Chapter II Chapter II

COMPOSITION AND POWERS OF COMMISSION INCLUDING REQUISITE QUALIFICATIONS AND MANNER OF SELECTION OF MEMBERS

The Commission shall consist of a Chairman and four other members:

Qualification for appointment and manner of selection of members Unless otherwise determined by the Governor as and when circumstances may so require:-

1. (i) the Chairman of the Commission shall be a person having experience in public affairs, who shall be selected, except where it is impracticable in any situation, from among the members of the Council of Ministers of the State; and
2. (ii) the other members shall be selected from among the persons who are-

1. (a) members of the Legislative Assembly of the State ; or
2. (b) members of any All India Service or of State Civil Service ; or
3. (c) experts in the field of economics or social-sciences.

The Secretary to the Government of Orissa in the Panchayati Raj Department shall be the Secretary to the Commission and shall convene the meetings of the Commission in consultation with the Chairman thereof.

Before appointing a person to be a member, the Governor-

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

A person shall be disqualified for being appointed or for continuing as a member, if he-

1. (a) is of unsound mind;
2. (b) is an undischarged insolvent;
3. (c) has been convicted of an offence involving moral turpitude: or
4. (d) has such financial or other interest as is likely to affect prejudicially his functions as a member.

1. (1) Every member shall hold office for a period of five years commencing on the date on which the order of the Governor constituting the Commission is published in the Gazette and shall be eligible for reappointment.
2. (2) Notwithstanding anything in sub-section
3. (1) a member may, by writing under his hand addressed to the Governor, resign from the office at any time.
4. (3) The Governor shall remove a person from the office of member, if that person-
   • (a) refuses to act or becomes incapable of acting; or
   • (b) is, without obtaining leave of absence from the Chairman, absent from three consecutive meetings of the Commission; or
   • (c) has, in the opinion of the Governor, so abused the position of Chairman or member as to render that person's continuance in office detrimental to the interests of the Panchayati Raj institutions; or
   • (d) has ceased to have the eligibility qualification as provided in Section 4; or
   • (e) becomes subject to any of the disqualifications specified in Section 7:

Powers of the Commission

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