Chapter I Chapter I

The State Government may by notification declare, for the purposes of this Act, any compact local area not overlapping the boundaries of a district to be an Anchal and specify the name of the Anchal and constitute an Anchal Sasan for the same: Provided that the State Government may after making such enquiry and in such manner as may be prescribed, by notification, (i) exclude from any Anchal any area comprised therein, or (ii) include in any Anchal any area contiguous to the same and within the same district, or (iii) cancel or modify a notification under this section, or (iv) alter the name of any Anchal: Provided further that the area within the jurisdiction of any of the Municipal Councils specified in Schedule III to this Act shall not be included in any Anchal.

Every Anchal Sasan shall be a body corporate by the name of the Anchal for which it is constituted and shall have perpetual succession and a common seal with power to acquire and hold property both movable and immovable and subject to the provisions of this Act or of any rules made thereunder, to transfer any property held by it, to enter into contracts and to do all other things necessary for the purpose of carrying out the provisions of this Act and may sue and be sued in its corporate name.

There shall be for every Anchal Sasan an Anchal Sabha as hereinafter constituted and save as otherwise expressly provided by or under this Act the powers, duties and functions of the Anchal Sasan shall be exercised, performed and discharged by the said Anchal Sabha: Provided that pending the formation of an Anchal Sabha the State Government may nominate an Officer not below the rank of a Deputy Collector who shall exercise all the powers on behalf of the Anchal Sabha subject to such general orders or special directions as the State Government may from time to time issue in this behalf.

Save as otherwise expressly provided by or under this Act, the executive power of the Anchal Sabha for the purpose of carrying out the provisions of this Act shall be exercised by the Anchal Executive Officer appointed under section 79, who shall act under the authority of the said Anchal Sabha.

On the declaration of an area as an Anchal under section 4 the State Government shall notify the division of the Anchal into areas of representation for the constitution of an Anchal Sabha in the following manner:— (a) the area within the jurisdiction of a Municipal Council, Grama Panchayat or a Notified Area Council shall each be an area of representation; (b) all villages not falling within a Grama Panchayat or any Municipality or Notified Area Council shall be grouped into different compact areas each having a population of not less than two thousand but not exceeding four thousand inhabitants and each such area shall be an area of representation.

An Anchal Sabha shall consist of— (a) Members duly elected under section 10; and (b) Members duly co-opted in the prescribed manner under section 11 for special representation of women, Scheduled Castes, or Scheduled Tribes.

(1) Within fifteen days of the declaration of the division of an Anchal into areas of representation, the Collector shall call upon each Grama Panchayat and each Municipality or Notified Area Council within the Anchal to duly elect from amongst the persons residing within their respective jurisdictions, a representative to the Anchal Sabha and such Grama Panchayat, Municipality or Notified Area Council shall thereupon elect a representative in the prescribed manner: Provided that nothing herein contained shall debar a member or councillor, as the case may be, of such Local authority from being so elected to the Anchal Sabha. (2) For an area of representation for which there is no Grama Panchayat, Municipality or Notified Area Council, there shall be elected in the prescribed manner a representative from amongst the persons ordinarily residing in the said area, to the Anchal Sabha.

(1) Whenever a Grama Panchayat, Municipality or Notified Area Council has been abolished, superseded or dissolved, as the case may be, or where the membership in such Local authority, of a representative elected under section 10 expires by efflux of time or ceases otherwise, the representative elected by such Local authority under the said section shall cease to hold office in the Anchal Sabha. If such a Grama Panchayat, Municipality or Notified Area Council is not formed or reconstituted, within the prescribed time in the area of representation, the Anchal Sabha may, in the prescribed manner, co-opt a Member from the said area, who shall continue to hold office pending such formation or reconstitution. (2) If a Grama Panchayat, Municipality or Notified Area Council is formed newly in an Anchal co-terminus with one or more areas of representation, the Members elected under sub-section (2) of section 10 for such area or areas of representation of the Anchal shall vacate the seat from the date on which the notification of election of a representative from the newly formed Local authority to the Anchal Sabha is published. (3) If a Grama Panchayat, Municipality or Notified Area Council is newly formed in an Anchal and its area instead of being co-terminus with the area or areas of representation overlaps other area or areas so as to include a portion or portions thereof in the newly formed Grama Panchayat, Municipality or Notified Area Council, the Members elected under sub-section (2) of section 10 prior to such overlapping for such area or areas of representation shall cease to hold office from the day of re-election as hereinafter provided. The State Government shall, consequent to such overlapping redistribute the area or areas of representation as new areas of representation under clause (4) of section 8 and Members shall be re-elected for such areas in the manner provided in sub-section (1) of section 10. (4) Within fifteen days of the first meeting of the Grama Panchayat, Municipality or Notified Area Council newly formed or reconstituted by a general election the Anchal Executive Officer shall call upon the Grama Panchayat, Municipality or Notified Area Council to elect its representative in the prescribed manner to the Anchal Sabha and the Grama Panchayat, Municipality or Notified Area Council concerned shall elect such representative in the prescribed manner. (5) If a seat in an Anchal Sabha falls vacant under the provisions of this Act or rules made thereunder, the Anchal Executive Officer shall call upon the area of representation concerned to elect or move the Anchal Sabha to co-opt, as the case may be, a new representative to the Anchal Sabha.

(1) If any person is elected to more than one area of representation or is elected to more than one Anchal Sabha, he shall, by notice in writing signed by him and delivered to the Collector within the prescribed time and manner, declare for which of the areas of representation or Anchal Sabhas, he elects to serve and such declaration shall be conclusive. (2) When any such declaration has been made his seat in other areas of representation or the Anchal Sabha for which such person was elected, shall fall vacant. (3) If the candidate does not make the declaration referred to in sub-section (1) within the prescribed time the election of such person shall be void in all the areas of representation or the Anchal Sabhas concerned and action shall be taken for election to all the vacancies.

(1) No person shall be eligible for election or co-option as a Member of the Anchal Sabha, if such person— (a) is not a citizen of India ; or (b) is appointed a Member of the Council of Ministers, or elected as Speaker of the Orissa Legislative Assembly ; or (c) has been adjudged by a competent court to be of unsound mind or is under twenty-one years of age ; or (d) is an undischarged insolvent or being discharged insolvent has not obtained from the Court a certificate that insolvency was caused by misfortune without misconduct on his part ; or (e) is employed as a paid legal practitioner on behalf of the Anchal Sasan or against the Anchal Sasan ; or (f) is an officer or employee holding office under the Anchal Sasan or has been dismissed from the Anchal Service ; or (g) is a Government servant either whole-time or part-time ; or (h) has been dismissed from Government service ; or (i) being an employee of any Local authority whether whole-time or part-time has been dismissed from service by the said Local authority ; or (j) is a habitual offender or has been convicted and sentenced to imprisonment for a term exceeding six months for an offence involving moral turpitude or ordered to give security for good behaviour under section 110 of the Code of Criminal Procedure, 1898; or (k) is interested in a subsisting contract made with or by or on behalf of the Anchal Sasan except as a share-holder in a co-operative society or as a Director, Secretary, Manager or any other office-holder of such society or as a share-holder in company other than a Director : Provided that a person shall not be deemed to have any interest in such contract by reason only of his having a share or interest in— (a) any lease, sale or purchase of any property or any agreement for the same ; or (b) any agreement for the loan of money or any security for the payment of money only. (2) Notwithstanding anything contained in sub-section (1) the State Government may, by order in writing remove any of the disqualifications provided in clauses (g), (i) and (j) of sub-section (1).

(1) The election of any person as a Member of an Anchal Sabha may be questioned by election petition on the ground that— (a) such person committed during or in respect of the election proceedings any corrupt practice as defined in section 28 ; or (b) such person was declared to be elected by reason of improper rejection or admission of one or more votes or for any other reason and was not duly elected by a majority of votes ; or (c) such person was disqualified for election under the provisions of this Act : Provided that no election petition shall lie on the ground of wrongful admission or rejection of nomination paper for which an appeal shall lie within such period as may be prescribed to an Additional District Magistrate whose decision in this behalf shall be final. (2) The election of any person as a member of an Anchal Sabha shall not be questioned on the ground that— (a) there was a casual vacancy in membership or there was a defect in the constitution of the Grama Panchayat, Municipality or Notified Area Council ; or (b) there was any non-compliance with the provisions of this Act or any rule made thereunder or any mistake in the forms required thereby, or any error, irregularity or informality on the part of the officer or officers charged with carrying out the provisions of this Act, or any rules, unless such non-compliance, mistake, error, irregularity or informality has materially affected the result of the election.

(1) The petition shall be presented by any candidate duly nominated in the election or by an elector of the electorate before the Additional District Magistrate together with a deposit of Rs. 100 as security for costs within fifteen days after the day on which the result of the election was notified in the Gazette and shall specify the ground or grounds on which the election of the opposite party is questioned and shall contain a summary of the circumstances alleged to justify the election being questioned on such grounds. Explanation—In this sub-section ‘ elector’ means a person who was entitled to vote at the election to which the election petition relates whether he has voted at such election or not. (2) A person whose election is questioned and all other candidates duly nominated at such election shall be impleaded as opposite parties to the petition.

Every opposite party may give evidence to prove that any person in respect of whom a claim is made that such person be declared elected in his place or in priority to him should not be declared so elected, in the same manner as if he had presented a petition against the election of such person.

(1) If after holding an enquiry in accordance with the provisions of this Act, the Tribunal finds, in respect of any person whose election is called in question by a petition, that his election was valid, it shall dismiss the petition as against such person and may award costs at its discretion. (2) If the Tribunal finds that the election of any person was invalid, it shall either— (a) declare a vacancy to have been created ; or (b) declare another candidate to have been duly elected, whichever course appears in the particular circumstances of the case, more appropriate and in either case may award costs at its discretion.

(1) A person shall be deemed to have committed a corrupt practice who directly or indirectly by himself or by any other person— (a) induces or attempts to induce by fraud, intentional misrepresentation, coercion or threat of injury, any voter to give or to refrain from giving a vote in favour of any candidate ; (b) with a view to inducing any voter to give or to refrain from giving a vote in favour of any candidate, or in consideration of any voter having voted or refrained from voting for any candidate, offers or gives any money or valuable consideration of any place or employment or holds out any promise of individual advantage or profit to any person including a promise of spiritual salvation ; (c) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of divine displeasure or of spiritual censure with a view to influence him in any way in connection with the election ; (d) systematically appeals to vote or refrain from voting on grounds of caste, race, community or religion or uses or appeals to religious and national symbols, such as, the national flag and the national emblem, for the furtherance of the prospects of a candidate’s election ; (e) employs, instigates or threatens any form of social boycott of any voter or candidate or of any one in which such voter or candidate is interested ; (f) gives or procures the giving of a vote in the name of a voter who is not the person giving such a vote ; (g) offers any money or valuable consideration to any person to induce him to withdraw from being a candidate at an election or being a candidate accepts any money or valuable consideration so offered ; (h) abets (within the meaning of the Indian Penal Code) the doing of any of the acts specified in clauses (a), (b), (c), (d), (e), (f) and (g). Explanations—(i) A ‘promise of individual advantage or profit to a person’ includes a promise for the benefit of the person himself or of any one in whom he is interested, but does not include a promise to further propose or to vote for or against any particular Anchal Sasan measure or work. (ii) No agent, clerk, messenger or other person who may in accordance with prescribed rules be employed for remuneration by a candidate at an election shall, by reason of such employment alone, be deemed to come within the provisions of this section. (iii) A corrupt practice shall be deemed to have been committed by a candidate if it has been committed with his knowledge or consent or by a person who is acting under the general or special authority of such candidate with reference to the election. (2) Every person who is guilty of a corrupt practice at or in connection with an election held under the provisions of this Act shall on conviction be punishable with imprisonment which may extend to six months or with fine or with both.

Every person who falsifies or attempts to falsify the record of an election by removing, destroying, altering or fabricating nomination papers or voting paper or by any other act or by any omission shall on conviction be punishable with imprisonment which may extend to one year or with fine or with both.

Every polling officer, who except for some purpose authorised by law, communicates to any person any information showing directly or indirectly for which candidate any voter has voted and every person who by improper means procures any such information, shall on conviction be punishable with imprisonment of either description for a term which may extend to three months or with fine or with both.

Every polling officer who permits a person to vote knowing that such person is not entitled to vote or who prevents a person from voting knowing that such person is entitled to vote shall on conviction be punishable with imprisonment which may extend to three months or with fine or with both.

No election of a Member of an Anchal Sabha shall be called in question in any Court except under the procedure provided by this Act and the rules, if any, made thereunder and no order passed by the Tribunal in any proceeding under this Chapter for hearing of an election petition shall be called in question in any Court and no court shall grant an injunction— (i) to postpone an election of a Member of an Anchal Sabha ; or (ii) to prohibit a person, declared to have been duly elected under this Act from taking part in the proceedings of the Anchal Sabha of which he has been elected a Member ; or (iii) to prohibit a Member formally elected or appointed to an Anchal Sabha from entering upon his duties.

A member of an Anchal Sabha other than the Chairman or Vice-Chairman may resign his office by writing under his hand addressed to the Chairman of the Anchal Sabha and thereupon the office shall fall vacant.

A member of an Anchal Sabha shall in the event of his failure to attend six consecutive meetings of the Sabha cease to hold office and thereupon the office shall fall vacant.

(1) Within fifteen days of the publication of the names of Members elected to a new Anchal Sabha under section 14, the Collector of the district shall call the first meeting of the said Sabha consisting of the said elected Members for the co-option of Members as provided under this Act and a Member elected by the Members present shall preside over such a meeting. The President of the meeting shall fix a date not later than fifteen days from the date of the first meeting for the purpose of election of the Chairman and the Vice-Chairman from amongst its Members. (2) On the date so fixed under sub-section (1) the Collector shall call the next meeting of the Anchal Sabha and at such meeting the said Sabha shall elect from amongst its own Members its Chairman and the Vice-Chairman. The Collector of the district or an officer, not being below the rank of a Subdivisional Magistrate, nominated by him shall preside over the meeting. (3) Within fifteen days of occurrence of any vacancy in the office of the Chairman or Vice-Chairman the Collector of the district shall call upon the Anchal Sabha to elect the Chairman or Vice-Chairman, as the case may be, at a meeting specially convened for the purpose. (4) If the Members of the Anchal Sabha fail to elect a Chairman or Vice-Chairman under sub-section (2) or sub-section (3) the State Government may fill up these offices by appointment from amongst the members of the Anchal Sabha until such time as the Anchal Sabha may elect such Chairman or Vice-Chairman in the prescribed manner. (5) The names of the Chairman and the Vice-Chairman shall be published in the Gazette.

An Anchal Sabha may grant leave of absence to its Chairman or Vice-Chairman for any period not exceeding three months in any one year and simultaneously elect a person who shall act in the vacancy during the period of leave.

An Anchal Sabha shall meet not less than six times during any year for the transaction of business and a period exceeding two months shall not be allowed to elapse between two successive meetings.

(1) As soon as may be after his election, the Chairman shall call a meeting of the Members. Notice of such meeting specifying the time and place thereof and the business to be transacted thereat shall be despatched to every Member and exhibited at the Anchal Office fifteen clear days before the meeting. (2) The date of the next meeting shall be declared by the Chairman or the President at the meeting held under sub-section (1) and notice of every such subsequent meeting specifying the time and place shall be exhibited in the Anchal Office and be deemed to be sufficient notice of such subsequent meeting. (3) The notice shall contain a list of business to be transacted in a subsequent meeting together with the time and place for such meeting and with such details and in such form as may be prescribed and be despatched to every Member and exhibited at the Anchal Office fifteen clear days before the date of meeting. (4) All matters specified in a notice under sub-sections (1) and (3) shall, subject to the approval of the Chairman or the President, as the case may be, be included in the agenda of a meeting and no business other than those specified in the said notice shall be transacted at the said meeting except with the consent of all the members present : Provided that any matter notice whereof has been given in the prescribed form and manner by a Member to be discussed at the meeting shall, if the Chairman or the President considers it relevant, be so discussed and the decision in that behalf of the Chairman or the President, as the case may be, shall be final.

The Chairman or in his absence the Vice-Chairman or in the event of either being absent or incapable of acting due to unavoidable reasons, the Anchal Executive Officer may, whenever it is required under the Act, call a meeting of the Anchal Sabha.

(1) Any meeting of the Anchal Sabha may with the consent of the majority of Members present, be adjourned to any other date, but no business other than that left over at the adjourned meeting shall be transacted at such subsequent meeting. (2) A notice of such adjournment posted at the Anchal Office on the date on which the meeting is adjourned shall be deemed to be sufficient notice of that meeting.

Members of the public shall not be admitted to the meeting of the Anchal Sabha, but the President of the meeting may allow the Technical Advisers of the Anchal Sasan or any officer of the State Government to take part in the discussions but such persons shall have no right to vote : Provided that the President may in his discretion permit any Sarpanch, Naib-Sarpanch or the President of an Adalti Panchayat within the local limits of the Anchal, to attend any meeting of the Anchal Sabha or any of the Committees constituted under this Act as a visitor and such permission shall not be called into question by any Member of the Anchal Sabha or the said Committee : Provided further that the President may in his discretion request a Member of the Orissa Legislative Assembly or a Member of the Parliament representing any area in the Anchal to address a meeting in any matter concerning the affairs of the Anchal or any of the committees constituted under this Act.

The Anchal Sabha may at any time require the Anchal Executive Officer— (a) to produce any record, correspondence or other document which is in his possession or control as Anchal Executive Officer ; (b) to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter appertaining to the administration of this Act ; and (c) to furnish a report by himself or to obtain from any of the officers subordinate to him, and furnish with his remarks thereon a report upon any subject concerning or connected with the administration of this Act : Provided that the Anchal Executive Officer may defer such production till the next meeting and

Subject to any rules that may be made in this behalf a Member may at any meeting put questions concerning or connected with the administration of the Anchal and the answers to the same shall be furnished in the prescribed manner.

(1) No Member of an Anchal Sabha or any of its Committee shall vote on or take part in the discussions of any question coming up for consideration at a meeting of the said Anchal Sabha or the Committee if the question is one in which, apart from its general application to the public, he has any direct or indirect pecuniary interest. (2) The President of the Anchal Sabha or of any of the Committees constituted under this Act, may, either on his own motion or on the motion of any Member present, prohibit any Member from voting or taking part in the discussion of any matter in which he believes such Member to have interest or he may require such Member to absent himself during the discussion. (3) Such Member may challenge the decision of the President who shall thereupon put the matter to the meeting. The decision of the meeting shall be final. (4) If the President of an Anchal Sabha or any of the Committees on information received is satisfied that a Member has voted or taken part in the discussions in any meeting in contravention of the provisions of sub-section (1) or sub-section (2), he may, in a meeting held within a period of two months from the date of information, call upon the Anchal Sabha or the Committee, as the case may be, to reopen and revise its decision and such decision shall be final.

(1) It shall be the duty of the President to preserve order in a meeting and in the event of any grave disorder arising therein he shall have power to adjourn or suspend the meeting as he deems fit. (2) A member who in the opinion of the President is guilty of disorderly conduct in any meeting may be ordered by the President to leave the meeting forthwith and such order of the President shall be final or binding and shall not be questioned in any court of law. (3) If in spite of the orders of the President to withdraw a member persists in remaining at the meeting the President may take such steps as he may deem fit to cause such member to be removed and such member shall on a complaint by the President in that behalf be also liable on conviction to be punished with a fine which may extend to one hundred rupees.

(1) Except as otherwise provided by or under this Act, all questions brought before any Meeting held under this Act, shall be decided by a majority of votes of the Members present and in the case of equality of votes the President shall have a second or a casting vote: Provided that in the case of equality of votes at the election of Chairman or Vice-Chairman of the Anchal Sabha the President shall not exercise casting vote and the result shall be decided by lot. (2) Except as otherwise provided by or under this Act no subject finally disposed of by an Anchal Sabha shall be considered by it within six months unless the recorded consent of not less than three-fourths of its Members has been obtained thereto, or unless the State Government has directed its reconsideration.

No act or proceeding of the Anchal Sabha or any of its Committees shall be questioned on account of any vacancy in the membership or any defect in the election or qualification of the Chairman, Vice-Chairman, President or Member thereof or any defect or irregularity in any such act or proceedings not affecting the merits of the case.

(1) Minutes recording the proceedings at every meeting of the Anchal Sabha or any of its Committee and the names of Members present shall be entered in the minute book and confirmed at the same or the next meeting by the President after being read out in the meeting. (2) A copy of the minutes of the proceedings of each meeting of the Anchal Sabha shall be forwarded to the Members and the Collector of the district or such other authority as the State Government may appoint in this behalf within seven days of the meeting.