LexThe Odisha Offices of Village Police (Abolition) Act, 1964
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The Orissa Offices of Village Police (Abolition) Act, 1964
Act 3 of 1964
Keyword(s):
Emolument, Grama Sasan, Jagir Lands, Village Police
oRrSSA ACT 3 OF 1964
THE ORISSA OFFICES 01: VILLAGE POLICE - - --
(ABOLITION) ACT, 1964
CONTENTS
I. Short title, extent and comrnencemcnt
2. Definitions
3. Abdi tion of Officcs 0;'' Village Police
4. Settlement of lands and solatiurn
5. Submission of records
6. ~ettIement to bc frce of premium
7. Procedure ro bc followed in proceedings
8. Appeal and revision and bar of j urisdiction of Civi I Caurts
9. Authorities to exercise cerlain powers of Civil Court
10. Powcr to make ruIes
11. Effect on cnrresponding laws
12. Power to rcmovc doubts s nd dificultics
13. Repeal and Savings
ORISSiZ. ACT 3 OF 1964
THE ORISSA OFFICES 01; VILLAGE POLICE
(ABOLITION) ACT, 1964
CONTENTS
1. Short title, exlcnt and corllrnencemen t
2. Definitions
3. AbaIition of Oficcs o: Village Police
4. Settlement OF lands and solatium
5. Submission of records
6. settlement to be frce of pre~lium
7. Procedure to bc rollo~ved in procez:lings
8. Appeal and revision and bar of jurisdiction of Civil Courts
9. Authorities Lo exercise ccrtain powers of Civil Court
10. Power to make rules
11. Effect on corresponding laws
12. Power to removc doubts and difficulties
13. Repeal and Savings
'[THE ORISSA OFFICES OF VILLAGE POLICE
(ABOLITION) ACT, 19641
IRecei-ved the assen1 of 111c Go~lel-~lor OII the 28th
March 1964, filmst published in arl extra-
ordhary issrre of the Crjssa Gazette,
&led the 28th Mrrr.c11 19641
AN ACT TO ABOLISH THE OFFICES OF VILLAGE POLICE
IN THE STATE OF ORISSA
BE it enacted by thc Legislature of the State of
Orissa in the Fifteenth Year of the Republic of India,
as folIows : -
1. (I) This Act may be called the Orissa Ofices Shorlrirlc.
of Village Police (Abolition) Act, 1964. cxtcnt and
comwencc-
(2) It shall extend to the whole of the State of mcnt.
0rissa.-
(3) It shall come into force at once
2. 3n this Act unless the context 0 ther~vise Dclinition
requires-
(a) "appointed date" in relation to any Village
Police means such date as the Stdte
Government may appoint ' in that behalf
and different dates may be so appointed
in respect of difierent Village Police in
d,ifferent areas ;
1. For SlaIemcnt oi Objvcb and Reasons scc Or;ssn Gn:crrc, Extra-
ordinary, daled ~hc 251h Fcbruary 1964 (No. 352).
2. Came into lorcc \V. C. f-
(i) Tbo3st April 1965 in rospecl' of all Village Policc in thc (a)
Nayngarh subdivision in thc dislricl or Puri, (1)) Nilgiri subdivision
in 1 hedistrict of Halasorc, (c) At hgarh subdivision in lhc district
or Cullack.vidc nolitication No..2472-P.. datcd ihc 24th January
1965, published in 1 hc Orirsa Garetfe, darcd thc 12th Fcbruary
1~5, PI. nr, P. 132 ;
{jl)-Thc:Ist May 1965 in rcspect orall Village Police in thc district of
Kalahandi, vidc nutifiation NU, 4175-P., dalcd-rbc 17th Fcbruary
1965, published in thc Orissl~ G[izcftlle, daicd 111c 261h February
I965, Pr. ILI, P. 218 ;
(Ili) Thc I st July 1865 in rcspccl or all Village Police in villngcs, namely:
Aranga, Niladriprasad, Nirapalli and T~rndalii in Banpur Tahasil
undcr Kliurda subdivision in Lhc dislrict of Puri, vide notification
No. 17265.P., dalcd thc 19th Junc 1965, publislicd in lhe Otisra
Cowlfe, datcd tlic 2nd July 1965, P- 741 ;
(iv) The 1st Dcccrnbcr 1965 in rcspci of all villogt Police in the arco
Khondnial subdivision in Ihc dislrict or phulbani, vidc nolifim-
tion No. ?755ap.-p2~-19/64, datcd I~IC 5111 ~ovcmbpr 1965,
publisl~cd 10 111c Urissn Gn:rrrc, da ~cd tl~c 12th Novcrnbcr 1965,
Pt. IE, P. 1199.
THE ORISSA OFFICES or: \TILLAGE [Or. Act 3
(6) "Colle~l(~~." iricludcs ni-iy ofliccr 11ot being
helow the !an k or an Additionnl Disirict
Magislrntc appoinicd by the Stalc Govzrn-
merit lo pe~rornl all or any of the
ful~cljons of s Collectol. under this Act ;
(c) "emolumcn t" in relnlinn to any Villago
Police Oficc-I. meails salary, payment in
caslz or in kind or in both, commission,
use or enjoyment of lands Ileld and a11
kinds of privileges and benefits in respect
of or ancexed to such office in lieu of
remuneration for the performance of the
duty appertaining thereto ;
(d) ''Grarna Sasan" means [he Grama ' Sasan
co~lstit~~tcd 1111der ale provisions of the .,,
Orissa Graina Panchayots Act, 1938 ; ' 15 or 1964
(e) "Jaagir lands" ir? relatioil to any oace of
ViIlagc Police means lands by atever
narne described or locally known, whetl~er
or not recorded as such in thc settIenlent
papers, held as emolument in respect of
such office ;
(fl "prescribed" meam prescribed by rules
made by the Stat? Government under this
Act ;
(g) "Village Police" means a Chaukidar, Maha-
nayak, Dafadac, J hankar or KaIounder any
system of Viltage PoIice administration and
includes all ViIIage Police Officers of such
designation as the State Government may,
from time to time notify.
or 3. (1) Nalwithstanding anything in any other law cmccs or
~illagc~olicc or in any rule, order, custom, usage or practice having
the force of law or in any contract, sa~~ad or grant or
in any juclgmcnt, decree or order of n Court, with
effect from and on lhc appointed daie-
(a) all offices of Viilage Police shalI be deemed
i to have becn abolislled ;
-.
71
\.I(\
(b) the rights of the nslld~rs of the said omces
to receive any emolument sl~all be deemed
to have been terminated ;
(c) all rights to hold officc and any Iiability to
render service appertaining to such office
, . shaII stand extinguished ;
a11 ri~hts, privileges and obligations of any
person holding the ofice of a ViIIage
Police in respect of the exercise, perfor-
mance or discharge of a1 l powers, func-
tions and duties of any kind whatsoever
attached to such office or in relation
thereto shall stand extinguished ; and
(e) all Jagir lands shall stand resumed and
vested absoluteIy in the State Government
freu from all encum hrances:
provided that any person being a Jhankar or
Kaio who, in accordance wit11 any local law, custom,
usape or practice, was irnmedately before thc appoint-
ed -date discharging dutics of n Villaga Priest
attached to the office of such Jhanknr 01. Kale, shall
continue to hold fifty pcrn cel~tunl of the Jagir lands,
if any, Tor so long as he continues to discharge the
said duties.
(2) Where ViiIage Police Officers with emolu-
ments consisting of cash remuneration only have been
served with notices from the District Magistrate in
any area plirporting to tertnin.;te the services of such
oEcers and providi~ig for col~fermcnt of benefits
specified in sub-sectioii (6) or section 4, the provisions
of this Act shall have effect iu relation to offices of
sucl~ Village Police as fully and effectively as if this
Act with rnodificntions speciiied in sub-section (3) had
been in force at all rnaterial times and the said noti-
ces had becn issued under this Act.
(3) The inod ifications I-cferred to in su-bsection
(2) shall be the following, namely:-
(a) "appointed date" shall be read and
construed-
(i) for purposes of sub-section (I) and sec-
tlons 4, 6 and 1 I as the first day of
August 1963; and
- 52 THE ORISSA OFFICES OF VILLAGE [Or. Act 3
(ii) for purposes of section, 5 as the date 01
which rules are made in: relation to
matters covered by subsection (1) of
the said section;
(b) benefits conferl-ed under sub-section (6) of
section 4 shaII be read and construed as the
benefits specified in the said notices.
sortlcrncnt or 4. (I) Ali Jagir lands resumcd under the provi-
landsand sions:of this Act shall, subject to the provisions of solarium
s-ub-section 2), be settled with rights of occupancy
I therein on a air and equitable rent to be determined
in the prescribed manner, with the Village Police Offi-
cer or with him and all those other pcrsons, if any, who
may be holding the land or a-ny part thereof: as his
co-sharers 01 as tenants in pursuance of any Ioccll
custom, usage or practice under him or under such
co-sharer to the extent that each such person was in
separate and actual cuItivating possession of, the.
same immediately before the appointed date.
(2) The totaI area of such land in possession ofy
each such person shall be subject to a reservation.
of a certain fraction thereof in favour of the Grama-
Sasan-within whose limits the land is situate and tba
extent of such reservation shaIl be determined 'in
the. following,manner, namely :-
I:.
' . '- Land,in possession Extent" 'OF
reservatios
. ,
.. , Less than: 10 acres
, . . . Nil
1.0 acres or abovc but less than, 5.per ceqt
33 acres.
33'acies or abovc but less than 10 perxent
100 acres.
. 100 acres *r above but less than 20 per cent
' ' 200,aores.
200 acres and above . . 30 per cent
(3) The rent detcrmincd under subsect ion (I) ball be payable wit11 effcct from the appointed
date and the rent for the pcriod, prior, to such
determination shall be recoverable withi4 thrw
years therefrom.
(4) All* persons entitled. to the settlement of
Jagir; lands under sub-section (-1). shall, in the.
prescribed. manner and within the- prescribed period,
file claims before the prescribed: authority and on-
failure of fjIing such clai 111- the person - concerneda
shall be debarrcd from claiming any right under
this section.
. .
(5):Any person with ivhom land's are settled . . . , ,
under sub-section (I) shall on payment of such
fees as may be prescribed,. be entitled to a Phtta
containing the prescribed particulars.
(6) Where the emclurnent in relation to any
Village Police Oacer, consists on Jy-of' remuneration
in cash, such officer shall, as soon as may be afw
the appointed date, be entitled to be paid as
so~aiiur~~ a sum equivalent to the total emolument
for the period of twclve months immediately prece-
ding thc said date and to the settlement' of one acre of
cuItivable land with rights of occupancy' therein, on.
a fair and equitabIe rent to be determined in the
firescribed manner :
- '[Piovided that in cases where any Village
Police Oficcr has already been scttled with onc acrc
of cullivable land wirh rights of occupancy therein;
prior to the appointed date solely in - c~nsidcr,a;ntionl
GC-thc impending abolition of his office, the settle-
ment so made shall, for a1 I, purposes; be decmcd to
be settlenlent of land made under. l his sub-section. ]
5. (I) It shail be the duty of every Village Poiice Submissip~l
Ollicer in the prescribed manner to dcl I ver allirccords:of rmds
maintained by him in, respect ofi his office;
(2) Wl~oever fails to comply with the provisions of
sub-section (1) within thirty days from the appointed
date or such further period as the Collector may
alIow; shall be punishable on convictf on. with- fine
which hay. extend to two hundrcd' rupees and 'in the
case of continuing failure with an additional- fine
which may extend to ten rupees for every day during
which such-failure continues after the convi~tio~z for
t,he first such failure.
I. Inscrlcd by thc Orissa Oficcs of Village Police (~boIil!on>
(Arpondmcnt) ~ct, 1967 (Or. Act 23 of I967), s, 2.
THE ORISSA OFFICES OF VILLAGE [Or. Act 3
(3) The ColIcctor may for the purpose of
recovering the records specified in sub-section (I)
issue a search warrant and exercise all such powers
with respect thereto as may be lawfuIly exercised by
a Magistrate under Chapter VII of the Code of50rrsss
CriminaI Procedure, 1 898.
Selllament
to be rroe 6. No premium shall be charged for the settle-
ofpromiurn. ment of lands under section 4 and the rent, if any,
assessed and in force immediately before the appoint-
ed datc shall in the absence of any proof to the
contrary be deemed to be the fair and equiiable rent.
Procedure
LO bt 7. The State Government may, by rules made in
toIlowed in that behalf, specify either generally or in relation to
prwcedinss- any particular area the time within which, the autho-
rities by whom and the manner in which proceedings
in respect of mattcrs under section 4 including matters
preliminary, incidental or ancillary thcreto shall be
commenced, heard and disposed of.
Appcal and
revision and 8. (1) Save as otherwise expressly provided in
bar or this Act any person aggrieved by any ordcr passed
jurisdiction undcrthis Act ortherulesmade tl~eceunder by any of Civil
courts. Officer below the rank of a Collcctor, may prefcr an
appeal within thirty days from the date of the order
before the Collect or.
(2) Any person aggrieved by any order passed
by the Collector under this Act or the rules made
thereunder may, witbin thirty days from the date of
the order, file an application for revision before the
Board of Revenue, who may, after calling for the
records and giving the ~arties an opportunity of
being heard, pass such orders confirming,. modifying
or reversing the order in question accordng as the
Board deems proper.
(3) Subject to the provisions of the receding
subsections a11 orders passed under this Act shall
be final.
(4) No Civil Court shall have jurisdiction to
cnlertain any suit or proceeding so far as it relates
to any matter which any oficer or oti~el- competent
authority is empowered by or under this Act to
decide.
9. (1) The Collector, Board of Rcvcnoc and thc~~th~fiti~
other au~horitics ;~rescl-ibocl in accorda~lce with Lo cx~rcisc ccrtain
seclion 7 shaII, for tllc purposes of chis Act hrcvc lhc powcrso~
5 of 1908 sanlc powcrs as are vested in a Court under thc CivilCo~rt-
Code of Civil Procedure, 1908 when trying a suit
in respect of-.
(0) sum~noning and enforcing Ihe altendance
of witnesses ancI cxarnining Iher!~ on oath;
(b) requiring the discovel-y and production of
documents;
(c) receiving evidence o n af5davit ; and
(d) suc!z other matters as may be prescrj bed.
(2) A11 enquiries and proceedings under this Act
shall be deemed to be judicial proceedings witbill the
45 or 1860 meaning of sections 193, 219 and 228 of the Indian
Penal Code.
10. (1) The Statc Government may make rules* Power to
to carry out the purpases of this Act. makt rub
(2) In particular and without prejudice to the
generality of the foregoing power, such ruIcs may
provide for-
(a) the procedir1.e to be folIowed by the
Collector, tbe Board of Revenue and other
authorities while proceeding under any of
the provisions of this Act; and
(b) all other matters which under the provi-
sions of this Act arc 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
which may be comprised in one or more sessions and
shall be subject to such modifications as the State
Legislature may make du ring the said period.
11. With effect from the appointed date the Effocr on provisions of any othcr law or rule, regulation or,,,,,,,,
order having the for= of law shall, in so far as they in6 laws,
relate to any Village Police, stand repealed and any ,
-
mFor (ha r ~le~ xcc ~Z~$tion NO. 46663-Legis. (L-R)21164-R., dated
Iho 29th July 1964, publishcdlo Orix~ G~zeltc, Extraordinnry. dated the 3111
Jmll I964 1 No. 1195 1.
56 THE ORISSA OFFICES OF VILLAGE POLICE (ABOLITION) ACT, 1964 [Or. Act
3 of 19643
(Secs. 22- 13)
custom, usage, practice, contract, sanand or grant
shall, .in so far as the same is r~pugnant to the
provis~ons of this Act, stand an~lullecl.
12. If any doubt or difficulty arises in giving
Powcr to
,,,,,, effect to the provisions of this Act tlzc State Govern-
daubisand ment may, as occasion may requirc, by order, do
dificultics. anything not inconsistent with the provisions of this
Act or the rules ~nade thercunder, which appears to
them necessary for purposes of rcnloving thc d oubl
or difficulty.
Rcpeal and 13. (1) The Orissa Offices of Village Police ,is3B
savings (Abolition) Ordinance, 1963 is hereby repealed. Ordinance
No. 2 of
(2) Notwithstanding such repeal anything done, 19G3-
any action taken, any ~~ules or orders made or any
notice or notification issued in exercise of any power
canferred by or under the said Ordinance shall be
deemed to have been done, taken, made or issucd
ja exercise of the owers conferred by or under
this Act, asjf this 1 ct had cornnlenced on the 2nd
day of Decembor 1963.