The Odisha Grama Rakshi Act, 1967

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ORISSA ACT 17 OF 1967
An Act to provide for the regulation of Grama Rakshis in the State of Orissa
BE it enacted by the Legislature of the Stae of Orissa in the Eighteenth
Year of the Republic of India, as follows :
Statement of Objects and Reasons :– Following the abolition of the
Chowkidary system and the reported defects in the working of the Beat
constable system, the need for setting up a suitable village  administrative
agency to help in maintenance of law and order and certain other administrative
functions at the village level was kneely felt and with this object in view it was
considered necessary to introduce the Grama Rakshi Scheme.
As the matter became very urgent and as the Assembly was not in
session, then, the Orissa Grama Rakshi Ordinance, 1967 had to be promulgated
by the Governor of Orissa on the 10th January, 1967 to achieve the above
purpose. A bill to replace the Ordinance could not be introduced in the last
session of the Assembly due to want of time and therefore it was necessary
for the Governor to promulgate a second Ordinance called the Orissa Grama
Rakshi (No. 2) Ordinance, 1967 soon after the expiry of the first one. As the
(No. 2) Ordinance is to expire on completion of six weeks from the reassembly
of the legislature it is necessary to have it replaced by a law passed by the
legislature.
The Bill seeks to achieve the above purpose.
1. Short title, extent and commencement :– (1) This Act may be called
the Orissa Grama Rakshi Act, 1967.
(2) It shall extend to the whole of the State of Orissa.
(3) It shall come into force at once.
2. Definitions :– In this Act unless the context otherwise requires
(a) “Government” means the State Government of Orissa;
(b) “Grama Panchayat” and “Village”  shall have the same meaning
as have been respectively assigned to them in the Orissa Grama
Panchayat Act, 1964 (Orissa Act 1 of 1965);
(c) “President” means prescribed by rules made under this Act;
(d) all other words and expressions used in this Act but not defined
*. Published vide Orissa Gazette Ext. dt. 29.7.1967.
For statement of Objects and Reasons see O.G.E.No. 948/27.7.1967.
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
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herein shall have the same meanings as have been respectively
assigned to them in the Police Act, 1861 (5 of 1861) :
3. Constitution of Grama Rakshi Force :– Notwithstanding anything
contained in any other law, for the villages within the state their shall be a
Grama Rakshi Force which shall be constituted in such manner as may be
prescribed and shall consist of such number of Grama Rakshis as Government
shall determine.
4. Administration and control of Grama Rakshis :– The administration of
the Grama Rakshis within a district shall, subject to the control and direction
of the Revenue Divisional Commissioner, vest in the Magistrate of the district.
5. Appointment of Grama Rakshis :– (1) The Magistrate of the district
may appoint within his jurisdiction persons having the prescribed qualifications
to be Grama Rakshis.
(2) The manner of appointment, pay, allowances and other conditions of
service of the Grama Rakshis shall be such as may be prescribed.
(3) The Magistrate of the district may, with the approval of the Revenue
Divisional Commissioner, delegate his powers under Sub-Sec. (1) to the
Superintendent of Police of the district or to any Sub-Divisional Officer within
the district to be exercised within their respective jurisdictions.
6. Powers and duties of Grama Rakshis :– Notwithstanding anything
contained in the Code of Criminal Procedure, 1898, (5 of 1898), every Grama
Rakshi shall exercise and discharge the following powers and duties, namely :
(a) to give immediate information to the Officer-in-charge of the
Police-Station within whose local limits, the village of which he is
the Grama Rakshi, is situated, of every unnatural, suspicious or
sudden death which may occur and of every offence specified in
the Schedule which is committed in such village;
(b) to keep the police informed of all disputes, which are likely to lead
to a riot or serious affray;
(c) to the best of his ability, to prevent and interpose for the purpose
of preventing the commission of any offence specified in the
Schedule;
(d) to assist private persons in making such arrests as they may
lawfully make and to report such arrests without delay to the
Officer-in-charge of the aforesaid Police-Station;
(e) to observe and from time to time to report to the Officer-in-charge
of the aforesaid Police-Station the movements of all bad Characters
and also of the arrival of any suspicious Characters within his
jurisdiction;
(f) to report the births and deaths, which have occurred within his
jurisdiction to the Officer-in-charge of the aforesaid Police-Station
at an interval of fifteen days;
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(g) to supply any local information which the Magistrate of the district,
Sub-divisional Officer or any Police-Officer may require;
(h) to assist the Grama Panchayat and the Revenue Officers within
whose local limits he is appointed, in making collection of taxes
levied by the Grama Panchayat and of dues payable to Government
and to assist the Grama Panchayat in serving the notices issued
by it and calling persons to attend at all meetings convened by it;
(i) to assist the Police-Officers in investigation of offences and in
identification of witnesses, persons summoned by a Court, and
persons against whom warrants of arrest have been issued by a
Court;
(j) to report immediately to the Officer-in-charge of the aforsaid
policestation any damage to any protected monument or public
property :
(k) to regulate and control the traffic in the streets, and to prevent
obstructions therein;
(l) to take care of Government land, orchards trees and other
Government property entrusted to him; and
(m) to exercise and perform such other powers and duties as may be
prescribed.
7. Punishment of Grama Rakshis for neglect of duties, etc. :– (1) Subject
to the rules made in that behalf, the appointing authority shall have the power
to suspend, dismiss or fine up to an amount ten rupees, any Grama Rakshi
under his control, if the Grama Rakshi without reasonable cause neglects or
refuses to exercise the powers or discarges the duties conferred or imposed
on him by or under this Act or to obey any lawful order or direction given to
him for exercising and performing his powers and duties or is guilty of any
breach of discipline or misconduct.
(2) When the appointing authority passes an order suspending, fining or
dismissing any Grama Rakshi under Sub-Sec. (1) he shall record such order
with the reasons therefor and note of the enquiry in writing and no such order
shall be passed unless the Grama Rakshi concerned has been given an
opportunity of being heard in his defence.
(3) Any Grama Rakshi aggrieved by an order made under Sub-Sec. (1)
may prefer an appeal against such order before the prescribed authority within
thirty days of the date of communication of such order and the said authority,
after hearing the appellant, may pass such order as he thinks fit.
(4) The Rvenue Divisional Commissioner may at any time call for and
examine any record for the purpose of satisfying himself as to the legality or
propriety of any order passed under Sub-Sec. (1) or under Sub-Sec. (3) and
pass such order as he thinks fit.
(5) Every order passed under Sub-Sec. (1) shall, subject to orders, if any,
passed under Sub-sec. (3)or under Sub-Sec. (4), be final.
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(6) Any fine imposed under this Section may be recovered in the manner
provided by the Colde of Criminal Procedure, 1898 (5 of 1898) as if such fine
were imposed by a Court.
8. Grama Rakshis to be Public Servants :– The Grama Rakshis acting
under this Act shall be deemed to be Public Servants within the meaning of
Section 21 of the Indian Penal Code (45 of 1860).
9. Power to make Rules :– (1) The Government may, by notification,
make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters, namely:
(a) manner of Constitution of Grama Rakshi force;
(b) qualifications, manner of appointment, pay, allowances conditions
of service, jurisdiction, powers and duties of the Grama Rakshis;
(c) the authority before whom appeals under Sub-Sec. (3) of Section
7 shall lie; and
(d) any matter which has to be or may be prescribed under this Act.
(3) All rules made under this Section shall, as soon as may be after they
are made, be laid before the State Legislature for a total period of fourteen
days which may be comprised in one or more sessions and if during the said
period the State Legislature makes modifications, if any, there in the rules, shall
thereafter have effect only in such modified form, so however that such
modification shall be without prejudice to the validity of anything previously
done under the rules.
10. Repeal and Savings :– (1) The Orissa Grama Rakshi (No. 2) Ordinance,
1967 (Orissa Ordinance No. 9 of 1967) is hereby repealed.
(2) Notwithstanding such repeal anything done, any action taken, any
rules or appointments made or any notifications issued in exercise ordinance,
1967 (Orissa Ordinance No. 1 of 1967) or the Orissa Grama Rakshi (No. 2)
Orissa Ordinance, 1967 (Orissa Ordinance No. 9 of 1967) shall be deemed to
have been done, taken, made or issued in exercise of the powers conferred by
or under this Act as if this Act was in force on the day on which such thing was
done, such action was taken, such rules or appointments were made or such
notification was issued.
SCHEDULE
Offences for which a Grama Rakshi may give Information
[See Section 6]
Murder, culpable homicide, rape (when the offender is not the husband
of the woman raped), dacoity, robbery, theft, mischief by the fire, house
breaking, counterfeiting coins, voluntarily causing grievous hurt, riot,
administering stypefuing drugs, kidnapping and all attempts and preparations
to commit and abetment of the said offences.

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