The ORISSA ANCHAL SASAN ACT, 1955

41
* ORISSA ACT No. 4 OF 1958
THE ORISSA ANCHAL SASAN ACT, 1955
( Received the assent of the Governor on the 3rd March 1956,first publis
shed in an Extraordinary issue of the Orissa Gazette, dated the —
12th March 1956]
AN ACT TOPROVIDE FOR DECENTRALISED ADMENISTRA-
TION OF LOCAL AREAS BY OONSTITUTING
ANOHALS AND ANCHAL SASANS THEREFOR
IN THE STATE OF ORISSA
WHEREASit is expedient to provide for decentra-
lised administration of local areas by consti-
tuting Anchals and Anchal Sasans therefor in the
State of Orissa ;
It ishereby enacted by the Legislature of the
State of Orissa in the Sixth Year of the Republic
of India as follows :—-
CHAPTER I
Short title, 1, (1) This Act may be called the Orissa Anchal
extentand Sasan Act, 1955. *
ment.
(2) It extends to the whole of the State of
Orissa.
(3) This section and section 4 shall come into
force at once and the remaining sections shall
comeinto force in such area and on such date as
the State Government may by notification under
section 4 declare to be an Anchal.
i Bnactmonte 2. On and from the date of the notification, if
repealad. any, a8 aforesaid on which the remaining provisions
of this Act come into force in any Anchal the
enactments specified in Schedule I and Schedule IY
so far as they are in force in the State of Orissa
 
For Statement of Objects and Reasons aca Orisen Gazette extraordinary, datedthe 4thApril 1958,
ndfor 8C, Re, ss Oriesa Gazette, Batraordinary, dated the 6th August, 1986.

Definitions
42
shall from the date of the notification stand repealedto the extent mentioned in the third column ofSchedule I and amended to the extent mentioned. inthe third column of Schedule IT in their applicationto the said Anchal:
Provided that such repeal shall not affect thevalidity of anything done or suffered or any right,privilege, obligation or liability acquired, accrued orincurred, or revive any office, authority or thingabolished cr extinguished, under the ‘enactmentsnerebyrepealed :
Provided further that until a new assessmentis’made under this or any other Act, any assessment,tate or tax or any other levy which was in force inan Anchal in pursuance of the provisions of theenactments specified in Schedule I shall continue toremain in force and all sums due or that may faildue on account of such agsessment, rate or tax orother levy shall, subject to the provisions ofChapter VIII, be realised in the manner prescribed.
3. In this Act unless thereisanything repugnantin the subject or context— .
(i) * Additional: District Magistrate’ meansthe Additional District Magistrate of the district andwhere there are more than one Additional DistrictMagistrate in the district, the Additional DistrictMagistrate who is specially empowered by the StateGovernment under this Act 3
(ii) ‘Agricultural year’ means where theOriya year prevails, the year commencing on thefirstday of Baisakh of the Oriya year; where the Fasliyear prevails, the year commencing on the first dayof July and where any other year prevails, foragricultural purposes, that year ;
Explanation—In the event of any question asto the particular agricultural year in any area thenotification by the Board of Revenue on this behalfshall be conclusive ;
(i) ‘Anchal’' means the area declared to bean Anchal under section 4 ;
(iv) ‘Anchal Executive Officer’ means an Officerappointed as such under section 79 ;(v) ‘Anchal Fund’ means the fund constitutedunder section 160 ;
(vt) ‘Anchal Sabha’ moans the Sabha consti-tuted undersection 9 ;(vit) ‘Anchal Sasan’ means theauthority consti-tuted under section 4 ;

43
(vit) ‘Area of Representation’ means the area
80 formed under section 8 ;
(ia) * Centralised Pension Fund’ means the
fund specified under section 82 ;
(z) ‘ Competent Education Authority ’ means
the authority specified by any law for the time
being in force controlling education to act in the
matter in reference ;
(xt) ‘District Board’means the body constituted pengal Aotfor the local administration of the districtHt91995,
under the Bihar and Orissa Local Self-Govern- xIvof1920ment Act, 1885, the Madras Local Boards Act, 1920 Oremoan
and the Sambalpur Local Self-Government Act,
1939 ;
(xii) ‘ Executive Committee ’ means the com-
mittee constituted under section 67 :
(xiit) ‘ Grama Panchayat ’, ‘Grama Sabha’ and
‘Grama Fund’ shall have the meanings assigned to
them under the provisions of the Orissa Grama.
Panchayats Act, 1948 ; SeteAct
(xiv) «Joint Committee’ means the committee
constituted under section 66 ;
(xv) ¢ Municipality? means a municipality orisss Act
constituted under the Orissa Municipal Act, 1950 ; IORIof
(avi) « Notified area ’ means any area notified
as such undersection 417 of the Orissa Municipal Act, orises Act
1950 ; arof
(awit) ‘ Prescribed ’ means prescribed by rules — °
made by the State Government underthis Act ;
(aviie) * President ’means any person presiding
over a meeting of the Anchal Sabha or anyofits
Committees ;
(xiv) ‘Provident Fund’ means the fund
specified under section 82 ;
(wa) ‘Resident’ with all its grammatical
variations and cognate expressions means, a person
who (é) resides permanently in the Anchal;or (i) has
his dwelling house within its loca) limits and
occasionally visits it; or (ii) having no dwelling
house ofhis own resides in a building or a part of
the building situated within its limits for not less
than six monthsduring the calendaryearimmediately
preceding the year in which the election is held; or
(v) maintains within such limits a dwelling house
ready for occupation in charge of servants and
occasionally occupies it ;

Co n stitn-tion ofAnchalandAnchalBasan.
Incorpors-
tion
Anchal
Babha,ita
powers,
duties and
functions.
44
{xai) ‘ Special Committee ’ means a Commit-
tee constituted under section 63 ;
(ait) ‘Technical Advisers’ means advisers
nominatedyas such under section 88 ;
(zwni) ‘ Village ’ means any area recorded as a
village [in,ftheyRevenue records of the district in
which it is situated ; and
(xaiv) ‘Year ’ means the year commencing on
the Ist;dayofSeptember.
4. 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 andspecify the nameof the
Anchal and constitute an AnchalSasan for the same :
Provided that the State Government may after
making such enquiry and in such manner as may be
prescribed, by notification, (¢) exclude from any
Anchal any area comprised therein, or (é¢) include in
any Anchal any area contiguous to the same
and within the same district, or (dit) cancel or modify
a notification under this section, or (tv) alter the name
of any Anchal:
Provided further that the area within the juris-
diction of any of the Municipal Councils specified in
Schedule III to this Act shall not be included in any
Anchal.
5. Every Anchat Sasan shallbe 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.
6. There shalt be for every Anchal Sasan an
Anchal Sabha as hereinafterconstituted 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 AnchalSabha :
Provided that pending the formation of .an
Anchal Sabha the State Government may nominate
an Officer not below the rank of a Deput
Collector who shall exercise all the powers on beha.
ofthe Anchal Sabha subject to such general orders
or special directions a8 the State Government may
from time to time issue in this behalf.

     
ent of
thority of
eAnchal
utive
r,
   
Alonstitutoh
ofAnchal
Sabha.
Election
45
7. Save as otherwise expressly provided by or
under this Act, the executive power of the Ancha
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.
8. On the declaration of an area as an Ancha
- under section 4 the State Governmentshallnotify 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 ofrepresentation ;
(b) all villages not falling within a Grama Pan-
chayat or any Municipality or Notified Area Counci
shall be grouped into different compact areas each
having a population of not less than two thousand
but n « exceeding four thousand inhabitants and each
such area shall be an area of representation.
9. . n Anchal Sabha shall consist of—
(a) Members duly elected undersection 10;
and
(b) Members duly co-opted in the prescribed
manner undersection II for special representation of
women, Scheduled Castes, or Scheduled Tribes.
10. (1) Within fifteen days of the declaration
of the division of an Anchal into areas of representa-
tion, the Collector shall call upon each
Grama Panchayat and each Municipality or Notified
Area Council within the Anchal te duly elect from
jamongst the persons esiding within their respective
urisdictions, a repre sentative to the Anchal Sabha
and such Grama Pan chayat, Municipality or Notified
Area Council shall thereupon elect a representative
nthe prescribed manner:
Provided that nothing herein contained shall
debar a ; emberi or councor,as_ the case may be,
ofsuch Locel authority frombeing so elected to thel
Anchal Sabha.
(2) Foran area ofr epresentation for which there
isno Grama Panchayat, Municipality or Notified Arel
Council, there shall be elected in the presscribed
manner a representative from amongst the personal
ordinarily residing in the said area,to the Ancha
Sabha,

46
ose ; 11. If in an Anchal the election does not
tion, return 6a representative of a Scheduled Caste,
or @ woman and in Anchals specially notified
by the State Government in this behalf, a
Member belonging to the Scheduled tribe, the
Anchal Sabha shall co-opt in the prescribed manner
a Member ordinarily residing in the Anchal
from each of the class or classes not represented.
Explanation--A person shall be deemed to
reside ordinarily in an Anchal if he (<) resides
permanently in the Anchal ; or (i#) has his dwelling
house within its local limits and occasionally visits
it ; or (a) having no dwelling house of his own resides
in a building or a part of the building situated
within its limits for not less than six months
during the calendar year immediately preceding
the year in which the election is held ; or (iv) main-
tains within such limits a dwelling house ready for
occupation in charge of servants and occasionally
occupies it,
Tenureof 12. (1) A Memberelected for an area of represen-
Membership. tation under sub-section (2) of section 10, or sub-
section (3) of section 13, or co-opted under section 11,
shall not hold office for more than three years. The
Anchal Executive Officer shall at such time and in
i such manner as may be prescribed, take stepsbefore
the expiry of the term of office of such elected or
co-opted Member for the election or co-option of a
successor, as the case maybe.
(2) Notwithstanding anything contained inthis
Act or any rule made thereunder an outgoing Member
of the Anchal Sabha shall continue to hold office
until his successor enters upon the office in accor-
dance with the provisions of this Act.
Vacation of 13. (1) Whenever a Grama Panchayat, Munici-
andflan? pality or Notified Area Council has been abolished,
vacancy. 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 saidsection
* shall cease to hold office in the Anchal Sabha. Ifsuch |
i 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 reconsti-
tution, Ji nieek:
bes
    

Publication —
in the
Ganotte,
 
41
(2) If a Grama Panchayat, Municipality or
Notified Area Council is formed newly in an Anchal
eo-terminus with one or more areas of representation,
the Members elected under sub.section (2) ofsection
lu for such area or area. 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
Sabhaispublished. .
(3) If a Grama Panchayat, Municipality or
Notified Area Council is newly formed in an Anchal
andits area instead of being co-terminus with the area
or areas of representation overlaps other area or
areas. so a3 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  re-
presentation 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 tho 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
preseribed manner,
(5) Ifa seat in an Anchal Sabha falls vacant
ander the provisions ofthis Act or rules made there-
under, 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,
@ new representative to the Anchal Sabha.
14. (1) On the first election of Members under
section 10 their names shall be published in the
Gazette within such period and in such manner an
may be prescribed 1

 
Memkethip, or co-option as a Member of the Anchal Sabha,ifsuch person—
48S
Provided that the State Government may,if they are satisfied that certain areas of representa-~tion have failed without sufficient cause to elect orsend the namesoftheir representatives to the AnchalSabhafor publication within the prescribed period,cause the publication ofthe names of the representa-tives already received within such period and in suchmanner as may be prescribed,
(2) The names of other Members elected, orco-opted from timeto time shall be published in theGazette in the prescribed manner.
15. (1) If any person is elected to more than one. area of representation or is elected to more than oneAnchal Sabha, he shall, by notice in writing signedby him and delivered to the Collector within theprescribed time and manner, declare for which ofthe areas of representation or Anchal Sabhas,he elects. to serve and such declaration shallbe conclusive.
(2) When any such declaration has been madehis seat in other areas. of representation or theAnchal Sabha for which such person was elected,shall fall vacant. .
22H(3) If the candidate does not make the declara-tion referred to in sub-section (1) within the presorib-ed time the election of such person shall be void inall the areas of representation or the Anchal Sabhasconcerned and action shall be taken for election toall the vacancies.
16. (1) No person shall be eligible for election
(a) is not a citizen of India ; or
() is appointed a Member of the Counoil ofMinisters, or elected as Speaker of tho OrissaLegislative Assembly ; or
(c) has been adjudged by a competent courtto be of unsound mind or is under twenty-one yearsof ago ; or
(@)is on undischarged insolvent or beingdischarged insolvent has not obtained from theCourt a certificate. that insolvency was caused bymisfortune without misconduct on his part ; or

Procedure
fur vacation
on disquali-
fication.
49
(e) is employed asa paid jegal practitioner on
behalf of the Anchal Sasan or against the Anchal
Sagan ; or
(f) is an officer or employee holding office
under the Anchal Sasan or has been dismissed from
the Anchal Service ; or
(9) is a Government servant either whole-time
or part-time ; or
(A)has been dismissed from Government
service ; or .
(3) being an employee of any Local authority
whether whole-time or part-time has beon 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 acof
(4)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 anyinterest in such contract by reason only
ofhis 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 ofmoney only.
(2) Notwithstanding anything contained in
sub-section (1) the State Government may, by order
in writingremoveany of the disqualifications provided
in clauses (g), (¢) and (j) of sub-section (1).
47. (1) Any person elected or co-opted as a
Member of an Anchal Sabha shall, if he becomes
disqualified under the provisions of this Act, ceases
to be @ Member of the Anchal Sabha and the State
Government shall by a notice call upon him forths
with to vacate the seat.
(2) If the Member on notice issued under sub-
section (1) contests the disqualification in the

 
Election
petition.
50
prescribed manner, the State Government shall referthe case for decision to an Additional DistrictMagistrate of the district, who after making such
enquiry ashe may deem necessary shall determinewhether or not such person is disqualified and hisdecision shall befinal.
(3) Where a case has been referred to the Addi-tional District Magistrate under sub-section (2)the Member shall not be deemed to have vacatedhis seat by reason of disqualification until the Addi-tional District Magistrate 80 decides.
18. (1) The election of any person as a Memberof an Anchal Sabha may be questioned by election
petition on the ground that—
(@) 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 byreason of improper rejection or admission of one ormore votes or for anyother reason and was not dulyelected 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 theground of wrongful admission or rejection of nomina-tion paper for which an appealshall lie within suchperiod as maybe prescribed to an Additional DistrictMagistrate whose decision in this behalf shallbe final.
(2) The election of any person asa member ofan Anchal Sabha shall not be questioned on theground that —~
(a) there was a casual vacancy in membershipor there was a defect in the constitution of the GramaPanchayat, Municipality or Notified Area Coun-oil ; or
(6) there was any non-compliance’ with theprovisions of this Act or any rule made thereunderor any mistake in the forms required thereby, or anyerror, irregularity or informality on the part of theofficer or officers charged with carrying out the pro-
visions of this Act, or any rules, unless such non-
compliance, mistake, error, irregularity or informalityhas materially affected the result ofthe election.
 

e
Formof
Petition
Interplead-ing.
Procedure
51
19. (1) The petition shall be presented by any
candidate duly nominated in the election or by an
elector of the electorate before the Additional Dis-
trict. Magistrate together with a deposit of one
hundred rupess 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 ia questioned and
all other candidates duly nominated at such election
shall be impleaded as opposite parties to the petition.
20. Every opposite party may give evidence to
prove that any person in respect ofwhom a claim is
madethat suchperson bedeclared elected in his place
orin priority to him should not be declared so elected,
in the same mannerasifho had presented a petition
against the election of auch persen,
21, (1) An election petition shall be heard by an
Additional District Magistrate within whose jurisdic-
tion the area of representation concerned may be
situated at a place in the Anchal or in a Municipality
contiguous to the Anchal.
(2) Such Additional District Magistrate ( hercin-
after referred to asthe Tribunal) shall be deemed
to exercise jurisdiction aa persona designata.
22, (1) The Tribunal shall, as soon as may be,
cause a copy of the petition together with the
particulars ‘referred to in sub-section (1) of
section 19 to be aerved on the opposite parties
referred to in sub-section (2) of the said section.
(2) Except as otherwise expressly provided. by
this Act or the rules made thereunder the procedure
provided in the Code of Civil Procedure, 1908, for Act vo «f
the trial of suits, shall, so far as may be practicable, 6
be followed in the hearing of election petitions:
Provided that—
(a) any two or more election petitions relating
to the election of the same. person may be heard
together 5

Powers of
tha Tribunal
and proce:dure forwervice of
notices and
Process.
 
52
(b) the Tribunalshall not be required to record
the evidence in full but shall make a» memorandum
of the evidence sufficient in its opinion for the purpose
of deciding the,case ;
(ec) the Tribunal may, at any stage of the
proceedings, require the petitioner to give further
security for the paymentofall costs incurred orlikely
to be incurred by any opposite party and if within
the timefixed by it or within such further time as it
may allow such security is not furnished, may
dismiss the petition ;
(d) tho Tribunal for the purpose of deciding
any issue, may require the production of or may
receive so much evidence, oral or documentary, as it
considers necessary ;
(e) there shall be no appeal and no application
in revision against or in respect of the decision of the
Tribunal ; °
(f) the Tribunal may review its decision on
any point on the application of any person
considering himself aggrieved thereby if the applica-
tion is presented within fifteen days from the date
of decision. — .
23, (1) Unless it is otherwise prescribed the
Tribunal shall have the same powersand privileges as
the Judge of Civil Court and the service of all process
and notices issued by the Tribunal shall on requisition
byitbe effected by a SubdivisionalMagistrate having
jurisdiction.
(2) Anorder for the realisation of security bond
for costs passed by the Tribunal may be sent by it
for execution to the Collector of a district within
which the area of represéntation concerned is situate
~ and thereupon the Collector shall realise such costs as
Finding.
if they were an arrear ofland revenue.
24. (1) If after holding an enquiry in accordance
with the provisions of this Act, the Tribunal finds,
in respect ofany 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 mayaward costs at its discretion.
{2) Lf the Tribunalfinds that the election of any
person was invalid, it shall either—
(a) declare » vacancyto have been created ; or
  

88
| (b) declare another candidate to have been
ee duly elected, whichever course appears in the
particular circumstances of the case, more appropriate
and in either case may award costs at its discretion.
Corrapt 25. Notwithstanding anything contained in the
Exprerer’” preceding sections, if the Tribunal in the course of
provedure. hearing of an election petition is of opinion that the
evidence discloses—
(i) that corrupt practices have prevailed at
the election proceedings in question to such an extent
asto render it advisable to set aside the whole
proceedings ; or
| (i) that the result of election has been
is materially affected by any non-compliance with the
provisions of this Act or any rules made thereunder,
any wistake in the forms required thereby or any
. error, irregularity or informality on the part of any
officer charged with or carrying out any duty under
this Act, or rules made thereunder ;
it shall set aside the whole proceedings and
direct the Anchal Executive Officer to take measures
for holding. fresh election proceedings and if the
election is set aside for any cause which is the result
of actsof a candidate or his agent, may declare that
candidate to be disqualified for the purpose of such
fresh election.
Ezplanation—In this section the expressions
‘the election proceedings in question’ and ‘the
whole proceedings’ shall mean all proceedings
commencing from the filing of nomination and
terminating with the declaration of election, taken
in respect of the single poll in any area of
t representation.
Declaration 26. The Tribunal may declare any candidate
isquali- found to have committed any corrupt practice under
the foregoing section to be incapable for any period
not exceedingfiveyears, of being elected as amember
of the Anchal Sabha or of being appointed or retained
in anyoffice or place in the gift, disposal, pay or
y service of the Ancha] Sasan :
Provided that a disqualification under this Act
' may be removed by en order ofthe State Government
' , in this behalf.
Soyings 27. Where a candidate, who has been elected
. to be a Memberofan Anchal Sabha is declared by
the Tribunal not to heye been duly elected, acts
fication.
 
“ToGiabsuchpersonis‘entitled to vote shall on
conviction be punishable with imprisonment which
mayoxiondto three months or with fine or with
bo
 

54
done by him by virtue of the office before the timewhen the decision is intimated in the prescribedmanner to the Anchal Executive Officer shall not beinvalidated by reason of that declaration.
agpaag 28. (1) Aperson shall be deemed to have commit-Pree ted 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 ofinjury, any voter to give or to refrain from giving a
vote in favour of any candidate ;
(6) with a view to inducing any voter to
give or torefrain from giving a vote in favour ofany candidate, or in consideration of any voter
having voted or refrained from voting for any candi-
date, offers or gives any moneyorvaluable considera-
tion of any place or employnent or holds out any
promise of individual advantage or profit to any
person including a promise ot 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 becomeorwill 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 groundsofcaste, 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 ; .
(ce) employs, instigates or threatens any formof social boycott of any voter or candidate or of any
onein which such voter or candidate is interested ;
(f) gives or procures the giving of a vote inthe nameofa voter whoisnot 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 vonsideration so
offered ;
(4) abets ( within the meaning of the Indian <itl
Penal Code ) the doing of any of the acts specified jee,
in clauses (a), (6), (Cc), (4), (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 ofany one in
whom heis interested, but does not include a promise
to further propose orto vote for or against any
particular Anchal Sasan measure or work.
(it) 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.
(iit) Acorrupt practice shall be deemed to have
been committed by a candidate if it hasbeen comnit-
ted with his knowledge or consent or by a person
whoisacting 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 hed
under the provisions ofthis Act shall on conviction
be punishable with imprisonment which may extend
to six months or with fine or with both.
  
Folsificattom 29. Every person who falsifies or attempts to
peed falsify the record of an election by removing,
_ destroying, altering orfabricating nomination papers
or voting ponent 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.
Infringement 30. Every polling officer, who except for some
nr purpose authorised by law, communicates to any
rson any information showing directly or in-
directly for which candidate any voter has voted
and every person who by improper means procures
any such information, shall on conviction be punish-
able with imprisonment of either description for a
term which may extend to three months or with
fine or with both.
(0 31. Every polling officer who permits a person
Felliag 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 extendto three months or with fine or with
both.

56
Cognizancs =»--§-: 32, No Magistrate, other than. a Magistrate ofor ousn’e** the first class, shall take cognizance of any offencepunishable under sections 28, 29, 30 and 31. nor shallany Magistrate take cognizance of such offence—
(a) except on the complaint of a person whosename is on theelectoral roll ; ;
to (6) unless such a complaint in respect ofan offence either under section +28 or 31 or section29 or 30 has been made within 14 days or 45 daysrespectively from the date of the -declaration of theresult of any election to which the offence relates 3and.
(c) except inthe case of an offence punishableunder sections 29,30 and 31 unless the personscomplaining shall have deposited fifty rupees.
The deposit mentioned in clause (c) shall berefunded to the complainant if the complaint isfound to be true or if for any other reason, theMagistrate so directs.
Bartointer. 33. No election of a Member of an AnchalGonce »Y Sabha shall be called in question in any Court exceptunder the procedure provided by this Act and therules, if any, made thereunder and no order passedby the Tribunal in any proceeding under this Chapter =for hearing of an election’ petition shall be called inquestion in any Court and no court: shall grantan injunction—
(7) to postpone an election of a Member ofanAnchal Sabha ; or
(71) to prohibit a person, declared to havebeen duly elected under this Act from taking partin the proceedings ofthe: Anchal Sabha of which het _ has been elected a Member; or
‘ (#2) to prohibit. a Member formally electedi or appointed to an Anchal Sabha from enteringupon his duties.
34. A member ofan Anchal Sabha other thanthe Chairman or Vice-Chairman mayresign his officeby writing under his hand addressed to. theChairman of the Anchal Sabha and thereupon theoffice shall fall vacant.
Absence 35. Amember of an Anchal Sabhashall in thei meetings event of his failure to attend six consecutive meetingsi ire of the Sabha cease to hold office and thereupon' me the office shall fall vacant.
 
Resignation
 

57
CHAPTER If
Cuainman, Vicu-CaaInMan AND MEMBERS
Eisepee 36. (1) Within fifteen days of the publication of
Arshad0 the names. of Members elected to a new Anchal Sabha
Sabhe, eo”under section 14, the Collector of the district shall
Ghsirmen call the first meeting of the said Sabha consisting of
RAtheVicothe saidelected Members for the co-option ofMembers -
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 notlater 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 Anchel
Sabha and at such meeting the said Sabha shall
_ elect from amongst its own Members its Chair-
. man 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-Chair-
man the Collector of the district shall call upon the
‘Anchal Sabba to elect. the Chairman or Vice-Chair-
man, a8 the case may be, at @ meeting specially
convened for the purpose.
(4) If the Members of the Anchal Sabha fail to
elect a Chairman or Vice-Chairman under sub-sec-
tion (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.
* - (8) "ho names of the Chairman and the Vice-
’ Chairman shall be published ia the Gazette.
Jeave of 37. An Anchal Sabhé may grant leave of
abusnee,
=
agence to-its Chairman or Vice-Chairman for any
period not exceedingythree months in any one year
and simultaneously elect a person who shall act in the
vacancy during the period of leave.
CHAPTER UT
Procesprnes of AN AnouaL Sapa
Meetings 43. An Anchal Sabha chall 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.
Gonvening 44. (1) As soon as may be after his election,
x wf mecti5g™ 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 bythe Chairman or the President at the
meeting held under snb-section (1) andnotice of every
such subsequent meetingspecifying the time and place
shall be exhibited in the Anchal Office and bo deemed
to be sufficient notice of such subsequent meeting.
(3) The notice shall contain a list of business to
be transacted ina 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+
secti ns (1) and (3) shall, subject to the approval of
the Chairman or the President, as the case may be,
pe included in the agenda of a mocting and. no
 

efeiamen
__
98, (1) An appointed Chairman or Vice-Chairmaner Vice mayresign by writing under his hand addressed to +Chairmen, the State Government and on such resignation beingaccepted he shall be deemed to have vacated hisoffice. a 5
(2) Anelected Chairman or Vice-Chairman of an“Anchal Sabha may resign his office by writing underhis hand addressed to the Vice-Chairman if fe is theChairman and to the Chairman if he is the Vice- ..Chairman,
(3) The Anchal Executive Officer shall placethe resignation under gub-section (2) before the nextmeeting of the Anchal Sabha and thereupon theChairman or the Vice-Chairman, as the case maybe,‘ shall be deemed to have vacated the office,
 
Chairman or 39. Notwithstanding anything contained in‘eetShaa Section $8 the Chairman and’ the Vice-Chairman ofeftce pend- an Auchal Sabha shall continue to hold office untilcrfppont election or’ appointment of his successor igment. made.
Removal of 40. (1) The Chairman or Vice-Chairman of anChairman Anchal Sabha may at any time be removed from ;Ghairan, Office by a resolution ofthe Anchal Sabha in favour ‘ofwhich not less than two-thirds of the total numberof Members of such Sabha have given their votesat a meeting convened on the written requisitionof not less than one-third of the total number ofMembers :
Provided that at such a meeting the Colleo-tor ofthe district shall preside.
(2) Theresolution wnder sub-section {1) shall beforwa ded to the State Government where: pon the—-State_Go-vammant, shell note 1 —s.
60
business other than those specified in the said noticeshall 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’ theChairmanorthe President considersitrelevant, be 80discussed and the decision in that behalf of thePhairman or'the President, as the casemay be,{ shalle nal, .
Epmer
of
the 45. The Chairman or ‘in his absence the Vice?Vice ° Chairman or in the event of either being absent ofGem incapable of acting due to unavoidable reasons, theAnohal
§
Anchal Executive Officer may, wheneveritis requiredExecutive underthe Act, calla meeting of the Anchal Sabha.icer to
calla
meeting.
Adjournment 46. (1) Any meeting of the Anchal Sabha maywith the consentofthe majority of Members present,be adjourned to any other date, but no businessother than thatleft over at the adjourned meetingshall be transacted at such subsequent meeting, ‘(2) Anotice of such adjournment posted at the :Anchal Office on the date on which the meeting is ¥adjourned shall be deemed to be sufficient notice ofthat meeting,
Public not 47. Members of the public shail not be admittedcapttea, to the meeting of the AnchalSabha, but the Presidentof the meeting may allow the Technical Advisers ofthe Anchal Sasan or anyofficer of the State Govern-ment to take part in the discussions but such personsshall have no right to vote:
Provided: that the President may in hisdiscretion permit any Sarpanch, Naib-Sarpanch orthe President’ of an Adalti Panchayat within thelocal limits of the Anchai, to attend any meeting ofthe AnchalSabha‘or’ any of the Committees consti-tuted under this Act as a visitor and such permissionshall not be called into question by any Member cfthe Anchal Sabha or the said Committee : xProvided farther that the President may inhis§discretion§request] a Member: of the Orissa .Legislative Assembly ora Member of the Parliament *representing any area in the Anchal to address ameeting in any matter concerning the affairs of theAnchal or any of the committees constituted underthis Act.
 

“-
President of
the meeting.
Queram
“Power to
ail for
Proceedings.
Production
of records.
 
6}
48, At the meeting of the Anchal Sabha the
Chairman shall preside andin his absence the Vice-
Chairman and if both are absent, then the Members
present shail choose one from amongst themselves to
preside at the meeting.
49.(1) No business shall be transacted at a
meeting unless a quorum of one-third of the Members
of the Anchal Sabhais present at the commencement
ofthe meeting,
(2) Ifata meeting there are not sufficient Mem.
bers present at the commencement of the meeting to
form a quorum,the President shall adjourn it to such
time or date as he thinks fit and notify the same to
the Members and the business set down for the
meeting shall be taken up at the subsequent meeting
whetheratsuch subsequent meeting there is quorum
or not.
(3) No business other than the business fixed
for the original meeting shall be transacted at any
such subsequent meeting.
(4) A notice of adjournment exhibited at the
Anchal Office on the date on which the meeting is
adjourned shall be deemed to be sufficient notice
ofthe subsequent meeting.
50, The Anchal Sabha mayat any time coal!
for any return, statement, account or report
concerning or connected with any matter with which
any Committee constituted. under this Act is
empowered by or under this Act to deal, and every
such requisition shall be complied with by the said
Committee.
51. 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 ;
(6) to furnish any return,plan,estimate, state-
ment, account or statistics concerning or connected
with any matter appertaining to the administration
of this Act ; and
(e) to furnish a report by himself or to obtain
from any of the officers subordinate to him, and
furnish with his remarks thereon @ report upon any
subject concerning or connected with the administra.
tion of this Act :
Provided that the Anchal Executive Officer
may defer such productiontill the next meeting and

« 6
if he is of opinion that the production of any suchrecord, correspondence or document or furnishingof any such returns, plans, eatimates, . Btatements,accounts, statistics or report will be detrimental tothepubic interest or theinterestofthe Anchal Sasanhe shall refer the matter to the Chairman whosedecision shall be final.
Gosations 52. Subject to any rules that may be made inthis behalf a Member may at any meeting putquestions concerning ot connected with the adminis.tration of the Anchal and the answers to the sameshall be furnished in the prescribed manner.
Member 53. (1) No Member of an Anchal Sabha or anySbcont‘rem Of its Committee shall vote on or take part in thefaking pert discussions of any qucstion coming up for considera-aetion at ameeting of the said Anchal Sabha or theCommittee if che question is one in which, apartfrom its general application to the public, he hasany direct or indirect pecuniary interest,
(2) The Prosidont of the Anchal Sabha or ofany of the Committees constituted uader this Act,may, either on bis ownmotion oron the motion ofanyMember present, prohibit any Memberfrom votingor taking part in the discussion of any matter inwhich he believes such Member to have interestor he may require such Member to abseat himselfduring the discussion, °
(3) Such Member may challenge the decisionof the President who shall thereupon put the matterto themecting. The decision of the meoting shallbe final,
(4) If the President of an Avchal Sabha or anyof the Committees on information received is satisfiedthat a Memberhasvoted or taken part in the discus.sions in any meeting in contravention of theprovisions of sub-section ( 1) or sub-section (2),he may, in a meeting held within a periodof two months from the date of information, callupon the Anchal Sabha or the Committes, as thecase may be, to reopen andrevise its decision andsuch decision shall be final.
Preservation 54. (1) It shall be the duty ofthe President tosforder. preserve order in a meeting and in the event of anygrave disorder arising therein he shall have power toadjourn or suepend the meeting as he deome fit.
 —~

ae
Decision bymajority.
Savings
Minute
Book.
63
(2) A memberwhointhe opinion ofthe Presidentis guilty of disorderly conduct in any meeting may beordered by the President to leave the meeting forth-with and such order of the President shall be finalorebinding and shall not

Excerpt shown. Open the full act in Lexace.

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