The ODISHA PANCHAYAT RAJ FINANCE COMMISSION ( MISCELLANEOUS PROVISIONS ) ACT, 1993

 
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The Orissa Panchayat Raj Finance Commission (Miscellaneous Provisions) 
Act, 1993 
 
Act 28 of 1993 
 
 
 
 
 
 
 
 
Keyword(s): 
Grama Panchayat, Member, Panchayati Raj Institution, Parishad, Samiti 
 
Amendment appended: 14 of 1996
 
Y4 
ORBS A ACT 28 OF 1993 
THE ORISSA PANCHAYATI RAJ FINANCE COMMISSION (MLS(SELLANEOUS 
PROVISIONS ACT, 1993 
TABLE OF CONTENTS 
PREAMBLE . , ., 
SECTIONS 
CHAPTER 1 
PRELIMINARY ,* 
1. Short title and commencement. 
2. Definitions. II 
. - 
CHAPTER TI . . 
, , 
. . 
, , ..- , . 
.'OMPOSITION AND POWERS OF COMMISSION INCLUDING REQUISITE QUALIFICATIONS - ' 
AND MANNER OF SELECTION OF MEMBERS . . 
3. Constitution af the ~ammi6sian. 
, . 
4. ~uali'fication for appointment and manher of selection of members. 
: 5. Sec~tary to thc Commission. 
6. personal interest to disqualify for being a member. 
7. Disqualification for baing a member. 
8. Term of cffice of members. - 
9. Powerr; of the Commission. 
* CHAPTER III 
MISCELLANEOUS 
10. Filling up casual vacancies. 
11. Conditions of service and salaries and allowanccs of members. 
12. Officers and other employees of the Commission. 
13. Procedure to be regulated by the Commissiob 
14. Vacancies, etc. not to invilidate proceedings of the Commission. 
15. Powcr to make rules. 
16. Power to remove difficulties. 
ORISSA ACT 28 OF 1993 
*THE ORJSSA PANCHAYATX RAJ FINANCE COM~~ISSION ( MIsCELLA~%OUS PRO VISIONS ) 
ACT, 1993 
[ Received the assent oft he Governor on the 18rh December 1993, first published in an extraordinary 
issue of the Orissa Gazefie, d: tcd the 22nd Declmbsr 19931. 
AN ACT TO PROVIDE FOR THE COhlPOSIT[ON OF THE FINANCE COMMISSION, THE QUALIFICATIONS REQu'6[TE 
FOR APPOINTMXNT AS MEMBERS TEEREOF AND TEIB MANNER IN W HIGH 'LEIBY SHALL 
BE SELECIED AND TO PREGCRIBE'THEIR POWERG. 
BB it enacted by the Legislature of the State of Orirsa in the Forty-murth year 
of the Republic of India as follows:- 
CHAPTER I 
PRELIMINARY 
short tltle 1. (I) This Act may be called the Orissa Panchayati Raj Finance Commission 
and (MiscelIaneous Provisions) Act, 1993. 
wmmtnce- 
mcnt. 
(2) It shall come into force on sucll date as the State Government may, by 
notilication, appoint. 
Dtfi~itions. 2. In this Act, ~nIess the context othcrwisc requires.- 
(a)  commission^' means thc Finance Commission constituted by thc Governor 
- pursuant to clause (I) of Art icIe 243-1 of the Constitution; 
(b) "Gi amn Panchp yat" mca ns a Grama Panchayat constituted under the Oris= AC~, 
Oriss~ Grama Panchayats Act, 1964; 1 of 1995. 
(e) "Mcmbcr" means a member of tbe,Commission and itcludcs the Chairman 
t hercof; 
{d) "Paochayati Raj jnslituiion" means a Grama Pancha yat or a Samiti or a 
Parishad; 
(e) "Parisha d" means a Zilla Parishad constituted under the Orissa Zilla Orissa 
Parishad Act, 1991; OP 1991. 
(j) "Prescribed" means prescribed by rules; 
(g) "Rulcs" means rules made under this Act; 
(h) "Samiti'' means a Panchayat Samiti constituted under the Orissa Paochayati oiim 
Samiti Act, 1959. 7 of 1960. 
COMPOSITION AND POWERS OF COMMISSION INCLUDING REQUlS ITE 
QUALIFICATIONS AND MANNER OF SELECTION OF MEMBERS 
Constitution 3, The Commission shall consist of a Chairman and four other members: 
of the Com- Provided that thc Governor may imi-ease the number of such'other members, if he misionm considers it so expedient in the interest of tbe Panchyati Raj institutions. 
~~~~ifi~~\i~~ 4. Unless- otherwise determined by the Governor as and when circumstances 
,ppint- may so require:- 
ment mud 
manner of (i) the Chairman of the Commission shall be a person having experience in 
selection of public alkirs, who shall be selected, except where it is impraclicabl~ in any 
situation, from among the members of the Council of Ministers of the munbers. State; and 
* For the Bill, Ste Orissa Gazetie. extraordinary, dated the 3rd January, 1993 (No. 1443) 
(ii) the other members shgl be selected from among the persons who are- 
Secrclary to 
thc Commi- 
ssion. 
Ptrsonal 
i nterest to 
disqual i ly 
or being a 
mcmber. 
(a) members of the Legislative Assembly of the State ; or 
(b) members ofany All India Serviw or cf State Civil Service ; or 
(c] expert6 in the field of economics or social-sciences. 
5. The Secretary to the Go~ernrnent of Orissa in the Pqnchayati Raj Depart- 
ment shall be the Secretary to the Commission and shall convene the 
meetings of the Commission in consultat ion with the Chairman thereof. 
6. Beiore appointing a person to be a member, the .Governor- 
(i) sbaIl satisfy himself that such person will have no such financial or other 
interest a6 is likely to affect prejudiciaIly his functions as such member ; and 
(ii) shall also satisfy himself from time to time with respect to cvery member 
that he does not have any interest as mentioned in clause (i), 
and any person who is, or whom the Governor propose6 to appoint to be, a member 
shall, whenever -required by the Governor so to do, furnish to him such information as 
the Gprnpr considers necessary for the performance by him of his dytip as a 
member. 
Disqualifi- 7. A person shall be disqualified for being appointed or far continuing as a 
cation for member, if he- 
being a 
cmbcr. 
(a) is of unsound mind; 
(b) is an undischarged insolvent; 
(c) has been convicted of an offence involving moral turpitude: or 
(d) has such financia! or other interest as is IikeIy to affect prejudic~aIl~ his 
functions as a member. 
Term or 8. (1) Every member shall hoId office for a period of five years commencing 
OECG err. on the date on which the order of the Governor constituting the Commission is 
mcm b published in the Gazette and shall be eligible for reappointment. 
(2) Notwithstanding anything in sub:section (1) a member may, by writing 
under his'hand addresed to the Governor, resrgn from the office at any time. 
(3) The Governor shall remove a person from the ofice of member. if that 
person- 
(a) refuses to act or becomes impable of acting; or 
(h) is, without obtaining leave of absence from the Chairman, absent from 
three cdnsecutive meetings of the Commission; or 
(c) has, in the opinion of the Governor, so abused the position sf Chairman 
or member as to render that person's continuance in office detrimental to 
the interests of the Panchayati Raj institituons; or 
(6) has ceased to have the eligibility qualification as provided .. . in Section 
' 4; or 
(e) becomes subject to any of $he disqualifications specified in Section 7: 
Provided that no person shall be removed under clause (c) until thatperson 
has been given an opportunity of being heard in the matter. 
Powers of 9. (1) The Commission shaI1, in the perfo~ma,nee of their fyqdons, have 
the Cosmi- all the powcra of a. Civil Court while trying a suit. in resp+i of the fo~towinp 
ssion. matters, namely:- 
' (a) requiring the production of any document, information or data from 
the Psnchayati Raj institutions; 
(b) summoning and enforcing tbe attendance of any authority or official 
connected with the affairs of the Panchayati Ral institutio.116 ynd requiring 
them to furnish information on such points or matters as in the opinion of 
the C.ommission may be useful for, or relevant to, any matter 
~ader,consideration of the C.ommissi,op or connecte$ with t!~ @airs of 
the Pancbayati Raj indithtions. 
(2) In the performance of their functions, the Commission shall also have the 
power6 to- 
la) enter into the prc-mises ,of any pmchayati Rai ips titution to inspect ih 
functioning; and 
I&) review the day-to-day inmme and expenditure of any such institution and 
tp exaiine- 
(i) the pattern of assistwe required from the Government for such 
insjitulions: 
4ii) the principles ,which shall gov,ern the grant-in-aid from the Government 
to,(iuch instiiutions; ' 
(iii) the meas.ure6 directed towar.ds meintaining a sound hancial position of 
such j,nsfit~tioqs including the p,ower to impose taxes arid fees; 
(i~) such other matters as they may consider appropriate for the purpose of 
Iayjnga sound financial base fo,r 6,ych institutions to enable them to discharge 
thc,i,r powers 3qd fuaetions .effeFtively. 
FIUIng up 
vacm. 10. Any casual vacancy in the office of the Chaiman or of a member ,que to 
cia. death, resignation, removal or otherwise shall be ' filled up by -fie' Governor by 
fresh appo',ntmcnt in accordance with .this Actofa pcrson thcreto, who shall hold 
ofim for the unexpired period of the term of the Chairman or the member in 
whose place he is so appointed- 
Conditinos or 11, (I) The om~e of the Chairmzn and of every 0th- member shall be honorary; 
service and 
salaries ad provided that the Chariman and the other members may be paid such honom- 
a~~~~r~ O' durn as the State Government mhy, by rules, determioc from time to time. 
(2) The Chairman and the other members shall be paid travelling al[owapce 
at such rate as the State Government m2y, by rules, determine from time to time. 
Ofiicers and 12. (1) The State Government shall provide the Commission witb such ofices 
other emplo- and employe& as rnl y be nmessary for the efficient performance of the functions 
Yees of the of the Commission. 
Commission- 
(2) The salaric6 and allowan= pay+ to, and the other terms and conditions or 
service of, the officcrs and employees appointed for the putpose of the Commission 
shall b; such a6 may be prescribed. 
98 
Procedure to 13. (1) The Commission shaIl meet as and when necessary at such time an P be place as tbc Chairman may decide. by tbc t3mmission. 
(2) The Secretary to the Commission 6halI intimate the members the date 
time and plaw of every meeting of the Commission. 
(3) The Commission shall regulate it6 own prccedurc. 
Vacancies, 14. No act or proceeding of the Commission shall be invdid on the ground 
ere. not lo mereIy of the existence of any vaancy or defect in the constitution of the Commission. 1nva1idate 
proced~ngs of 
the CPmml- 
sion. 
Power ID 15. (I) The State Government may, by notification, make rules for carrying 
makerules- out the provisions of this Act. 
(2)p particuIar and without prejudice to the generality of thc foregoing 
powers such rules may provide for a11 or any of !he following matters, namely:- 
(d) the honorarium that may be paid under thc proviso to sub-section 
(I) of Section 11 to the Chairman and the other members ; 
(b) the rate at which travelling alIowance shalI be paid to the Chair- 
man and other members under sub-section (2) of Section 11 : 
(c) the salarics and aIlowances payable to, and other terms and 
condi tion6 of service of, the afficers and employees appointed for the 
purposc of the Commission under sub-section (2) of Section 12 : 
(d) the manner of intimating the date, time and place of meetings of 
the Commission to lhe members under sub-section (2) of Section 13: 
(e) any other matter which is required to be, or may be, prescribed. 
Power 10 16. (1) If any dificuIty arries in giving effect to the provisions of this Act, 
remove difi- the State Government may, by order published in the Gazettee, make provision 
culties, not inconsistent with thc pr~visions of this Act as appear to it to be necessary 
or expedient, or removing the diffieuIty. 
(2) Every order made under this section shall, as soon as may be after it 
is madc, be laid before the State Legislature.. 
QRJSSA PANCHAYATI QAJ FLYANCE COMMISSION (MlSCELLANEObS PK.*)YIYIONS) 
AMENDMI?? ACT, 1996 
TABLE OF COfiTENTS 
PR~AMBLE : 
SECZIONS : 
1. Short title and commencement 
2. Amendment of section 1 
3. Amendment of section 2 
4. Amendment of seclions 3,4 and 5 
5. Amendment o[ section 8 
6. .Amendment of section 9 
7. Amendmept of section 11 
' 8. Amendment of section 13 
9. Amendment of section 15 
I 0.. Repeal and savings 
*THE ORlSSA PANCHAYA'II RAJ FINANCE COMMISSION (MISCELLANEOUS 
PROVISIONS) AMENDMENT ACT, 1996 
[Reeivedthe ase::t of the Goverrmr 1111 tl~ 271!r Decenrber 1996, jrsr pl~bJish~d i~ an ex~ruordinary 
issue of the Orism Gazette, dared the 301 h December 1996) 
AN Am TO A~~ND TRE ORISSA PANCFIAYA~ RAT FINANCE COMMISSIPK [MISCEL~AHEOUS 
PROVISIONS) Am, 1993 
h it enncted by tbc Legislature of tho ~1.~0 of Oriasa in tbe.~orly-rev~nth year of the Republic of lndia as follow.; :- . 
) 
Short title I. (1) fhis 4ct may be called the Orissa Panchayal i R&i Finance Commission 
ad (Miscellaneous Provisions) Amendment Act', 1996. mmme- me (2) It shall be deemed to have come into force on rhe 18rh day of October, r 1996. 
Amend-t 2. In Seclion 1 of the Orissa Panchayari Raj Fhance  omm mission (kilaneous ori- Aa 
of Wion 1. PrhsionG) Act, 1993 (hereinafter referred to as thc principal Act), in sub-section (1),28 of 1993. 
the words "Panchayati Raj" shall be omitted. 
Amsdmmt 3. In Scc~ion 2 of the ~rincipal Act,- of Won 2. 
(i) after clause (b), the following c1al;se:shall be kserted, namely :- 
'@-I) "imtituticln" means any Panchayati Raj Institution or a Municipality'; 
and 
(il) after clause (c), the following clause shall be inserted, pamely : - 
'(c-1) "Municipality" means a Municipality as defined in the Oriaa or~ Act 
Municipal Act, 1950'. 23 of 1950. 
bmdmcnt 4. In the Principal Act, for Sections 3,4 and 5, ite following Sections shall be 
"4f$p3' substituted. namely :- . , 
"3. Thc Commission shall consist of a Chairman and four ather members 
out of whom one shall be appointed as the Member-Secretary: - 
Provided that Guvernor may increase the number of such othw members if he 
considers it so expedient in the ifitcrest of .the Panchayati Raj Institutions and 
Municipalities. 
4. (1) The Chairm?.n of the Cornmi ssion shall be,- 
(a) a serving or a retired Judge of the High Court ; or 
(bl a person of eminence yitb substantial experimce In public affairs ; or ! 
(c) a serving M retired Oovernment Servant with wide experience in the field 
of administration ; or 
(d)' an eminent economist. 
(2) The members other than McmberSccretary of the Commission shall be 
selected from among the person! who- 
{J) have special kaowledge in public finance and accounts ; or 
' 
(6) have had wide experience in the field of public fioancc and administra- 
tion ; or 
(cl have special knowledge and experience relating to 101x1 self-Governmeat 
in both urban snd rural areas ; clr 
(6) have special knowledge of economics. 
'For the Bill, See Orissu Gazerre, Extraordinary, dated the 27tb Novemk, 1996 (NO. 1244) 
5. The Member-Secretary of the. Commission 'shell b& apP*inted by the 
Governor from nmongst oficcrs belonging to the A11 India Scrvice or any State 
Cadre, who have had at Ieast ten years of service under . the State Government 
and bavo adrque te knowledg: in public finance. ". 
5, In scclion 8 of the principal Act,- of Seclim 8. 
(i) for sub-sect'ons (1) and (2) the Following sub-sections sba11 be substitute d 
namely:- 
"(1) Every member including the Chairman of the Commission shall hold 
officz for such period as may be specified in the notification of the 
Governor appointing him, but shall be eligible for re-appointment: 
Provided that he may, by letter addressed to the Governor, resign his 
(3 The rnsmbcrs of the Commission sball render, whole time or part-time 
scrvice to the Commission as the Governor may, in cach case, specifytm; and 
(ii) in clause (c) of sub-section (3, alter the words '(Panchayati Raj Institu- 
tion", the words ='or Municipali tes" shall be inserted. 
- Amendment 6, In section 9 of the principal Act.- 
of Section 9. . 
(i) in sib-section (1) after the words '.Panchay~ti Raj instilutions" wherever 
they occur, ,the words "and the Municipalitieb" shall be inserted; and 
(ii) in sub-section (21, in clause (a) after the wcrds "Panchayati Raj institution", 
the words "or a Municipaltty" shall be inserted. 
Amendment 7. In the principal Act, Tor section 1 I, the following Section sball be substituted, 
. . . 
.of *lion namely:- 
11. 
"1 1. There shall bc paid to rncmbers of the Commission including the Chairman 
and the Member-Secretary such fees or salaries and such allowances as the Stale 
Government may, by notification, determine.". , 
~rnonclrncnt 8. In the principal Act, in sub-section (2) of $&lion 13, far the word "Secretary", of the $ords "Mernbcr-Secretary" shall be substituted. 13. 
Amendment 9. In the principal Act, in Section I j. sub-section (2) shall br ohit tcd. 
or Sact~on IS. 
rtepeal and 10. (I). Thc Orissa Panchayati Raj Finance. Commission (Miscellaneous Provisions) Orlssa 
a aviogs. Amendment Ordinancc, 1996 is hereby repealed. Ordinan= No. 2 of' 
(2) Notwithstanding such repcal, anything done or . any action taken under the Igg6- 
principal Act as amended by the said Ordinance shall tie dcemcd to bave been done- 
' 
or takcn under tbe principal Act as amended by this Act. 

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