The GANJAM AND BOUDH (VILI.AGE OFFICES ABOLITION ) ACT, 1969
Odisha · state statute
Open in Lexace · Ask the AI about this act0RISSA ACT 1 OF 1970
1( THE GANJAM AND BOUDH (VILI.AGE
OFFICES ABOLITION ) ACT, 1969 )
[ Received the assent of the President on the 13th
January 1970,first published in an extra
ordinary issue of the Orissa Gazette,
dated the 22nd January 1970 ]
AN ACT TO ABOLISH CERTAIN VILLAGE OFFICES IN
THE STATE OF OrussA
Whereas it is expedient in the public interest to
abolish certain Village Offices in the districts of
Ganjam and Boudh of the State of Orissa and to
provide for matters incidental thereto in the manner
hereinafter appering;
It is hereby enacted by the Legislature of the
State of Orissa in the Twentieth Year of the Republic
of India, as follows:-
1. (J) This Act may be called the Ganjam and short title,
Boudh (Village Offices Abolition) Act 1969. extent and ' commence-
(2) It extends to the Ganjam Agency areas and to ment.
the Baliguda Subdivision in the district of Boudh of
the State of Orissa.
(3) It shall come into force on such date as the
State Government may, by 2notification, appoint in
that behalf.
2. In this Act unless the context otherwise Definitions
requires-
( a) "appointed date" in relation to any village
office means the date appointed in respect
of such office by a notification under sub
section (J) of section 3;
(b) "Collector" includes any officer, not being
below the rank of an Additional District
Magistrate appointed by the State Govern
ment to perform all or any of the functions
of a Collector under this Act;
·---·-------------·-------
. 1. For Statement of Objects and Reason5, see Orissa Gazelle, Extra
ordmary, dated the 8th October 1969 (No. 1545 ).
2. Came into force in th•' Ganjam Agency and Baliguda Suh-division
w. e. f. the 1st June 1970-\ idc S. R. O. No. 389/70 nublished in Orissa
Gazette, Extraordinary, dated the '.1rd June. 1970 (No. 625 ).
481
482 THE GANJAM AND BOUDH [Or. Act
(Sec. 3)
(c) " emolument" in relation to any Village
Office ineans salary, cash payment, commi
ssion, sanja or cist mamool, use or enjoy·
ment of lands held and all kinds of privile
ges and be11efits in respect of or annexed
to such office in lieu of remuneration for
the performance of the duty appertaining
thereto and includes right to fees or
perquisites in money or in kind, whether
at fixed times or otherwise as incidental
to such office;
( d) "prescribed" means prescribed by rules
made under this Act; and
(e) "Village Office" shall mean the office shown
in the Schedule.
Abolition of 3. (1) The State Gowrnment may from time to
Village Offi- time, by notification, declare the village offices speci
:~u~n~ ~
0
~~ fied therein to have been abolished with effect from
thereof. such date as may be appointed thereunder.
(2) Notwithstanding anything in any law, usage,
settlement, grant, sanad or order or in any judgment,
decree or order of a Court, with effect from and on
the appointed date-
(a) all the incidents of the service tenures rela
ting to such offices shall be deemed to
have been extinguished;
(b) all settlements, sanads and all grants in
pursuance of which such tenures were
being held immediately before the appoin
ted date shall be deemed to have been
cancelled;
(c) the rights of the holders of such offices to
receive any emoluments shall be deemed
to have been terminated;
(d) all rights to hold office and any liability to
render service appertaining to such office
shall stand extinguished;
(e) all lands held as emolument in respect of
such offices shall stand resumed and vested
absolutely in rhc State Government free
from all encumbrances; and
1of1970] (VILLA(.l= OFFICES ABOLITION) ACT, 1969
(Secs. 4-7)
(f) the holders of such offi.:cs shall cease to
have the right to hold all other lands
which thi: / would not have continued to
hoJc except by virtue or or as incidental to
his offi«.;.
483
4. (I) If any question arises as to whether a Collector to
person was immediatdy ~)e ·ore the appointed date the deciden, . ifha
Id {. . 1 ~, .. ·~ . 11 h 11 ft perso is t e ho er o any V1l age 'Ji1tCe 1 l1e Co ector s a a er holder of a
giving the perso>l atfocted an opportunity of being Village Office.
heard and after holding (ill e · '.quiry decide the ques-
tion.
(2) Any person aggrieved by the decision of the
Coilector under sub-sec:icn. (1) may within thirty days
of such decisi::m prt.fer an appeal to the Board of
Revenue.
5. All lands resumed under the provisions of this Settlement
Act shall be settled with rights of occupancy therein oflands.
on a fair and equitable rent with the holder of the
Village Office or with him and aH those other persons
if any, who may be in the enjoyment of the land or
any part thereof &.s his co-sharers or as tenants under
him or under such co-sharer to the extent that each
such person was in separate and actual cultivating
possession of the s~me immediately before the
appointed date.
6. The Village Officer shall, on abolition of the Employment
office, if there arc no lands to be settled with him, be v"~1 c1 ertainffi
'd f 1 · 1 · l 1 age 0 ce pa1 by way o so at1um a ump sum grant equiva ent in state
to rupees fifty for every completed year of service: Services. and payment of
Provided that no such solat1um shall be payable,
if such officer on his application has been appointed
before the expiry of a period of six months from the
appointed date to any suitable po~t under the State
Government in accordance with such rules as may be
prescribed.
Solatium.
7. (1) It Shall be th<:: duty of every holder of a submi;sion
Village Office in the prescribed manner- of Records and delivery
of possession
( ) d 1 . ll d . . . of land. a to e iver a recor s m?,mtarned by him
before the appo1ntd date in respect of the
land or village held by him in relation to
his office: and
484 THE GANJAM AND BouoH (Or. Act
(Sec. 8)
(b) to render all accounts appertaining to his
office in respect of dues payable by and to
him.
(2) Whoever without sufficient cause fails to
comply with the provisions of any of the clauses of
sub-section (J) within thirty days from the date of
service of a notice in that behalf or such further
period as the Collector may allow, shall be punisha
ble on conviction with fine which may extend to two
hundred rupees and in the case of continuing failure,
with an additional fine which may extend to ten
rupees for everyday during which such failure conti
nues after the conviction for the first such failure.
(3) The Collector may for the purpose of recove
ring the record specified in clause (a) of sub-section
(J) issue a search warrant and exercise all such
powers with respect thereto as may be lawfully
exercised by a Magistrate under Chapter VII of the
Code of Criminal Procedure, 1898. 5 of t898
Determina- • tion of 8. (J) If any person ts aggrieved by the provjsions
~:~b~~it~n of this Act on the ground that it provides for the
amounts to acquisition of property by the State, such person may
acquisition. apply within a period of three months from the
appointed date to the Collector for the determination
of the question and the compensation, if any, payable
in respect thereof.
(2) The Collector shall after holding an enquiry
and giving all parties interested an oppertunity of
being heard determine the right to and the amount of
such compensation, if any, as may be payable, so far
as may be in accordance with the provisions of sub·
section (1) of section 23 and section 24 of the Land 1 of 1894
Acquisition Act, 1894:
Provided that in determining the compensation
the Collector shall take into account the value of the
interest acquired by such person as a result of the
settlement of land, if any, in accordance with the
provisions of section 5.
(3) Any amount paid as compensation in respect
of any land settled under section 5 with any person
other than the holder of the Village Office shall be
realised by the State Government from such person
and all such amounts shall be recoverable as arrears
of land revenue.
l of 1970) (VILLAGE OFF1cEs ABOunON) A.er, 1969 485
36 of 1963
(Secs. 9-13)
(4) Any person aggrieved by the decision of the
Collector under sub-section (2) may, within thirty
days of such decision, prefer an appeal to the Board
of Revenue.
9. In giving effect to the provisions of section 5 ~e~~eTr:\r
no premium sh<dl be charged for the settlement of p~emium.
lands and the rent, if any, assessed and in force
immediately before the appointed date shall, in the
absence of any proof to the contrary, be deemed to
be the fair 9.nd equitable rent.
10. The State Government may, by rules made Procedure to
· h b If ·r · h 11 · 1 · be followed in m t at eha , spec1 y e1t er genera y or m re atlon proceedings.
to any particular area the time within which, the
authorities bv whom and the manner in which
proceedings in respect of matters under section 5
including matters preliminary, incidental or ancillary
thereto shall be commenced, heard and disposed of.
11. (1) Save as otherwise expressly provided in Appeal
this Act any person aggrieved by any order passed
under this Act or the rules made thereunder, may
prefer an appeal within thirty days from the date of
the order before the Collector, and if the original
order is passed by the Collector, before the Board of
Revenue.
(2) Any person aggrieved by an order passed in
appeal not being an appeal before the Board of
Revenue, may, within thirty days from the date of
the order, prefer an appeal both on questions of fact
and law before the Board of Revenue, who may after
calling for the records and giving the parties an
opportunity of being heard pass such orders confir
ming, modifying or reversing the order in question
according as tbe Boarci deems proper.
(3) Any person aggrieved by an order passed by
the Board of Revenue in an appeal under sub-section
(4) of section 8 may within sixty days from the date
of such order, file an appeal before the High Court.
12. All orders passed under this Act shall, Finality of
subject to the decision passed in an appeal, if any, be orders.
final.
13. The ~1rovisions of sections 4, 5, 12 and 14 of Application
the Limitation Act 1963 shall be applicable to the 0 fLimitation
fi . l d' . A Act, 1963 ltng of appea s un er this ct.
486
Authorities
to exercise
certain
powers of
Civil Court.
Power to
make rules.
THE GANJAM AND BouoR
(Secs. 14-15)
(Or. Act
14. (I) The Collector, Board of Revenue and the
other authorities specified under sections 10 and 11
shal1, for the purposes of this Act, have the same
powers as are vested in a Court under the Code of
Civil Procedure, 1908 when trying a suit in respect 5 of I9os
of-
(a) summoning and enforcing the attendance
of witnesses and examining them on oath;
(b) requiring the discovery and production of
documents;
( c) receiving evidence on affidavit; and
(d) such other matters as may be prescribed.
(2) All enquiries and proceeding before the
:::iforesaid authorities under this Act shall be deemed
to be judici'.'IJ proceedings within the meaning of
sections 193, 219 and 228 of the Indian Penal Code. 45 of 1860
15. (1) The State Government may after previous
publication make*rules to carry out the purposes of
this Act.
(2) In particular and without prejudice to the
generality of the foregoing power, such rules may
provide for-
( a) the procedure to be followed by the
Collector, the Board of Revenue and other
authorities while proceeding under any of
the provisions of this Act;
(b) the qualifications and other conditions for
the appointment of the holders of village
offices in suitable posts under Govern
ment; and
(c) all other matters which under the provi
sions of this Act are required to be or may
be prescribed.
(3) All rules made under this Act shall, as soon
as may be after they are made, be laid before the
State Legislature for a total period of fourteen days
*For rules see Notification No. 67755-E. A. I. (S. D.) 33/70-R., dated the
9th December 1970 bearmg S. R. 0. No. 963/70 published in Orissa Gazette
extraordinary, dated the 12th December 1970 (No. 1649).
1of1970) (VILLAGE OFFICES ABounoN) AcT, 1969
(Sch.)
which may be comprised in one or more sessions
and ii during the said pericd the State Legislature
makes modification, if any, therein the rules shall
thereafter have effect only in such modified form, so
however that such modification shall be without pre
iudice to the validity of anything previously done under
the rules.
l. Mutha Head
2. Sub-Mutha Head
3. Bisoyee
4. Patro
5. Sub-Patro
6. Hodadar
7. Samesthan Paik
8. Paik
9. Peshinia
10. Behera Dolai
SCHEDULE
[See section 2 (e)]
GANJAM AGENCY AREAS
21. Bada Kumaro
22. Bodo Bodo Kumaro
23. Sano Bodo Kumaro
24. Bodo Naik
25. Bodo Bodo Naik
26. Sano Bodo Naik
27. Ghadei
28. Ghodia Patro
29. Khotha Dalai
30. Bodo Dalai
11. Bodo Behera Dolai 31. Dala Behera
12. Sano Behera Dolai
13. Dandasena
14. Bodo Dandasena
15. Sano Dandasena
16. Malo Dandasena
17. Padhani
18. Bodo Padhani
19. Sano Padhani
20. Malo Padhani
32. Dalapati
33. Dharmo Dalapati
34. Sano Dalapati
35. Malo Dalapati
36. Rauto
37. Maihi
38. Bodo Majhi
39. Sana Majhi
40. Maharathy
487
488 THE GAN.JAM AND BouDH (VILLAGE OFFICES ABOLITION) ACT, 1969
[Or. Act 1of197())
41. Pradhan
42. Dora
43. Bodo Bissoyee
44. Sano Bissoyee
45. Dhangada Bissoyee
46. Malo Bissoyee
47. Sirdar
48. Sirdar Pradhan
49. Jagat Singi
50. Uttam Singi
51. Pa tta Singi
52. Gajendra
53. Sundarai
1. Mutha Head
2. Sub-Mutha Head
3. Patro
4. Sub-Patro
5. Paik
6. Karanam
7. Chatia
8. Karji
9. Mallika
10. Padra
11. Majhi
12. Bebhari
13. Peshinia
14. Desipatra
15. Dalabehera
16. Kotodalai
17. Naik
18. Goditory
19. Dandias
20. Sub-Bissoyce
21. Bissoyee
22. Digal
23. Dalapati
(24. Samasthanpaik
25. Muthamallik
( Sch. Contd.
54. Ranohati
55. Ranojiti
56. Arisaily a
57. Bairisailya
58. Pharsia
59. Karji
60. Karanam
61. Dalai
62. Sano Ghadai
63. Adhikari
64. Head Naik
65. Naik
BounH DISTRICT
26. Dakua
27 Pradhan
28. Koha1
29. Goda ti ya
30. Mutha Adhikari
31. Dandasena
32. Badamajhi
33. Behera Dalei
34. Rauto
35. Dalai
36. Bodo Naik
37. Kabat Majhi
38. Pato Majhi
39. l\1utha Majhi
40. Singi
41. Sitha
42. Bindhani
43. Gauntia
44. Badhei
45. Bodo Kumbhar
46. Barik
47. Sani
48. Badhaik
49. Sudhi Mallik
50. Sudhiholder Mallik
51. Assistant l\irntha Head J
----------~---·--------·--------~----------------- -·---
-1:-Add~ by the Ganjam and Boudh (Village Offices Abolition) Amendment Act, 1975( Gr. A' t
2_ofU976),;,s. 2.
Lex