13, for the word "Secretary", the words "Member-Secretary" shall be substituted.

In the principal Act, in Section 15, sub-section (2) shall be omitted.