The Orissa Anchal Sasan Act, 1955
The Orissa Anchal Sasan Act, 1955
0. Preamble
*ORISSAACTNo.4OF1958 THEORISSAANCHALSASANACT,1955 (ReceivedtheassentoftheGovernoronthe3rdMarch1956,firstpublis shedinanExtraordinaryissueoftheOrissaGazette,datedthe— 12thMarch1956] ANACT TOPROVIDEFORDECENTRALISEDADMENISTRA- TIONOFLOCALAREASBYOONSTITUTING ANOHALSANDANCHALSASANSTHEREFOR INTHESTATEOFORISSA WHEREASit isexpedienttoprovidefordecentra- lisedadministrationoflocalareasbyconsti- tutingAnchalsandAnchalSasansthereforinthe StateofOrissa; ItisherebyenactedbytheLegislatureofthe StateofOrissaintheSixthYearoftheRepublic ofIndiaasfollows:—-
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4. TheStateGovernmentmaybynotification
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.
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5. ScheduleIII tothisActshallnotbeincludedinany 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.
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6. ThereshaltbeforeveryAnchalSasanan
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.
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7. Election
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.
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8. 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.
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9. 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.
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10. 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.
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13. of
(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.
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15. manner.
(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.
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16. 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).
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18. District Magistrate decides.
(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.
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19. Procedure
(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.
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20. 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.
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24. revenue.
(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.
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28. aag
(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.
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29. Folsificattom
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.
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30. Infringement
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.
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31. (0
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.
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33. inter.
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.
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34. 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.
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35. Absence
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.
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36. epee
(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.
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37. of
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.
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43. Meetings
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.
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44. Gonvening
(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.
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45. the
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.
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46. Adjournment
(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.
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47. not
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.
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51. Committee.
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
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52. Gosations
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.
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53. Member
(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.
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54. Preservation
(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.
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55. 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.
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56. 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.
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57. 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.
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58. Commirrrss
(1) In each Anchal Sasan there shall be Committees for (1) Education, (2) Public Health and (3) Agriculture and Development for the purpose of exercising such of its powers or performing such of its functions as may be specified in this Act or in the rules made thereunder. (2) Subject to the other provisions of this Act the conduct of the business of the committees constituted under this chapter and the membership thereof shall be regulated in the prescribed manner.
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59. manner,
(1) The Committee for education shall consist of— (a) the Chairman or the Vice-Chairman of the Anchal Sabha according as may be decided by the Sabha, who shall be the Chairman of the Committee; (b) the Anchal Education Officer, Member ex-officio; (c) the Anchal Executive Officer who shall be Member-Secretary, ex-officio of the Committee; (d) not more than three Members of the Anchal Sabha, not being its Chairman or Vice-Chairman; (e) not more than three outsiders elected by the Anchal Sabha from out of persons qualified to be Members of the Anchal Sabha. (2) The Committee for Education shall, subject to the provisions of this Act and the rules made thereunder— (a) control the Education Fund; (b) superintend all matters connected with the finance, accounts, control, maintenance and management of all schools maintained or aided by the Anchal Sasan and superintend such schools of the Grama Panchayats, Municipalities and Notified Area Councils aided from the Education Fund in the matters relating to education; (c) examine the existing provisions for education and make suggestions for ways and means for further provision necessary to place education within the reach of all children of school going age; (d) suggest schemes for diffusion of education in the Anchal; and (e) advise on all matters relating to education referred to the Anchal Sasan by the Director of Public Instructions.
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65. Membership
(1) The Chairman or, President of any of the Committees or any mismber thereof elected from smiongthe members of the Anchal Sabha shallcontinue to hold office so long as he is the Chatman or Vice-Chairman of the Sabha or a member thereof, asthe ‘case may be. (2) Anoutsider elected to any such Committee other than a Special Committee shall hold office for a period of three years from date of election : Provided that an outsider lected to any Committee‘constituted under this Act, if he incurs any disqualifications mentioned in section 16, shall forthwith cease to be a Member of such Committee and the procedure in section. 17 shall be followed to declare the seat vacant. (3) When a vacaney occurs in any Committee constituted under this “Act the Anchal Sabha shall as Soon as may be hereafier elect a Member’ to the vacancy.
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66. Joint
(1) The State Government may, on application of one or more Anchal Sabhas or on their own motion, constitute a-Joint Commitice out of their respective bodies and other Local authorities, if any, within their respective jurisdictions for any purpose in which they are jointly interested or for any matter for which they are jointly responsible and delegate to such Joint Committee any power which might.be exercised by any of the said Anchal or Local authorities concerned, Such Anchal Sabhas and Local authorities, if.any, may from time to time frame regulations subject to the control of the State Government determining— (a) the total number of Members of the Joint Committee ; (b) the number whoshall be Member of the Local authorities concerned and the number who may be outsiders ; (c) the persons wheshall be Members of Soint Committee and the manner in which they shall be elected or appointed ; (d) the person who shall be President..of the Joint Committee and the manner in which be shall bo elected or appointed ; (e) the term of office of Members and President; (f) the powers being powers exercisable by, one or more of the Local authorities concerned which may be exercised by the Joint Committee ; and (g) the proceedings of any such Joint Committee, and the conduct of correspondence relating to the purpose for which the Joint Committee is constituted. (2) A joint Committee may include persons who are not Members of the Local authorities concerned but who may, in their opinion, possess special qu: lifications or special interest for serving on such Committee : Provided that the number of euch persons shall not exceed one-third of the total number of Members of the Joint Committee. (3) Subject to the provisions of sub-section-(5) the regulations framed under sub-section (1) shall not have effect unless assented to by each of the Focal authorities concer. (4) If the State Government take action ander sub-section (1), they may issue such directions ag they think necessary or desirable’ in respect of all or any ofthe matters referred to in sub-sections (1), (2).and (3). (5) If any difference of. Opinion arises between Local authorities under any of the foregoing provisions of this section, it shall be referred to the State Government whose decision shall befinal.
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67. final.
(1) There shali be an Executive Committee for each Anchal Sabha to facilitate effective administration of the Anchal and it shall consist, of the Chairman, Vice-Chairman and the Anchal Executive Officer. The Executive Committee may co-opt any officer of the Anchal cadre and invite any Memberof the Anchal Sabha or officer of the Anchal Sasan to take part in the deliberations. (2) The Executive Committee shall subject to the provisions of this Act and the rules made thereunder-- (a) consider the budgets and the statements, estimates and accounts necessary to appreciate the budget for submission to the Anchal Sabha ; (b) superintend all matters connected with the finance and accounts of the Anchal Sabha and in matters within the competence of the Anchal Sabha submit their recommendations to the said Sabha for consideration and in matters within the competence of the Anchal Exeoutive Officer advise him ; (c) scrutinise and advise the Anchal Sabha on fixation of priorities for public works in the Anchal Sasan ; (d) scrutinise and sanction all plans and estimates for works sanctioned in the budget; (e) co-ordinate planning and execution of the work of the Anchal Sabha including those of the Committees constituted under this Act ; (f) prepare the agenda of the Meetings of the Anchal Sabha ; (g) suggest lines of action on financial and other important matters of policy ; and (h) deal with all other matters specially referred to it by the Anchal Sabha.
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68. of
Except as otherwise provided in section 7, the Anchal Sabha and the Committees constituted under this Act shall discharge their functions in accordance with the resolutions duly recorded at a meeting of the Anchal Sabha or the respective Committees, as the case may be-
Chapter V DIsoH#aRGE
69. Powersand
(1) Subject to the provisions of this Act and the rules made thereunder and subject to such control as may be exercised by the Executive Committee constituted under section 67 in this behalf, the Anchal Executive Officer shall carry out the directions of the Anchal Sabha and any of the Committees constituted under this Act other than a Special Committee issued to him from time to time : Provided that the Chairman may subject to confirmation by the Anchal Sabha give directions about the implementation of resolutions of the Anchal Sabha to the Anchal Executive Officer who shall carry out the same until and unless the Anchal Sabha otherwise directs. (2) Without projudice to the generality of the foregoing provision the Anchal Executive Officer shall subject to the control of the Anchal Sabha— (a) perform ali the duties and exercise all the powers and functions imposed or conferred upon him yy or under this Act ; (b) receive, recover and credit to the Anchal Fundany sum due or tendered to the Anchal Sasan ; (c) supervise and control the acts and proceedings of all officers and employees of the Anchal Sasan, and persons working under the said Sasan ; (d) have power to grant, refuse, suspend or withdraw all licenses in pursuance of any rules or bye-laws made under this Act.
Chapter V DIsoH#aRGE
73. EverymemberoftheAnchalSabhashallbe
Every member of the Anchal Sabha shall be entitled to visit any institution maintained or managed by the Anchal Sasan and every Member of a Committee constituted under this Act shall be entitled to visit and supervise the working of any such institution, the affairs of which are under their control in pursuance of the provisions of this Act or the rules made thereunder.
Chapter V DIsoH#aRGE
75. WhenanyMemberofanAnchalSabhaor
When any Member of an Anchal Sabha or any employee of the Anchal Sasan or any person discharging any duties or performing any functions in pursuance of this Act or the rules made thereunder, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duties, no Court shall take cognizance of such offence except with the previous sanction of the State Government.
Chapter V DIsoH#aRGE
76. Nopersonshallobstructormolest,any
No person shall obstruct or molest, any Member of the Anchal Sabha or any of the Committees constituted under this Act, the Anchal Executive Officer, any person employed by the Anchal Sasan or authorised by it, or any person with whom the Anchal Sasan has entered into a contract, for the performance of any duty or the execution of any work while acting in accordance with the provisions of this Act or under the authority of the Anchal Sasan.
Chapter V DIsoH#aRGE
78. Sasan.
Vacancies to such posts in any one year in the said Anchal service in the Anchal or Anchals comprised in the district shall be filled up only according to the list so prepared, in the same order of preference as specified in such list: Provided that the State Government may direct that appointments to certain classes and grades of such services shall be made by the Executive Committee of any Anchal directly.
Chapter VI EsTaBLISHMENT
79. TheAnchalExecutiveOfficershallbean
The Anchal Executive Officer shall be an officer of an Administrative Service under the employ of the State Government and appointed to the Anchal Sasan, and the Anchal Sabha shall not have power to dispense with the services of the Anchal Executive Officer.
Chapter VI EsTaBLISHMENT
80. TheStateGovernmentmay,fromtimeto
The State Government may, from time to time, by notification— (a) divide Anchal Sasans in the State of Orissa into different classes according to their income and other circumstances; and (b) transfer any Anchal Sasan from one class to another.
Chapter VI EsTaBLISHMENT
95. Resolation
(1) The Anchal Sabha may by a resolution at a meeting specially convened for the purpose express the displeasure of the Anchal Sabha with regard to the manner of execution of any resolution by the Anchal Executive Officer or to the manner of execution of any work of Anchal Sasan by the said Anchal Executive Officer. (2) The Anchal Executive Officer shall forthwith forward a copy of the resolution to the Collector who shall forward the same with his comments to the State Government who shall take such action as they deem fit and inform the Anchal Sabha of their decision in the matter: Provided that where such resolution alleges misconduct in the nature of— (a) indiscipline and insubordination in the nature of wilful disobedience or defiance of orders, (b) persistent negligence in the discharge of duties, (c) bribery and corruption or misappropriation of Anchal funds, (d) misuse or abuse of powers for personal ends, or (e) participation in local politics and party-factions, the State Government shall, without prejudice to any other action that may be taken and pending enquiry into such allegations, forthwith appoint a Deputy Collector to discharge the duties of the Anchal Executive Officer and the Anchal Executive Officer shall thereupon pending further orders of the State Government cease to discharge the duties of his office.
Chapter VI EsTaBLISHMENT
97. for
The State Government may prescribe the manner in which the enquiry shall be made by different authorities under sections 94, 95 and 96 and may notwithstanding anything contained in the said sections by rules specify the cases in which there shall be no appeal.
Chapter VI EsTaBLISHMENT
98. of
The rules of service for persons appointed to posts created by an Anchal Sasan under section 89 shall provide— (a) that a certain class of officers and employees shall be transferable by the Collector from one Anchal to another in the district: Provided that the number of posts of that class or grade prescribed for the Anchal is not thereby exceeded; (b) that a person transferred to a post shall be subject to the same administrative and disciplinary control and to the same privileges as to allowances, conditions, etc., as a person appointed directly to the posts; (c) that the Anchal Sasan shall contribute at a prescribed rate towards the pension or gratuity of such service to the Centralised Pension or Provident Fund to be controlled by the Anchal Service Board.
Chapter VI EsTaBLISHMENT
99. Regulations
(1) The State Government may make regulations in respect of persons appointed to posts created by Anchal Sasan under section 89 for— (a) fixing of amount and nature of security to be furnished; (b) regulating the grant of acting allowances, travelling allowances, subsistence allowance and other allowances; (c) regulating the contributions that shall be compulsorily payable to the Provident Fund; (d) regulating the grant of extraordinary gratuity to any member of their family and distributing the charge against the several Anchals in which such officer or employee may have worked during the period of his service in Anchals; (e) regulating conduct; (f) generally laying down conditions of services. (2) Pending the framing of regulations under sub-section (1) the rules and regulations obtaining in respect of similar service under the State Government shall apply in respect of matters enumerated in clauses (a) to (f) of sub-section (1).
Chapter VII Chapter VII
106. TheAnchalSasanmaypreferanappealto
The Anchal Sasan may prefer an appeal to the State Government against the order of the Collector under section 105 within such time and in such form and manner as may be prescribed and the State Government may thereupon consider the same and pass such orders as they may deem fit and subject to the orders that may be passed by the State Government, the decision of the Collector under the said section shall continue to have full force and effect.
Chapter VII Chapter VII
109. Minimum
The State Government may with reference to any Anchal Sasan prescribe— (a) the minimum closing balance to be maintained by the Anchal Sasan ; (b) the minimum expenditure to be incurred by the Anchal Sasan on public works, medical, veterinary and public health; and (c) the statements, accounts and returns to be submitted by it to the State Government.
Chapter VII Chapter VII
110. adi
Any expenditure incurred by the Executive Officer in accordance with the provisions of this Act and the rules made thereunder shall be charged on the Anchal Fund.
Chapter VIII Chapter VIII
116. Cofovtions
(1) The State Government may, from time to time, by order direct that certain proportions of land revenue, rents and cesses collected or fixed contributions shall be credited to the Consolidated Fund of the State and the Grama Funds within the Anchal and the Anchal Sasan shall duly credit such proportions of the collections or such fixed contributions as so directed : Provided that the proportion of such collections and the amount of such contributions and the date with effect from which the amount shall be so credited shall be determined in the prescribed manner. (2) Any amount not duly credited in accordance with the aforesaid directions of the State Government shall be a first charge on the Anchal Fund and without prejudice to any other mode of recovery shall be realisable from the Anchal Sasan as arrears of land revenue.
Chapter VIII Chapter VIII
117. of
On and after the date of notification under section 4 declaring an area to be an Anchal the provisions contained in Chapter III of the Orissa Estates Abolition Act, 1951 shall stand repealed in their application to any estate or part thereof as may be included in the Anchal: Provided that all actions taken, things done, notifications issued, orders passed, rights accrued and liabilities incurred shall be deemed to have been validly taken, done, issued, accrued and incurred in exercise of the powers conferred and in discharge of duties imposed by or under the provisions of this Act: Provided further that on and after the said date the State Government shall have power by notification to direct that the whole or any part of the Anchal Fund of the Anchal Sasan constituted under sub-section (1) of section 14 of the Orissa Estates Abolition Act, 1951, the area comprised within which is affected by the formation of the Anchal.
Chapter VIII Chapter VIII
118. notwithstanding.
(1) Notwithstanding anything in section 116, if at any time any Grama Sabha within an Anchal decides to collect land revenue, rents and cesses in relation to any Grama Panchayat area, such decision shall be communicated to the State Government within the prescribed date and in the prescribed manner and thereupon the State Government shall, as soon as maybe, by notification published in the Gazette and in such other manner as may be prescribed, declare that from and after the first day of the agricultural year next following it shall be the duty of the said Grama Sabha to collect such dues on behalf of the Anchal Sasan constituted for the said Anchal. (2) Such Grama Sabha shall collect such dues in accordance with the provisions of this section and shall deposit the collections, as often during any agricultural year, and in such manner, as may be prescribed, in the Anchal Fund to the extent of the total demand for the agricultural year less such remuneration for the Grama Sabha as may be prescribed subject to the minimum of 16 per cent of the total demand for the year and the balance of such demand shall be collected by the Grama Sabha and appropriated by it to the Grama Fund: Provided that if the total deposit in the Anchal Fund during the agricultural year falls short of the amount as aforesaid, such shortage shall be paid from out of the Grama Fund to the Anchal Fund by the last day of the said agricultural year. (3) Without prejudice to the provisions of sub-section (2) in case of any gross or persistent default on the part of the Grama Sabha in the discharge of its duties imposed under sub-section (1), the Collector, on his own motion or on the report of the Anchal Sasan in that behalf, may, after giving the Grama Sabha an opportunity to show cause, relieve the Grama Sabha of the said duties and issue such other order or orders as he may deem necessary and consequential thereto and such order or orders of the Collector shall be published in the Gazette and from and after the first day of the agricultural year next following the date of such publication, the notification issued in pursuance of sub-section (1) shall stand cancelled. (4) The arrears of land revenue, rents and cesses, if any, that may be due for collection by the date of the notification issued by the Collector under sub-section (3) shall be collected in accordance with the orders in that behalf issued by the Collector under the said sub-section and credited as soon as may be to the Grama Fund. (5) The Grama Sabha which has been relieved of its duties of collection in pursuance of sub-section (3) may apply to the State Government in the prescribed manner to resume collection of the land revenue, rents and cesses and the State Government may, by notification, published in the Gazette and subject to the provisions of sub-section (2) and to such conditions and restrictions, if any, as may be specified in the said notification, allow the Grama Sabha to resume collection of such dues. (6) Any Grama Sabha duly authorised to collect land revenue, rents and cesses in pursuance of sub-section (1) or sub-section (5) may, on application to the State Government in the prescribed form and manner, be relieved of its duties of such collection by the State Government as soon as may be by a notification published in the Gazette and in such other manner as may be prescribed, and from and after the first day of the agricultural year next following the date of the notification it shall cease to be the duty of the said Grama Sabha to collect such dues on behalf of the Anchal Sasan.
Chapter VIII Chapter VIII
119. Anchal Sasan.
From and after the first day of the Agricultural year next following the notification under section 118 all Sarbarakars, Gountias, Thikadars, Pradhans, Village Munsifs and Karanams and all other village officers, servants or headmen by whatever name designated or locally known, engaged within the Grama Panchayat areas as revenue agents or as agents or servants for the collection of land revenue, rents and cesses by or on behalf of the State Government under the provisions of the Madras Hereditary Village Offices Act, 1895 or any other law, or contract, grant, custom or usage, shall, in relation to such area, cease to exercise any of the powers, discharge any of the duties and perform any of the functions in respect of such office and shall not to that extent be entitled to earn any remuneration, with respect to such office after the said date, anything in any such law, contract, grant, custom or usage to the contrary notwithstanding.
Chapter VIII Chapter VIII
126. arrear.
The following articles shall not be distrained for the arrears hereinbefore specified— (1) the necessary wearing apparel, cooking vessels, beds and bedding of the defaulter, and such personal ornaments of a woman as in accordance with religious usage cannot be parted with by her; (2) tools and artisans, ploughs and implements of husbandry, ploughing cattle and manure stocked and such seed grain as may be necessary for the due cultivation of the holding in the ensuing year.
Chapter VIII Chapter VIII
127. section
(1) Before or at the time when distraint is made the distrainer shall serve on the defaulter a written demand specifying the amount of the arrear together with an account exhibiting the grounds on which the demand is made. (2) The demand and account shall be dated and signed by the distrainer and shall, within one year from the date on which the arrear became due, be served on the defaulter by delivering a copy to him or to some adult male member of his family at his usual place of abode provided that it is in the neighbourhood of the land to which the distress refers or to his authorised agents or when such service cannot be effected by affixing a copy of the notice on some conspicuous part of the land to which it refers. The demand shall set forth— (a) the amount of the arrear due with interest, if any; (b) the holding in respect of which it is due; (c) the period in respect of which it is due.
Chapter VIII Chapter VIII
135. d
The distrainer shall not work the bullocks or cattle or make use of the property distrained. He shall provide necessary food for cattle or other live-stock, and the cost thereof shall be a charge against the defaulter and shall be recoverable as a cost of the distress.
Chapter VIII Chapter VIII
136. Witbdrewal
(1) After a distress has been made under the foregoing provisions and at any time before the date appointed for sale, the defaulter, the cultivator or the owner of the property may tender or pay the amount specified in the written document under section 127 with subsequent interest and costs to the distrainer, or may furnish security to the satisfaction of the distrainer, whereupon the distrainer shall give a written acknowledgement of the tender, payment or security and shall withdraw the distress forthwith. (2) At any time before the sale of the distrained property, the defaulter or cultivator or owner of the property distrained pays to the officer specified in section 128 the amount mentioned in the written document under section 127 with subsequent interest and costs, such officer shall grant a receipt for the same and shall withdraw the distress forthwith.
Chapter VIII Chapter VIII
143. of
On receipt of the application under section 141 the Officer specified therein shall proceed to hold the sale of moveable properties in such manner and within such time as may be prescribed : Provided that rules made under this section shall not be inconsistent with or repugnant to the provisions of the laws for the time being in force relating to the recovery of arrears of land revenue.
Chapter VIII Chapter VIII
145. of
(1) Subject to the following sub-sections and any general or special directions as may be issued from time to time by the State Government on the issue of a notification under section 4, all communal lands, waste lands, pasture lands, village forests, water sources other than water reservoirs or works maintained for irrigation or other purposes situated in any Grama Panchayat area within the Anchal and vested in or belonging to the State Government shall belong to and vest in the corresponding Grama Sabha : Provided that the State Government shall always have the power by notification from time to time to direct that any such communal land, waste land, pasture land, village forest or water source as aforesaid, instead of continuing to belong to and vest in the said Grama Sabha shall from the date of such notification belong to and vest in any other Local authority or Anchal Sasan as may be specified therein. (2) Nothing in this section shall alter, prejudice or affect any existing right or interest of any kind whatsoever of any person or body of persons whether corporate or not, under any other law, contract, custom or usage : Provided that the State Government shall have power from time to time by order to direct that the free right, if any, of user or appropriation of the income or usufruct by the village community under any law, custom or usage shall so far as may be exercised by the Grama Sabha subject to the application by such Sabha of such proportion of the income or usufruct or of the value thereof as may be determined in the prescribed manner on welfare activities for the benefit of such community. (3) The right to all the minor forest produce as specified in Schedule IV to this Act shall remain with the State Government. (4) The right to underground and surface minerals and right of user of the surface lands of mines shall remain vested fully in the State Government. (5) Such of the aforesaid lands, forests and water sources, as may have been in pursuance of any law or authority specifically placed under the management and control of any Anchal Sasan or other Local authority, shall continue to remain under such control until specifically transferred to the Grama Panchayat. (6) Nothing in this section shall affect the powers of the State Government under any other law for the time being in force to declare any area within the jurisdiction of the Grama Panchayat as a reserved forest and to exclude it from the management and control of the Grama Panchayat.
Chapter VIII Chapter VIII
146. Grama Panchayat.
Where under any law or custom, the management and control over any irrigation rights, drainage and distribution of water is exercised by the State Government or authorities subordinate to the State Government, the Stase Government may, by notification, direct that in any Anchal such management and control shall be exercised by the Grama Panchayats and the Anchal Sasan in the following manner :— (a) Where the irrigation right, drainage or distribution of water extends over an area beyond the jurisdiction of a Grama Panchayat or lies in an area where there are no Grama Panchayats the Anchal Sasan shall be given the control. (b) Where the irrigation rights, drainage or distribution of water extends over an area not beyond the jurisdiction of a Grama Panchayat, the control shall be given to the Grama Panchayat. (c) All powers exercised by any revenue authorities lower in rank than that of a Collector shall be exercisable by the Grama Panchayat or the Anchal Sasan, as the case may be. (d) The powers of the Grama Panchayat in pursuance of this section shall be exercised by its Sarpanch subject to confirmation by the Grama Panchayat provided that till the Grama Panchayat confirms, modifies or alters the decision of the Sarpanch such decision shall be final.
Chapter IX PROPERTY
154. Vestingof Trust Property.
Whenever it is necessary or expedient for any purpose of this Act that the Anchal Sasan shall acquire any immovable property such property may be acquired by the Anchal Executive Officer on behalf of the Anchal Sasan by agreement on such terms and at such rates or prices as shall be approved by the Anchal Sabha either generally or specially in any particular case.
Chapter IX PROPERTY
156. TheStateGovernmentmayresumeany
The State Government may resume any immovable property transferred to the Anchal Sasan by themselves or by any Local authority where such property is required for a public purpose without paymext of any compensation other than the amount paid by the Anchal Sasan for such transfer and the market value at the date of resumption of any building or works subsequently erected or executed thereon by the Anchal Sasan in accordance with the terms of transfer : Provided that the Anchal Sasan may remove within such time as may be specified by the State Government the materials of any buildings or work constructed or erected on the land in contravention of the terms of the transfer.
Chapter IX PROPERTY
157. Noimmovablepropertybelongingto,vested
No immovable property belonging to, vested in, or under the management of, an Anchal Sasan, shall be sold, leased or otherwise alienated except in accordance with the provisions of this Act and rules made thereunder.
Chapter IX PROPERTY
158. Whenanypublicinstitutionhasbeenplaced
When any public institution has been placed under the management and control of any Anchal Sasan, all property, endowments, and funds belonging thereto shall, subject to the provisions of any other law for the time being in force, be held by the Anchal Sasan in trust for the purposes to which the said property, endowments, and funds were lawfully applicable at the time when the institution was so placed.
Chapter X Chapter X
162. Anchal Fund.
The Anchal Fund shall be applicable to the payment in full or in part of the charges and expenses incidental to the exercise of its functions by the Anchal Sasan and the administration of the Anchal Sasan and also to the following Purposes, namely :— (a) expense required for the audit of the accounts of the Anchal Sasan ; (b) cost of the acquisition of land ; (c) expenses in respect of the payment in accordance with rules of remuneration and allowances, if any, to office bearers and Members of the Anchal Sabha and Committees constituted under this Act in connection with their duties under the Act.
Chapter X Chapter X
168. grants:
(1) The Anchal Sasan may, subject to the prescribed rules— (a) make new grants-in-aid or give new stipends to primary schools, Sanskrit tolls, Maktabs, Basic schools other than Post-basic, Middle schools or schools of similar description recognised by a competent Education Authority and run by any person or body of persons or authorities within the Anchal. (b) make additional grants-in-aid and stipends to any institutions referred to in section 167 ; constituted within the Anchal ; (c) provide or maintain buildings to be used as students’ hostels in connection with schools for the maintenance and management of which the Anchal Sasan is responsible under sections 165 and 166 and manage such hostels. (d) make grants-in-aid or give stipends to any school or institution referred to in section 167 and this section for the purpose of construction or maintenance of buildings to be used as student hostels in connection with such school or institution and for the purpose of managing such hostels. (2) No grants-in-aid other than those under sub-section (1) shall be made to any institution except with the prior approval of the Anchal Sasan, if any, responsible for the maintenance and management of such institution or such classes of institutions under the provisions of this Chapter.
Chapter X Chapter X
175. of
Notwithstanding the provisions of any other law for the time being in force no competent Education Authority shall grant recognition to any new Primary school, Sanskrit tolls, Maktab, Basic schools other than Post-basic, Middle school or schools of similar description in the Anchal unless the Anchal Sabha has previously approved the location of the school.
Chapter XII Chapter XII
176. Dispensaries
An Anchal Sasan may provide dispensaries, hospitals, health centres or child and maternity welfare centres for the public and dispensaries or hospitals for animals or birds and for that purpose may— (a) establish such dispensaries, hospitals, health centres or child and maternity welfare centres ; or (b) enter into any agreement with any person having the management of any such institution on such terms as may be agreed upon and approved by the State Government.
Chapter XII Chapter XII
177. State Government.
The State Government may, by notification direct that any public institutions as aforesaid shall be under the control and administration of the Anchal Sasan and thereupon the Anchal Sasan shall be charged with such control and administration together with the maintenance and repair of all buildings connected therewith : Provided that the State Government shall contribute to the said Anchal Sasan every year at least the amount equal to the amount expended by the State Government on such institutions during the year immediately preceding the years of such transfer.
Chapter XII Chapter XII
179. institutions.
An Anchal Sasan may contribute such annual or other sum as may be agreed on and approved by the State Government towards the cost and maintenance of any dispensary, hospital, health centres or child and maternity welfare centres situated outside the Anchal.
Chapter XII Chapter XII
180. Anchal.
An Anchal Sasan may provide travelling dispensaries for the treatment of the public or animals and birds or locate first-aid centres for the same and provide attendance and supply of medicines thereto.
Chapter XII Chapter XII
181. thereto.
Notwithstanding anything contained in the Orissa Municipal Act, 1950 or the Orissa Grama Panchayats Act, 1948 the Anchal Sasan may control the management and maintenance of hospitals, dispensaries, public health institutions and arrangements for public health, sanitation and control of epidemics by the Grama Panchayats, Municipalities and Notified Area Councils or other authorities in the Anchal and may also control the establishment of new hospitals, dispensaries and public health units.
Chapter XII Chapter XII
182. units.
An Anchal Sasan may— (a) construct, repair and maintain any water-works benefiting more than one Grama Panchayat, Municipality or Notified Area Council in the Anchal or an area outside any such Grama Panchayat, Municipality or Notified Area Council ; (b) make grants-in-aid to a Grama Panchayat, Municipality or Notified Area Council in the Anchal to construct, maintain or repair any water-works, wells or tanks of the Grama Panchayat, Municipality or Notified Area Council respectively for providing drinking water, bathing water or water for washing clothes and animals or such public purposes ; (c) make grants-in-aid to any person owning or possessing any well or tank for repairing the same provided that the person agrees to allow full control of the water source by the Anchal Sasan or Grama Panchayat of the area to which the Anchal Sasan may delegate its powers of control.
Chapter XII Chapter XII
183. control.
The Anchal Executive Officer, on his own motion or on the report of any medical or health officer in the employ of Government or the Anchal or on information that the water in any well, tank or other sources of water-supply to which the public have access, is likely to endanger the health of the public or cause the spread of any dangerous disease, may by public notice prohibit the use of such water. Such notice shall be served by affixing the same in a conspicuous place over the source of water-supply or by beat of drum stating the number of days the prohibition shall last.
Chapter XII Chapter XII
184. last.
If any Anchal Sasan is satisfied that any Grama Panchayat within its jurisdiction has failed to discharge their functions under the Orissa Grama Panchayats Act, 1948 in respect of— (a) setting apart tanks for drinking, bathing, washing of clothes or animals ; or (b) prohibiting the misuse of water reserved for drinking, bathing, washing of clothes or animals and defiling of such water; it shall notwithstanding anything contained in the aforesaid Act make an order for discharge of such functions by the Grama Panchayat within such date as may be specified in that order and if the Grama Panchayat fails to carry out the order so made within the date specified, the Anchal Sasan shall discharge them and any order made or action taken by the Anchal Sasan shall be deemed to be made under the provisions of the aforesaid Act.
Chapter XII Chapter XII
185. Act.
(1) The Anchal Executive Officer may by notice require the owner or occupier of any building or land situated in the Anchal, which appears to him to be in a filthy or unwholesome state or overgrown with any thick or noxious vegetation, trees or undergrowth injurious to the health or dangerous to the public or offensive to the neighbourhood or otherwise a source of nuisance, to clear, cleanse or otherwise put the building or land in proper state or to clear away and remove such vegetation, trees or undergrowth or to take such other action as may be deemed necessary by the Anchal Executive Officer, to remove such nuisance within such period and in such manner as may be specified in the notice. (2) If it appears to the Anchal Executive Officer necessary for sanitary purposes so to do, he may by notice require the owner or occupier of any building or land to cleanse or disinfect the same in the manner and within such period as may be specified in the notice. (3) If within the period specified in the notice the owner or occupier does not carry out the directions the Anchal Executive Officer may execute the work and the cost of doing so shall be recoverable from the owner or occupier. (4) Any person aggrieved by the order of the Anchal Executive Officer under this section may appeal to the Anchal Sabha within one month from the date of the order and the decision of the Anchal Sabha shall be final.
Chapter XII Chapter XII
186. Appropria.
(1) When the Anchal Executive Officer removes any materials or cuts down any trees, or hedge or shrub or part thereof in exercise of his powers under this Chapter, he may sell the materials removed or things cut down and apply the proceeds towards the payment of expenses incurred. (2) If after a reasonable enquiry it appears to the Anchal Executive Officer that there is no owner or occupier to whom notice can be given under the provisions of this Chapter he may get any work executed under the said provisions as may appear to him necessary and may recover the expenses incurred in such manner as he deems fit.
Chapter XII Chapter XII
189. of
189. In the event of prevalence of any dangerous epidemic disease within any area in the Anchal, the Anchal Executive Officer may by notice require the owner or occupier of any building, booth or tent used for the purpose of public entertainment to close down the same for such period as he may fix in this behalf.
Chapter XII Chapter XII
190. Registration
190. (1) Every owner or person having the control of any place used at the date of the coming into operation of this Act as a place for burying, burning or otherwise disposing of the dead shall, if such place is not already registered apply to the concerned Grama Panchayat to have such place registered. (2) If it appears to such Grama Panchayat that there is no owner or person having the control of such place the Grama Panchayat shall assume such control and register such place or may close it. (3) No dead bodies shall be thrown or buried or burnt or otherwise disposed of at any place other than a registered burial ground.
Chapter XII Chapter XII
194. Grama Panchayat under‘sub-section(1).
194. (1) Every Grama Panchayat shall organise fire-fighting squads and for this purpose may compel any able-bodied adult in the Grama Panchayat area to join the fire-fighting squad. (2) The State Government may make suitable rules for the formation of fire-fighting squads and the powers to be exercised by the various persons comprising the squad for effective control of fires. (3) The Anchal Sasan may provide suitable training facilities for training fire-fighting squads in the Anchal.
Chapter XII Chapter XII
195. Nopersonshallbeentitledtocompensation
195. No person shall be entitled to compensation for any damages sustained by reason of any action taken by the authorities of an Anchal or a Grama Panchayat in pursuance of their powers under this Chapter.
Chapter XIII Chapter XIII
197. Consteustion
197. Notwithstanding anything contained in the Orissa Grama Panchayats Act, 1948 or the Orissa Municipal Act, 1950, the Anchal Sasan, subject to the prescribed rules, may— (a) construct roads, bridges and causeways as inter-Panchayat means of communication and repair and maintain such roads, bridges and causeways; (b) control the construction of bridges, roads and causeways by Grama Panchayats, Municipalities and Notified Area Councils in the Anchal so as to rationalise the communication in the Anchal.
Chapter XIII Chapter XIII
198. and
198. The Anchal Sasan shall— (a) repair and maintain all roads, bridges and causeways that may be transferred to it by the State Government on its constitution or in the event of any Local authority becoming defunct in the Anchal ; (b) construct, repair and maintain all roads, bridges and causeways for which the Anchal Sasan may be made responsible by an order of the State Government; (c) control and maintain such ferry-ghats and ferries on the routes in the charge of the Anchal Sasan or as may be transferred to it by the State Government for such purpose.
Chapter XIII Chapter XIII
199. of
199. The Anchal Sasan may by prior notice served in the prescribed manner divert, abandon or permanently close any road which is under the control and administration of or is vested in the Anchal Sasan: Provided that the State Government may on their own motion or on the application of any person aggrieved by the order of the Anchal Sasan under this section cancel or modify any such order.
Chapter XIII Chapter XIII
205. >
(1) If any tree or any branch of a tree standing on land adjoining a public road appears to the Anchal Executive Officer to be likely to fall and thereby endanger any person using or any structure on such road, the Anchal Executive Officer may by notice require the owner of the said tree to secure, lop or cut down the said tree or the branch thereof, as the case may be, so as to prevent any danger therefrom. (2) If immediate action is deemed necessary, the Anchal Executive Officer shall himself before giving such notice or before the period of such notice expires, cause to secure, lop or cut down the said tree or branch, as the case may be, or fence off a part of the public road and take such other temporary measures as he thinks fit to prevent danger and the cost of so doing shall be recoverable from the owner of the tree in the prescribed manner.
Chapter XIII Chapter XIII
206. of
(1) The Anchal Executive Officer may by notice require the owner or occupier of any premises, whoever be responsible, to remove or alter any projection, encroachment, or obstruction situated against or in front of such premises and in or over any public road. (2) If the owner or occupier of the premises proves to the satisfaction of the Anchal Executive Officer that such projection, encroachment or obstruction has existed for a period sufficient under the Law of Limitation to give any person a prescriptive right thereto, or that it was erected or made with the permission or licence of any Local authority duly empowered in that behalf and that the period, if any, for which the permission or licence is valid has not expired, the Anchal Executive Officer shall refer the case to the Anchal Sabha which may require that the order of the Anchal Executive Officer shall be carried out subject to such reasonable compensation as may be given to all persons who suffer damage by such removal or alteration of the same.
Chapter XIII Chapter XIII
208. thelicenceoftheleasewasgranted.
If in the opinion of the Anchal Executive Officer the working of any quarry or the removal of stone, earth or other materials from any place is dangerous to the persons residing therein or resorting to the neighbourhood thereof, or creates or is likely to create a nuisance or is likely to damage any public road or other immovable property, the Anchal Executive Officer may require the owner or person having control of the said quarry or place to discontinue the working of the same or discontinue removing stone, earth or other materials from such place or to take such order with such quarry or place as is necessary for the purpose of preventing danger or avoiding the nuisance arising or likely to arise therefrom.
Chapter XIII Chapter XIII
209. from.
No person shall fell, remove, destroy, lop or strip bark or leaves or otherwise damage any tree growing on any road or land vested in or belonging to the Anchal Sasan except with the permission of the Anchal Executive Officer and on such conditions as he may impose.
Chapter XIII Chapter XIII
210. for
(1) If any person without previous sanction of the Anchal Sabha, occupies any land vested in or belonging to an Anchal Sasan he shall be bound to pay in respect of such unauthorised occupation such sum as may be demanded by the Anchal Sasan by way of penalty and the said sum maybe recovered in the prescribed manner. (2) The Anchal Executive Officer may by notice require any person on whom a penalty has been or may be imposed under sub-section (1) to vacate such land to remove any building or other construction or anything deposited on it. (3) If any damage to property of the Anchal Sasan has been caused by any person occupying any land for which he is liable to pay penalty under sub-section (1), he shall be liable to pay compensation to the Anchal Sasan for such damage in addition to and irrespective of any penalty that may be imposed on or recovered from him and the amount of such compensation shall in case of dispute be determined and recovered in the prescribed manner. (4) Any action taken under this section shall be in addition to and not in lieu of action and penalties provided in any other law for the time being in force.
Chapter XIII Chapter XIII
211. Special
Where by reason of extraordinary traffic or excessive weight of traffic on any road belonging to or vesting in the Anchal Sasan, the Anchal Sasan has to incur extraordinary expenses more than the average expenses of repairing roads in the neighbourhood, the Anchal Sasan may, with the sanction of the State Government and subject to such limits as may be imposed, recover from any person by or in consequences of whose requirements or orders such extraordinary traffic or such weight of traffic has been conducted the amount to cover such expenses and no suit or proceeding shall lie to any Civil Court against the order of the Anchal Sasan in this behalf: Provided that any person from whom expenses are or may be recoverable under this section may enter into an agreement with the Anchal Sasan for the payment to it of an amount by way of compensation in respect of such weight of traffic and thereupon the person so paying shall not be subject to any proceedings under this section.
Chapter XIII Chapter XIII
213. TheAnchalSasanmaygrantannuaileases
The Anchal Sasan may grant annual leases of any toll-bar established under section 212.
Chapter XIII Chapter XIII
215. Thefollowingvehiclesshallbeexempted
The following vehicles shall be exempted from payment of tolls at any toll-bar established under section 212, namely:— (a) vehicles used for the conveyance of police and other public servants and Anchal Sasan servants or for the transport of property belonging to, or in the custody of, such servants, when such servants are travelling on duty ; (b) conservancy carts and other vehicles belonging to the Anchal Sasan ; and (c) any other class of vehicle that may be exempted by order of the Anchal Sabha.
Chapter XIII Chapter XIII
235. TheStateGovernmentmaybyrules
The State Government may by rules provide for—(a) levy of water-rate for the use of water for purpose of irrigation from any souree or work of irrigation belonging to or transferred to the Anchal Sasan and the rate or rates at which it shall be charged ;(b) levy of benefit charges for protection by drainage schemes ;(c) the authorities to whom appeals or vevisions may be preferred against the order of the Anchal Sasan assessing or altering the water-rate ;(d) the procedure to be followed for assessing penalty for taking water without application and the procedure for applying for and getting remission of water-rate for failure of water-supply ;(e) the appeal or revision from the order of the Anchal Sasan authorities imposing penalty or giving remission of water-rate or restricting the command in the area having compulsory water-rate.
Chapter XIII Chapter XIII
236. Beauicition
(1) Whenever—(a) there is apprehension of danger or damage to any irrigation source or work or any protective embankment in the Anchal by flood or inundation and such danger and damage oan be prevented ; or(b) a breach has occurred and that such breach can in the opinion of the Anchal Sasan be repaired and inundation caused by it can be stopped by immediate employment of a large number of persons ; it shall be lawful for the Anchal Executive Officer, or any other officer of the Anchal Sasan duly empowered by the Anchal Executive Officer in this behalf, and any member of the Ancvhal Sabha, to require the service of all able-bodied adult male persons who reside in the village where the irrigation gource or protection work is situated or who are benefited by such irrigation source ot work or embankment, to cooperate in the work necessary for preventing the danger or damage or repairing the breach as the case may be. (2) Every able-bodied adult person whose labour or services are requisitioned under sub-section (1) shall be required to perform such unskilled labour in connection with the prevention of danger or breach or repair as shall be required of him. Any person who fails to render labour as herein provided shall be lable to a penalty which may extend to ten rupees. (3) The Anchal Executive Officer or any other officer of the Anchal Sasan or any wember thereof may either personally or through persons duly authorised in this behalf supervise the work and adopt such safety measures as they may deem fit. (4) Every person whose labour or services are requisitioned under this section shall be paid for the labour or services rendered by him at such rate or rates as may be deemed reasonable by the Anchal Sasan and the amounts so spent shall be a charge on the Anchal Fund.
Chapter XVI PROCEDURE
285. Nopersonshallwithoutauthorityinthat
Annual240.EveryAnchal-Sasanshallsubmitto AdminstheStateGovernmentanannualconsolidatedreport report.ontheadministrationoftheAnchalSasaninthe prescribedmanner. |Powersof241.(1)EveryAnchalSasanandeveryCommittee iin"«constitutedunderthisActshallatalltimespermit CellestoroFtheCollectororsuchotherpersonastheState ayPeact~Governmentmayauthorisein thisbehalftohav, bytheaccesstoallitsbooks,proceedingsandrecords. Goverament(2)TheCollectororthepersonauthorised undersub-section(1)shallhavepoweratalltimes toenteronandinspect orcausetobeenteredon andinspected,anyimmovableproperty occupiedby oranyworkinprogressunderthe ordersof,orany institutioncontrolledby,theAnchalSasan, (3)WhenaJointCommitteeof.morethanone AnchalSasancomprisedindifferentdistricts,is appointed,theCollectorofeachoftheconcerned districtsorsuchotherpersonsastheStateGovernment mayauthoriseinthisbehalf,mayexercisealikt powerinrespectoftheproceedingsofsuchJoine Committee. Coneralby242,(1)TheCollectormay,byanorderinwriting suspendtheexecutionofanyreselutionpassed,order issued,orlicenceorpermissiongranted,orprohibit theperformanceofanyactwhichisabouttobe doneorisbeingdoneinpursuanceoforunderthe coverofthisActoranyruleorbye-lawmade thereunder,ifinhisopinion— {@)suchresolution,order,licence,permission oracthas notbeenlegallypassed,issued,grantedor authorised;or (b)such.resolution,order,licence,permission oractisinexcessofthepowersconferredbythis Actorisinconsistentwithany lawforthetimebeing in force. (2)Wheneveran_orderismadebytheCollector undersub-section(1)heshallforthwithreporttothe StateGovernmentintheprescribedmannerand thereupontheStateGovernmentaftergivingthe AnchalSabhaanopportunityofstatingitscase mayconfirm,setasideormodifysuchorderinguch mannerastheymaydeemfit. we
Powers of 243. (1) Lf the Collector is satisfied that an Anchal the State ; A ie crement Sagan has made default in performing any duty for Gefanlt imposed on it under this Act or any other law for Susan. the time being in force, he shall forthwith submit a report to the State Government. (2) On the receipt of @ report under sub-section ( 1) or otherwise after making such enquiry as they may deem necessary, if the State Government are satisfie that the Anchal Sasan has defaulted in performanc® of any duty imposed on it by or under this Act or any other law for the time being in force they may by an order in writing fix a period for the due perfor- mance of the same. (3) If such duty is not performed within the period fixed by the State Government under sub- section (2), the State Government may appoint some person to perform the same and may direct that the expenses of performing it, including a reasonable remuneration to the person. so appointed, shall forth- with be paid out of the Anchal Fund. (4) If such expense and remuneration are not go paid within a reasonable time the State Govern- ment may make an order directing the person having the custody of the balance of the Anchal Fund to make payment therefrom either in whole or in part as the State Government may direct. Compulsory 244, If an Anchal Sasan makes default in the Roi arehal payment of any sum, the amount whereof is fixed Fund. or has become payable by virtue of any order made by the State Government or by any authority other than the Anchal Sasan in exercise of any of the powers conferred by this Act or any rule made thereunder, the State Government may make an order directing the person having the custody of the balance of the Anchal Fund to make such pay- ment either in whole or in such part as is possible from such balance : Provided that no order shall be made by the State Government directing payment of any amount until an opportunity has been given to the Anchal Sasan concerned to show cause why such order shall not be made, unless the State Government considers that the Anchal Sasan has already stated, or had already ample opportunity of stating its case. ‘Sapereossion 245. (1) If in the opinion of the State Govern- Sabb. ment any Anchal Sabha persistently makes default in the performance of the duties imposed on it by or
under this Act or any other law for the time being in force or exceeds or abuses its powers, they may state the grounds for such opinion and call upon the Anchal Sabha within such time as may be speci- fied to show cause why it should not be superseded. On consideration of such explanation as may be submitted by the Anchal Sabha within the time specified, the State Government, in case they decide to supersede the Anchal Sabha, shall notify their final orders in the Gazette, (2) When an Anchal Sabha is srperseded under sub-section (1) the following consequences shall ensue— (@) all Members of the Anchal Sabha and Members of all Committees constituted under this Act shall from the date of the said notification be deemed to have vacated their seats or offices ; (0) pending the formation of another Anchal Sabha the State Government may nominate an officer not below the rank of a Deputy Collector to 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. ‘ Re-cleotion 246. (1) Immediately after issue of a notification under sub-section (1) of section the State Govern- ment shall direct that the election shall be held forthwith and the Anchal Executive Officer shall thereupon be competent to hold the election for filling of the vacancies in the prescribed manner. (2) If after fresh election held under sub- section (1) the Anchal Sabha so elected makes default in the performance of duties imposed on it by or under this Act or any other law for the time being in force or exceeds 6r abuses its powers, the State Government may follow the procedure laid down in the foregoing section and supersede the Anchal Sabha for a specified period not exceeding three years. Enquiry into 247. (1) When the State Government directs te assis an enquiry to be made by any of their officers in the Basan. affairs of the Anchal Sasan under the provisions of this Act, the officer holding such enquiry shall have the powers of a Civil Court under the Code of Civil Procedure, to take evidence and to eompel v of the attendance of witnesses and the production of documents for the purposes of the enquiry.
138: (8) ‘Phe State Government nay make .orders as to the costa of the inquiries made under sub-section ra) and’as to the parties-by whom and ‘the funds out of which they shall. be paid; and “such due may, on the application. of the State Government or of any person named therein,’ be realised as an. arrear land revenue. : . Right of | 248. Any officer authorised by the State _Govern- Sheca. ment in this behalf shall be ‘entitled to attend any mectings meeting of an Anchal Sabha or any” Committee constituted under this Act and. address. it on any matter affecting the work of any department in which “he is concerned, y Protestion249,WhentheCollectororanypersonappointed feomlegalbytheStateGovernmentlawfallytakesactionfor an Anchal Sasan under the provisions of this Act or the rules made thereunder, he shall have all such powers as are necessary for the purpose and shall be entitled to the same protection. under this. Act, as the Anchal Sasan or its. officers or employeos, - whose powers he is exercising have and. the. compensation shall be recoverable from the Anchal Fund by any person suffering damage from the exercise of such powers to the extent, as if the action had been taken by the Anchal Sasan or its officers or employees. Delegation. ; 250. The State Government may by notification of powers of authorise any person or authority to exercise in regard © Govemment. to any Anchal Sasan any one or more of the powers vested in them by this Act except the power to make rules, the power to determine contributions payable and the power’ to sanction’ prosecution under sec- “” » tion and may in the like manner withdraw such
‘authority.
AND PENALTIES Prosedure ©. . 254.. Except as' otherwise expressly provided “ ° far recovery under this Act and without prejudice to the provi- of dues. “gions of any law for the time being in force for the realisation of dues, all dues, costs, daraages, compen- sation, “penalties, charges, fees (other than school fees), expenses, rents (not being rents for land and buildings demised by the Anchal Sasan), contribu- ‘tions and other sums which under this Act or any other jaw or rules: or byo-laws made thereunder are due from any person to the Anchal-Sasan may be gecovered in the prescribed manner. ‘
‘Limitation, Procedure fortaking cognizance. Serviceof notice, Prohibition removalor obliteration ofnotice. Prohibition againstauit, Noticeof suit.
252,Nodistraintshallbemade,andnosuit shallbeinstituted,andnoprosecutionshailbe commenced,inrespectofanysumduetotheAnchal SasanunderthisActexceptduesinconnectionwith landrevenues,rentsandcessesunderthisAct, aftertheexpirationofaperiodofthreeyearsfrom the dateonwhichdistraintmightLavebeenmade, asuitmighthavebeeninstitutedorprosecution mighthavebeencommenced,asthecasemaybe, inrespectof suchsum, 253,Exceptasotherwiseexpresslyprovidedin thisAct,nocourtshalltakecognizanceofany offencepunishableunderthisActoranyruleor bye-lawmadethereunder,exceptonthecomplaint oftheAnchalExecutiveOfficerorsomeperson authorisedeithergenerallyorspeciallybytheAnchal ExecutiveOfficerinthisbehalf, 254,TheserviceofeverynoticeunderthisAct onanypersonshall,inallcasesnototherwisespecially providedforinthisAct,beeffectedintheprescribed mannerbyanAnchalOfficeroremployeeauthorised bytheAnchalSabhainthisbehalf,oronsuchterms asmaybeagreedbytheAnchalSabhainthisbehalf, byanyofficeroremployesoftheStateGovernment.
behalfremove,destroy,defaceorotherwiseobliterate anynoticeexhibitedoranysignormarkerected,by orundertheordersoftheAnchalSabha,itsChair- man,ortheAnchalExecutiveOfficer.
Chapter XVI PROCEDURE
286. Nosuitorprosecutionshallbe maintainable
againstanyAnchalSasanestablishedunderthisAct, oranypersonactingunderthedirectionofanysuch AnchalSssan, oranyemployeeoftheAnchal Sasaninrespectofanythinglawfullyandingood faithdoneunderthisActoranyruleorbye-law madeunderit. 257.-(1)Nosuitshallbeinstitutedagainstany AnchalSasanestablishedunderthisActoragainst anyMember,officeroremployeethereof,orany rsonactingunderthedirectionofanysuchAnchal asan,officeroremployee,foranythingdoneor urportingtobedoneunderthisAct,oranyruleor ye-lawmadeunderit,untiltheexpirationoftwo monthsafternoticeinwriting,statingthecauséof action,thenameandtheplaceofresidenceofthe intendingplaintiffandthereliefwhichheclaims, hasbeen,inthecaseofanAnchalSasandeliveredor
leftatitsoffice,andinthocaseofanyMember, officer,employeeorpersonasaforesaid,deliveredta himorleftathisofficeorusualplaceofresidence. (2)Everysuchsuit,unlessitisasuitforthe recoveryofimmovablepropertyorforthedeclaration oftitlethereto,shallbedismissedunlessitisinstitu~ tedwithinoneyearfromthedateofcauseofaction andunlessserviceofnoticeasaforesaidisadmitted orproved. (3)Nothinginthissectionshallbedeemedto applytosuitsinstitutedundersection54ofthe SpecificReliefAct,1877. Compound-258.(1)TheStateGovernmentmaybyrules ingofo-empowertheExecutiveCommitteetoacceptfrom any person against whom a bona fide suspicion exists that he has committed an offence against anyprovisionofthisActoranyruleorbye-law made thereunder, a sum of money by way of compositionforsuchoffence. (2) On payment of such sum of money the suspected person shall be discharged and no further proceedings shall be taken against him in regard to the offence or alleged offence so compounded. (3) The State Government ma; by rule specify the offences which shall be compoundable and the power under sub-section (1) to accept composition for alleged offences'may be given either generally in regard to all such offences or particularly in regard only to specified offence or offences of a specified class, Dinbitity o¢ . 259. The Chairman, Vice-Chairman, or any Choirman, member of the Anchal Sabha, or of any of the mes, ‘ow. committees constituted under this Act, may, with being legsl the previous sanction of the said Sabha, appear Te spear ‘,as a legal practitioner on behalf of the Anchal cortainlegal Sasan in any suit or legal proceedings to which Proceeding® the Anchal Sasan is a party, but shal] not in any such snit or proceedings appear against the Anchal Sasan. Power to 960. (1) Ifany Grama Panchayat, Municipality provide for or Notified Area Council in the Anchal defaults in Performance Horforming any duty imposed on it by or under this indefeultof Act or does not comply with any orders passed under Ghemte ow. the provisions of this Act or the rules or bye-lawa made thereunder, the Anchal Sabha may after giving reasonable opportunity to such Grama
Astlof1878
Certified e0picg, Permission tousecorti fledcopies a6ovisee 138\< Panchayat, Municipality or’ Notified: “Area: Counoil to Tepresent its case within ‘a ‘specified time and after due, consideration thereof ‘by resolution ‘fix a period for the performance of that duty or com- pliancewiththeaaid order. . (2) If such duty' is not performed or ‘the -order is not complied with within the time so fixed, the Anchal Executive Officer may, by himself or by any person authorised by him in this behalf, catry out the same and may direct that the expenses incurred in that behalf including a reasonable remuneration to the person appointed to perform the same shall be a charge on the Funds of the Grama Panchayat, Municipality or Notified Area Council, as the cage . may be, (3) If such expensé’and remuneration are noé paid as directed the Anchal Executive Officer may make an order directing the person having the custody of the Fund of the Grama Panchayat, Municipality or Notified Area Council, to make payment -therefrom and such person shall make payment forthwith as directed. (4) The Anchal Executive Officer or any person carrying out the directions under this section shati have’ the same protection under this Act’ as’ the officers or employees ‘of the Anchal Sasan carrying out the duties of the Anchal Sasan, 261. A copy -of any receipt, application, plans notice, order, entry in a register or other document in the possession of an Anchal Sasan shail, if duly ~ certified by the legal keeper thereof or other person authorised by any rule or bye-law in. this behalf, bex. , received as prima. facie evidence of the existence :of the entry or.document. and shall be. admitted as” evidence .of -the matters and transactions _ therein . recorded in every.-case, in which, and to, the same .; extent, as the original entry or document would, if produced, have been admissible to prove ‘such matters. 262. No officer or employee of an Anchal Sasan shall in any legal proceeding, to which an Anchal Sasan is not a party, be required. to, produce, am register or document, -the 1.PatalGoruda(RawevolflaSerpentina} 2.Kenduleaves 3.Lae 4.Khair -
SCHEDULEV OrnvivaryPENaLrizs (Seesection263(1)]
®eetionsSub-SubjectFinewhichmay. sectionsbeimposed 1z34 * 183oyDisobeyingnoticeprohibitingtheuseofwaterFiverupees towhichpublichaveaccess. 185(1)Failuretoobeynoticetoclearorcleansebuil-Ditto dingorlandinfilthystate orovergrownwith noxiousvegetation. (2)FailuretoobeytocleanseordisinfecttheDitto building. 188(3:Disobeyingdirection todisinfectclothing,bed-Ditto dingorotherarticleslikelytoretaininfection, 189Failuretoobeynotice toclosepublicplacesOnehundred duringtheprevelenceofanydange.ousrupees, epidemicdisease. 190qyFailureto registeranyplaceforthedisposalofTenrupees dead. (3)Disposalofdeadbodiesatanyplace otherthan|Ditto aregisteredburialground. 191(1)OpeningorusinganyplaceforthedisposalofFiftyrupees thedeadwithoutlicensefromGramaPancha-° ‘at. 192(2)FailuretoobeynoticeprohibitinguseofanyTenrupees burialorburning ground. 202UnlawfulbuildingofwallorerectingoffenceOnehundred inoroveranypublicroad.rupees. 203{l)Failuretotakedown,secureorrepairdangerousFivehuxdred structureadjoiningapublieroad.rupees. 204(1)Allowingdoors,groundficorwindowtoopen}Onehundred outwardsupon anypublic.roadwithoutlicense,rupees. (2)Disobedienceofnoticetoalterdoors,gates,etc.Ditto withaviewtopreventingprojectionover publicroad. 205(1)Failuretoobeynoticetosecurelop orcutdown}Fiftyrupees dangeroustrees. 20612)Pailuretoremoveoralterencroachmentobstruc-|Twohundred tingviewoftraffic.rupees, 208Disobeyingthedirection todiscontinuethe}Fiftyrupees °workofdangerousquarries. 209Felling,removing,destroying,loppingorstrip-Ditto: pingbarkorleaveorotherwisedangerous treesgrowingonroadsorlandsvestedin AnchalSasan. 255RemovalorobliterationofnoticeexhibitedbyDitto orunderordersofanAnchalSabha,its ChairmanorAnchalExecutiveOfficer.
SCHEDULEVI PENALTIESFORCONTINUINGBRHACHES {Seesection263(2)]
Sub-Dailyfinewhich SectionsectionSubjectmaybeimposed iorclause 12 3 4 185(1)Failure*toobeynoticetoclearorcleanseFiverupees buildingorlandinfilthystateorovergrown withnoxiousvegetation. ) (2) Failure to obey to cleanse or disinfect building Ditto 188(3)Diaobeyingdirectiontedisinfecttheclothing,Sritto beddingorotherarticleslikelytoretain | infection. : .. +. Failure to obey notice to close public places Twenty rapeea |duringtheprevalenceofanydangerous epidemicdisease.. iol(1)Openingorusinganyplaceforthedisposai|Tenrupeesper | of the dead without license from Grama] every occasion, . Panchayat. | Unlawful building of wall or erecting of fonce | Twenty rupess inoroveranypublieroad. (1) Failure to take down, seonre or repair dangerous) Twenty rupees - structure adjoining a public road. ' (1) Allowing doors, groundfloor windows to open Five rupees ,outwardsuponanypublicroadwithoutlicense,| (2) Disobedience of noice $0 alter doors, gates, ete., Ditto withaviewtopreventingprojectionover publicroad. (2) Failure to obey notice to secure, lop or cut down! Ditto dangeroustrees. (1) Failure to remove or alter encroachment Ditto obstructingviewoftraffic. . 208Disobeying.thedirectiontodiscontinuetheDitto workofdangerousquarries.
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