The ODISHA GRAMA PANCHAYATS ACT, 1964

*THE
ORISSA GRAMA PANCHAYATS
ACT, 1964
An Act to consolidate and amend the Law relating to Grama Panchayats
in the State of Orissa
Be it enacted by the Legislature of the State of Orissa in the fifteenth
Year of the Republic of India as follows :
STATEMENT OF OBJECTS AND REASONS
The Orissa Grama Panchayats Act had been enacted in the year
1948. With the implementation of the provisions of the Act, changes
were considered necessary from time to time and accordingly several
amendments have been made in the meantime. During the year 1957,
Government appointed a Committee to look into the working of Grama
Panchayats all over the State and to advise, among other  matters, if it
was necessary to provide any changes and safeguards in the Act and in
the tightening of control for the better working of these institutions. The
Committee was also required to suggest the methods by which and the
directions in which the Act and the rules made thereunder should be im-
proved and the administrative control strengthened to achieve better re-
sults. The Committee has submitted its report which has been taken into
consideration. During January, 1961, Panchayat Raj was introduced all
over the State and under this system the three tiers of the system, namely,
Parishads, Samitis and Grama Panchayats have to work in close collabora-
tion with each other. Keeping the recommendations of the Grama
Panchayats Enquiry Committee, the changes brought about by the intro-
duction of Panchayats Raj and also the various administrative difficulties
experienced in the working of Grama Panchayats in the State in view, it
has been found necessary to consolidate and re-enact the law relating to
Grama Panchayats in the State. The Bill seeks to achieve this objective.
*. Published vide Orissa Gazette Ext./22.1.1965-O.A. No. 1 of 1965.
For Statement of Objects and Reasons see Orissa Gazette Ext. No. 488/
9.9.1962 and for Report of the Select Committee see Orissa Gazette Ext. No.
538/27.3.1964.
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
GRAMA PANCHAY A TS MANUAL2
STATEMENT OF OBJECTS AND REASONS
The Orissa Grama Panchayats Act, 1964 was amended in the year,
1994 and its provisions were brought in the tune of the Constitutions
(73th Amendment) Act, 1992. Prior to the Orissa Zilla Parishad Act, 1991
was amended in the year 1993 to bring its provisions in conformity with
the aforesaid constitutional amendments. Thereafter two sets of Rules
namely, the Orissa Zilla Parishad (Delimitation and Reservation of Con-
stituencies) Rules, 1994 and the Orissa Zilla Parishad Election Rules, 1994
were framed by the State Government which prescribed the manner of
determining a Parishad Constituency, Reservation of such Constituencies
for the members of Scheduled Caste, Scheduled Tribe and women and
manner of holding elections to the Parishad. The aforesaid two rules were
challenged before the Hon'ble Orissa High Court in a number of writ Peti-
tions when the election to Zilla Parishads was announced by Government
on 17.10.1994. The Hon'ble Orissa High Court in their common judgment
dated 21.12.1994 have held that some provisions of both the Orissa Zilla
Parishad Election Rules, 1994 and the Orissa Zilla Parishad (Delimitation
and Reservation of Constituencies) Rules, 1994 suffer from the vice of
excessive delegation and these rules cannot be regarded as law within the
meaning of Article 243-C and Article 243-K of the Constitution in as much
as they are not framed by the State Legislature. On the other hand these
rules have been framed by Government in exercise of powers under Sec.
51 of the Orissa Zilla Parishad Act. The Hon'ble High Court have observed
that those rules are not based on any declared legislative policy and are
inadequate to ensure a fair election. Para 27 of the judgment (OJC No.
6833/1994) is reproduced below :
"27. In the conclusion; we have no hesitation to hold that the De-
limitation Rules and the Election Rules are based on no declared legislative
policy and also suffer from vice of excessive delegation. These rules are
also efficient to ensure a fair election as the Constitution contemplates of
a free and fair election and requires the State Legislature to make law to
achieve the said object. The State Legislature should take steps in that
behalf to make law as required under Article 243-C and Article 243-K of
the Constitution taking care all the matters specifically dealt within this
judgment."
Keeping in view the aforesaid observation of the Hon'ble High Court,
the identical provisions in the Orissa Grama Panchayats Act, 1964 re-
quires suitable amendments.
Besides, there is no provision in the Act for reservation of seats in
favour of Backward Class of Citizens in a Grama Panchayat. In order to
meet the ends of social justice and upliftment of such Citizens, it is neces-
sary that they should be adequately represented in the Grama Panchayats.
Accordingly twenty-seven per cent of seats has been proposed to be re-
served in favour of Backward Class of Citizens in a Grama Panchayat.
In the aforesaid premises it is necessary to amend the Orissa Grama
Panchayat Act, 1964.
The Bill seeks to achieve the above objects.
3
CHAPTER - I
PRELIMINARY
1. Short title, extent, 1[commencement and application] :–  (1) This
Act may be called the Orissa Grama Panchayats Act, 1964.
(2) It shall extend to the whole of the State of Orissa :
Provided that it shall not apply to any area which has been or may be
constituted hereinafter as a Municipality 1[* * *] under the pr ovisions of
the Orissa Municipal Act, 1950 (Orissa Act 23 of 1950);
Provided further that when any local area is excluded from a Munici-
pality 1[* * *] under the pr ovisions of the said Municipal A ct, the provi-
sions of this Act shall apply to such area.
(3) It shall come into force atonce.
2[(4) * * *]
2. Definitions :–  In this Act, unless the context otherwise requires–
(a) "Assembly Constituency" shall have the same meaning as has
been assigned to it in the Repr esentation of the People Act,
1950 (43 of 1950);
3[(a-1)"Auditor" means an A uditor appointed under Clause (a) o f
Sub-Section (3) of Section 100;]
4[(b) "Block" means a Block notified under Section 15 of the Orissa
Panchayat Samiti Act, 1959 (Orissa Act 7 of 1960);]
(c) "Building" includes a hut, shed, house, shop, were-house, work-
shop or other roofed structure for whatsoever purpose and of
whatever material constructed but does not include a tent or
other portable or temporary shelter;
(d) "Collector" and "Sub-divisional Officer" with r eference to a
Grama Sasan respectively mean the Chief Revenue Officer of
the district and the Chief Re venue Officer of the Subdivision
in which such Grama Sasan is constituted;
(e) "Committee" means any Committee o f a Gr ama Panchayat
constituted under this Act and includes a Joint Committee;
4[(f) "Director of Grama Panchayats" means an Officer appointed
as such by the State Government and shall include a Deputy
Director and an Assistant Director of Grama Panchayat;]
THE ORISSA GRAMA PANCHAY A TS (AMENDMENT) ACT, 2004
1. Substituted vide Orissa Gazette Ext. No. 426/18.4.1994-Notfn. No. 6139-
Legis./18.4.1994.
2. Omitted by  O.A. 15 of 1997 vide Orissa Gazette Ext. No. 1567, Notfn. No.
22433 dt. 22.12.1997.
3. Inserted vide Orissa Gazette Ext. No. 502/9.5.1991-Notfn. No. 6657-
legis.2.5.1991.
4. Substituted ibid.
5[(f-1)"Election Commission" means the State Election Commission
consisting of a State Election Commissioner appointed by the
Governor under Article 243-K of the Constitution;
(f-2) "Finance Commission" means the Finance Commission con-
stituted by the Governor under Article 243-K of the Constitu-
tion;]
(g) "Grama" means a Grama constituted under Section 3;
(h) "Grama Sasan" means a Grama Sasan established under Sec-
tion 4;
(i) "Grama Fund" means a local fund constituted under Section
93;
1[(i-1) "Jawahar Rozgar Yojana" means a scheme sponsored as such
by the Central Government for implementation in the State in
the prescribed manner;]
(j) "Grama Panchayat" means the Ex ecutive Committee o f the
Grama Sasan established under Section 7;
(k) "Market" means any place set apart or or dinarily or periodi-
cally used for the assembling o f persons for the sale or pur-
chase of grains, fruits, vegetables, meat, fish or other perish-
able articles of food or for the sale or purchase of livestock or
poultry or of any agricultural or industrial produce or any raw
or manufactured products or any other articles or commodity
necessary for the convenience of life;
(l) "Nuisance" includes any act, omission, place, animal or thing
which causes or is likely to cause injury, danger, annoyance or
offence to the sense of sight, smell or hearing, or disturbance
to rest or sleep, or which is or may be dangerous to life or to
rest or sleep, or which is or may be dangerous to life or injuri-
ous to health or property;
(m) "Offensive matter" includes animal carcasses, kitchen or stable
refuse, night-soil, dung, dirt or putrid or putrefying substances
other than sewage;
(n) "Owner" in respect of any property includes a person who, for
the time being is receiving or is entitled to receive, whether on
his own account or on behalf of another person as an agent,
trustee, guardian, manager or receiver of the rents or profits of
the property;
(o) "Palli Sabha" means a Palli Sabha constituted under Section
6;
5. Inserted vide Orissa Gazette Ext. No. 426/18.4.1994-Notfn. No. 6139-Legis./
18.4.1994.
1. Inserted vide Orissa Gazette Ext. No. 502/9.5.1991-Notfn. No. 6657-Legis./
12.5.1991.
1[(o-1) "Parishad" in relation to any Grama means the Zilla Parishad
constituted under the Orissa Zilla Parishad Act, 1991 and hav-
ing jurisdiction over the area comprised within the said Grama;]
(p) "Population" means population as ascertained in the last pre-
ceding Census of which the r elevant figures have been pub-
lished under the relevant law for the time being in force;
(q) "Prescribed" means pr escribed by rules made b y the St ate
Government under this Act;
1[(q-1) "Prescribed Authority" means the authority appointed by the
state Government by notification for all or any of the purpose
of this Act;]
(r) "Public Place" means any place which is open to the use and
enjoyment of the Public, whether it is actually used or enjoyed
by the Public or not;
(s) "Public Street" means any road, street, bridge, lane, square,
court, alley or passage which the Public has a right t o pass
along and includes on either sides the dr ains or gutter s and
the land up to the defined boundary of any abutting property,
notwithstanding the pr ojection over such land o f any veran-
dah or other superstructure;
2[(t) "Samiti" in relation to any Grama means the Panchayat Samiti
constituted under the Orissa P anchayat Samiti A ct, 1959
(Orissa Act 7 of 1960) and having Jurisdiction over the area
comprised within the said Gram;]
3[(t-1)"Scheduled Areas" means the Scheduled Areas as referred to
in Clause (1) of Article 244 of the Constitution;]
(u) "Village" means any area recorded as a village in the revenue
records of the district in which it is situated and in the ab-
sence of such records any area as the Collector of the district
may from time to time declare to be a village for the purposes
of this Act; and
(v) "Year" means the financial year.
CHAPTER - II
GRAMA, GRAMA SASAN, GRAMA SABHA AND PALLI SABHA
3. Constitution of Grama :–  (1) The State Government may for the
purposes of this Act by declaration notified in the Gazette constitute any
village or gr oup of contiguous villages as a Gr ama and assign t o such
Grama, a name which shall be of one of the villages comprised within the
Grama.
Explanation :–  Village intervened only by forest areas, hills, streams,
rivers and such other natur al barriers, and lands not f orming part of any
village may be treated as contiguous villages :
5THE ORISSA GRAMA PANCHAY A TS (AMENDMENT) ACT, 2003
3[Provided that in the Scheduled Areas, a Grama shall ordinarily con-
sist of a habitation or group of habitations, a hamlet or a group of hamlets
comprising a community or communities and managing its affairs in accor-
dance with traditions and customs.]
(2) Wherever the State Government deem it fit so t o do they may
cancel any notification in respect of a Grama under Sub-Section (1) or may
alter the area comprised in a Grama by reducing or adding to the number of
villages comprised within such Gr ama and by declaration notified in the
Gazette constitute such altered area or areas as a Grama or Gramas, as the
case may be, for the purposes of the said Sub-Section.
(3) No Gr ama shall, so f ar as ma y be r easonably pr acticable, be
constituted with a population o f less than tw o thousand and mor e than
ten thousand but in no event shall a village be divided and a part ther eof
included within a Grama.
NOTES
(i) Secs. 3, 4(3) – Government by notification changing headquar-
ters from one village to another– The development stages and previous
writ Petitions and decisions described – The power to constitute a Grama
and to assign a name to it is the discretion of Government– The discretion
also vests to locate the head-quarter – So long the discretion is exercised
bonafidely the Court cannot interfere – But if it is exercised arbitrarily
basing on extraneous considerations or has been exercised ignoring rel-
evant materials, the Court can interfere as the same was without applica-
tion of mind – In the instant case, after examining different materials on
record, in file land reports and the reasons assigned, the Hon'ble Court
has held that the notification dated 6.11.1993 remains valid and allowed
: 2001 (I) OLR 168.
(ii) Sections 3, 4 (3), 149-Government's Power to decide and locate
Office and headquarters of Grama Sasan in absence of mode or guideline–
Scope of – Interference by writ – Court when indicated :  77 (1994) CLT
671.
(iii) Section 3, 4 (3), 149-Notification of shifting of headquarters of
Grama Sasan Padmapur to Bankeswar in absence of non-application of
mind by Govt. – Legality of : 77 (1994) CLT 671.
(iv) Section 3 – Constitution of Grama Panchayat was made giving
it a particular name – Then there was political interference by the MLA-
Under the influence of MLA, the concerned Minister passed orders for
shifting the Grama Panchayat to another village and to assign the name of
the latter village even though the Collector has reported that there was no
need of such change-Order passed not on relevant considerations and
Public interest and it is on extraneous consideration – Hence, quashed :
1992 (I) OLR 392 : 73 (1992) CLT 692 : 34 (1992) OJD 32 (Civil).
(v) Section  3 – Power to constitute a Grama Panchayat for the
purpose of assigning a name is discretion of State Government – But that
discretionary power has to be exercised on relevant considerations and
devoid of any extraneous considerations – If the discretion has been exer-
cised on extraneous considerations or has been exercised ignoring the
relevant materials or the power has been colourably exercised, the deci-
sion has to be set aside :  1992 (I) OLR 392 : 73 (1992) CLT 692 : 34
(1992) OJD 32 (Civil).
(vi) Section 3 and 4 (3) – Construction of – Office and, headquar-
ters to be situated within the limits of the Grama unless ordered by the
Government-Grama Panchayat Ghar to be constructed as the headquar-
ters of the Grama Panchayat - Held, the Grama Panchayat Ghar shall be
constructed at the village which is the headquarters of the Grama Panchayat
and, as such, headquarters be in the name of Grama Panchayat :  63
(1987) CLT 714.
4. Constitution and incorporation of Grama Sasan :– (1) For every
Grama there shall be a Grama Sasan which shall be composed o f all per-
sons registered by virtue of the Representation of the People Act, 1950
(43 of 1950) in so much of the Electoral Roll for any Assembly Constitu-
ency for the time being in f orce as relates to the Grama 1[and unless the
Election Commission directs otherwise] of the roll shall be deemed t o be
the Electoral Roll in respect of the Grama.
(2) The Grama Sasan shall be a body corporate by the name of the
Grama to which it relates, having perpetual succession and common seal,
with power, subject to the provisions of this Act and the rules made there-
under, to acquire, hold and dispose of property and to contract land may by
the said name sue and be sued.
(3) The Office and headquarter s of the Grama Sasan shall be situ-
ated within the limits of the Grama and unless otherwise or dered by the
State Government in the village bearing the name of the Grama.
5. Grama Sabha and its Functions :–  (1) There shall be at least two
meetings one in February and the other in June every year of the members
of the Grama Sasan and such other meetings as may be prescribed.
(2) (a) The quorum for the meetings of the Grama Sasan (hereinafter
referred to as 'the Grama Sabha') shall be one-tenth of the members of the
Grama Sasan.
(b) In the event of there being no quorum at any Grama Sabha it shall
stand adjourned t o a futur e day of which notice shall be giv en in the
7THE ORISSA GRAMA PANCHAY A TS ACT, 1964
GRAMA PANCHAY A TS MANUAL8
prescribed manner and no quorum shall be necessary f or any such ad-
journed meeting.
2[(3) The Grama Sasan shall have the Power to–
(a) approve the plans , programmes and pr ojects for social and
economic development before such plans , programmes and
projects ar e t aken up f or implement ation b y the Gr ama
Panchayat;
(b) identify or select per sons as beneficiaries under the po verty
alleviation or similar other programmes :
Provided that  every Grama Panchayat shall be required to
obtain from the Gr ama Sasan a certification o f utilisation of
funds by that Panchayat for the plans, programmes and projects
referred to in Clauses (a) and (b).
(c) consider and approve the annual budget of the Grama Panchayat
including the Supplementary or revised budget.
(d) consider levy of all taxes, rates, rents and fees and enhance-
ment of rates thereof.
(e) organise community service and drawing up and implementa-
tion of agricultural production plans.
(f) consider all such matters as may be referred to it by the Grama
Panchayat for its decision.
(g) call for such information and date from the Grama Panchayat
as it may consider necessary; and
(h) consider such other matters as may be prescribed.]
(4) Subject to the provisions of Sub-Section (1) the meetings of the
Grama Sasan shall be convened by such authority, in such manner and at
such time and intervals as may be prescribed.
(5) The business of the Gram Sasan at the Gr ama Sabhas shall be
conducted and the record of the proceedings thereof shall be maintained in
the prescribed manner.
1[(6) In the Scheduled Areas, the Grama Sasan shall be competent
to safeguard and preserve the tradition and customs of the people, their
cultural identity, community r esources and cust omary mode o f dispute
resolution consistent with the relevant laws in force and in harmony with
9
basic tenets of the Constitution and human rights.]
6. Palli Sabha and its Function :–  (1) F or every village within the
Grama, there shall be constituted by the State Government a Palli Sabha,
provided that where the area comprised within a Ward constituted for the
Grama under Section 8 consist of more than one village there shall be only
one Palli Sabha for such Ward.
(2) Each Palli Sabha shall consist of all persons registered by virtue
of the Representation of the People Act, 1950 in so much of the Electoral
Roll for any Assembly Constituency for the time being in force as relates to
the area in respect of the Palli Sabha and the said portion of the Roll shall
be deemed to the Electoral Roll of the Palli Sabha.
(3) The Palli Sabha shall meet annually in F ebruary every year and
may also meet at other times in the manner prescribed.
(4) The per son r epresenting the P alli Sabha ar ea in the Gr ama
Panchayat or if there be more than one such person, one from the list of all
such per sons in or der o f pr eference t o be determined b y the Gr ama
Panchayat, shall pr eside over the meeting o f the P alli Sabha and in the
absence of all such per sons at the meeting at the appointed time , those
present at the meeting may elect one from amongst themselves to preside
over the meeting.
"(5)(a) The quorum for the meeting of the Palli Sabha shall be one-
tenth of the members of the Palli Sabha.
(b) In the event of there being no quorum at any Palli Sabha it shall
stand adjourned t o a futur e day for which notice shall be giv en in the
prescribed manner and no quorum shall be necessary f or any such ad-
journed meeting:".
(6) It shall be the duty o f the Palli Sabha at it s Annual Meeting in
February each year to give its recommendations to the Grama Panchayat in
respect of the following matters in so far as such matters relate to the Palli
Sabha area, namely :
(a) the development works and programme that may be taken up
during the ensuing year, and
(b) the Annual Budget estimate submitted by the Grama Panchayat
under Sub-Section (1) of Section 98.
(7) Nothing in this Section shall apply in respect of a Grama compris-
ing of one village only.
CHAPTER - III
CONSTITUTION OF GRAMA PANCHAYATS
THE ORISSA GRAMA PANCHAY A TS ACT, 1964
GRAMA PANCHAY A TS MANUAL10
7. Grama Panchayat to be the executive authority of the Grama
Sasan :–  There shall be f or every Grama Sasan a Gr ama Panchayat as
hereinafter constituted which shall be the executive authority of the Grama
Sasan.
8. Constitution and delimitation of Wards :–  (1) As soon as may be
after the Constitution o f a Gr ama the Collect or shall f or the purpose o f
Constitution of the Grama Panchayat determine the number of Wards into
which the Grama is to be divided and the e xtent of each such Ward and
shall prepare a statement showing the number of Wards and the extent of
each Ward which shall be published b y him in the pr escribed manner for
the prescribed period inviting objections from the persons interested to be
filed within the said period :
1[Provied that –
(i) the determination of the number of such Wards shall be sub-
ject to the provisions in Article 243-C of the Constitution; 2[*
* *]
(ii) the total number of Wards in any Grama shall not be less than
eleven and more than 1[twenty-five; and]
2[(iii) the population of every Ward shall, as f ar as pr acticable, be
equal.]
(2) The Collect or shall after considering all such objections  and
making such further inquiry as he may deem necessary cause such alter-
ation as may be necessary to be made in the statement shall finally publish
the statement so as alter ed in the pr escribed manner and ther eupon the
division of the Grama into Wards as shown in the statement shall become
final.
(3) In cases wher e the population o f any Grama according to the
relevant figures of a Census has e xceeded its Population, as recorded in
the preceding Census, the Collector may re-delimit the Wards of the Grama
and form new Wards wherever necessary and in doing so he shall f ollow
the same procedure as is pr ovided in respect of division of Wards under
Sub-Sections (1) and (2).
3[9. Powers of Election Commission and the Electoral Rolls of Wards:–
(1) The superintendence, direction and control of the preparation of Elec-
toral Rolls for and  the conduct of, all elections to the Grama Panchayats
shall be vested in the Election Commission.
(2) Unless the Election Commission, b y order published in the Ga-
zette directs otherwise, so much o f the Elect oral Roll f or any Assembly
1. Inserted vide Orissa Gazette Ext. No. 502/9.5.1991-Notfn. No. 6657-
Legis./2.5.1991.
2. Substituted Ibid.
3. Inserted by O.A. of 1997 vide Orissa Gazette Ext. No. 1567, Notfn. No. 22433
dt. 22.12.1997.
11
Constituency for the time being in force as relates to the area comprised
within a Ward shall be entered in a register to be maintained for the Ward
and such r egister shall, subject t o such r evision or updating as ma y be
necessary, be deemed  t o be the Elect oral Roll for the Ward for the pur-
poses of this Act.]
10. Constitution of Grama Panchayat :– (1) Every Grama Panchayat
shall be composed of the following members, namely :
(a) a member t o be elected b y the per sons referred to in Sub-
Section (1) of Section 4 from amongst themselves who shall
be the Sarpanch; and
(b) a member to be elected fr om each of the Wards by the per-
sons on the Elect oral Roll for the Ward from amongst them-
selves;
4[(c) * * *]
(2) Ther e shall be a Naib-Sarpanch in r espect o f e very Gr ama
Panchayat to be elected in accordance with the provisions of Section 14.
5[(3) (a) Seats shall be r eserved for the Scheduled Castes and the
Scheduled Tribes in every Grama Panchayat and the number o f seats so
reserved shall bear, as nearly as may be, the same proportion to the total
number of seats to be filled by direct election in that Grama Panchayat as
the population of the Scheduled Castes in the concerned Grama or of the
Scheduled Tribes in that Grama bears to the total population of that Grama
and such seats shall be allotted by rotation to different Wards in a Grama
Panchayat :
Provided that where the Population of the Scheduled Castes or, as
the case may be, the Scheduled Tribes in a Grama is not sufficient for the
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 Grama
:
1[Provided further that in the Scheduled Ar eas, not less than one-
half of the t otal number o f seats to be filled b y direct election shall be
reserved for the Scheduled Tribes; and]
(b) As nearly as ma y be, but not less than 4[one-half] of the t otal
number of seats reserved under Clause (a) shall be r eserved 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.
2[(b-1) As nearly as ma y be, but not less than, tw enty-seven per
centum of the seats of every Grama Panchayat shall be reserved in favour
THE ORISSA GRAMA PANCHAY A TS ACT, 1964
GRAMA PANCHAY A TS MANUAL12
of Backward Class of Citizens as referred to in Clause (6) of Article 243-D
of the Constitution in the pr escribed manner; 2-A[and shall be allotted b y
rotation to different Wards thereof.]
2-B[(b-2) As nearly as may be, 4[one-half] of the total number of Seats
reserved under Clause (b-1) shall be reserved for women belonging to the
Backward Class of Citizens.]
(c) As nearly as may be, but not less than 4[one-half] (including the
number of Seats reserved for women belonging to the Scheduled Castes. 2-
C[the Scheduled Tribes and the Backw ard Class of Citizens]) of the total
number of Seats to be filled by direct election in every Grama Panchayat
shall be reserved for women and such seats shall be allotted by rotation to
different Wards in a Grama.]
3[(4) The procedure regarding reservation of seats for the purposes
of Sub-Section (3) shall be as follows :
(a) The Wards in which the density o f Population of the Sched-
uled Castes and the Scheduled Tribes is higher in the Gr ama
shall be r eserved by the Collect or for the Scheduled Castes
and the Scheduled Tribes, respectively and shall rotate in the
descending order 3[at every two term o f General Election] 1-
A[and in case of Backward Class of Citizens such reservation
and rotation shall be in the prescribed manner];
(b) The Wards shall be serially numbered in a list in the prescribed
manner and the Collector shall reserve the required number of
Wards in the Gr ama f or w omen in the f ollowing manner ,
namely :
(i) in computing 3[one-half] of the t otal number o f Wards, the
Wards reserved for women belonging to the Scheduled Castes,
2[the Scheduled Tribes and the Backw ard Class o f Citizens]
shall be taken  into account;
(ii) reservation of Wards for women belonging to the Scheduled
Castes shall be made at the first instance 2[then for the Sched-
uled Tribes and thereafter for the Backward Class of Citizens];
(iii) out of the Wards left in the list for Candidates other than the
Scheduled Castes, 2[the Scheduled Tribes and the Backw ard
Class of Citizens], the ward which appears first and, thereaf-
ter, 3[every Second ward] shall be r eserved for women, until
the required quota is completed;
(iv) as nearly as may be, but not less than 3[one-half] of the Wards
reserved for the members of the Scheduled Castes and Sched-
uled Tribes shall be reserved for women belonging to the Sched-
uled Castes and the Scheduled Tribes in the manner hereinbe-
1. Substituted vide Orissa Gazette Ext. No. 1391/12.12.1995-Notfn. No. 19454-
Legis./12.12.1995.
2. Substituted by O.A. 15 of 1997 vide Orissa Gazette Ext. No. 1567, Notfn. No.
22433 dt. 22.12.1997.
13
fore provided; and
(v) the Wards not covered in a General Election for reservation for
Women shall be covered in the subsequent General Election of
the Grama Panchayat in the same manner as hereinbefore pro-
vided.
(c) The Collect or shall, b y order, after pr evious Publication in the
prescribed manner inviting objections and suggestions fr om all per sons
interested within the prescribed period, and after considering all such ob-
jections and suggestions, publish a statement, showing the division of the
Grama into Wards and the Seats to be reserved therein, in his Office notice
board, which shall be final.]
(5) Notwithstanding anything to the contrary in this Section–
(a) the Offices o f Sarpanchas in Gr ama Panchayats shall be r e-
served 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 t otal number o f such Offices as the
population of the         Sched uled Castes and the Scheduled
Tribes respectively in the Stae bears to the total population of
the State; and
1-A[(b) as nearly as may be, but not less than 2[one-half] of the total
number of Offices o f Sarpanches r eserved 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, but not less than, twenty-seven per centum
of the Offices of Sarpanches in Grama Panchayats shall also
be reserved in favour of Backward Class of Citizens as referred
to in Clause (6) of Article 243-D of the Constitution and shall
be allotted by rotation to different Gramas;
(d) as nearly as may be, but not less than, 2[one-half] of the total
number of Offices o f Sarpanches r eserved 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, 2[one-half]  (including
the number o f Offices r eserved for women belonging to the
Scheduled Castes, the Scheduled T ribes and the Backw ard
Class of Citizens) of the total number of Offices of Sarpanches
in Grama Panchayats shall be reserved for Women.]
1[(6) For the purpose of reservation of Offices of Sarpanchas in Grama
Panchayats and subject to the provisions of Sub-Section (5)
(a) the Grama Panchayats in relation to Gramas in which the den-
sity of Population of the Scheduled Castes and the Scheduled
1. Inserted by O.A. 15 of 1997 vide Orissa Gazette Ext. No. 1567, Notfn. No.
22433 dt. 22.12.1997.
THE ORISSA GRAMA PANCHAY A TS ACT, 1964
GRAMA PANCHAY A TS MANUAL14
Tribes is higher in the Block shall be reserved by the Collector
for the Scheduled Castes and the Scheduled T ribes respec-
tively and shall rotate in the descending order 2[at every two
term of General Election]; and
(b) after arranging the names o f the Gr amas within a Block in
Oriya alphabetical or der, as nearly as ma y be , but not less
than 2[one-half] of the total number of Offices of Sarpanchas
in each Block shall be r eserved by the Collect or for women
and, for such reservation, the procedure provided in Clause (b)
of Sub-Section (4) shall, as far as may be, apply.]
(7) The reservation of Seats under Clauses (a) and (b) o f Sub-Sec-
tion (3) and the reservation of Offices of Sarpanchas (other than the reser-
vation for Women 1-A[and Backward Class of Citizens]) under Sub-Section
(5) shall cease to have effect on the e xpiration of the period specified in
Article 334 of the Constitution.
11. Qualification for membership in the Grama Panchayat :–  Not-
withstanding anything in Section 10 no member of a Grama Sasan shall be
eligible to stand for Election-
(a) as a Sarpanch if he-
(i) is a Candidate for election [***} as a member o f the Grama
Panchayat in respect of any Ward; or
(ii) [***]
(iii) is a Candidate f or election or holds Office as a Sarpanch o f
any other Grama Panchayat;
(b) as a Sarpanch or Naib-Sarpanch, if he has not att ained the
age of twenty-one years or is unable to read and write Oriya;
1[(c) as a member-
(i) for more than one W ard in the Gr ama or f or more than one
Grama Panchayat; or
(ii) if he is unable to read and write Oriya; and
(iii) if he has not attained the age of twenty-one years.]
NOTES
Section 11 read with Section 25 and Rule 29 of Orissa Grama
Panchayats Election Rules, 1965-If Candidate duly qualified in accordance
with Section 11 and not disqualified under any of the clauses of Section
25, nomination paper not to be rejected on account of mere non-mention
of any particulars (in cases 'age') in the declaration in Form IV prescribed
1. Substituted by Orissa Gazette Ext. No. 426/18.4.1994- Notfn. No. 6139-
Legis./18.4.1994.
2. Omitted vide Orissa Gazette Ext. No. 1391/12.12.1995-Notfn. No. 19454
Legis./12.12.1995.
15
under Rule 29 of O.G.P. Election Rules if Election Officer is satisfied that
identity of Candidate is not in doubt.
Held, the rejection of nomination papers of the Petitioner was com-
pletely in violation of the provisions of law and accordingly the order of
rejection cannot be sustained-Order of rejection of nomination papers filed
by the Petitioner is quashed. The declaration electing the opposite party
No. 4 is also quashed-Fresh election is directed, accepting the nomination
papers filed by the Petitioner as valid :1985 (II) OLR 408 : 59 (1985) CLT
348.
12. General Election of members of Grama Panchayat :– (1) A Gen-
eral Election of the members of a Grama Panchayat shall be 2[completed]
for the purpose of constituting a new Grama Panchayat under Section 7 or
on the dissolution or supersession of a Grama Panchayat :
3[Provided that in the case of dissolution or supersession of a Grama
Panchayat, the r econstitution within six months fr om the date o f such
dissolution or supersession, as the case may be :
Provided further that it shall not be necessary to reconstitute a Grama
Panchayat where Grama Panchayat is dissolved or superseded during the
last six months of its term.]
(2) A General Election shall also be held for the purpose of reconsti-
tuting a Grama Panchayat 1[before the expiry of its term specified in Sub-
Section (2) of Section 17].
1[(3) & (4) * * *].
13. Nomination on failure of election 2[de-reservation in certain
cases] :–  3(1) If for any reason whatsoever the concerned electorate fails
to return a Sarpanch, or a Naib-Sarpanch, or an y other member a fr esh
election shall be held f or the purpose; and if at such fr esh election no
person is elected the Sub-Divisional Officer shall nominate a per son eli-
gible for election t o such Office t o be the Sarpanch, Naib-Sarpanch or
such other member, as the case may be, who shall on being so nominated
be deemed to have been duly elected.
2[(2) Where the Office of the Sarpanch or the Seat of any member is
reserved under Section 10 for any particular category and the Sub-Collec-
tor fails to nominate under Sub-Sec. (1) a person to such Office or seat, as
the case may be, for non-availability of an eligible person belonging to that
category, such Office or Seat shall, on r ecommendation being made t o
1. Substituted vide Orissa Gazette Ext. No. 1391/12.12.1995. Notfn No. 6139
Legis. 12.12.1995.
2. inserted ibid.
3. Substituted vide Orissa Gazette Ext. No. 1391/12.12.1995- Notfn. No. 19454
Legis./12.12.1995.
4. Omitted vide Orissa Gazette Ext. No. 426/18.04.1994-Notfn. No. 6139 /Legis./
18.04.1994.
5. Substituted ibid.
THE ORISSA GRAMA PANCHAY A TS ACT, 1964
GRAMA PANCHAY A TS MANUAL16
1. Inserted vide O.A.15 of 1997, Orissa Gazette Ext. No. 1567, Notfn. No.
22433 dt. 22.12.1997.
2. Inserted vide Orissa Gazette Est. No. 1391/12.12.1995- Notfn. No. 19454-
Legis./12.12.1995.
2-A. Added vide Orissa Gazette Ext. No. 1649 dt. 7.9.2001.
2-B. Inserted ibid.
2-C. Substituted ibid.
3. Substituted ibid.
that effect by the Sub-Collector, be de-reserved by the Collector after such
enquiry as he ma y deem fit and shall, ther eafter, be filled up b y fresh
election].
14. Election of Naib-Sarpanch :–  (1) As soon as ma y be after the
Publication under Section 15 o f the names o f the members elected at a
General Election such member s shall at the fir st meeting o f the Gr ama
Panchayat specially convened in that behalf elect in the prescribed manner
from among themselves a Naib-Sarpanch :
4[* * *]
5[Provided 4[* * *] that in the case o f every Grama Panchayat, the
Sarpanch elected under Clause (a) o f Sub-Section (1) o f Section 1 0 or
nominated under Section 13 is not a W oman, the Office o f the Naib-
Sarpanch in r espect of that Gr ama Panchayat shall be deemed t o have
been reserved for Women.]
(2) No election of a Naib-Sarpanch shall be made unless a majority
of the members of the Grama Panchayat be present at the meeting held
under Sub-Section (1).
(3) No election of a Naib-Sarpanch of a Grama Panchayat required to
be held under Sub-Section (1) shall be deferred merely on the ground that
any member thereof has been prevented by any order of a Court of compe-
tent jurisdiction from participating in such election.
(4) The members of a Grama Panchayat shall not be debarred from
proceeding with the election of a Naib-Sarpanch merely by reason of there
being any Causal Vacancy in the membership of the Grama Panchayat as a
result of death, resignation, removal or otherwise.
15. Publication of Result of Election :–  Subject to the rules, if any,
made in that behalf the names o f all per sons elected or nominated as
Sarpanch, Naib-Sarpanch or an y other member o f the Gr ama Panchayat
shall, as soon as may be after such election or nomination, be published
by the prescribed authority in such manner as may be prescribed :
1[Provided that if the prescribed authority is satisfied that the major-
ity of members including the Sarpanch of the Grama Panchayat have been
duly returned, he shall publish the names of such members, without await-
ing for the result of election whether conducted or not o f the remaining
members.]
17
16. Filling up of Casual Vacancies :– In the case of a Vacancy in the
Office of a Sarpanch or Naib-Sarpanch or an y other member of a Grama
Panchayat occurring otherwise , than b y efflux o f time or dissolution or
supersession of the Grama Panchayat the Sarpanch or Naib-Sarpanch, as
the case may be, shall forthwith report the fact to the Sub-Divisional Of-
ficer 2[who shall intimate such vacancy to the Election Commission with-
out any delay and shall conduct an election on such date as the Election
Commission may direct] to fill up the V acancy in accor dance with the
provisions of this Act and the rules made thereunder :
3[Provided that if such a Vacancy occurs during the last six months
of the term of Office of the Grama Panchayat, it shall not be necessary to
hold any election to fill up such Vacancy, in which case, the Vacancy shall
be left unfilled until the next General Election of the Grama Panchayat.]
CHAPTER - IV
OFFICE OF THE MEMBERS, SARPANCH AND NAIB-SARPANCH
17. Term of Office of members of Grama Panchayat– 4[(1) An y
person elected as a Sarpanch or Naib-Sarpanch or any other member of a
Grama Panchayat shall be deemed to have entered Office as such Sarpanch
or Naib-Sarpanch or such other member, as the case may be, on the date
of the first meeting of the Grama Panchayat as referred to in Sub-Section
(1) of Section 14 which shall be held within a period  not exceeding thirty
days from the date of 4[first Publication of names of members] under Sec-
tion 15 and the term o f Office of all such per sons shall expire with the
term of the Grama Panchayat.
5[(2) Every Grama Panchayat, unless sooner dissolved or superseded,
shall continue for five years from the date appointed f or its first meeting
referred to in Sub-Section (1) of Section 14 and no longer :
Provided that a Grama Panchayat constituted on the dissolution or
supersession of a Grama Panchayat before the expiration of its term shall
continue only for the remainder of the period for which the dissolved, or,
as the case may be, superseded Grama Panchayat would have continued
under this Sub-Section had it not been so dissolved or, as the case may be
superseded.
(3) The term of Office of a Sarpanch or any other member elected to
fill up a Casual V acancy shall e xpire with the e xpiry of the term o f the
Grama Panchayat as specified in Sub-Section (2).]
18. Incidents of Office :–  (1) The Office o f the member s of the
Grama Panchayat shall be honorary.
1[(2) The members of the Grama Panchayat including the Sarpanch
and Naib-Sarpanch shall be paid such sitting fee f or every meeting they
1-A. Added vide Orissa Gazette Ext. No. 1649 dt. 7.9.2001
2. Substituted vide Orissa Gazette Ext. No. 1649 dt. 07.09.2001.
THE ORISSA GRAMA PANCHAY A TS ACT, 1964
GRAMA PANCHAY A TS MANUAL18
attend and such travelling and daily allowances 2[as the State Government
may, by notification, determine] and all such fees and allowances shall be
paid from out of the Grama Fund.]
19. Powers, Duties and Functions of Sarpanch :– (1) Save as other-
wise expressly provided by or under this Act, the executive powers of the
Grama Panchayat for the purpose o f carrying out pr ovisions of this Act,
shall be exercised by the Sarpanch, who shall act under the authority o f
the said Grama Panchayat.
(2) Without prejudice to the generality of the provisions of Sub-Sec-
tion (1) the Sarpanch shall, save as otherwise provided in this Act, or the
rules made ther eunder and subject t o such gener al or special or ders as
may be issued from time to time by the State Government in that behalf–
(a) convene and preside over the meetings of the Grama Panchayat
and conduct, regulate and be responsible for the proper main-
tenance of the records of the proceeding of the said meetings;
(b) execute documents relating to contracts on behalf of the Grama
Sasan;
(c) be responsible for the proper custody of all records and docu-
ments, all valuable securities and all properties and assets be-
longing to or vested in or under the direction, management or
control of the Grama Sasan;
(d) be responsible for the proper working of the Grama Panchayat
as required by or under this Act;
(e) cause to be prepared all statements and reports required by or
under this Act;
(f) exercise supervision and contr ol over the act s and pr oceed-
ings of all Officers and employees of the Grama Panchayat;
(g) be the authority to enter into correspondence on behalf of the
Grama Panchayat; and
(h) exercise such other powers, discharge such other duties and
perform such other functions as may be conferred or imposed
on or assigned to him by or under this Act.
20. Reference by a Sarpanch to the Sub-divisional Officer in certain
Cases :–  If in the opinion of the Sarpanch any decision of Grama Panchayat–
(a) is subversive of peace and order in the locality; or
(b) results or is likely to result in any manifest injustice or unfair-
ness to an individual or body of individuals or a particular Com-
munity; or
(c) is likely to cause obstruction, annoyance or injury to the Public
1-A. Inserted vide Orissa Gazette Ext. No. 1649 dt. 7.9.2001.
1. Inserted vide Orissa Gazette Ext. No. 1391/12.12.1995- Notfn. No. 19454-
Legis./12.12.1995.
19
or to any Class or body of persons lawfully employed; or
(d) is likely to cause danger to human life, health or safety, or a
riot or affray; or
(e) is in contravention of the provisions of this Act, and the rules
made thereunder,
he shall refer the matter to the Sub-Divisional Officer and act, according to
such directions as the Sub-Divisional Officer may issue in accordance with
the provisions of this Act, and the rules made thereunder.
21. Powers and functions of the Naib-Sarpanch :–  (1) The Naib-
Sarpanch shall exercise such powers, discharge such duties and perf orm
such functions of the Sarpanch as the Sarpanch ma y from time to time
delegate to him in writing and the Sarpanch may in like manner withdraw
any or all the powers, duties and functions as so delegated.
(2) When the Office of the Sarpanch falls Vacant the Naib-Sarpanch
shall for all th

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