'[-THE ORlSSA HEREDITARY VILLAGE 0 FFICES ( ABOLITION ) ACT, 19621 .
Received the asse>lr of the Governor on he 3rd May 1962, first published in an extraordinary issue of the Orissa Gazette, dnrrl the 12th May I962 1 AN ACT TO ABOLISH HEREDITARY VILLAGE OFFICES rli THE STATE O F O ~ I S S A ' WHEREAS it is expedient in the public interest to abolish hereditary village offices and the emoluments apperhia- .ing thereto in the State of Orissa ;
I t is hereby enacted by the Legislature of the State of Orissa in the Thirteenth Year of the Republic of of India as follows :- .
short title, 1. ( I ) T h i s Act may be called the Orissa Hereditary and Village Ofices (Abolition) Act, 1962. cornmacement.
(2) It extends to the whole of the State of Odssa.
(3) It shall come into force2 on such date as the State Government may, by notifmtion, appoint in that behalf.
Ddnitions 2.. In this Act, unless the context otherwise requires-
(a) "appointed date" means the date appointed un&r sub-section (3) of section f ;
(b) "eniol~~ents" means. money salaries and all other kinds of paymcnt or aUowance by way of remuneration granted ox continued in resyed of, or annexed to, any . hereditary village office ;
(c) "hereditary village office" means aay ' office in ,the distrtct of Ganjam known as village accountant, bead of village or village
1. Fw the Shtemcnt of Objdct~ and RtaSoris, See Or&a Gazef~e extraordinary, dated the 9th April 1962.
2. Came into fo~oret with e&t fiom the 1st February !963 vide N o t i h .
tion No. 639% R.-2l016~-R.. dated tho 29th January 1963 published in Orbfa Garctlc :Extraordinaky dated thc 29th Jauuary 1963, (NO. 68).
Tm ORISSA H~REDLTARY VILLAGE [ Or, Act watchman under the Madras Pr aprietary EstatesY,Village Service Act, 1894 or. any Madras ~ c t office in the,said district known as village of lS9'.
munsif, kamam, vetti or talayari under the MadrasAcl - Madras Hereditary Village Offices Act, 3 89s.
1895 ;
(d) "holder of a hereditary village office" means a pexson holding. a hereditary village office permanently or officiating in a permanent vacancy after a selection in accordance with the procedure in force immediately before the appointed date ;
(e) "Prescribed" means prescribed by rd4q made under this Act.
hbolilh of 3. Notwit,hstanding -anything h any law oq in btditPry v~lage any decree or order of court, with effect from a d op - ;w$&dth the appointed date-- tilersol.
( I ) all hereditary d a g e offices shall be deemed to ' have been abolished ;
(2) all incidents (includhg the right to hold o%ce and to receive emoluments attached thereto, the right, if hy, to customary fees or perquisites in money or in kind and the liab~lity to render service) appertainin to have been extinguished;
5 t l~e saidA village offices shall be deme to Powcr at Collector to '4.' (1) If any question arises as to whether a a k a e wh t- person was, immediately before the appointed datc, the: a the holder of a hereditmy villa e offia, the Collector was tbc hol- shall, after giving tho parties a%qted ah opportunity hemditaa to be h e ~ d and after holding an e n q w , d&de the . .
Sp$%= question.
therefrom*
(2) ' Any person aggtievcd by the decision of the Collector under sub-saction (1) may, within s k t y days of such decision, prefer an appeal -to the Board of ~evhnue, and the dedision of the Board of Revenue such appeal shall be hd.
12 of, f962 ] OEFICB ( ~ O L I T I O N ) Am, 1962 . 459 , ( Sets. 5-6 ) Rabf to holders of 5. The. hdlders of hereditary village offices shall, mqb0won the abolition of the offies under section 3 , be ~Wlished eitherunder the - A;. - ti) appointed in syitable posts under Ihe State Government in accordance with such rules as may be' prescribed ; or ( i i ) pad by way of solatium a gratuity equivalent to three times - the monthly emoluments together with three-fourths of - such emoluments for each compkted year of S ~ N ~ W .
Submission 6. (1) It shall be the duty .of every holder of a ofre&ds - hereditary village officeetc, and orrnrcqUCCc6.
afnousub .
missioa. (u) to deliver all records niahtained by bim in the capacity of such holder' ; and
(b) to settle dI accoun'ts appertaiping t o h i s office,
(2) Any person who fails to maply .biitb the provisions of any of the clauses of sub-section ( I ) within tbirky days from the appointed date or such futher period as the CoUecto~ may allow, shall bc punishable on conviction kith fine which may extend to two hundred rupees andjin the case of a continuing failure with an additio-nal fine which may extend to twentymfive rupees f o ~ every day during which such failure continues after the coavidion for the k s t , S U G ~ failure.
(3) Without prejudice to the provisions af subsection (2) any f d u e as specsed therein shalI, on an order spe&cally made in that behaIf by the Collector, debar the hdlder of such office from claiming any right to any of the . benefits . under section 5 :
Provided that no such order shall be made wirhout giving the person affaed a reasonable opportunity of boing heard.
(4) The Collector may for the purpose of recovering the records specified in clause (a) of sub-section (1) issue a search warrant and exercise .all such powers with respect tGereto as may be lawfully exercised by a Magistrate under Chapter V I I of the Code of Criminal iss Procedure, 1898, Power to take evidenct 7.' The Collector and the Board of Revenue shall, onol ta , .c t~ for the purposes of this Act, have the same powers as are vested in a court under the Code of Civil 5 of IPCP Procedure, 1908, when trying a suit , in respect of the following matters, namely :- (a] summoning and enforcing the attendance of witnesses and examining them on oath ;
(b) requiring the discovery and of docurrients ;.
(c) receiving evidence on &davit ; and
(d) such~othermattersasma~bepr~scribed. , h uiricd m#pred- -8. All enquiries and proceedings before the ings to be Collector or the Board of Revewe under this Act, judici* p-m. s h d be deemed to be judicial .pr~mediiiSs witbin the meaning of sections 193, 219 and 22'8 of the Indian 4s orlaac- . Penal Code.
Power te makc mlu., 9. (1) The State Govermtnt may make- ruks to carry out the purposes of this Act.
(2)' In particular and withmt prejudice to the gknerality of the foxegoi'rig' power, such rules may p~ovid'e for-
(a) tlie procedure to be followed- by the: Collectof ..
in determining questions as to whether a person was t%e holder of a hereditary .village office or not ; .
lb) the prooedke rkiating ro appeals beforr the Board of Revenue ;
(c) the qualifications ' and 'other conditions. for appointment of -holders' of hereditw village offices in suitable posts under the , State Guvernment ;
(d) the form of application for tde grant d gratuity under 'section 5, the .time within which and fhe. authoriv to %hich such - - .applications shall be a a d e and appeal ,,' from orders. on such applications ;
For tura = ~ati6dation No. 6396-RerrN/62-R, dakd the 29th jw*ty 1963 p w h c d 'in OrWu Gatrtk,' a h i d k , &f&d 2% Jii&m
1963. N o . 69).
(e) any other matter which has .to be, or may be prescrikd under this Act..
(3) All rules made under this section shall he laid before the Legislati-ve Assembly as soon as possible after they are made for a total period of fourteen qays w l k h may be comprised in one or more sessions and shall be subject to such modifications as the Asszmbly may make during the said period.
~ o p ~ a l . 10. With effect from the appointed date the enactmelits .specified in. the Sched uIe shall, in so far as they relate to any hereditary village office or to the holders thereof, stand repealed. ' PO^ to ~ ~ O V O . 11, If any difEculty arises in giving effect to 'the dmulttts. provisions of. this Act, the State Government. may, by order, make such provision or give such directions not . . inconsistent with the provisions of this Act as may .
appear to them to be. necessary or expedient. for the removaI of the difficulty, azid-the order of the State . Government, in such cases, shall be final.
. . . - . - . (See section 10) - ' Number and year Short title- -1. Madras'~e&lation XI of. 1816. The Madras Village-Police ~egulation, IS f6 2: Madras 'Regalation of 1821 The madras Vil1age.-Police Regulatio~. 1821.
3. Madras Act 2 of 1894 * The Madras Proprietary Estates' Village I: . Setvice Act, i894.
4. Madras Act 3 of 1895 , . The Madras ~ e d t a r y Villages Oftlces Act., 1895.