Chapter IV CONTROL

It shall be the duty of the Government and such officers or authorities as may be authorised by the Government to see that the proceedings of Parishads are in conformity with the provisions of this Act and the rules, and that the implementation of the decision taken therein and all actions taken by the Parishads for carrying out the provisions of this Act and the rules are free from fraud, misappropriation, embezzlement and other criminal bearings.

1. (1) The Director of Grama Panchayats, as defined in the Orissa Grama Panchayats Act, 1964 shall be the Director of the Parishad Administration in the State (hereinafter referred to as the Director);
2. (2) The Director or any officer whom the Government may authorise in this behalf may at any time enter upon and inspect or cause to be entered upon and inspected -
   • (a) any immovable property, or any work in progress, under the control of any Parishad;
   • (b) any School, Hospital, Dispensary, Vaccination Station, Choultry, Dharmasala or other institutions maintained by, or under the control of any Parishad and any records, registers or other documents kept in such institution;
   • (c) the office of any Parishad and any records, registers or other documents kept therein.
3. (3) The Director shall have such other powers and functions as may be prescribed by the Government from time to time.

Subject to such rules as may be made in this behalf, the Parishad and its President and employees shall, at all reasonable times, be bound to afford to the officers and authorities referred to in sections 19 and 20 such access to the property or premises of the Parishad and to all documents as may, in the opinion of such officers or authorities, be necessary to enable them to discharge their duties under the said sections.

The Director or any officer or person, whom the Government may empower in this behalf, may -

1. (a) call for any record, register, or other document in the possession or under the control of any Parishad;
2. (b) require any parishad or its President to furnish any return, plan, estimate statement, account or statistics;
3. (c) require any Parishad or its President to furnish any information or report on any matter connected with such Parishad;
4. (d) record in writing for the consideration of any Parishad or its President any observations which the Director or such officer or person may think proper in regard to its proceedings or duties.

1. (1) The Government may, by order in writing, annul any resolution or order passed by a Parishad or by any of the authorities of such Parishad if, in their opinion, such resolution or order -
   • (a) is not legally passed; or
   • (b) is in excess or abuse of the powers conferred by or under this Act or is against the public interest; or
   • (c) is likely to cause danger to human life, health, or safety or is likely to lead to a riot or affray: Provided that nothing in this sub-section shall apply to a resolution under section 39.
2. (2) Government shall, before taking action under sub-section (1), give the Parishad an opportunity for explanation.
3. (3) If in the opinion of the Director immediate action is necessary to suspend any such resolution or order on any of the aforesaid grounds, he may, by order in writing suspend the operation of the resolution or order and refer the matter to Government whose decision thereon shall be final:

Extraordinary powers of Director

1. (1) In cases of emergency the Director may, subject to the approval of the Government, direct or provide for the execution of any work, or the doing of any act which a Parishad or its President is empowered to execute or do, and the immediate execution or doing of which is in his opinion necessary for the implementation of developmental plans or safety of the public and may direct that the expense of executing such work or doing such act shall be paid out of the Fund of the Parishad.
2. (2) If the expense is not so paid, he may make an order directing the person having the custody of the Fund to pay it in priority to any other charge against such Fund.

Government's power to take action in default of a Parishad or its President

1. (1) If at any time, it appears to the Government that a Parishad or its President has made default in performing any duty imposed by or under this Act or any other law for the time being in force they may, by order in writing, fix a period for the performance of such duty.
2. (2) If such duty is not performed within the period so fixed, the Government may appoint some person to perform it and may direct that the expense of performing it shall be paid from the Fund within such time as they may fix, to such person by the Parishad.
3. (3) If expenses which the Government have directed under sub-section (2), to be paid from the Fund, are not so paid, the Director, with previous sanction of the Government, may make an order directing the person having the custody of the Fund to pay it in priority to any other charge against such Fund.

Removal of President and Vice-President of Parishad

1. (1) If, in the opinion of the Government, the President or Vice-President of the Parishad wilfully omits or refuses to carry out or violates the provisions of this Act or any rules, bye-laws or orders, made or issued thereunder or abuses the powers vested in him and the Government are satisfied that further continuance of such person in office would be detrimental to the interest of the Parishad, they may, by order published in the prescribed manner, remove such President or Vice-President from office : Provided that no such order for removal shall be made without giving the person concerned a reasonable opportunity of being heard.
2. (2) No person, removed from the office of President or Vice-President under this section shall, for a period of four years from the date of the removal, be eligible to hold any of the said offices.

1. (1) Where any proceeding which was initiated under section 26 against any person holding office as President or Vice-President of a Parishad could not be finalised due to the vacation of the office by the President or Vice-President, as the case may be, by resignation or otherwise and the said person is found to be holding office as President or Vice-President, of that Parishad during the term in which he so vacated or during the succeeding term, the State Government may direct revival of the said proceeding, whereupon the said proceedings shall be proceeded with from the stage it had reached by the date of vacation of the office by the President or the Vice-President, as the case may be, disposed of in accordance with the provisions of the said section.
2. (2) No person removed from the office of President or Vice-President as a result of the proceedings so revived shall, for a period of four years from the date of the removal, be eligible to hold any of the said offices.

1. (1) If in the opinion of the Government a Parishad is not competent to perform or persistently makes default in performing the duties imposed on it by law or exceeds or abuses its powers, they may, by notification published in the prescribed manner, direct that the Parishad be dissolved and immediately reconstituted. The notification shall specify the time within which the Parishad shall be reconstituted: Provided that for the purpose of completing the elections to a Parishad which has been dissolved, the Government may, from time to time, extend the time fixed by them under this sub-section not exceeding six months in the aggregate, for its reconstitution.
2. (2) Before publishing a notification under sub-section (1), the Government shall communicate to the Parishad the grounds on which they propose to do so, fix a reasonable period for the Parishad to show cause against the proposal and consider the explanations and objections, if any, of such Parishad.
3. (3) Upon the publication of such a notification all the members of the Parishad including its President and Vice-President shall forthwith be deemed to have vacated their offices as such and fresh election shall be held in the prescribed manner.
4. (4) During any interval between the dissolution and the reconstitution of a Parishad directed under sub-section (1), all or any of the powers and duties of the Parishad and its President may be exercised and discharged, as far as may be and to such extent as the Government may determine, by such person or persons as they may appoint in that behalf.
5. (5) In all or any of the reasons specified in sub-section
6. (1) the Government may, by notification published in the prescribed manner, instead of dissolving a Parishad and reconstituting it, supersede it for any period which they may deem fit, whereupon, the relevant provisions of section 29 shall mutatis mutandis apply.

1. (1) If after the fresh election held under section 28, the Parishad continues to be incompetent to perform or abuse its powers for all or any of the reasons specified in sub-section
2. (1) of the said section, the Government may, by notification published in the prescribed manner, supersede it for a specified period, not exceeding six months.
3. (2) Before publishing a notification under sub-section (1), the Government shall follow the procedure laid down in subsection
4. (2) of section 28.
5. (3) The supersession of a Parishad shall, if no other date and time are fixed in the said notification, take effect from the date of publication thereof and, thereupon all the members of the Parishad including its President and Vice-President shall forthwith be deemed to have vacated their offices.
6. (4) The provisions of sub-section
7. (5) of section 28 shall apply so far as may be in regard to the exercise and discharge during the period of supersession of a Parishad under sub-section
8. (1) of all or any of the powers and duties of the Parishad and its President.
9. (5) The Government may reconstitute the Parishad before the expiry of the period notified under sub-section (1).

When a Parishad is dissolved under section 28 or superseded under section 29 the Government, until the date of the reconstitution thereof and the reconstituted Parishad thereafter shall be entitled to all the assets and be subject to all the liabilities of the Parishad as on the date of dissolution or supersession and on the date of reconstitution respectively.

When the Director or person appointed by the Government lawfully takes action on behalf, or in default of a Parishad under this Act, 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 Parishad or its officers whose powers he is exercising, and compensation shall be recoverable from the Fund of the Parishad by any person claiming damage from the exercise of such powers to the same extent as if the action had been taken by such Parishad or its employees.

A.

1. (1) The Government may, by notification, constitute a State Council of Parishads to aid and advise the Government in matters relating to the growth and development of Panchayati Raj institutions in the State.
2. (2) The Council shall consist of the following members, namely:--
   • (i) Chief Minister,
   • (ii) Minister in-charge of Panchayati Raj,
   • (iii) Chairpersons of Parishads.
3. (3) The Chief Minister and the Minister in-charge of Panchayati Raj shall be the Chairman and the Vice-Chairmans respectively of the Council.
4. (4) The Council may co-opt. the Ministers in-charge of Finance and Planning as its members and may also call for the participation of any officials, connected with the development, administration, in its deliberations.
5. (5) The Director shall be the ex-officio Secretary of the Council.
6. (6) Without prejudice to the generality of the powers exercisable under sub-section (1), it shall be competent for the Council to decide all disputes arising, between two or more Parishads as may be referred to it from time to time in the manner prescribed.