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Section 102

The Orissa Anchal Sasan Act, 1955State Act of Odisha · Act 4 of 1956

(1) The State Government may, subject to the prior consultation with the Anchal Sasans, establish institutions or grant recognition to institutions established in any Anchal for training of different classes of employees that are or may be appointedin the said Anchal Sasans and may by notification fix the course of training for such employees.

(2) Where a majority of Anchal Sasans agree to the establishment of an Institution for training of employees of Anchal Sasans the State Government may _ prescribe the — rate of contribution payable by them and such contribution shall be paid by all the Anchal Sasans.

(3) Any Anchal Sasan may enter into an arrangement with the State Government for reservation of seats in any Government institution for 82 the training of its technical staff on such terms and conditions regarding the maintenance of the institution as may be agreed upon and the State Government may thereupon fix such number of seats for the nominees of the said Anchal Sasan as they may deem expedient for any one year.

(4) The State Government may by notification require that every Anchal Sasan shall within a reasonable time depute such of its employees as have not undergone the prescribed course of training to undergo such training.

(5) An Anchal Sasan may grant stipends as may be approved by the State Government to persons resident in the concerned Anchal for training in any institution established or recognised under the provisions of sub-section (1).

eee 103. (1) Notwithstanding anything contained local, | in the foregoing provisions of this Chapter but subject authority, to the provisions of section 83, where by constitution ot. =~ of an Anchal Sasan or Anchal Sasans, any District Board, Local Board or an Anchal constituted under the Orissa Estates Abolition Act, 1951, is abolished Oriss whether in whole or in part, the State Government st may direct that duly qualified and suitable staff of such District Board, Local Board or Anchal shall be absorbed in Anchal service other than Anchal Cadre Service in the Anchal Sasan or Sasans so . constituted subject to such conditions as the State Government may prescribe in respect of the following matters :-—

(a) the posts or classes and grades of posts of the Anchal Sasan azainst which the individuai officer or employee or classes and grades of employees shall be absorbed ;

(b) credit for previous service under the defunct District Board, Local Board or Anchal in the matter of pension and gratuity and the contribution that shall be made from the District Board Fund or the Anchal Fund constituted under the Orissa Estates Abolition Act, 195i to the Centralised Pension orOrise Provident Fund applicable to the employees under“!

the Anchal towards the pension or Provident Fund of the absorbed employee :

Provided that if the employee was not entitled to any pension or gratuity under the District Board Fund or the Anchal Fund and no contribution has been assessed on the District Board Fund or the said oF ” Anaual estimetes of income and ex.

penditure.

83 Anchal Fund the State Government may not give any credit for the previous service in the matter of pension or gratuity in the Anchal Sasan.

(c) fixing of seniority as between the absorbed employees and the other employees of the Anchal Sasan at the time of absorption; and

(d) credit if any, for leave earned during the service in the defunct District Board or Anchal and the contribution to be made from the District Board Fundor the said Anchal Fund tothe Anchal Fund towards the leave salary for such leave credited.

(2) Notwithstanding anything in sub-section (1) in the case of permanent employees of such District Boards or Local Boards, it shall be the duty of the State Government to direct their absorption in suitable posts and the evnditions of service of such employees shal} not be less advantageous than what they were prior to such absorption.

{3) Any employee of the State Government, who may be decided by them to be fit and desirable, may be absorbed in the Anch:] Service other than the Auchal Cadre Service and in such cases the foregoing provisionsof this section and the rules madethereunder, with such modifications and adaptations as the State Government may deem nevesrary or consequential shall, co far as may be, apply and the employee so absorbed shall cease to be an employee of the State Government.

CHAPTER VII Bupext 404 (1) Subject to the provisions of this Chapter the Anchal Sabha shall in respect of every year submit the Budget Estimates for that year duly passed at a meeting to the Collector on or before the 15th day of July of the last preceding year.

(2) If the Anchal Sabhafails tc submit a. duly passed Budget by the date specified in sub-section (1), the Collector shall, subject to the contro! of the State Government, prepare and sanction the Budget Estimates himself and certify the same to the Anchal Sabha before the first day of September next and the Estimates go certified shall be the Budget Estimates of the Anchal Sabha for all purposes for the year.

of the 84 105, (1) Ifin the opinion of the Collector, the Budget by Estimates for the year submitted under sub-secthe Gollester.tion (1) of section 104 are not in accordance with the Appeal against tho order of tho Collector Revised:

daet Retimates.

provisions of section 108, the Collector shall, on or before the 31st day of August of the year last preceding the year to which the Budget relates, return the same to the Anchal Sabha and the Sabha shall resubmit the same to the Collector within 30 days from the said date with such alterations as may have been ordered by him.

(2) If the Collector does not return the Estimates to the Sabha for making alterations if any by the aforesaid date, the Estimates submitted under sub-section (1) of section 104 shall be deemed to all intents and purposes to be the Budget Estimates for the year.

(3) Ifthe Anchal Sabha fails to resubmit the estimates in pursuance of sub-section (1), the estimates submitted under sub-section (1) of section 104 shall, subject to the alterations, if any, ordered by the Collector, be deemed to all intents and purposes to be the Budget Estimates for the year.

106. The Anchal Sasan may prefer an appeal to the State Government against the order of the Collector under section 105 within such time and in such form and manner as may be prescribed and the State Government nay thereupon consider the same and pass such orders as they may deem fit and subject to the orders that may be passed by the State Government, the decision of the Collector under the said section shall continue to have full force and effect.

107, (1) The revised budget estimates of the Anchal Sasan shall be prepared by the Anchal Sabha and submitted to the Collector as often during the course of the year to which the budget relates, and in such form and manner as may be specified in the rules made by the State Government in that behalf and subject to the rules so made the foregonig provisions >f this Chapter shall, so far as may be, apply.

(2) Save as otherwise expressly provided in this Act or the rules made thereunder, no expenditure in excess of the annual budget estimate shall be incurred by-the Anchal Sasan unless such excess has been adequately provided for in a revised estimate in accordance with the provisions of sub-section (1).

85 * Particulars 108. (1) The budget estimates shall contain such incladed in particulars as may be prescribed.

she budget.

(2) In such estimates the Anchal Sabha shall among other things—

(a) provide for the payments as they fall due of ali instalments of principal and interest for which the Anchal Sasan may be liable in respect of loans contracted by it ;

(b) make adequate and suitable provisions for such services as may be required for the discharge of the several duties imposed by or under this Act ;

| {c) provide for the minimum closing balance as provided in clause (a) of section 109;

(@) make adequate provision: for meeting expenses charged to the Anchal Fund or compulsorily payable out of such Fund under the provisions of this Act and the rules made thereunder;

(e) provide for the payment of suitable contri- 4 bution to the Education Fund ;

(f) provide for the minimum expenditure on the items specified in clause (b) of section 109; and

(g) make adequate provision for the expenditure of any grant given by the State Government for any specific purposes, in this behalf.

Minimum 109. The State Government may with reference.

balanes, oe. to any Anchal Sasan prescribe—

(a) the minimum closing balance to be main.

tained by the Anchal Sasan ;

(2) the minimum expenditure to be incurred by the Anchal Sasan on public works, medical, veterinary and public health; and

(c) the statements, accounts and returns to be ) submitted by it to the State Government.

adi 110. Any expenditure inourred by the Anchaldit ekeExecutive Officer in accordance with the provisions chased. of this Act and the rules made thereunder shall be charged on the Anchal Fund.

. Raising of 111, It shall be lawful for an Anchal Sasan, Lome. subject to the provisions of any law relating to raising oj loan by Local authorities for the time being in force and with the prior approval of the State Government,to raise loans for the purpose of carrying 86 out any ofthe provisions of this Act and to guarantee tepaymentofprincipal and payment of interest on such loans and to form a sinking Fund.

Andit ofodieof 142. (1) Accounts of the receipt and the expendi- | * ture of every Anct.al Sasan shall be made up to the last date of every financial year and shall be examined and ‘audited as soon as may be after the end of each financial year.

(2) The provisions of the Orissa Local Fund Audit Act, 1948 shall apply in regard to the audit of QriseaAct the Funds under the control and management of the ¥ % 1% Anchal Sasan or any of the Committees constituted under this Act :

Provided that the State Government may for sufficient reason condone any surcharge made under the Orissa Local Fund Audit Act, 1948, GrazeAct Publication 113, An abstract of every annual account of anof abstract Anchal Sasan showing the incomeof the Anchal Fund under each head of receipts, the charges for ostablishment, works undertaken, sums expended on each work and thebalance, if any, of the Fund Temaining unspent shail be prepared by the Anchal Sasan and published annuaily in the prescribed manner,

CHAPTER VIII Lan Revenvn, Rents, Cussus anp Fans Formation 114, (1) Notwithstanding anything contained ineeeeminie ony law relating to land tenure for the time beingUnits in force all estates vested in the State Government,fentat""® under section 3 of the Orissa Estates Abolition Act,sbolished. 1951, may, from time to time in accordance with otto!directions issued by the State Government, be sub- ° divided or amalgamated with one another or with other areas for the purpose of constituting suitable Anchals under the provisions of section 4.

(2) Save as otherwise expressly provided in thisChapter nothing in this section shall in any manner alter, prejudice or affect the tights, privileges and remedies acquired or accrued prior to the date of such subdivision or amalgamation.

Right of 115, On the issue of a notificaion under section 4Sacha declaring an area to be an Anchal, the right tocollect rent collect and appropriate all land revenue, rentsand ceo “and ceases payable in relation to the lande within ro 87 . the Anchal to the State Government or to the Anchal Fund under the Orissa Estates Abolition — Act, 1951, or to any Local authority shall vest in PreeAse ;

Jv : the Anchal Sasan.

E«planation—Cess includes education cess, but.

does not include cess under the Orissa Mining Areas Orissa Act Development Fund Act, 1952, XxVin Cofovtions 116. (1) Tho State Government may, from time“* credited to to time, by order direct that certain proportions of Sensolidated land revenue, rents and cesses collected or certain state, "* fixed contributions shall be credited to the Consolidated Fund of the State and the Grama Funds within the Anchal and the Anchal Sasan shall duly credit such proportions of the collections. or such fixed contributions as so directed :

Provided that the proportion of such collections and the amount of such contributions and the date with effect from which the amount shall be so credited shall be determined in the prescribed manner, * (2) Any amount not duly credited in accordance with the aforesaid directions of the State Government shall be a first charge on the Anchal Fund and without prejudice to any other modeof recovery shall be realisable from the Anchal Sasan ad arrears of land revenue.

Repealof 117. On and after the date of notification under SpepterTU section 4 declaring an area to bo an Anchal the Act 1981, provisions contained in Chapter III of the Orissa Estates Abolition Act, 1981 shall stand repealed in Orissa Act their application to any estate or part thereof as may” ° 1952 be included in the Anchal:

| Provided that all actions taken, things done, notifications issued, orders passed, rights accrued andliabilities incurred shall be deemed to have been validly tiken, done, issued, accrued and incurred in exercise of the powers conferred and in discharge of | duties imposed by or under the provisions of this \ Act:

| . Provided further that.on and after the said date the State Government shal] have power by notifiea-+ tion to direct that the whole or any part of the ° Anchal Fund of the Anchal Sagan constituted under| sub-section (1) of section 14 of the Orissa Estates oricsa Act Abolition Act, 1951, the area comprised within If 1952.

which is affected by the formation of the Anchal :

Power of Grama Sabha to collect rents oases.

88 under section 4 shall stand transferred to the Consolidated Fund of the State anything in any other law to the contrary notwithstanding.

Where this provision sits

ActThe Orissa Anchal Sasan Act, 1955
Section102
JurisdictionState of Odisha
StatusIn force as published by the source

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