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The Orissa Panchayat Samiti Act, 1959 Keyword(S)

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The Orissa Panchayat Samiti Act, 1959 Keyword(S) 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, DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. ORISSAACT 7 OF 1960 THE ORlSSA PANCHAYAT SAMlTI ACT, 1959 --- CO~TEKTS 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 Enactments repealed 3.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 adfunctions 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~dconditions Of service of thc employees of the Samiti 25-A.Limitation of jurisdiction over Municipalities CHAPTER 1V '' } 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 ~ficcrsto + Samiti property 37. Power to call for reprt from + Sam% 38. Power to suspend or cancel reso~utioaunder 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$uaof cwtion 45-D.Omitted 46. Regignation of Chairman, .Vict-Chairman and members . #-A. .Gssation of membarahip of -Sarpanch in the Samiti 6B. Vote ofno mddence apinst Chairman and Vice-Chairman of Samiti a.Tern of ofllce of Chairmsn of %mitiand of the existing non+fbCial memhrza. 4&D. Bxknsion of the term ofofflcc 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 i5th 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, 1959. extant abd Ipanchayat Samiti '"1 Act, 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 elgMunicipal 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~heWfsa hchav8t Sadti snd ZiUa Parishad [S~COKI~Ammd~~i) Aa, 1967 {Or. Act 1 of 1968). , , r2(a). 4. wor& "Zib Parishad* and" on?iWlby ibu?6.2(6). 5. S~bathetodby tbo 0th Zilta mishad 'dmcndn~cnt) An, IN1 (&.Act%, of I%1), s. 3(f1). 136 THE OIUSSAFANCHAYAT 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 lorn1in 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. 2. (1) With effect from the date appointed irr the. ,roPcalcd. , . 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 ~iitrictBoards and,:Local Boqds. (Control and Management) Act, 1954, shalt notwith- 8z2a-, . - . '.sts~adbganmg 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.andWrn such date the prqvisions of the -aforesaid . .-ActsM- ,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,. .Iorism 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%- ,.-BbilrdsA& 1320, as ap lied to the district d Koraput or tg e Sarnbal~~~~~~~ Lo.caJ-Self-Govenunent Act, 1939 ;, - - '6'6'f1-9. 1. Came into force with frpm 26-1 -1961 Ned Noacation No. 37fr. a'...dated 23-171961, pubLished h.tho ol-i~gGaqerre, mtraordhry, dam 23~1-1961(Nu. 83): ., . THE ORISSAPANCHAYAT SAMITI Am, 1959 137 (.-c) "Government" means the State Government of Orissa; ., '[(el) "Grams" means a &nstituted Orhsa Act under the Orissa Gra-ha Panchayats Act, 1 of 1948. 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) "0fficial" 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- .
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