Chapter II CONSTITUTION OF ZILLA PARISHAD AND THEIR FUNCTIONS

1. (1) The Government may, by notification, constitute a Parishad for every district.
2. (2) Every Parishad shall, by the name of the district for which it is constituted, be a body corporate having perpetual succession and a common seal and subject to any restriction and qualification imposed by or under this Act or any other enactment shall have the power to acquire and hold property both movable and immovable, to transfer any such property held by it, to enter into contract and to do all other things as may be considered necessary, proper or expedient for the purposes of this Act, and sue and be sued in its corporate name.
3. (3) Every Parishad shall have the power to-
   • (i) undertake schemes or adopt measures including giving of financial assistance relating to the development of agriculture, social forestry, live-stock, industries, co-operative movement, rural credit, water-supply; distribution of essential commodities, rural electrification including distribution of electricity, minor irrigation, public health and sanitation including establishment of dispensaries and hospitals, communications, primary, secondary and adult education including welfare and other objects of general public utility;
   • (ii) prepare plans for economic development and social justice; (ii-a) implement schemes for economic development and social justice and undertake execution of any other scheme, performance of any act or management of any institution or organisation, as the Government may, by order, entrust to it including those in relation to the matters listed in the Eleventh Schedule to the Constitution of India, subject to such terms and conditions as may be specified in the order;
   • (iii) manage or maintain any work of public utility or any institution vested in it or under its control and management;
   • (iv) contribute to such sums as may be agreed upon to the cost of maintenance of any institutions situated outside the district which is beneficial to and habitually used by the inhabitants of the district;
   • (v) establish scholarships or award stipends within the State for the furtherance of technical or other special forms of education;
   • (vi) contribute, with the approval of Government, such sums as it may decide towards the cost of water-supply or anti-epidemic measures undertaken by a Municipality or Notified Area Council within the district;
   • (vii) adopt measures for the relief of distress;
   • (ix) contribute, with the approval of Government, such sums as it may decide towards the cost of water-supply or anti-epidemic measures undertaken by a Municipality or Notified Area Council within the district;
   • (x) adopt measures for the relief of distress;
   • (xiii) prepare, execute and supervise the district plan relating-
   • (a) monitoring and supervision of programmes like Jawahar Rojgar Yojana directly implemented by Grama Panchayats and Panchayat Samitis;
   • (b) implementation of anti-poverty programmes and monitoring supervision thereof;
   • (c) discharge of responsibilities and functions as assigned to the district Rural Development Agencies from time to time; and
   • (d) distribution of untied funds.
4. (4) Notwithstanding anything to the contrary in any other law for the time being in force, for the purpose of efficiently performing its functions under this Act, every Parishad may, within the limits of its jurisdiction-
   • (a) collect such data as it deems necessary;
   • (b) publish statistics or other informations relating to the various aspects of the regulation of the developmental activities of Grama Panchayats and Samitis in the district;
   • (c) require any Grama Panchayat or Samiti to furnish such information as may be required by it in relation to the measures undertaken by that Grama Panchayat or Samiti for the regulation of its developmental activities and such other matters as may be prescribed.
5. (5) Every non-official member of a Parishad shall, subject to such restrictions as may be prescribed have power to inspect and supervise the primary educational institutions, hospitals and dispensaries, agricultural farms and veterinary dispensaries and hospitals situated within the jurisdictions of the Parishad and shall submit his report along with his suggestions to the Parishad which shall, after considering the same, advise the Government as to the course of action to be adopted.
6. (6) Notwithstanding anything to the contrary in this Act or in any other law for the time being in force, in the Scheduled Areas,-
   • (a) no prospecting license or mining lease for minor minerals or concession for the exploitation of minor minerals by auction shall be granted under any law on or after the commencement of the Orissa Zilla Parishad (Amendment) Act, 1997 except with the prior recommendation of the Parishad;
   • (b) no acquisition of land for development projects and for resettling or rehabilitating persons affected by such projects shall be made under any law without prior consultation with the Parishad; and
   • (c) the Parishad shall plan and manage the minor water bodies.

For the efficient discharge of its functions, the Parisahd;shall constitute Standing Committees whose numbers, composition, powers and functions shall be such as may be prescribed;

Annual report

1. (1) The Parishad shall prepare in such form and at such time each year as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Government.
2. (2) The Government shall lay on the table of the Legislature all such reports together with their comments thereon.
3. (3) Every Parishad shall furnish, to the Government, such returns, statistics and other information with respect to its activities as the Government may from time to time require.

1. (1) The Parishad shall consist of the following members, namely :-
   • (a) One member elected directly on the basis of adult suffrage from every constituency within the [Parishad area];
   • (b) Chairman of each Samiti situated within the district;
   • (c) Every member of the House of the People and of the State Legislative Assembly representing constituencies which comprise wholly or partly the area of the Parishad;
   • (d) Members of the Council of States who are registered as electors within the area of the Parishad. Explanation-For the purpose of clause
   • (a) "constituency" shall mean a constituency as may be determined under sub-section (3-A) subject to Constitution.
2. (2) The names of the members of the Parishad shall be published in the Gazette.
3. (3) (a) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Parishad and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled up by direct election in that Parishad as the population of the Scheduled Castes in that Parishad area or of the Scheduled Tribes in that Parishad area bears to the total population of that area and such seats shall be allotted on rotation to different constituencies in a Parishad: Provided that where the population of the Scheduled Castes or, as the case may be, the Scheduled Tribes in a Parishad area is not sufficient for reservation of any seat, one seat for the Scheduled Castes or, as the case may be, one seat for the Scheduled Tribes shall be reserved in that Parishad area: [ Provided further that in the Scheduled Areas, not less than one-half of the total number of seats to be filled by such direct election shall be reserved for the Scheduled Tribes;]
   • (b) As nearly as may be, but not less than, one-third of the total number of seats reserved under clause
   • (a) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes: Provided that where only two seats are reserved for the Scheduled Castes or, as the case may be, the Scheduled Tribes, one of the two seats shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes. (b-1) As nearly as may be, but not less than, twenty-seven per centum of the total number of seats to be filled up by direct election in every Parishad shall be reserved in favour of backward class of citizens as referred to in clause
4. (6) of article 243-D of the Constitution in the prescribed manner [and shall be allotted by rotation to different constituencies thereof]: Provided that where, after reservation of the required number of seats for the Scheduled Castes and the Scheduled Tribes in parishad, the remaining seats are found to be insufficient for the purpose of reservation in favour of backward class of citizens, as nearly as may be, but not less than twenty-seven per centum of the remaining seats shall be reserved in favour of such citizens in that Parishad; (b-2) As nearly as may be but, not less than one-third of the total number of seats reserved under Clause (b-1) shall be reserved for women belonging to the backward class of citizens: Provided that where only two seats are reserved for the backward class of citizens, one of the two seats shall be reserved for women belonging to the backward class of citizen;
   • (e) As nearly as may be, but not less than, one-third (including the number of seats reserved for women belonging to the Scheduled Castes, [the Scheduled Tribes and the Backward class of citizens)] of the total number of seats to be filled up by direct election in every Parishad shall be reserved for women and such seats shall be allotted by rotation to different constituencies in the Parishad. (3-a) The manner in which the Parishad area shall be divided into constituencies for the purpose of clause
   • (a) of sub-section
5. (1) and the seats therein shall be reserved for the purposes of clauses (a), (b), (b-1), (b-2) and
   • (e) of sub-section (3), shall be as follows:-
   • (a) The Collector shall divide the Parishad area into constituencies in such a manner that-
     • (i) every constituency shall, as far as practicable, have a population of forty thousand or part thereof;
     • (ii) a constituency does not extend beyond the territorial limit of the Block;
     • (iii) the territorial area of a Grama is not bifurcated; and
     • (iv) a constituency is compact with due regard to geographical feature.
   • (b) The constituencies in which the density of population of the Scheduled Castes and the Scheduled Tribes is higher shall be reserved by the Collector for the Scheduled Castes and the Scheduled Tribes, respectively and shall rotate in descending order at every general election and in case of backward class of citizens such reservation and rotation shall be in the prescribed manner.
   • (c) (i) The constituencies in every district shall bear the names of the respective Blocks and be arranged serially in Oriya alphabetical order.
     • (ii) The name of every constituency so arranged serially shall include its serial number in the district.
   • (d) After the names of constituencies are so arranged in Oriya alphabetical order, the Collector shall reserve the required number of constituencies for women in the following manner:-
     • (i) reservation of constituencies for women shall be made for the Scheduled Castes at the first instance [then for the Scheduled Tribes and thereafter for the backward class of citizens and in computing one-third of the total number of constituencies, the constituencies reserved for women belonging to the Scheduled Castes [the Scheduled Tribes and the backward class of citizens], shall be taken into account;
     • (ii) out of the constituencies left, in the list of Oriya alphabetical order for candidates other than the Scheduled Castes, the Scheduled Tribes and the backward class of citizens, the constituency which appears first and, thereafter, every third constituency shall be reserved for women, until the required quota is completed;
     • (iii) as nearly as may be, but not less than, one-third of the constituencies reserved for the members of the Scheduled Castes, the Scheduled Tribes and the backward class of the citizens shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the backward class of the citizens in the manner hereinbefore provided.
   • (e) The Collector shall prepare a draft statement showing the division of the Parishad area into constituencies and the seats to be reserved therein and shall publish it in his office notice board and in the notice boards of the Sub-Collectors, Tahasildars, Executive Officers of Municipalities and Block Development Officers concerned, in the prescribed manner and for the prescribed period, inviting objections and suggestions from all persons interested within the said period.
   • (f) The Collector shall, after considering the objections and suggestions so received and making such further enquiry as he may deem fit, cause such alterations as may be necessary to be made in the draft statement referred to in clause
   • (e) and shall, thereafter, prepare a final statement showing the division of the Parishad area into constituencies and the seats to be reserved therein and submit the same to the Government for approval.
   • (g) On receipt of the final statement from the Collector under clause (f), the Government shall, if it is satisfied that the division and reservations shown therein have been made in accordance with the procedure provided hereinbefore, accord its approval and published the same in the Gazette, whereupon the division of the Parishad area into constituencies and reservation of seats therein shall become final. (3-b) The reservation of seats under clauses
   • (a) and
   • (b) of sub-section
6. (3) shall cease to have effect on the expiration of the period specified in article 334 of the Constitution.
7. (4) (a) The election of members specified in clause
   • (a) of sub-section
8. (1) shall be held in the prescribed manner: Provided that where such election is contested on political party basis, the candidates contesting such election shall use their respective party symbols.
   • (b) In the absence of any provision in this Act, or the rules, the provisions of the Representation of the People Act, 1950 and the Representation of the People Act, 1951 shall mutatis mutandis apply for the purposes of election to Parishads in the following matters, namely:-
     • (i) preparation, revision and updating of electoral rolls;
     • (ii) appointment of Electoral Registration Officers, Presiding Officers and Polling Officers;
     • (iii) qualifications and disqualifications for registration as voter;
     • (iv) such other matters which have to be, or may be required to be, dealt with for the purpose of conducting free and fair election.
   • (c) Unless the Election Commission, by order published in the Gazette directs otherwise, so much of the electoral roll of the Assembly Constituency for the time being in force as relates to a Parishad Constituency shall, subject to such revision or updating as may be necessary, be the electoral roll of the Parishad Constituency for the purpose of election to the Parishad. Explanation-For the purpose of this sub-section,-
   • (a) "candidates" means candidates duly sponsored by respective political parties;
   • (b) "party symbol" means the symbol allotted to a particular political party under the Election Symbols (Reservation and Allotment) Order, 1968; and
   • (c) "political party" means a 'National Party' or, as the case may be, a 'State Party' within the meaning of paragraph 7 of the Order referred to in clause (b).
9. (5) All the members of the Parishad including the chairpersons and the Vice-chairperson thereof shall have the right to vote in the meetings of the Parishad.
10. (6) Notwithstanding anything contained in this section, the Government may nominate to a Parishad in the Scheduled Areas, persons belonging to such Scheduled Tribes as have no representation in the Parishad:

Superintendence, direction and control of elections to vest in State Election Commission A .(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to Parishad shall be vested in the Election Commission.

1. (2) The condition of service and tenure of office of the State Election Commissioner constituting the Election Commission shall be such as the Governor may by rule determine under clause
2. (2) of Article 243-K of the Constitution.
3. (3) The Governor shall when so requested by the Election Commission, make available to the Election Commission such staff as may be necessary for the discharge of its functions.
4. (4) The Election Officers, Presiding Officers and any other officers appointed or designated for the time being for the conduct of elections under this Act shall be deemed to be on deputation to the Election Commission for the period commencing on the date of the notification calling for such election and ending with the date of declaration of the results of such election and, accordingly, such officers shall, during that period be subject to the control, superintendence and discipline of the Election Commission.

1. (1) Every Parishad, unless sooner dissolved under this Act, shall continue for five years from the date appointed for its first meeting referred to in section 8 and no longer.
2. (2) An election to constitute a Parishad shall be completed-
   • (a) before the expiry of its duration specified in sub-section (1), or
   • (b) where a Parishad is dissolved before the expiry of its duration before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved parishad would have continued is less than six months, it shall not be necessary to hold an election under this sub-section for constituting the Parishad for such period.
3. (3) The Parishad constituted upon the dissolution of a Parishad before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Parishad would have continue under sub-section
4. (1) had it not been so dissolved.

1. (1) The members of the Par ishad specified in clause
   • (a) of sub-secfion
   • (l) of Section 6 shall,-
   • (a) at its first meeting, which [shall be convened within twenty-two days, but not before the expiry of seven days from the date of ] publication of the names under sub-section
2. (2) of section 6, elect in the prescribed manner a Chairperson from among them;
   • (b) at a subsequeut meeting, which shall be specially convene3 for the purpose within thirty days kom rhe date of the ,elecriqn of the Chairperson elect the Vic~Chairperson of the parishad from among them : Provided that where the office of the Chairperson is not reserved undar this Act for women or where a Chairperson elected under this Act is not a woman, the oEce . oF,the Vice-,Chairperson of the Parishad shall , be reserved ' for Women.
3. (2) Notwithstanding anything to the contrary in sub-section (I),-
   • (a) the offices of the Chairpersons in the parishads shall be reserved for the Scheduled castes and the Scheduled Tribes and the number of offices so reserved for the Scheduled Castes and the Scheduled Tribes shall bear as nearly as may be, the same proportion to the total number of such offices as the population of the Scheduled Castes and Scheduled Tribes respectively in the State bears to the total population of the State : Provided that in the Scheduled Areas, offices of Presidents of all the Parishads shall be reserved for the Scheduled Tribes.
   • (b) as nearly as may be, but not less than, one-third of the total number of offices of Presidents reserved under clause
   • (a) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes ;
   • (c) as nearly as may be, twenty-seven per centum of the offices of presidents in Parishads shall also be reserved in favour of backward class of citizens as referred to in clause
4. (6) of article 243-D of the Constitution ;
   • (d) as nearly as may be, one-third of the total number of offices of Presidents reserved under clause
   • (c) shall be reserved for women belonging to the backward class of citizens ; and
   • (e) as nearly as may be, but not less than, one-third (including the number of offices reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the backward class of citizens) of the total number of offices of Presidents in Parishads shall be reserved for women.
5. (3) Reservation of Offices of President under sub-section
6. (2) for the Scheduled Castes, Scheduled Tribes [backward class of citizens and Women] shall be made by Government by rotation among different Parishads and the reservation so made shall be published in the Gazette.
7. (4) The procedure provided in subsection (3-A) of Section 6 relating to reservation of seats in the Parishads for the Scheduled Castes, the Scheduled Tribes backward class of citizens and Women] shall, as far as may be, be applicable for the purposes of reservation of offices of Presidents to be made by the Government under subsection (3).
8. (5) The reservation of offices of presidents under clauses
   • (a) and
   • (b) of subsection
9. (2) shall cease to have effect on the expiration of the period specified in article 334 of the Constitution.

1. (1) The resolutions of a Farishad shall be given effect to by the President in whom the executive powers of the Parishad shall vest. In cases of emergency he may take necessary action which shall be subject to the approval of the Parishad at its next meeting.
2. (2) When the office of the President is vacant the Vice-President of the Parishad shall, for all the purposes of this Act, exercise the powers and perform the functions of the president until the new president is elected.
3. (3) When the office of the President is vacant or the President has been continuously absent from the district for more than fifteen days or is incapacitated for more than fifteen days and there is either a vacancy in the office of the Vice-president or the Vice-President has been continuously absent from the district for more than fifteen days or is incapacitated for more than fifteen days the powers and functions of the President shall devolve on an elected member of the Parishad from out of a panel of three such members in order of priority nominated by the president in that behalf who shall be the officiating President and shall exercise the powers and perform the functions of the President, subject to such restrictions and conditions as may be prescribed, Until the president or Vice-President assumes office on being duly elected or, as the case may be, taken charge of his office.
4. (4) The President shall nominate the panel as referred to in sub-section
5. (3) within a period of one month from the date of the first meeting of the Parishad failing which, the Parishad shall nominate the Panel in its first meeting held after the expiry of the aforesaid period of one month.

The President and the Vice-President shall be paid such honorarium per month as may be prescribed by Government from time to time.

1. (1) A Parishad shall meet not less than four times during any year for the transaction of its business and a period of more than three months shall not be allowed to elapse between two successive meetings.
2. (2) The business of the Parishad shall be conducted in the prescribed manner.
3. (3) Nothing in this Act shall prevent any member referred to in clauses
   • (c) and
   • (d) of sub-section
4. (1) of Section 6 to nominate a person to represent him in any meeting of the Parishad except the meeting convened under section 39. where such member can not attend the meeting due to other engagements. and in every such case, the person so nominated shall have the right to speak in, and otherwise take part in the proceedings of, the meeting of the parishad but shall not, by virtue of this provision, be entitled to vote.

1. (1) The Chief Executive Officer of the Parishad shall, in each year, prepare and place before the Parishad through its President on or before the prescribed date a budget estimate for the following year containing such particulars as may be prescribed and the Parishad shall sanction the budget with such modifications, if any, as it thinks fit and the budget so sanctioned shall be submitted to the Government in the prescribed manner.
2. (2) If, in the course of a year, a Parishad finds it necessary to alter the figures shown in the budget with regard to its receipts or to the distribution of the amounts to be expended on the different services undertaken by it, a supplementary or revised budget may be prepared, sanctioned, submitted and modified in the manner provided in sub-section (1).

1. (1) The Collector of the district shall be the Chief Executive Officer of the Parishad who shall, subject to the provisions of this Act, exercise such powers and perform such functions as may be prescribed.
2. (2) The State Government may appoint such number of Executive Officers to the Parishad as may be expedient, who shall remain under the administrative control of the Chief Executive Officer and shall exercise such powers and perform such functions as may be prescribed.
3. (3) The [Project Officer, District Rural Development Agency] shall be the ex-officio secretary of the Parishad.
4. (4) The Chief Executive Officer and the secretary of the Parishad shall attend all meetings thereof and may take part in the discussion therein, but shall not have the right to move for resolution or to vote.