Chapter VI MISCELLANEOUS

1. (1) A person shall not be eligible to stand for election under clause
   • (a) of sub-section
2. (1) of section 6, if he-
   • (a) is not ordinarily residing within the Parishad area;
   • (b) is of unsound mind; or
   • (c) is an applicant to be adjudicated as an insolvent or is an undischarged insolvent; or
   • (d) is a deaf-mute or is suffering from leprosy or tuberculosis; or
   • (e) is convicted of an election offence under any law for the time being in force; or
   • (f) is not a citizen of India; or
   • (g) is convicted of an offence involving moral turpitude; or
   • (h) holds any office of profit under the State or Central Government or any Local Authority; or
     • (i) is a teacher in any School recognised under the provisions of the Orissa Education Act, 1969 for the time being in force; or
   • (j) holds the office of a Minister either in the Central or in the State Government; or
   • (l) has been dismissed from service of the State or Central Government or any Local Authority; or
   • (m) has been in arrears of any tax, Fee or rate due by him to any Grama Panchayat for a continuous period of two years; or
   • (n) being a member of any Society registered under the Orissa Co-operative Societies Act, 1962 has failed to pay any arrears of any kind accrued due by him to such Society for a continuous period of two years or more; or
   • (o) is in the habit of encouraging litigation in the villages and has been declared to be so on enquiry by the prescribed authority in the prescribed manner; or
   • (p) is interested in a subsisting contract made with or any work being done for the Parishad or any Government except as a share-holder other than a Director in a Company or except as may be prescribed; or
   • (q) is a paid and retained legal practitioner on behalf of the Parishad; or
   • (r) is disqualified by or under any law for the time being in force for the purpose of elections to the Legislature of the State; or is disqualified by or under any law made by the Legislature of the State; or
   • (t) is less than twenty-one years of age; or
   • (u) is not able to read and write Oriya; or
     • (v) has more than one spouse living; or
   • (w) has more than two children: Provided that the disqualification under clause
   • (g) or
   • (j) may be removed by the Government in the prescribed manner: Provided further that the disqualification under clause
   • (w) shall not apply to a person who has more than two children on the date of commencement of the Orissa Zilla Parishad (Amendment) Act, 1993 or, as the case may be, within a period of one year of such commencement, unless he begets an additional child after the said period of one year.
3. (2) An elected member of a Parishad, including the President and vice-President shall cease to be member if he-
   • (i) is not ordinarily residing within the district or ceases to so reside or is, or becomes, subject to any of the other disqualifications specified in sub-section (1);
   • (ii) has been continuously absent from the district for more than six months without prior intimation in writing,-
   • (a) in the case of a President, to the Parishad;
   • (b) in the case of any other member or Vice-President, to the President;
     • (iii) has absented himself without permission from three consecutive ordinary meetings of the Parishad; on passing a resolution by the Parishad to that effect in the manner hereinafter specified, namely:-
   • (a) any member including the President and vice-President desiring to absent himself from a meeting of the Parishad shall submit his written application to the Parishad through the Chief Executive Officer Prior to the date of such meeting;
   • (b) an application received after the date of the meeting and before the next meeting of the Parishad may be accepted for consideration if the Parishad is satisfied that there was sufficient reason for which the applicant failed to submit the application in time;
   • (c) The Chief Executive Officer shall place the application in the immediately following meetings of the Parishad for consideration and the Parishad may grant or refuse permission;
   • (d) Where such refusal of permission shall result in absence from three consecutive meetings, the Parishad shall specify in the resolution whether the applicant shall cease to continue as a member, President or Vice-President, as the case may be, of the Parishad;
   • (e) an absence without an application desired under clause
   • (a) or
   • (b) shall be deemed to be an absence without permission. Explanation-The meetings which are adjourned without transacting any business shall not be reckoned as ordinary meetings of the Parishad;
     • (iv) being a legal practitioner, appears or acts as such against the Parishad.
4. (3) Where a person ceases to be member under clause
   • (e) of sub-section (1), he shall be restored to office for such portion of the term of office as may remain unexpired at the date of such restoration, if the sentence is reversed or quashed on appeal or revision or the offence is pardoned or the disqualification is removed by an order of the Government and any person filling the vacancy in the interim period shall, on such restoration, vacate the office.

1. (1) Notwithstanding anything contained in any other law, an elected member of Parishad including the Chairperson and the Vice-Chairperson thereof shall not hold simultaneously,
   • (i) an elected office in any Samiti or Grama Panchayat; or
   • (ii) an office as a member of the House of the People or of the Council of States or of the State Legislature.
2. (2) Where a person is elected as a member of the Parishad-
   • (i) while holding an elective office under any Samiti or Grama Panchayat, he shall be deemed to have ceased to hold the first elected office; or
   • (ii) while continuing as a member of the people or of the Council of State or of the State Legislature, he shall be deemed to have ceased to hold the elected offices in the Parishad, on and from the expiry of a period of thirty days from the date of publication of his name under sub-section
3. (2) of Section 6, unless he submits within that period his resignation, in the prescribed manner, from one of such offices.

1. (1) Whenever it is alleged that any member of a Parishad is or has become disqualified, or whenever any such member is himself in doubt whether or not he is or has become disqualified, such member or any other member may and the President at the request of the Parishad shall, apply to the District Judge having jurisdiction over the place where the office of the Parishad is situated, for a decision on the allegation or doubt.
2. (2) The District Judge shall, after holding an enquiry in the prescribed manner determine whether or not such member is or has become disqualified and his decision shall be final.
3. (3) Pending such decision the member shall be entitled to act as if he is not disqualified.

1. (1) If for any reason whatsoever the electorate fails to return a member in accordance with the provisions of clause
   • (a) of sub-section
2. (1) and sub-section
3. (3) of section 6, a fresh election shall be held in respect of the vacancy on such date and in such manner as may be prescribed and in case the electorate still fails to return a member at such fresh election, the Government shall nominate a person who is otherwise eligible to be elected and the person so nominated shall, subject to the provisions of sub-section
4. (2) of section 33, be deemed to have been validly and properly elected.
5. (2) Where the seat of any member is reserved under sub-section
6. (3) of section 6 for any particular category and the Government fails to nominate under sub-section
7. (1) a person to such seat, for non-availability of any eligible person belonging to that category such seat shall, on recommendation being made to that effect by the Collector, be dereserved by the Government after such enquiry as it may deem fit and shall, thereafter, be filled up by fresh election.

Oath of allegiance

1. (1) Every elected member including the Chairperson and the Vice-Chairperson of the Parishad shall, before taking his seat, take at a meeting of the Parishad an oath or affirmation of his allegiance to the Constitution of India in the following form, namely:— "I, ..., having become a member/the Chairperson/the Vice-Chairperson of the Zilla Parishad, swear in the name of God/Solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established that I will faithfully discharge the duty upon which I am about to enter."
2. (2) Any such member, Chairperson or Vice-Chairperson who fails to take within three months of his date with effect from which he holds office or at any one of the first three meetings of the Parishad which ever is later, the oath or affirmation as aforesaid, shall cease to hold office as such and thereupon the seat shall become vacant.
3. (3) No such member, Chairperson or Vice-Chairperson shall take his seat at a meeting of the Parishad or do any act as such unless he has made oath or affirmation as provided in this section.

Resignation of President, Vice-President and members The President, Vice-President, or any member of the Parishad may resign his office as such President, Vice-President, or member by giving notice in writing to the Parishad. Except in a case where the person resigning delivers the notice of resignation personally to the Chief Executive Officer, such officer shall, on receipt of a notice of resignation, obtain confirmation from the person concerned as to its genuineness.

Cessation of membership and Chairman of the Samiti Cessation of membership of Chairman in the Samiti

1. (1) Notwithstanding anything contained in any law for the time being in force, the Chairman of a Samiti shall cease to be the Chairman with effect from the date on which he ceases to be a member of the Parishad by tendering his resignation or otherwise.
2. (2) In the case of dissolution or supersession of a Samiti the Revenue Divisional Commissioner shall nominate a person to represent the Samiti in the Parishad during the period of such dissolution or supersession, if such person is otherwise eligible to be elected as a member of such Samiti, and the person so nominated shall, for all purposes, be deemed to be a member of the Parishad.

Vote of no confidence against President and Vice-President

1. (1) Where at a meeting of the Parishad specially convened in that behalf a resolution is passed, supported by a majority of not less than two-thirds of the total members having a right to vote, recording want of confidence in the President or Vice-President of such Parishad, the resolution shall forthwith be published by such authority and in such manner as may be prescribed and with effect from the date of such publication, the President or Vice-President, as the case may be, shall be deemed to have vacated office.
2. (2) In convening a meeting under sub-section
3. (1) and in the conduct of business at such meeting the procedure herein specified shall be followed, namely:—
   • (a) no such meeting shall be convened except on a requisition signed by at least one-third of the members with a right to vote, along with a copy of the resolution proposed to be moved at the meeting;
   • (b) the requisition shall be addressed to the Revenue Divisional Commissioner;
   • (c) the Revenue Divisional Commissioner shall convene the meeting of the Parishad, as fixed in the requisition on the date and hour fixed by him at the office of the Parishad, with notice to all the members with a right to vote, along with a copy of the requisition and of the proposed resolution at least seven clear days before the date of the meeting;
   • (d) the Revenue Divisional Commissioner or when he is unable to attend, any other Gazetted Officer not below the rank of a class-I officer of the State Civil Service, authorised by him, shall preside over and conduct the proceedings of the meetings;
   • (e) the voting at all such meetings shall be by secret ballot;
   • (f) no such meeting shall stand adjourned to a subsequent date, and no item of business other than the resolution for recording want of confidence in the President or the Vice-President shall be taken up for consideration at the meeting;
   • (g) no such resolution shall be taken up for consideration unless it has been proposed by one member and has been seconded by another member at the meeting;
   • (h) after the resolution is taken up for consideration, the member proposing the resolution may open the discussion thereto and other members may speak on the resolution in the order in which they are called upon by the Presiding Officer: Provided that no member shall, unless so permitted by the Presiding Officer have the right to speak more than once and if any member who is called upon does not speak he shall not be entitled, except by the permission of the Presiding Officer, to speak at a later stage of the discussion;
     • (i) where the President or, as the case may be the Vice-President against whom the resolution has been tabled, is present, he shall be given an opportunity to speak by way of reply to the resolution and the discussion made at the meeting;
   • (j) the Presiding Officer shall fix the time within which each member, including the President and the Vice-President, shall conclude his speech;
   • (k) if the number of members present at the meeting is less than a majority of two-thirds of members having a right to vote, the resolution shall stand annulled;
   • (l) if the resolution is passed at the meeting supported by a majority of two-thirds of members having a right to vote, the Revenue Divisional Commissioner shall forward the resolution to the authority prescribed in pursuance of sub-section (1).
4. (3) Where a meeting has been held in pursuance of sub-section
5. (2) for recording want of confidence in the President or Vice-President, as the case may be, no fresh requisition for a meeting shall be maintainable:—
   • (a) in cases falling under clauses
   • (k) and
   • (l) of the said sub-section or where the resolution is defeated after being considered at the meeting so held, before the expiry of one year from the date of such meeting; or
   • (b) where the notification calling for general election to the Parishad has already been published under or in pursuance of sub-section
6. (2) of section 7.
7. (4) Without prejudice to the provisions of sub-section
8. (1) no requisition under sub-section
9. (2) shall be maintainable in the case of a President or Vice-President, as the case may be, before the expiry of two years from the date on which such President or Vice-President enter office.

Casual vacancies Where a vacancy occurs in the office of an elected member or of the Chairperson or Vice-Chairperson of a Parishad by reason of death, resignation or otherwise of the person holding such office, the vacancy shall be filled up, so far as may be, in the same manner as provided for that office in section 6 or 8, as the case may be and the member or the Chairperson or Vice-Chairperson so elected shall hold office for the remainder of the term of office of the member or, as the case may be, the Chairperson or Vice-Chairperson in whose place he has been elected.

Vacancy not to invalidate proceedings No act or proceeding of the Parishad shall be invalidated on account of any vacancy in the membership or any defect or irregularity in any such act or proceeding, not affecting the merits of the case.

42. [Omitted] [Omitted]

No member to receive remuneration

1. (1) Save as provided in section 10, no non-official member of a Parishad shall receive or be paid any salary or other remuneration for services rendered by him in any capacity whatsoever except with the sanction of the Government but shall be allowed travelling allowance for such purposes and at such rates as may be prescribed.
2. (2) [Omitted]

President, Vice-President and employees to be public servants

1. (1) The President, the Vice-President and the employees of the Parishad shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
2. (2) The employees of the Parishad shall be governed by the Orissa Government Servants' Conduct Rules, 1959.

Protection of action taken under the Act No suit, prosecution or other legal proceeding shall lie against any person in respect of anything done or intended to be done in good faith under this Act or the rules made thereunder.

Notice of suit or proceeding No suit or other legal proceedings shall be instituted against any Parishad or the President, member or employees thereof in respect of any act purporting to be done by them in their official capacity, until the expiration of two months next after notice in writing has been delivered to or left,—

1. (a) in the case of a suit or proceeding against the Parishad, at the office of the President; and
2. (b) in the case of a suit or proceeding against the President, member or employees, at the office of the Parishad stating the cause of action, the name description and place of residence of the plaintiff or petitioner and the relief which he claims, and the plaint or petition shall contain a statement that such notice has been so delivered or left.

1. (1) The Government may, either suo motu or on an application from any person interested, call for and review the record of a Parishad in respect of any proceeding including any proceeding under section 39 for the correctness, legality or propriety of any decision or order passed therein, and if, in any case, it appears to the Government that any such decision or order should be modified, annulled or reversed, or remitted for reconsideration, they may pass such orders accordingly: Provided that the Government shall not pass any order prejudicial to any party, unless such party has had an opportunity of making a representation.
2. (2) The Government may stay the execution of any such decision or order pending the exercise of their powers under sub-section
3. (1) in respect thereof.
4. (3) The Government may, suo motu at any time or on an application made from any person interested, within ninety days of the passing of an order under sub-section (1), review any such order if it was passed by them under any mistake, whether of fact or of law or in ignorance of any material fact. The provisions contained in the proviso to sub-section
5. (1) and in sub-section
6. (2) shall apply in respect of any proceeding under this sub-section as they apply to a proceeding under sub-section (1).
7. (4) Every application preferred under sub-section
8. (1) or sub-section
9. (3) of this section shall be accompanied by a fee of ten rupees.

1. (1) The Government may, by notification, delegate all or any of their powers under this Act except those conferred upon them by sections 3, 23, 28, 29, 51, 52 and 53 to any person or authority subordinate to them and may, in like manner, withdraw any power so delegated.
2. (2) The exercise of any powers delegated under sub-section
3. (1) shall be subject to such restrictions, limitations and conditions and to such control and revision by such authority as may be specified in the notification.

No suit or proceeding referred to in section 46 shall, unless it be a suit or proceeding for the recovery of immovable property or, for a declaration of title thereto, be commenced after the expiry of six months from the date of which the cause of action arose or in the case of a continuing injury or damage after the expiry of six months from the date of cessation thereof.

All amounts due to be recovered under this Act, shall, without prejudice to any other mode of recovery, be recoverable as arrear of land revenue.

1. (1) The Government may, after previous publication, make rules consistent with the provisions of this Act to carry out all or any of the purposes of this Act and prescribe forms for any matter for which they consider that a form should be provided.
2. (2) In particular and without prejudice to the generality of the foregoing powers such rules may provide for-
   • (i) the conditions subject to which property may be acquired or transferred by sale, mortgage, lease, exchange or otherwise by a Parishad;
   • (ii) regulating the duties, functions and powers of a Parishad;
   • (iii) generally determining the relations between Grama Panchayat, Samitis and the Parishad for the guidance of Parishads in all matters connected with the carrying out of the provisions of this Act;
   • (iv) regulation of all elections under this Act, including deposits to be made by candidates at an election to the office of the President, the conditions for forfeiture or refund of such deposit and the qualification of proposer or seconder;
   • (v) specifying the superintendence of the district in exercise of the Government to the Parishads;
   • (vi) any other matter which has to be prescribed under this Act.

1. (1) Subject to such rules as may be made, a Parishad may, with the approval of the Government, make bye-laws for carrying out any of the purposes for which it is constituted.
2. (2) The Government shall have power to make rules regarding the procedure for making bye-laws under this section, the publication thereof and the date on which they shall come into effect.

1. (1) The Government may, from time to time, with a view to ensure the proper functioning of the Parishads and the proper implementation of the provisions of this Act issue such administrative orders, directions and instructions as they deem fit not inconsistent with the aforesaid provisions and the rules made thereunder for the guidance of the Parishads.
2. (2) Without prejudice to the provisions of sub-section
3. (1) if any doubt or difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, by order, do anything which appears to them necessary for the purpose of removing the doubt or difficulty: Provided that no order shall be issued under this sub-section after the expiration of a period of two years from the date of commencement of section 1 of this Act.