ORISSA ACT 28 OF 1993 *THE ORJSSA PANCHAYATX RAJ FINANCE COM~~ISSION ( MIsCELLA~%OUS PRO VISIONS ) ACT, 1993 [ Received the assent oft he Governor on the 18rh December 1993, first published in a n extraordinary issue of the Orissa Gazefie, d: tcd the 22nd Declmbsr 19931.
AN ACT TO PROVIDE FOR THE COhlPOSIT[ON OF THE FINANCE COMMISSION, THE QUALIFICATIONS REQu'6[TE FOR APPOINTMXNT AS MEMBERS TEEREOF AND TEIB MANNER IN W HIGH 'LEIBY SHALL BE SELECIED AND TO PREGCRIBE'THEIR POWERG.
B B it enacted by the Legislature of the State of Orirsa in the Forty-murth year of the Republic of India as follows:-
CHAPTER I PRELIMINARY short tltle 1. ( I ) This Act may be called the Orissa Panchayati Raj Finance Commission and (MiscelIaneous Provisions) Act, 1993.
wmmtncemcnt.
(2) It shall come into force on sucll date as the State Government may, by notilication, appoint.
Dtfi~itions. 2. In this Act, ~nIess the context othcrwisc requires.-
(a) commission^' means thc Finance Commission constituted by thc Governor - pursuant to clause ( I ) of Art icIe 243-1 of the Constitution;
(b) "Gi amn Panchp yat" mca ns a Grama Panchayat constituted under the Oris= A C ~ , Oriss~ Grama Panchayats Act, 1964; 1 of 1995.
(e) "Mcmbcr" means a member of tbe,Commission and itcludcs the Chairman t hercof;
{d) "Paochayati Raj jnslituiion" means a Grama Pancha yat or a Samiti or a Parishad;
(e) "Parisha d" means a Zilla Parishad constituted under the Orissa Zilla Orissa Parishad Act, 1991;
OP 1991.
( j ) "Prescribed" means prescribed by rules;
(g) "Rulcs" means rules made under this Act;
(h) "Samiti'' means a Panchayat Samiti constituted under the Orissa Paochayati oiim Samiti Act, 1959. 7 of 1960.
COMPOSITION AND POWERS OF COMMISSION INCLUDING REQUlS ITE QUALIFICATIONS AND MANNER OF SELECTION OF MEMBERS Constitution 3, The Commission shall consist of a Chairman and four other members:
of the Com- Provided that thc Governor may imi-ease the number of such'other members, if he misionm considers it so expedient in the interest of tbe Panchyati Raj institutions.
~ ~ ~ ~ i f i ~ ~ \ i ~ ~ 4. Unless- otherwise determined by the Governor as and when circumstances ,ppint- may so require:- ment mud manner of (i) the Chairman of the Commission shall be a person having experience in selection of public alkirs, who shall be selected, except where i t is impraclicabl~ in any situation, from among the members of the Council of Ministers of the munbers. State; and * For the Bill, Ste Orissa Gazetie. extraordinary, dated the 3rd January, 1993 (No. 1443)
(ii) the other members shgl be selected from among the persons who are- Secrclary to thc Commission.
Ptrsonal i nterest to disqual i ly or being a mcmber.
(a) members of the Legislative Assembly of the State ; or ( b ) members ofany All India Serviw or cf State Civil Service ; or (c] expert6 in the field of economics or social-sciences.
5. The Secretary to the Go~ernrnent of Orissa in the Pqnchayati Raj Department shall be the Secretary to the Commission and shall convene the meetings of the Commission in consultat ion with the Chairman thereof.
6. Beiore appointing a person to be a member, the .Governor- ( i ) sbaIl satisfy himself that such person will have no such financial or other interest a6 is likely to affect prejudiciaIly his functions as such member ; and ( i i ) shall also satisfy himself from time to time with respect to cvery member that he does not have any interest as mentioned in clause (i), and any person who is, or whom the Governor propose6 to appoint to be, a member shall, whenever -required by the Governor so to do, furnish to him such information as the Gprnpr considers necessary for the performance by him of his dytip as a member.
Disqualifi- 7. A person shall be disqualified for being appointed or far continuing as a cation for member, if hebeing a cmbcr.
(a) is of unsound mind;
(b) is an undischarged insolvent;
(c) has been convicted of an offence involving moral turpitude: or
(d) has such financia! or other interest a s is IikeIy to affect prejudic~aIl~ his functions as a member.
Term or 8. (1) Every member shall hoId office for a period of five years commencing OECG err. on the date on which the order of the Governor constituting the Commission is mcm b published in the Gazette and shall be eligible for reappointment.
(2) Notwithstanding anything in sub:section (1) a member may, by writing under his'hand addresed to the Governor, resrgn from the office at any time.
(3) The Governor shall remove a person from the ofice of member. if that person-
(a) refuses to act or becomes impable of acting; or
(h) is, without obtaining leave of absence from the Chairman, absent from three cdnsecutive meetings of the Commission; or
(c) has, in the opinion of the Governor, so abused the position sf Chairman or member as to render that person's continuance in office detrimental to the interests of the Panchayati Raj institituons; or
(6) has ceased to have the eligibility qualification as provided . . . in Section ' 4; or
(e) becomes subject to any of $he disqualifications specified in Section 7:
Provided that no person shall be removed under clause (c) until thatperson has been given an opportunity of being heard in the matter.
Powers of 9. (1) The Commission shaI1, in the perfo~ma,nee of their fyqdons, have the Cosmi- all the powcra of a . Civil Court while trying a suit. in resp+i of the fo~towinp ssion. matters, namely:- ' (a) requiring the production of any document, information or data from the Psnchayati Raj institutions;
(b) summoning and enforcing tbe attendance of any authority or official connected with the affairs of the Panchayati Ral institutio.116 ynd requiring them to furnish information on such points or matters as in the opinion of the C.ommission may be useful for, or relevant to, any matter ~ader,consideration of the C.ommissi,op or connecte$ with t !~ @airs of the Pancbayati Raj indithtions.
(2) In the performance of their functions, the Commission shall also have the power6 tol a ) enter into the prc-mises ,of any pmchayati Rai ips titution to inspect ih functioning; and I&) review the day-to-day inmme and expenditure of any such institution and t p exaiine-
(i) the pattern of assistwe required from the Government for such insjitulions:
4ii) the principles ,which shall gov,ern the grant-in-aid from the Government to,(iuch instiiutions; '
(iii) the meas.ure6 directed towar.ds meintaining a sound hancial position of such j,nsfit~tioqs including the p,ower to impose taxes arid fees;
( i ~ ) such other matters as they may consider appropriate for the purpose of Iayjnga sound financial base fo,r 6,ych institutions to enable them to discharge thc,i,r powers 3 q d fuaetions .effeFtively.
FIUIng up vacm. 10. Any casual vacancy in the office of the Chaiman or of a member ,que to cia. death, resignation, removal or otherwise shall be ' filled up by -fie' Governor by fresh appo',ntmcnt in accordance with .this Actofa pcrson thcreto, who shall hold ofim for the unexpired period of the term of the Chairman or the member in whose place he is so appointed- Conditinos or 11, ( I ) The o m ~ e of the Chairmzn and of every 0th- member shall be honorary;
service and salaries a d provided that the Chariman and the other members may be paid such honoma ~ ~ ~ ~ r ~ O' durn as the State Government mhy, by rules, determioc from time to time.
(2) The Chairman and the other members shall be paid travelling al[owapce at such rate as the State Government m2y, by rules, determine from time to time.
Ofiicers and 12. (1) The State Government shall provide the Commission witb such ofices other emplo- and employe& as rnl y be nmessary for the efficient performance of the functions Yees of the of the Commission.
Commission-
(2) The salaric6 and allowan= pay+ to, and the other terms and conditions or service of, the officcrs and employees appointed for the putpose of the Commission shall b; such a6 may be prescribed.
98 Procedure to 13. (1) The Commission shaIl meet as and when necessary a t such time an P be place as tbc Chairman may decide.
by tbc t3mmission.
(2) The Secretary to the Commission 6halI intimate the members the date time and plaw of every meeting of the Commission.
(3) The Commission shall regulate it6 own prccedurc.
Vacancies, 14. No act or proceeding of the Commission shall be invdid on the ground ere. not lo mereIy of the existence of any vaancy or defect in the constitution of the Commission.
1nva1idate proced~ngs of the CPmmlsion.
Power ID 15. ( I ) The State Government may, by notification, make rules for carrying makerules- out the provisions of this Act.
(2)p particuIar and without prejudice to the generality of thc foregoing powers such rules may provide for a11 or any of !he following matters, namely:-
(d) the honorarium that may be paid under thc proviso to sub-section ( I ) of Section 11 to the Chairman and the other members ;
(b) the rate at which travelling alIowance shalI be paid to the Chairman and other members under sub-section (2) of Section 11 :
(c) the salarics and aIlowances payable to, and other terms and condi tion6 of service of, the afficers and employees appointed for the purposc of the Commission under sub-section (2) of Section 12 :
(d) the manner of intimating the date, time and place of meetings of the Commission to lhe members under sub-section (2) of Section 13:
(e) any other matter which is required to be, or may be, prescribed.
Power 10
16. (1) If any dificuIty arries in giving effect to the provisions of this Act, remove difi- the State Government may, by order published in the Gazettee, make provision culties, not inconsistent with thc pr~visions o f this Act as appear to it to be necessary or expedient, or removing the diffieuIty.
(2) Every order made under this section shall, as soon as may be after it is madc, be laid before the State Legislature..
QRJSSA PANCHAYATI QAJ FLYANCE COMMISSION (MlSCELLANEObS PK.*)YIYIONS) AMENDMI?? ACT, 1996 TABLE OF COfiTENTS PR~AMBLE :
SECZIONS :
1. Short title and commencement
2. Amendment of section 1
3. Amendment of section 2
4. Amendment of seclions 3,4 and 5
5. Amendment o[ section 8
6. .Amendment of section 9
7. Amendmept of section 11 ' 8. Amendment of section 13
9. Amendment of section 15 I 0.. Repeal and savings *THE ORlSSA PANCHAYA'II RAJ FINANCE COMMISSION (MISCELLANEOUS PROVISIONS) AMENDMENT ACT, 1996 [Reeivedthe ase::t of the Goverrmr 1111 t l ~ 271!r Decenrber 1996, jrsr pl~bJish~d i~ an ex~ruordinary issue of the Orism Gazette, dared the 301 h December 1996) AN Am TO A ~ ~ N D TRE ORISSA PANCFIAYA~ RAT FINANCE COMMISSIPK [MISCEL~AHEOUS PROVISIONS) Am, 1993 h it enncted by tbc Legislature of tho ~ 1 . ~ 0 of Oriasa in tbe.~orly-rev~nth year of the Republic of lndia as follow.; :- .
) Short title I . (1) fhis 4ct may be called the Orissa Panchayal i R&i Finance Commission a d (Miscellaneous Provisions) Amendment Act', 1996.
mmmem e (2) It shall be deemed to have come into force on rhe 18rh day of October, r 1996.
Amend-t 2. In Seclion 1 of the Orissa Panchayari Raj Fhance omm mission ( k i l a n e o u s ori- Aa of Wion 1. PrhsionG) Act, 1993 (hereinafter referred to as thc principal Act), in sub-section (1),28 of 1993.
the words "Panchayati Raj" shall be omitted.
Amsdmmt 3. In Scc~ion 2 of the ~r inc ipa l Act,- of W o n 2.
(i) after clause (b), the following c1al;se:shall be kserted, namely :- '@-I) "imtituticln" means any Panchayati Raj Institution or a Municipality';
and
(il) after clause (c), the following clause shall be inserted, pamely : - '(c-1) "Municipality" means a Municipality as defined in the Oriaa o r ~ Act Municipal Act, 1950'. 23 of 1950.
b m d m c n t 4. In the Principal Act, for Sections 3,4 and 5, i t e following Sections shall be "4f$p3' substituted. namely :- . , "3. Thc Commission shall consist of a Chairman and four ather members out of whom one shall be appointed as the Member-Secretary: -
Provided that Guvernor may increase the number of such othw members if he considers it so expedient in the ifitcrest of .the Panchayati Raj Institutions and Municipalities.
4. (1) The Chairm?.n of the Cornmi ssion shall be,-
(a) a serving or a retired Judge of the High Court ; or (bl a person of eminence yitb substantial experimce In public affairs ; or !
(c) a serving M retired Oovernment Servant with wide experience in the field of administration ; or
(d)' an eminent economist.
(2) The members other than McmberSccretary of the Commission shall be selected from among the person! who- {J) have special kaowledge in public finance and accounts ; or '
(6) have had wide experience in the field of public fioancc and administration ; or (cl have special knowledge and experience relating to 101x1 self-Governmeat in both urban snd rural areas ; clr
(6) have special knowledge of economics.
'For the Bill, See Orissu Gazerre, Extraordinary, dated the 27tb Novemk, 1996 (NO. 1244)
5. The Member-Secretary of the. Commission 'shell b& apP*inted by the Governor from nmongst oficcrs belonging to the A11 India Scrvice or any State Cadre, who have had at Ieast ten years of service under . the State Government and bavo adrque te knowledg: in public finance. ".
5 , In scclion 8 of the principal Act,- of Seclim 8.
(i) for sub-sect'ons (1) and (2) the Following sub-sections sba11 be substitute d namely:- "(1) Every member including the Chairman of the Commission shall hold officz for such period as may be specified in the notification of the Governor appointing him, but shall be eligible for re-appointment:
Provided that he may, by letter addressed to the Governor, resign his (3 The rnsmbcrs of the Commission sball render, whole time or part-time scrvice to the Commission as the Governor may, in cach case, specifytm; and ( i i ) in clause (c) of sub-section (3, alter the words '(Panchayati Raj Institution", the words ='or Municipali tes" shall be inserted.
- Amendment 6, In section 9 of the principal Act.- of Section 9. .
(i) in sib-section (1) after the words '.Panchay~ti Raj instilutions" wherever they occur, ,the words "and the Municipalitieb" shall be inserted; and ( i i ) in sub-section (21, in clause (a) after the wcrds "Panchayati Raj institution", the words "or a Municipaltty" shall be inserted.
Amendment 7. In the principal Act, Tor section 1 I , the following Section sball be substituted, . . . .of *lion namely:-
11.
"1 1 . There shall bc paid to rncmbers of the Commission including the Chairman and the Member-Secretary such fees or salaries and such allowances as the Stale Government may, by notification, determine.". , ~rnonclrncnt 8. In the principal Act, in sub-section (2) of $&lion 13, far the word "Secretary", of the $ords "Mernbcr-Secretary" shall be substituted.
13.
Amendment 9. In the principal Act, in Section I j. sub-section (2) shall br ohit tcd.
or Sact~on IS.
rtepeal and 10. ( I ) . Thc Orissa Panchayati Raj Finance. Commission (Miscellaneous Provisions) Orlssa a aviogs. Amendment Ordinancc, 1996 is hereby repealed. Ordinan= No. 2 of'
(2) Notwithstanding such repcal, anything done or . any action taken under the Igg6- principal Act as amended by the said Ordinance shall tie dcemcd to bave been done- ' or takcn under tbe principal Act as amended by this Act.
1993OR28.pdf 1996OR14.pdf