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EXTRACTS FROM THE ORISSA ZILLA PARISHAD ACT, 1991*

1. PRELIMINARY
2. CONSTITUTION OF ZILLA PARISHADS AND THEIR FUNCTION
3. ZILLA PARISHAD FUND
4. CONTROL
5. ELECTION DISPUTES
6. MISCELLANEOUS

CHAPTER I
PRELIMINARY

 

  1. (f) “Ordinary resident in any area” with all its grammatical variations and cognate expression shall have reference to a person whose name finds place in the Electoral Roll for the time being in force prepared under Representation of People Act, 1950 (43 of 1950) in so far as the roll relates to such area;
  2. (g-1) “Parishad area or area of Parishad” shall mean the territorial area of a district excluding any Municipal areas defined in the Orissa Municipal Act, 1950 and any other area which is specified for the time being to be an industrial township under that Act or to which the provisions of the Cantonments Act, 1924 is extended;
  3. (j-1) “ Scheduled Areas” means the Scheduled areas as referred to in clause (1) of Article 244 of the Constitution.

CHAPTER II
CONSTITUTION OF ZILLA PARISHADS AND THEIR FUNCTION

 

(1) The Government may, by notification, constitute a Parishad for every district

(2) Every Parishad shall, by the name of the district for which it is constituted, be a body corporate having perpetual succession and a common seal and subject to any restriction and qualification imposed by or under this Act or any other enactment shall have the power to acquire and hold property, both movable and immovable, to transfer any such property held by it, to enter into contracts and to do all other things as may be considered necessary, proper or expedient for the purposes of this Act and may sue and be sued in its corporate name.

  1. (1) The Parishad shall consist of the following member, namely :-

Explanation—For the purpose of clause (a), “Constituency” shall mean a Constituency as may be determined under sub-section (3-A) subject to Article 243-C of the Constitution.

Provided that where the population of the Scheduled Castes or, as the case may be, the Scheduled Tribes in a Parishad area is not sufficient for reservation of any seat, one seat for the Scheduled Castes or, as the case may be, one seat for the Scheduled Tribes shall be reserved in that Parishad area :

Provided further that in the Scheduled Areas, not less than one-half of the total number of seats to be filled by such direct election shall be reserved for the Scheduled Tribes; and

Provided that where only two seats are reserved for the Scheduled Castes or, as the case may be, the Scheduled Tribes, one of the two seats shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes;

(b-1) As nearly as may be, but not less than twenty-seven percentum of the total number of seats to be filled up by direct election in every Parishad shall be reserved in favour of backward class of citizens as referred to in clause (6) of Article 243-D of the Constitution in the prescribed manner and shall be allotted by rotation to different Constituencies thereof:

Provided that where, after reservation of the required number of seats for the Scheduled Castes and the Scheduled Tribes in a Parishad, the remaining seats are found to be insufficient for the purpose of reservation in favour of backward class of citizens, as nearly as may be, but not less than twenty-seven percentum of the remaining seats shall be reserved in favour of such citizens in that Parishad;

   (b-2) as nearly as may be but not less than one-half* of the total number of seats reserved under clause (b-1) shall be reserved for women belonging to the backward class of citizens:

Provided that where only two seats are reserved for the backward class of citizens, one of the two seats shall be reserved for women belonging to the backward class of citizens; and

(3-A) The manner in which the Parishad area shall be divided into constituencies for the purpose of clause (a) of sub-section (1) and the seats therein shall be reserved for the purpose of clauses (a), (b), (b-1), (b-2)and

Provided where a Parishad area comprises any Scheduled area in it, the Parishad area shall be divided into constituencies in such manner that the Constituencies comprising the Scheduled Area do not extend beyond the limit of such Scheduled Area.

(3-B) The reservation of seats under clauses (a) and (b) of sub-section

Provided that where such election is contested on political party basis, the candidate contesting such election shall use their respective party symbols.

Explanation—For the purposes of this sub-section-

Provided that such nomination shall not exceed one-tenth of the total members to be elected under clause (a) of sub-section (1).

6-A. (1) The superintendence, direction and control of the preparation of Electoral Rolls for, and the conduct of, all elections to Parishad, shall be vested in the Election Commission.

  1. (1) Every Parishad, unless sooner dissolved under this Act, shall continue for five years from the date appointed from its first meeting referred to in Section 8, and no longer.

Provided that where the remainder of the period for which the dissolved Parishad would have continued is less than six months, it shall not be necessary to hold an election under this sub-section for constituting the Parishad for such period.

  1. (1) The members of the Parishad specified in clause (a) of sub-section (1) of Section 6 shall—

(a) at its first meeting which [ shall be convened within twenty-two days but not before the expiry of seven days from the date of ] publication of the names under sub-section (2) of Section 6 elect in the prescribed manner, a President from among them;

(b) at a subsequent meeting, which shall be specially convened for the purpose within thirty days from the date of the election of the President, elect the Vice-President of the Parishad from among them :

Provided that where the office of the President is not reserved under this Act for women or where a President elected under this Act is not a woman, office of the Vice-President of the Parishad shall be reserved for women.

Provided that in the Scheduled areas, offices of Presidents of all the Parishads shall be reserved for the Scheduled Tribes.

  1. (1) The resolutions of a Parishad shall be given effect to by the President in whom the executive powers of the Parishad shall vest. In cases of emergency, he may take necessary action which shall be subject to the approval of the Parishad at its next meeting.
  1. (1) The Collector of the district shall be the Chief Executive Officer of the Parishad who shall, subject to the provisions of this Act, exercise such powers and perform such functions as may be prescribed.

“(4) The Chief Executive Officer and the Secretary of the Parishad shall attend all meetings thereof and may take part in the discussions therein, but shall not have the right to move for resolution or to vote”.

CHAPTER III
ZILLA PARISHAD FUND

 

CHAPTER IV
CONTROL

 

  1. (1) In cases of emergency the Director may, subject to the approval of the Government, direct or provide for the execution of any work, or the doing of any act which a Parishad or its President is empowered to execute or do, and the immediate execution or doing of which is in his opinion
    necessary for the implementation 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 Parishad.

(2) If the expenses is not so paid, he may make an order directing the person having the custody of the fund to pay it in priority to any other charge against such fund. Such person shall, so far as the funds to the credit of the Parishad admit, be bound to comply with such order.

  1. (1) If at any time, it appears to the Government that a Parishad or its President has made default in performing any duty imposed by or under this Act or any other law for the time being in force, they may, by order in writing, fix a period for the performance of such duty.

(2)   If such duty is not performed within the period so fixed, the Government may appoint some persons 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 Parishad. 

(3)   If expenses which the Government have directed under sub-section (2), to be paid from the Fund, are not so paid, the Director, with previous sanction of the Government, may make an order directing the person having the custody of the Fund to pay it in priority to any other charge against such Fund.

(4) Such person shall, so far as the Fund to the credit of the Parishad admit, be bound to comply with such order.

  1. (1) If, in the opinion of the Government, the President or Vice­President of the Parishad wilfully omits or refuses to carry out or violates the provisions of this Act or any rules, bye-laws or orders, made or issued thereunder or abuses the powers vested in him and the Government are satisfied that further continuance of such person in office would be detrimental to the interest of the Parishad, they may, by order published in the prescribed manner, remove such President or Vice-President from office :

Provided that no such order for removal shall be made without giving the person concerned a reasonable opportunity of being heard.

(2) No person removed from the office of President or Vice-President under this section shall, for a period of four years from the date of removal, be eligible to hold any of the said offices.

  1. (1) Where any proceeding which was initiated under Section 26 against any person holding office as President or Vice-President of a Parishad could not be finalised due to the vacation of the office by the President or Vice-President, as the case may be, by resignation or otherwise and the said person is found to be holding office as President or Vice-President of that Parishad during the term in which he so vacated or during the succeeding term, the State Government may direct revival of the said proceedings whereupon, the said proceedings shall be proceeded with from the stage it had reached by the date of vacation of the office by the President or the Vice-President, as the case may be, and disposed of in accordance with the provisions of the said section.
  1. (1) If in the opinion of the Government, a Parishad is not competent to perform or persistently makes default in performing the duties imposed on it by law or exceeds or abuses its powers they may, by notification published in the prescribed manner, direct that the Parishad be dissolved and immediately reconstituted. The notification shall specify the time within which the Parishad shall be reconstituted :

Provided that for the purpose of completing the elections to a Parishad which has been dissolved, the Government may, from time to time, extend the time fixed by them under this sub-section not exceeding six months in the aggregate for its reconstitution.

 

(2) Before publishing a notification under sub-section (1), the Government shall communicate to the Parishad the grounds on which they propose to do so, fix a reasonable period for the Parishad to show cause against the proposal and consider the explanations and objections, if any, of such Parishad.

  1. (1) If after the fresh election held under Section 28, the Parishad continues to be incompetent to perform or abuse its powers for all or any of the reasons specified in sub-section (1) of the said section the Government may, by notification published in the prescribed manner, supersede it for a
    specified period, not exceeding six months.

The Government may reconstitute the Parishad before the expiry of the period notified under sub-section (1).

CHAPTER V
ELECTION DISPUTES

 

  1. (1) No election of a person either as a member or as the President or Vice-President of a Parishad held under this Act shall be called in question except by an election petition presented before the District Judge having jurisdiction over the place at which the office of the Parishad is situated.

          (2) For the purposes of sub-section (1), the provisions contained in Chapter VI-A (hereinafter referred to in this section to the said Chapter) of the Orissa Panchayat Samiti Act, 1959, shall mutatis mutandis apply except as hereunder provided :-In the said chapter-

(I)the reference to the expressions “Samiti” and “Election Commissioner” wherever they occur, shall be construed as reference to “Parishad” and “District Judge” respectively;

(//) an election petition presented before a District Judge may, either sou motu or on application be transferred to any Additional District Judge;

(///) for sub-section (3) of Section 44-J, the following sub-section shall be substituted, namely :-

          (3) In the event of the District Judge declaring a casual vacancy to have been created, it shall direct the appropriate authority to take steps for filling the vacancy”; and

(/V) for Section 44-Q, the following section shall be substituted, namely :-

“44-Q. Any person aggrieved by an order passed by the District Judge may prefer an appeal before the appropriate court of law exercising civil appelate jurisdiction over the District Judge in prefering such appeal the provisions of the Indian Limitation Act, 1963 shall apply


CHAPTER VI
MISCELLANEOUS

 

  1. (1) A person shall not be eligible to stand for election under Clause

Provided that the disqualification under clause (g) or (i) may be removed by the Government in the prescribed manner :

Provided further that the disqualification under clause (w) shall not apply to a person who has more than two children on the date of commencement of the Orissa Zilla Parishad (Amendment) Act, 1993 or, as the case may be, within a period of one year of such commencement, unless he begets an additional child after the said period of one year.

Explanation-The meeting which are adjourned without transacting any business shall not be reckoned as ordinary meeting of the Parishad; or

33-A. (1) Notwithstanding anything contained in any other law, an elected
member of the Parishad including the President and the Vice-President
thereof shall not hold simultaneously—

  1. (1) Whenever it is alleged that any member of a Parishad is or has become disqualified, or whenever any such member is himself in doubt whether or not he is or has become disqualified, such member or any other member may and the President at the request of the Parishad shall, apply to the District Judge, having jurisdiction over the place where the office of the Parishad is situated, for a decision on the allegation or doubt.
  1. (1) If for any reason whatsoever the electorate fails to return a member in accordance with the provisions of clause (a) of sub-section (1) and sub-section (3) of Section 6, a fresh election shall be held in respect of the vacancy on such date and in such manner as may be prescribed and in
    case the electorate still fails to return a member after such fresh election, the Government shall nominate a person who is otherwise eligible to be elected and the person so nominated shall, subject to the provisions of sub-section (2) of Section 33 be deemed to have been validly and properly

(2) Where the seat of any member is reserved under sub-section (3) of Section 6 for any particular category and the Government fails to nominate under sub-section (1) a person to such seat for non-availability of any eligible person belonging to that category, such seat shall, on recommendation being made to that effect by the Collector, be dereserved by the Government after such enquiry as it may deem fit and shall, thereafter, be filled up by fresh election.

  1. (1) Every elected member including the President and the Vice- President of the Parishad shall, before taking his seat, make at a meeting of the Parishad an oath or affirmation of his allegiance to the Constitution of India in the following form, namely :-

“I,.................................................. having become a member/the President/ the Vice-President of the Parishad swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established that I will faithfully discharge the duty upon which I am about to enter.”

  1. The President, Vice-President or any member of the Parishad may resign his office as such President, Vice-President or member by giving notice in writing to the Parishad, except in a case where the person resigning delivers the notice of resignation personally to the Chief Executive Officer, such officer shall, on receipt of a notice of resignation, obtains confirmation from the person concerned as to its genuineness. A resignation delivered personally or confirmed as aforesaid, shall take effect on and from the date on which the notice was received.
  2. (1) Notwithstanding anything contained in any law for the time being in force, the Chairman of a Samiti shall cease to be the Chairman with effect from the date on which he ceases to be a member of the Parishad by tendering his resignation or otherwise.
  1. (1) Where at a meeting of the Parishad specially convened in that behalf a resolution is passed, supported by a majority of not less than two-thirds of the total members having a right to vote, recording want of confidence in the President or Vice-President of such Parishad, the resolution
    shall forthwith be published by such authority and in such manner as may be prescribed and with effect from the date of such publication, the President or Vice-President, as the case may be, shall be deemed to have vacated office.

(2) In convening a meeting under sub-section (1) and in the conduct of business at such meeting the procedure herein specified shall be following, namely :-

(a) no such meeting shall be convened except on a requisition signed by at least one-third of the members with a right to vote, along with a copy of the resolution proposed to be moved at the meeting;

(b) the requisition shall be addressed to the Revenue Divisional Commissioner;

Provided that no member shall, unless so permitted by the Presiding Officer, have the right to speak more than once and if any member who is called upon does not speak he shall not be entitled, except by the permission of the Presiding Officer, to speak at a later stage of the discussion;

  1. Where a vacancy occurs in the office of an elected member or of the President or Vice-President of a Parishad by reason of death, resignation or otherwise of the person holding such office, the vacancy shall be filled up, so far as may be, in same manner as provided for that office in Section 6 or 8, as the case may be, and the member or the President or Vice-President so elected shall hold office for the remainder of the term of office of the member or, as the case may be, the President or Vice-President in whose place he has been elected.
  2. No act or proceeding of the Parishad shall be invalidated on account of any vacancy in the membership or any defect or irregularity in any such act or proceeding not affecting the merits of the case.
  3. (1) The President, the Vice-President and the employees of the Panshad shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.

(2) The employees of the Parishad shall be governed by the Orissa Government Servants’ Conduct Rules, 1959.

  1. No suit, prosecution or other legal proceeding shall lie against any person in respect of anything done or intended to be done in good faith under this Act or the rules made thereunder.
  2. (1) The Government may, after previous publication, make rules consistent with the provisions of this Act to carry out all or any of the provisions of this Act and prescribe forms for any matter for which they consider that a form should be provided.

(2) In particular and without prejudice to the generality of the foregoing powers such rules may provide for-

  1. (1) Subject to such rules as may be made, a Parishad may, with the approval of the Government make bye-laws for carrying out any of the purposes for which it is constituted.

(2) The Govenment shall have power to make rules regarding the procedure for making bye-laws under this section, the publication thereof and the date on which they shall come into effect.

 

  1. (1) The Government may, from time to time, with a view to ensuring the proper functioning of the Parishads and the proper implementation of the provisions of this Act issue such administrative orders, directions and instructions as they deem fit not inconsistent with the aforesaid provisions and the rules made thereunder for the guidance of the Parishads.

(2) Without prejudice to the provisions of sub-section (1) if any doubt or difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, by order, do anything which appears to them necessary for the purpose of removing the doubt or difficulty :

Provided that no order shall be issued under this sub-section after the expiration of a period of two years from the date of commencement of Section 1 of this Act.