LexThe Odisha Panchayat Samiti Act, 1959
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The Orissa Panchayat Samiti Act, 1959
Act 7 of 1960
Keyword(s):
Block, District Board, Grama, Grama Panchayat, Panchayat Samiti,
Population
Amendments appended: 26 of 1992, 5 of 1993, 26 of 1993, 7 of 1994, 21 of
1994, 3 of 1995, 20 of 1995, 16 of 1997, 5 of 2001, 12 of 2001, 15 of 2003,
ORISSA ACT 7 OF 1960
THE ORlSSA PANCHAYAT SAMlTI ACT, 1959
---
CO~TE KTS
CHAPTER I
1. Short title, extent and commencement
2. Enactments repealed
3. Definitions
CHAPTER IJ
CHAPTER 111 ,
15. Constitution of blocks
1EA. Appointment of Block Development OCficer
16. Constitution of the Panchayat Samiti
17. lacorporation of Samitis
18. Conduct of business of the Samiti
I
13 1
19. Chairman of tbe Samiti to k the executive authority
20. Powers ad functions of the Samiti
20-A. Powers and tUnctiotu of the Chalman and Vjw-Chairmarl of Samiti
21. Execution of work by two or more Samitis jointly
Omitted
23.
24. Badget of the Samiti
25. Appointment a~d conditions Of service of thc employees of the Samiti
25-A. Limitation of jurisdiction over Municipalities
CHAPTER 1 V
'' } Dmitrd,
27.
28. Paachayat Samiti Fund
29. Income and Expndituft of the Samiti
30. Accounts of the Samiti
31. Audit of Parichad and Samiti Funds
CHAPTER V
32. Fuad and property or a District Board to vest in Oove-mt
33. Recovery of gums due at wmmmcemant of Act
34. Inspecting and superintending officers of Samiti
35. Power of entry Of inspfxting oficcrs
36, Access of inspacting ~ficcrs to + Samiti property
37. Power to call for reprt from + Sam%
38. Power to suspend or cancel reso~utioa under the Act
33. Extruotdimry powers of CoI lector d the district
40. Government's power to take action in default of a Samiti or its Chairman i
i 40-A. Removal of Chairman and Vice-chairman of Samiti
40-3. Revival of removal proceedings
41. Dissolutioo and reconstitution of Samitis
42. Supersession of Samiti
43. Devolutir>a of assets and liabilities of dissohed or superseded Samiti
44. Powefs of officefs aciing Cot or in default of Samiti
CHAPTER VI-A
*A. Election petitions
44-B. Presentation of petitions
44C. Parties to the petition
&Dm Contents of petition
44-E. Relief that may bc claimed I& the ptitioner
44-F. Procedure before the Election Commissioner
44-G. Appearance before-Election Commissioner
44-H. Powers of Election Commissiooer
44-I. Recrimination when seat claimed
44-J. Decision of Election Commissioner
44-K. Other orders to be made by the Elsction Commissioner
44-L. Grounds for declaring election void
44-bi. Grounds for which a candidate other than the returned candidate may
declared to have been elected.
44-N. Corrupt practices
44-0. Withdrawal oP petition
4.42. Abatement 'of petition
SECTIONS
CHAPTER vn
MISCELLANEOUS
45. Disqunl%,mtions for becomlng a rdtmber and continufag as a memkr
45-A, No person to stand for more than one Samiti
45-B. Distric: bJude;e to tr3cide question of disquaiificat ion
45-C. @a$ua of cwtion
45-D. Omitted
46. Regignation of Chairman, .Vict-Chairman and members .
#-A. .Gssation of membarahip of -Sarpanch in the Samiti
6B. Vote of no mddence apinst Chairman and Vice-Chairman of Samiti
a. Tern of ofllce of Chairmsn of %miti and of the existing non+fbCial
memhrza.
4&D. Bxknsion of the term of offlcc of elected members
48. Vaancy not to invalidate proceedings
49. Interim period to 'be withid !!u tzm of office
50. Nq embers to receive remuneration
51. Appointment of employees of the .District Board, Local Boqrd, etc., to the
Parishad, Samiti, etc. . . .
52. Chairman, Vice-Chairman and employem . . to be publi.xrvanta .
53. Protection of action taken under the Act
54. N~tic~ of suit or proceeding
54-A. Revision and review
54-B. DeIegation of
55. Limitation ,
56. R-vefy of amounts due to Sarniti
57. Power to make rules
57-A. Powef ta make bye-laws
58. Issue of order and removal of difficult its
58-A. Omitted '
58-B. Transitory provision
SCHEDULE
[Received the assent of the Governor on
the i 5th Febncary 1960, $rsr published in
M extraordinary issue of the Orissa
Gazette, dated the 19th February 196q
WHEREAS it is expedient to provide for thc
establishment of * Panehayat Samitis
in the State of Orissa and for matters connected
therewith or incidental there$ in the manner
hereinafter appearing;
It is hereby enacted by the Legislature of the
State of Orissa in the Tenth Year of the Republic of
India as follows :-
1. (I) This Act may be called the Orissa short titla,
Ipanchayat Samiti '"1 Act, 1959. extant abd
aommonc*
mt.
'[(2) 1: shall extend tn ihe whole of the Statc of
Odssa :
Provided that save as otherwise expressly con-
tained in this Act nothing therein shaU apply to any
local atea with a population of more than twenty
thousand to which the provisions of the Qrjssa
elg Municipal Act, 1950 or to any area to which the provi-
s dm. sions of the Cantongents Act, 1924 have been or - ,
may hereafter be extended.]
I. For Staterntnt of Objects and Reasons, J# Or&sa Gazette.Extmordi~p~,
dated the 12th IXcmk, I958 (No. 611) and for P-rwrr of Selat Cgn-mj(tgr
see ibLf, d,td the 17th Deamkr, 1959 (No. '6fi8).
2. The words "Panchayat Sarniti and" inserted by the On'= zgio
Parishad (Awcndpent) Act, 1961. {Or. Act 24 'of 1961); s2.
-3. Thu & %id Zilla Parishad" omilkd~he Wfsa hchav8t
Sadti snd ZiUa Parishad [S~COKI~ Ammd~~i) Aa, 1967 {Or. Act 1 of 1968).
r2(a).
, ,
. 4. wor& "Zib Parishad* and" on?iWl by ibu? 6.2(6).
5. S~bathetod by tbo 0th Zilta mishad 'dmcndn~cnt) An, IN1
(&.Act%, of I%1), s. 3(f1).
136 THE OIUSSA FANCHAYAT SAMITI ACT, 1959 [Or. Act7
(3) This section and sub-section (2) of section 2
shall come into force at once and the remaining
.sions of this Act shall come into lorn1 in any GZ6i
on.such date as the Government may by notScation
appoint.
(4) Any notification, order, or rule and any
appointment to an office to be issued or made or
any election to be held under this Act may be so
issued, made or- held after the date of passing of this
Act and shall take e5ect on the date of the coming
into force of the 'remainling provisions thereof in
pursuance of a notification referred to in sub-section
(3).
. bactments.
,roPcalcd. 2. (1) With effect from the date appointed irr the.
, . notification under sub-section (3) of section l' - in-
respect of any district the ewctments speaed in
- - - the Schedule so far as they are in force in the State
of Orissa, shall as regards such districts be repealed
, .to the extent mentioned in the third cdlum, of .the
--.-said. Schedule.
(2) The Orissi ~iitrict Boards and, :Local Boqds.
(Control and Management) Act, 1 954, shalt notwith- 8z2a- , .
- . '.sts~adbg anmg contained . therein continue to
.. . .. .rexqain in force in any district till thc date ap@oi&d
:la; accprdance with sub-section (3) of section 1 and
bn.and Wrn such date the prqvisions of the -aforesaid .
.-Act sM- ,stand repealed m .fespect of sui;h district,:
Cri -s\uch repeal, -the provisions of section ,5; of .the'. .. - ... .,
. . Orissa General Clauses .. Act,' . '1937, - shall .apply,. . .I orism of 1937. Aet
-.&bition.s. : ,3. B. . this- . . Act, unless . the ..co~I~ . otherwise -.- - -. . .
.' . . . .,
, . _ ..' ,,. .. - -.. -. . , re&es,- . - .. .... . . .r . ,
. . - .
': -.. . ' . (a) :'Block' me&& the 'Block - fioti'fkd ,. . undg :
. - ..siction 15j.' ...- - .:. ,
,@I -LCD: istr , ict- - B&*. a ~ji~~ia . ~b~d;: : - . , ' :., -
, , . ,Local. Board, U2rion Bhdd or Wniop. .: ' - - *'
. ,. -Committee cqnstituted for the local administratian QX the district or any part
thereof under the Bibar and Orissa Lo~ali~~t~ t :
Self-Governqent Act, 1885, the Madras &
Local Boards' kt, 1920, the Madras hcall. 14 oP:l%-
,.-Bbilrds A& 1320, as ap lied to the
district d Koraput or t g e Sarnbal~~~~~~~
Lo.caJ- Self-Govenunent Act, 1939 ;, - - '6'6'f 1-9.
. .
1. Came into force with frpm 26-1 -1961 Ned Noacation No. 37fr. a'... dated 23-171961, pubLished h. tho ol-i~g Gaqerre, mtraordhry, dam
23~1-1961 (Nu. 83): ., . . . . .
THE ORISSA PANCHAYAT SAMITI Am, 1959 137
c) "Government" means the State Government (.- of Orissa;
.,
'[(el) "Grams" means a &nstituted
Orhsa Act
1 of 1948. under the Orissa Gra-ha Panchayats Act,
1948 ';1
-.
Oriaea AC~ . (d) "Grama parkhayat" mea'fls the Graitii
1s of. 1948, Panchayat constituted under the Odsa:
Grama Panchayats Act, 1948 ;
q(d- 1) "0 fficial" shall have reference to Govern-
ment servants and the word "non-oBdal"
shall be .construed accordingly;
, .
(d-2) "Qidinacy resident, in a,ny area" with d- . '
.': ' ,its 'bamniaiical variations and cojgnate
exgressiorr~ shaU have reference to a persoxi
-whose name finds place in t& electoral
r~ll for fhe iimg being in force prq.ar,edr :
'. under- the'Represevt,atibn df t%e People Ad, . , .
-
. ' 19% in so. ... X5ir as the.. rpU re5tes to, sueh:: ...... -.. . &*;I.
- (e) LPajichayat. . - Siimiti'' hereinafter referred'.'
,to -.as- 'the "S8mitir means the Panchayat '
Samiti w.n~@tu$ed .. 9dr-. s,ec$& ,. 16; :
. .
.'[(P~)'c'Pop~~ation~ol( meQns popuIfitiijn as.'
, .,
. . .......... . , . .. : ascertained in ,$he last- prekding. census;
. -:.
-. :: ..... )-of, ... whjchh- the.. dfelgvgnt. &uxqs. haye been I-- .. .,. , ;.: . -.: . , A . - ' , . ..'. , . . . .phbHshed I<.: :; :: -: :, : :.-:,,. , ,:-:: . , , - ,. ,, . >v . . , %.' . - , . . . ;. : .:. . . ...... , - -. . . , . . . .... ... ... .- . . . ,. - ¶
, . ..,.. . 1' -. . -
. . . :. I
- -- . . ~.. p -; -, ,
;. - -. ... " re~c&ed>~. mep . .pr,q~~t$~. by rules- ... ., ,
,. .' , : :@a$e ... - ;iinder,-'this- . .Act-;
- ,. .- . . -'I , .. -
[Oh A.ct '
Constitution
of Blocks. , 15. '[(I)] The Government shall, by notificatbn,
divide each district into such number of local areas
as they deem fit. Each such area shall be known as
a BIock and be given such name as may be seed
in the said notification.
2[(2) Government may from time to time by
notihation redebit any local area refd to ih
sub-section (I) by-
(i) excluding from. ' such laal area any. -;
or .
(ii) including in sucb local arei any Grama.cOntii
guous thereto, and may alter the &e %den to sn*
local area.
(3) On the issue of a notifiation under sub-
section (2) the duties. apd respops'biilitie foi the,
execution of development works and .,all as- qnd
liabilities in respect of such works thin tbe Gtmm
shall, subject to the rules, if any, made in that
be adjusted and apportioned as betwm the cornbud
$aniitis.i?l such manner as Sfthe Co4&or] my dixest
ahd in the, case .sf any dispute the. decision of Govern-
'ment ,thereon shall be final:
. - Provided that Government may ,while issuing it,
notzcation under sub-section (2), , make such urn*
rary drders or give such tenipow directions as they
consider necessary for the afbresaid - pzllpo*,
(4) Upon the transfer of a Qama from one
Block to another in pursuance of a notifkcation under
sub-section (2) . the. members of -the Samiti ordinarily
residin in such Grama shall, with effect' from, lhe'
date o ! the notification, cease to be members of the
Samiti in which the Grama was represented and
'without prejudice to the provisions of sub-section (3)
of section' 1.6, -me members of t& Sad of the
Block - to :which the Grama is tramfme'd;]
'
. .
1. Re-numbered - by 'Uye qrissa Wa Parishad bbmd&ntj Act,, 1961
(Or. Act 24 of 19611, 3.- 15. -
Z-Inserted by Bid.
3. Substituted by the 6 Panmt US amftid Zma
bcn-t) Act, 1963 (Or. Act'I of 1968). S. 7.
(Seca. 15-A-16)
'[ 15-A. For every Block constituted under S~C-A poiatmeat
tion 15 there shall be a Block Development ~fiozr&&
to be appointed by Government: Officer.
Provided that Government may nominate a
member or employee of any non-official olganisation
engaged within the BIock in development work, with
the consent of such organisation and the Samiti
constituted in respect' df- the Block, to exercise the
powers, , discharge the duties and perfom the
functions of the Block Development Officer and may
in like manner modify or cancel such nomination.
Explatlation-The person so nominated shall
be deemed to be the Block Development Oficer and
an ofbcial member of the Samiti for all purposes of
this Act.1
16. (2) Every Block shall have a Samiti ~on~i~tiag~nstitution
of the following members, 'namely:- of Panehayat LO
'[(a) the Chairman of the Samiti elected insmiti.
accordatce with the provisions of clause
(a) of subsection -(3);]
(b) the Block Development Officer of the
Block to be appointed by the Government;
3[fi) one or more of the employees of
Government to be nominated by
d*-ign~:ion by Government ffbm each of
the departments dealing 'kith Education,
Revenue, Agriculture, Co-oQerative,
Veterinary, . Grarna Panchayat, Forest,
Medical, Health, Works, Welfare and such
ot.her .depa'itments as may be notified by
Govern rnent :
Provided that Govkrnment may in addition to
or in lieu of any of the aforesaid employees nominate
by designation any of the employees of any non-
official organisation engaged in development work
w~thin the Block and persons so nominated shall be
deemed to be official members for the purpoaes of
this Act;]
"4 * * *
(e) Sarpanches' of the Grarna Panchayats
situated within the Block :
--
1. Inserted by the Orissa Zilla Parishad (Amendment) Act, 1961 (Or. Act
24 of 1961), s. $6. -
2. Inserted by the Orim Pawhayat Samiti and Zilla parishad
(Amendmen[) Act, 1965 (Or. Act 1 of 11966), s. 6 (i) (a). This cIause was
prtviousl omitted by Or. Act 24 of 1961. . . 3. -%brtituted by the Orirra Zilla Rdsbad (Amadmat; ~.t, 1961
(Or. Act 24 of 1961), s. 17 (a) (ii).
4. Omitted by the Orisse PAchayat Samili and Zilla Parished (Amendmca))
Act, 1965 (Or. Act X of 19661, s. qi) (6).
140 THE ORISS.~ PANGHAYAT SAMIT! ACT, 1959 [ a. Act 7
(Sc. 16-cott td.)
'(Provided that a Sarpanch suspended from 05ce
under ,~e provisions of the Orism Grama Panchayats
Act, 1964, shall cease to b.e a member of .the Samiti
during the period of his suspension and the. Naib-
Sarpanch or, in his absence, the pewon elected or
nominated under section 21 of the said Act to
exerciae the powers and perform the functions of the
Swrpanch shall be deemed to be a member of the
'~amiti in place of the Sarpanch so suspended.]
- ' Z[ df) Chairman of the Municipalities with a
populatian.not exceeding twenty thousand.
situated .within the Block; and
Cg) Chairman of ecch of the Notified Ai's;:
Council with a population not exceeding
twenty thousand situated within the-
Block j provided that where the Chairman
is not an elected member of such Council.
a non-official member of the Council to
.be nominated by Govmment.]
3[(Z) If the members of a Samiti specified in
sub-aectioa (1) and having the right to vote do not
include a woman or a erson belonging to the
B Scheduled Casks or SC~ ul+ed Tribee, such meibers
shall, at a meeting specially convened for the purpose
by the Collector, eIect* in the prescribed manner the
requisite number of I;eraoae as may be neceaaary for
filling up the eficiency :
Provided that ,the absence of a member of the
Scheduled Castes or a member of the Scheduled
Tribes shall notr .behdeamed7 to be a deficiency, if the. :
population of such Castes or Tribes, as the caae may
be,. is less than five -per centum of the total population
on the baais of tbe latest censua figures of the Block.
Explanation-The apreasions "Scheduled Castes"'
a& ('Scheduled Tribes -'' shall have the same meanin3
as asaigned,to them in the Constitution of India.
(3) (a) The members of all the Grama Panchayata
within the jurisdiction of the Samiti shall, in the
prescribed manner, elect the Chairman of the Samiti
from among persons who are elected as or are eligible
to be elected as members of any such Grama
Pancha yat :
1. Ihserted by the Orissa Pancharat Samiti (Amendmeflt) Ad. 1980
(Or. Act 9 qf 1980r, s. 2, w. e. f. 15th Octoter, 1980.
2. Inserted by the Orissa Zilla Pariihad (Amendmat) Act, I961 (Or. Act
24 of 19611. f. 17 (a) fiv).
3. Subshtuted by the Orjsa Panchnyat Samiti and Zilla Farisha (Amend-
ment) Act, I966 (Or. Act I of 1966), s. 6 (ifi.
(b) The members specified in clause (e) of
sub-section (I) and the members, if any, elected under
sub-section (2) shall, at a meeting convened by the
Collector in that behalf, elect a Vice-chairman from
amailg the~nselves in the prescribed wanner :
Provided that no election under this clause shall
take place prior to holding of election, if any, required
under sub-section (2).
(c) Any person holding office as the Chairman
of a Samiti shall, if he happens to be a mewber of a
Gram Panchayat, cease to be such member and so
long as he continues to be such Chairman, shall not
be eligible to be such mzmbtr.
(4) The fern1 of ofice of the member, if any,
eIccted under sub-section (2) shall be j[five years].
(5) The meetings referred to in subswtion (2)
and clause (b) of sub-section (3) shall be presided
over by the Collector or any other GazeDed Officer
authdrised by him in this behalf.
(6) The Collector shall cause the names of the
non-ogcial mem hers of the Samiti to be published in
the prescribed manner . ,and t,he : members sha1I be
, ,. - deemed to have held office, with, c - effect from . . the . date
. 'of:such pub1icati6n.l : , . , , ,.. ,,., ... , . . . . ,
17. Every Samili shall by tila name of the Block fg$Tpn-
for which rt is constituted be a bcdv corporate andsamitis.
shall have pc~pctual succession and - a .cohmon ?tnI
and subject to any restriction and qualifi~ai~;.i,
imposed by or ,under this or any other enactment
sh312 hake power to acquirr: and hold property both
movable and in1mov;lble and subject 10 any rules
plzscribed, to transi'er any such p140pert,y held by
it, to enter into conrracts and to do all- other things
necessary, proper or expedicilt for the purposes of this
Act may-sue and be sucd in its co~porate name. --
1. Omitted b$ the Orissa Panchayat , Samiti and Zi11g Parishad ?s&mnd
Amc~~dme~~tj Act; I967 (Or. Act 1 Of 1968). S. 8.
2. Omitted by the Orisxi Panchayat Sarniti (Amtndmcot and ~atidntion)
A<!, 1972{0r. Act 19 of 1972) ,s. 2.
3. Substituted by thc Oriw Pnnchaat Samiti (Amendmnt) Act, 1977
(Or. Act 13 of 19771, s. 2.
142 TFE ORISSA PANCHAYAT SAMITI ACT, 1959 [Or. Act 7
(Secs. 18-19)
anduct or 18. (I) The meetings of' the Samiti '[and the
~~~~i~f Standing Committees thereof ] shall be held and
in the prescribed manner.
2[(2) A member of the Sbte Legislature,
3+ r(: + * shall bc
entitled to notice of and shall have a right tr, take
part in the proceedings at every meeting of the Samiti
of the Block any portion of which forms part of the
constituency which such member repres znts, but
shall not have a right to vote at any such meeting: 1
4[Pro~ided that when the member of the State
Legislature becomes a Minister, Minister of State,
Deputy Minister, Speaker, Deputy Speaker, Govern-
ment Chief W hip, 'Deputy Government Chief Whip
or Leader of Opposition, such member may nominate
any person to represent him in the aforesaid proceed-
ings.]
'[(3) The official members of a Samiti and the
non-official members thereof specified in clauses Gf)
and (g) of sub-section (I) of section 16 shaII not have
a right to vote at a meeting of the Samiti, but shall
have a right to take part in the proceedings at such
meeting.]
'[(4) The '[Revenue Divisional Commissioner,
Colle&or And Subdivisional Officer having jurisdiction
and such other officer as the Government may direct]
shall have the right to speak and otherwise take part
in the proceedings at a meeting of any Panchaya~
Samiti or any Standing Commit tee thereof function-
ing within the local limits of his jurisdiction but shall
not be entitled tovote at any such meeting.]
Chairmnn o: '119. (1) The executive authority' of thk 'Samiti
the Samiti to shall vest in the Chairman and it shall be his duty to
be tiye lhe authority. have the resolution of ' the Ssmiti implemented
through the Executive Officer of the Samiti.
(2) The BIock Development OBcer shall be the
Executive Officer of the Samiti and subject to such
rules as may be prescribed in this behalf, shall' func-
tion under the control of the Chairman of the Samiti.
1. Inserted by the Orissa Zilta Parishad (Amendment) Act, 1961 (Or. Act
24 of 1961), 5. 18 (0.
2. Substituted by ibid., s. 18 (ii).
3. Omitlcd by the. Orissa Panchayat Samiti and Zilla Parishad {Amcnd-
ment) Act, 1965 (Or. Act 1 of 19661, s. 7. (i).
4. Inscrted by tho Odssa Panchnyd Samiti '(Amendment) Acb, 1977 (Or.
Act 13 of 1977), s. 3.
5. Substltured by the Oriaa Pgchayar Samiti and Zilla Parishad
(Amendment) ACC, 1965 (Or. Aci 1 01 19b6), s. 7 lii). -
6. Inserted by !be Oriss? Zih Parisbad (Amendmat) Act, 1960 (or, Act
18 of 19606 s. 6.
'
7. So stituted by tha Oricsa Zilla Parishad (Amcndm:nt) Act. 1961 (Or,
Act 24 0f'I961), S. 18 (iv). , .
8. Substitutsd by lbid., S. 19.
(3) The Executive Officer of the Samiti shall
exercise such other powers and perform such other
functions as may be prescribed.]
' [20. (I) A Samiti shall, subject to such terms Powers a*d lunclionr of and conditions as Government may, from time to Sami(i.
time by order specify, exercise the powers and per-
form the functions hereinafter provided-
(a) planninp, exeoution and supenision of
development programmes, schemes and works
in the Block relating to Community Development
including ttil=w pertaining to "Tribal Development
Blocks" for tiie time being recognised by Govern-
ment as such and of such other programmes, schemes
and works as Government, may, from time to time
by general or special order, . ,, direct in respectbf ariy
Samiti ;
(b) management, control and spread of prid
maw education in the Block,;
(c) management ,of such trusts and endowments
and other institutions as may be entrusted to thern
under any law for the time- being in force or under
orders of Government ;
(4. supervision of enfarcement of laws relating
to vaccination and registration of births and deaths ;
(e) borrowing of money and granting of loans
subject to such terms and conditions as may be
prescribed for carrying out the purposes of this Act
with the previous approval of Government ;
supervisory powers over the Grama -
Pan&ayats within the Block to be exercised in such
manner and to such extent as may be prescribed. ;
and
(g) such other functions as may be assigned to it
by the Government from time to time :
'[Provided that the powers and functions
of the Samiti in relation to primary education as
specified in clause (b) shdl not include the powers
and functions in respect of appointment, removal
and transfer of and in respect of sanction of leave
to the teachers and other members of the staff engaged
in primary education.]
1;
1, Substibted by the Orissa Zilla Parishad (Ameadmont) Act, 1961 (Or- Act 24 of 1961), s. 20.
2. h& by the Orissa mnchayat Samiti and Zia Parkhad (Second Ameadnient) Act, 1967 (01..
Act 1 of 19681. s. 9.
144 Tm O~A PANCHAYAT SAMTI ACT, 1959 [Or. Act 7
(2) The Chairman and every other non-official
member of a Samiti shall, .subject to such restrictions
as may be prescribed, have power to supervise all
works undertaken by the Samiti and all institutions
under the control of the Samiti.
(3) The Samiti may entrust the execution of any
work in any Municipal area or Notified Area within
the Block to the concerned Municipality or Notified
Area Council and may exercise such control and
supervision over such Municipality or Council as
may be necessary for the proper execution thereof.
(4) For the efficient discharge of its 'functions
the Samiti shall. constitute Standing Committees
whose numbers, composition, powers and functions
shall be as may be prescribed :
Provided that the Samiti shall - have power to
co-opt such number of persons from outside as
inay be specsed in rules made in tbat behalf.]
Powen and
hmcti0115 of '[20-A. (I) The Chairman of the Saw shall-
the Chair-
man and (a) convene and conduct the meetings of the
Vice--- Samiti ; and man of
Samiti (6) have power to inspect and supervise all
works undertaken by the Samiti.
(2) The Vice-Chairman of the Sarniti sW exer-
cise such powers and perform such functions of the
Chairman as the charman may, from time to time
delegate to him in writing and the Chairman may
in like manner withdraw all or any of the powers
and , functions so delegated.
(3) Wlien the office of the Chairman is vacant
the Vice-Chairman of the Samiti shall, for all the
purposes of this Act exercise the powers and erform
the fun&ons of the Chairman until a new C rman
is elected.
L
(4) The Chairman and in his absence the Vice-
Chairman shall preside over the meetings. of the
Samiti and in the absence of both. at the meeting
any other non-official member of the Samiti present
may be elegted to reside over the meeting.
1. hmtd by the 0th Wa Parishad (Amendment) Act, 1961
(Or. Aet 24 OZ f9611. S. 21.
of 19601 THE ORISSA PANCHAYAT SAW Am, 1959
(5) When the office of the Chairman is vacant
or the Chairman has been continuously absent from
the Block for more than fifteen days or is incapacitated
for more than Bteen days and there is either a vacancy
in the office of the Vice-Chairman or the Vice-Chaii-
man has been continuously absent from the Block
for more than Uteen days or is incapacitated for
more than - fifteen days, the powers and functions
of the Chairman shall- devolve on a member of
the Samiti from out of a panel of three such members
in order of riority nominated by the Chairman
in that bedwho shall be the officiating Chairman
and shall exercise the powers and perform the fun0
tions of the ~Chairmah, subject t~ such i-estrictions and
conditions as may be ~fescribed, until a Cbairwn
or Vice-Chairman assumed office on baing duly
elected or, as the case may be, taken charge of his
office.)
21. (1) Whenever it appears that it will be for f;;zp;Y
the common good for two or more Samitis under- h, ,,,,,
taking any work jointly the said Samitis may, at samitk
the instance of the '[Gover.runenfl or of their own iointly.
accord subject to the previous sanction of the Govern-
ment, execute such work jointly,
(2) When any such work is taken up jointly
the concerned Samitis shall, with the approval of
the '[Collector] select one person from amongst
their executive authorities, who shall be kept in charge
of the execution of the wcrk.
(3) The 2[Collector] shall, for the purpose of
such execution, determine the amount which shall
be contributed by each of the concerned Samitis.
1. Substituted by the Orissa Panchqat Samiti and Zilla Parishnd (Sanc!
Amendment) Act, 1967 (Or. Act 1 of 19681, s. 10 (a), for "ParIshad".
2 Substituted by ibid, s. 10 (b) for "Parishai3".
3. Omitted by the 0- zU~ Parishad (Amendmcot) Act, 1961 (Or. AC.
24 of 1961), s. 22. 1
4. Omitted by thc Orha Grama Panchayat Act, 1964 (Or. Act 1 of 1965).
8. 153 (21,
146 THE ORXSSA PANGHAYAT SAMI~ ACT, 1959 [Or. Act 7
Budget of
the Samitr. 24. (1) The executive authority of the Samiti,
shall fn each year prepare and place before the
Samiti on or before the prescribed date a budget
estimate for the following year containing such
particuIars ,as may be prescribed and the Samiti shall
sanction the budget with such modifications, if any,
as it thinks fit.
(2) The budget of the Samiti shall, after being so
sanctioned, be submitted on or before the prescribed
date, to the '[Collector 3
Z* * *..
The l[Collector] shall, if [he] is satisfied that -ade--
quate have not been made therein for the
performance of any necessary service coming within
the functions of the Sad, have power to modify
the budget in such manner as may be necessary .to
secure such provisions, and such modification, if
any, shall be made witbin the prescribed period
failing which the budget of the Samiti 'shall become
final.
(3) If in the course of a year, a Samiti, hds
it necessary to alter the figbyes shown in the budget
with regard to its receipts or to the distribution of
the amounts to be expended on the different services
undertaken by it, a supplementary or revised budget
may be framed, sanctioned, submitted and modified
in the maker provided in sub-sections (I) and (2).
Appointment 25. (1) The Samiti, r* * a
and canditinns with the approval of the Government, shall deter-
orserviceof mine the number and grade of the employees to be
the
C~DIOYW of appointed to the services of the Samiti.
thd simiti. (2) The Government may at any time create such
posts for the Samiti as they may consider necessary
for carrying out the purposes of this Act.
(3) The manner of recruitment and the authority
to appoint the employees of the Samitis, their quali-
fications .and conditions of service shaIl be as may
be prescribed.
1. Substitutcd 'by thc Orissa Panchayal Samili and ZiUa Parishad (hnd
Amcndmcnt) Act, 1967 (Or. Act 1 of 19681, s. Il(o) for "Parishad".
2. 0rnirtcb by ibid. s. Il(b).
3. Substiluted by ibid, s. I lea), for "it".
'[25-A. Save as otherwise expressly provided :imitation
in this Act the power, control or authority of the Jurisdiction
'* * * Samiti shall not extend over any Noti- ;lpliz~cih
fied Area Council or Municipal Council no twi th-
standing the fact that any such Council is within the
Block.]
CHAPTER IV
28. (1) AII moneys ,received by a Samiti shall Panchayat
Samiti Fund
constitute a fund called the "Paachayat Samiti Fund".
The Fund shall vest in the Samiti and shall be applied
for the purposes specEed in this Act and for such
other purposes and in such manner as may be pres-
cribed.
¶[(2) The Block Development Officer shall,
subject to the control of the Government, remain
in charge of the Paachayat Samiti Fund and shall
subject to such rules as may -be prescribed administer
the same in ,awordafi&. with .the decisiod of the
Samiti.
(3) All moneys received by the Samiti shall be
lodged in the nearest. Government Treasury or with
the sanction of the Government in any Bank approved
by them.]
1. Lnscrtcd by thc .Orissa ma ~arishad (~mcndAnt) Act, 1961 (Or.
Act 24 of 19611, s. 23.
, .
2. mitied by the Or@a .~mbayat Samiii and Zilla isha had wand
Amendment) Act, 1967 (Or. Act 1 of 1968), s. 3. .
, . , , -,
3. Omitted by:ibid, s. 13.
, . 4. Sections 26 and 27 omittcd by ibid, S. 24.
5. ~ubstiluk by the Orissn ZiUa Parishad (Amc~llinent) Act. 1961 (Or.
Act 24 of 1961), s. 26. , -
148 THE O~SA PANCHAYAT SAMI'X~ ACT, 1959 [ Or. Act 7
Income and
expenditure 29. (1) The sources of income of a Panchayat
nf $he Samiti shall consist of- -- --
Samiti.
(i) funds relating to institutions and schemes
transferred by the Government or Heads of
Departments of the Government to the
Panchayat Sainiti ;
(ii) funds relating to the Community Develop-
ment programme ;
(iii) Central and State aid and aid received
from the All-India Bodies and Institutions
for the development of cottage and village
industries, khadi, silk, coir handicrafts
and the like ;
(iv) dollations and contributions received by
the Samiti from Panchayats, or from the
public in any form ;
(v) such share of the land revenue, State taxes
or fees as may be prescribed ;
(vi) proceeds from taxes, surcharges or fees
which the Samiti is empowered to levy
under this Act or any other law ;
(vii) such contributions as the Samiti may
levy from Grama Panchayats; '*
(viii) income from endowmeits, trusts br other
institutions administered by the Samiti
2[and]
3[ (ix) grants from ally 2uthorities, organisatiocs
or statutory bodiesj.
(2) The expenses of thc Sapziti shall include
the salaries and allowances of its employees, the
travelling expenses incurred by the members of the
Samiti for attending the meetings of the Saniiti. any
item of the expenditure directed by the Goveml; :elit
for carrying out theL.purposes. of. this ,4ctvand such
other expenses as may be necessary fur such purposes.
1. bmillcd by .I.,: arissz Zilh Parkhad (Amendment) Act, 1961 (Or,
Act 24 of 1951). o. 2'; ;c?.
2. Added by Ibg, s. 27 (b). .c- .
3. Inserted by ibid.
(3) AII amounts levied and realised on account
of fees by the Samiti shall be separately accounted
for and utilised solely for the purposes for which
such fees had been respectively hied.
30. The accounts of I* * the Samitih,wE
shall be maintained and published in the prescribedwti.
manner,
Otissa kt '131. (I) The provisions of the Orissa L.acaI~~~f_, lgU Fund Audit Act, 1948 shall apply in regard to thes~tl
audit of the '* * * * Panchayat Funas.
Samiti Funds.
(2) Notwithstanding anything contained in the
aforesaid Act, for the purposes thereof, the .Govern-
ment may, by notification, appoint an oficer of
Government to be the Examiner of Local Accou~ts
and such number of Deputy or Assistant Examiners
of Local Accounts as they may consider nassary
to exercise such powers and discharge such functions
ofthe Examiner as may be assigned to them by Govern-:
ment. The Examiner m, so appointed may, with the ' .
approval of the Government, appoint .such number
of auditors as he may- deem necessary.]
CHAPTER v
32. (Ij On the coming into -force of this Act FU~~ and
in any district all properties and institutions within p IODCI~Y ar a Djstricl
the district that remained .with the District BoarL and nwrd to
the fund belonging to such Board shall vest in and g;:zmcn,.
belong to, and the liabilities .of such Board shy
be, taken over, by the Government. A11 such p! mer-
ties and institutions shall be' under the direcuon,
management and control of the Government :
Provided that all such properties a and inst itu-
tions of a District Board which have been transferred
either wholly or only for management to any Depart-
-
1. Omilted by the Orissa Panchayat Samiti and Zilla Parkhad
Amendment) Ac$ 1967 (Or. Act 1 of 1968). S. 15.
2. Substituted by thc Orissa 2-i Parishad (Amendment) Act; 1961 (Or.
Act 24 of 1961), s. 28.
3. Omitred by the Orka Panchayat Samiti and Zih Pmad (wad
Amendment) Act, 1967 (Or. Act 1 of 19681, S. 26.
I JU Tm ORISSA PANCHAYAT SAM^ ACT, 1959 [Or. Ad 7
ment of Government before the date of copmence-
ment of this Act shall be deemed to have been duly
transferred under the provisions of this Act and to
have wholly vested in the Government.
(2) It shall be lawful for the Government from
the to time to direct t-hat any property or institu-
tion belonging to or under their control and subject
$0 such exce tions and conditions as the. Govern-
ment may ma g e or impose, be placed under the control
and management of the l* r(r . * Samiti
within whose ' [jurisdiction] such property or imtitu-
tion is situated.
'E (3) The
4* * * Samiti may, with
the previous approvai of the Government and
subject to such terms and conditions as the Govern-
ment may impose, place any property belonging
to or under the control of such '* * ' *
Samiti, under the control and management 6[of any
Gram Panchayat] having jurisdiction] '
~ecover~ of 33. (1) AU sums due to the District Board
~s~t on account of rates, taxes, fees and other levies
-t0f*a. imposed by it including the anears thereof and &
other sums otherwise due to the Board on the date of
repeal of the enactments specified in the Schedule
may be recovered by the Government as though such
sums were dues of Government.
(2) The dues . speczed above shall, without
prejudice to any other mode of recovery, be recoverable
as arrears' of land revenue.
1. The words ''Parkhad or" omitted by the Or& Panchayet Samiti
and Wla Parishad (S#x,nd hendment) Act, 190 (Or. Act 1 01 1968). s. 3.
2. Substituted by tho Orissa Zib Prvishad (Amendment) Act, 1961 (Or.
.kt 24 of f961), s. 29 la).
3. Added by ]bid, s. 29(bI.
4. Omitted by the Orissa Panehayat &miti and Zilln Parishad (Second
Ammdment) Act, 1967 (Or. Act I of f968), s. 3.
5. The words "Parishad or" omitted by ibid.
6. Substihtcd by *id, s. 17 for "rcspatively of my Samiti or G-a
pchayat".
CHAPTER VI
l[34. It shall be the duty of the Government 01~2~~~~~
such officers or authorities as they 111ay authorise to tending officers of* see that the proceedings of the Samitis are in lamiti.
conformity with the provisions oft h is Act and the rules
made thereunder and that the implementation of the
decisions taken therein and all actions taken by the
Samitis for carrying out the provisions of this Act and
the rules made thereunder are free from fraud,
misappropriation, embezzlement and other criminal
bearings.]
35. The Collector of the district or any officer or Powcr of
cntry of person whom the Government may empower in this inspectbB
behalf mav at all times enter on and inspect or causeomccr~.
to be entered on and inspected- i
(a) any immovable property, or any work in
progess, under the control of any
l* I * Samiti;
(b) any school, hospital, dispensary, vaccination
station, choultry, d harmasalas or other
institution8 maintained by, or under the
control of, any '* * *
Samiti and any records, registera or ot.her
documents kept in such institution; and
tc) the office of any ?* * *
Samiti and any recoxds, registers or other
documents kept therein.
36. SLI-bject to such rules as may be made in that A~~c~~ of
behalf 3[the Sawiti] and its Chairman and employees$~:$
shall at all reasonable times be bound to afford *samiti
to the officers and persons referred to inPrOprw.
1. Substituted by the Orissa Panchayat Samiti (Amendment md~afidation)
Act, 1912 (Or. Act 19 of 1972), s. 3.
2. The word* "PariJbad or" and "Pa fishad and'' omilt-d by the Orissa
Panchayat Samit~ and Zllla Parishad.(Sccond Amendmcnl) Act. 1967 (or. ~ct
1 of 1968),$, 3.
3. ~llb&ituted by ibid.,s. 19, for MI^ Paristad or Samili a rhc caw.
may be".
THE ORISSA PANCHAYAT SAMITI ACT, 1959 [Or. Act
( Secs. 37-38 )
sections 34 and 35 such access to the property or
premises of tbe '* * * Samiti and to a11
documents as may in the opinion of such officers or
persons be necessary to enable them to discharge their
duties under the said sections.
Power to 37. The Collector of the district or any officer or
call for person whom the Government may empower in this repor l from *s-it i. behalf may -
(a) callfor.. any record, register, or other
document in the possession or under the
control of any 10 * Samitj ;
(b) require any
I * * Samiti '[or its
Chair~uan] to furnish any return, plan
estirna te, statement, account or statistics;
' (c) require any '* * Samiti z[or its
Chairman] to furnish any information or
report on any matter connected witb
such " " Satuiti; and
(d) record in writing for the consideration of
a nY
10 * Samiti 2[or its Chairman]
any observations the Collector or such
Officer may think proper in regard to its
proceedings or duties.
Power to >[38. (1) The Government may, by order in
'Uspeod canoe1 resolu- Or writing, cancel any resolution or order passed by a 4*
tion under * , Samiti of' by any of the authorities
"of such Samiti], if in their opinion such resolution or
order-
(a) is not legally passed ; or
(b) is in excess or abuse of the powers con-
ferred by or under this Act ; or
(c) on its execution is likely to cause dangers
to human life, health or safety or is likely
to lead to a riot or affray:
6[Provided that nothing in this sub-section shall
apply to a resoiution passed under section 46- B.]
--- ---
1. Thc words "Parifhad or" omitted by the Orissa Panchayat Snmiti and
Zilla Parishad (Second Arncndment) Act, 1967 (Or. Act I of 19681, s. 3.
2. Substituted by ibid., s. 20 for "or their Chairman".
3. Subsliiukd by the Orissa 2 illa Parishad (Amendment) Acl. 1961
(Or. Act 24 of 19b1), 3. 30.
4. The words "Farishad or" omitted by rhc Orissa Panchayat Samiti and
Zilla Parishad (Second Ammdment) Act, 1967 (Or. Acl 1 of 19681, s. 3.
5. Substituted by ibid,s. 21 (a) for "of !he said bodies",
Q?. lnsertcd by the Orissa pancbaya! Samiti (Arnmdmcnt) Act, 1977 {or.
Act 13 of ?9?7), s. 4.
(2) The Government shall, before taking action
undet sub-section (I) give the '[Samiti] an opportunity
for explanation.
2[(3) If in the opinion of the Collector immediate
action is necessary to suspend any such resolution
or order on any of the aforesaid grounds, he may,
by order in writing, suspend the operation of the
resolution or order and refer the matter to Govern-
ment whose decision thcreon shall be final: 1
Proyividcd that where '[the CollectorI makes
an order on any ,of the grounds referred to in
clauses (a) and (b) of sub-section (I), he shall also
record his reasons therefor in the said order.] ..
39. (I) In cases of the Collector of the BlrnorS-
district may -subject to the approval of the Govern- nary powers of Collector
ment direct, or provide for the execution of any work, of ih~
or the doing of any act which a Samiti or its Chair- diS1rict.
man is empowered to execute or do, and the immediate
execution or doing of. which is in his opinion necessary
for the implemebtatioo of developmental plans or
safety of the public and may direct that the expense
of executing such work or doing such act shall be
paid out of the fund of the Samiti.
(2) If the expense is not so paid he may make
an order directing the person having the custody of
the Fund to pay it in priority tb my other charge
against such Fund. Such person shall, so far .as the
funds to the credit of the Samiti admit, be bound
to comply with such order.
40. (1) If at any time it appears to the Govern- GOV~.
ment that a '*** Sam* or its Chairman has made~~~e~~t
default in performing any duty imposed by Oraction in
under this Act or any other law for the timc bcing derault a*
Sdli or its in force they may, by order in writing, k a period Chairman.
for the performance of such duty.
1. Substituted by the Orissa Panchayat Samiti and ZiUa Parishad (Second
Amendment} Act, 1967 (Or. Act 1 of 1968). s. 21 (b), for "Parishad
or Sahiti, as the ye may be".
2. Substihrted tiy ibid, 5.21 (el.
3. Substituted by bid, s. 21 (d).
4. The wora "Parism or" dr~~iltcd by ibid, s.3
154 THE ORISSA PANCHAYAT SAMITI ACT, 1959 [Or. Act 7
(2) If such duty is not performed within the
period so hed, the Government may appoint somo
person to perform it, and may direct that the expense
of performing it shall be paid from the fund within
such time as they may fix, to such person by the
4" * Samiti 3* *].
(3) If expenses which the Government have
directed under sub-section (2), to be paid from the
Fundarenot so paid the Collector of the district
with the previous sanction of the Government, may
make an order directing the person having the
c~stody of the Fund to pay it in priority to any other
charge against such Fund.
(4) Such person shall so fa; as the Fund to the
credit of the '* * ~amiti j* *] admit, be
bound to comply with such order.
RmKlval of Chairman "[&A. (I) If in the opinion of the Government
ana Vice- the Chairman or Vice-Chairman of the 2*** Samiti of
My wilfully omits or rehses to carry out or violates the
provisions of this Act or any rules, by-laws or
orders, made or issued thereunder or abuses the
1. Substituted by the Orb Zilla Pariahad (Amtndmtnt) Act, 1961
(Or. Act 24 of 19611, s. 3 I (6).
2. Th8 words "Parishad or" omitted by the Orisss Panehayat Samiti
and Zilla Pariled (Second Amendment) Act, 1967 {Or. Act I of 19681,
a. 3. r:
3. Tb words "as the case may be" omltted by Ibld., 3% 22.
4. Inserted by the Orissa Zib Parish& [Amendment) Act, 1961 (Or.
Ad 24 Excerpt shown. Open the full act in Lexace.