EXTRACTS FROM ORISSA ZILLA PARISHAD ACT, 1991
2.(f) " Ordinary resident in any area" with all its grammatical valuations and cognate expression shall have reference to a person whose name finds place in the electoral in so far as the roll relates to such area.
(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;
(j-1) "Schedule Areas" means the Scheduled areas as referred to in clause (1) of Article 244 of the Constitution;
3 (1). The Government may, be notification, constitute a Parishad for every district.
(2)Every Parishad shall, by the name of the district of which it is constituted, be a body corporate having perpetual succession and a common seal and subject to any restrict 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.
6. (1) The Parishad shall consist of the following member, namely :-
(a)One member elected directly on the basis of adult suffrage from every constituency within the ( Parishad area);
(b)Chairman of each Samiti situated within the district;
(c)Every member of the House of the People and of the State Legislative Assembly representing Constituencies which comprise wholly or partly the area of the Parishad;
(d)Members of the Council of states who are registered as electors within the area of the Parishad.
Explanation – For the purpose of clause (a), "Constituency" shall mean a Constituency as may be determined under sub-section(3A) subject to Article 243-Cof the Constitution.
(2)The names of the members of the Parishad shall be published in the Gazette.
(3)(a) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Parishad and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled up by direct election in that Parishad as the population of the Scheduled Castes in that Parishad area or of the Scheduled Tribes in that Parishad area bears to the total population of that area and such seats shall be allotted on rotation to different constituencies in a Parishad:
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
(b)As nearly may be, but not less than one-third of the total number of seats reserved under clause (a) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes:
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 :
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-third 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
(c)As nearly as may be, but not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled up by direct election in every Parishad shall be reserved for women and such seats shall be allotted by rotation to direct constituencies in the Parishad.
(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) and (c) of sub-section (3) shall be as follows: -
(a)The Collector shall divide the Parishad area into constituencies in such a manner that -
(i)every constituency shall, as far as practicable, have a population of forty thousand or party thereof;
(ii)a constituency does not extend beyond the territorial limit of the Block;
(iii)the territorial area of a Grama is not bifurcated; and
(iv)a Constituency is compact with due regard to geographical feature.
Provided where a Parishad area comprises any Schedule 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.
(b)The Constituencies in which the density of population of the Scheduled Castes and the Scheduled Tribes is higher, shall be reserved by the Collector for the Scheduled Castes and the Scheduled Tribes and shall rotate in descending order at every general election.
(c) (i) the constituencies in every district shall bear the names of the respective Blocks and be arranged serially in Oriya alphabetical order;
(ii)the name of every constituency so arranged serially shall include its serial number in the district.
(d)After the names of constituencies are so arranged in Oriya alphabetical order the Collector shall reserve the required number of constituencies for women in the following manner :-
(i)reservation of constituencies for women shall be made for the Scheduled Castes at the first instance and then for the Scheduled Tribes, and in computing one-third of the total number of constituencies, the constituencies reserved for women belonging to the Scheduled Castes and the Scheduled Tribes shall be taken into account;
(ii)out of the constituencies left in the list of Oriya alphabetical order for candidates other than the Scheduled Castes and the Scheduled Tribes, the constituency which appears first and thereafter, every third constituency shall be reserved for women, until the required quota is completed.
(iii)As nearly as maybe, but not less than, one-third of the constituencies reserved for the members of the Scheduled castes and the Scheduled Tribes shall be reserved for women belonging to the Scheduled Castes and the Scheduled Tribes in the manner herein before provided.
(e) The Collector shall prepare a draft statement showing the division of the Parishad area into constituencies and the seats to be reserved therein and shall publish it in his office notice board and in the notice boards of the Sub-Collectors, Tahasildars, Executive Officers of Municipalities and Block Development Officers concerned, in the prescribed manner and for the prescribed period, inviting objections and suggestions from all persons interested within the said period.
(f) The Collector, shall after considering the objections and suggestions so received and making such further enquiry as he may deem fit, cause such alternations as maybe necessary to be made in the draft statement referred to in clause(e) and shall, thereafter, prepare a final statement showing the division of the Parishad area into constituencies and the seats to be reserved therein and submit the same to the Government for approval.
(g)On receipt of the final statement from the Collector under clause (f) the government shall if it is satisfied that the division and reservation shown therein have been made in accordance with the procedure provided herein before, accord its approval and publish the same in the Gazette whereupon, the division of the Parishad area into constituencies and reservation of seats therein shall become final.
(4)(a) The election of members specified in clause (a) of sub-section (1) shall be held in the prescribed manner.
Provided that where such election is contested on political party basis, the candidate contesting such election shall use their respective party symbols.
(b)In the absence of any provision in this Act or the rules, the provisions of the Representation of the People Act, 1950 and Representation of the People Act, 1951 shall mutatis mutandis apply for the purposes of election to Parishads in thef ollowing matters, namely :-
(i) preparation, revision and updating of electoral rolls;
(ii)appointment of Electoral Registration Officers, Presiding Officers and Polling Officers;
(iii)qualifications and disqualifications for registration as voter;
(iv)such other matters which have to be, or may be required to be, dealt with for the purpose of conducting free and fair election.
(c)Unless the Election Commission, by order published in the Gazette directs otherwise so much of the electoral roll of the Assembly Constituency of the time being in force as relates to a Parishad Constituency shall, subject to such revision or updating as may be necessary, be, the electoral roll of the Parishad Constituency for the purpose of election to the Parishad.
Explanation –For the purposes of this sub-section –
(a)"candidates" means candidates duly sponsored by respective political parties;
(b)"party symbol" means the symbol allotted to a particular political party under the Elections Symbols ( Reservation and Allotment) Order, 1968; and
(c)"political party means National Party" or, as the case may be, a State Party within the meaning of paragraph 7 of the Order referred to in clause (b).
(5)All the members of the Parishad including the President and the Vice-President thereof shall have the right to vote in the meetings of the Parishad.
(6)Notwithstanding anything contained in this Section, the government may nominate to a Parishad in the Scheduled Areas persons belonging to such Scheduled Tribes as have no representation in the Parishad:
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.
(2)The conditions of service and tenure of office of the State Election Commissioner constituting the Election Commission shall be such as the Governor may by rule determine under clause(2) of Article 243-K of the Constitution.
(3)The Governor shall, when so requested by the Election Commission, make available to the Election Commission such staff as may be necessary for the discharge of its functions.
7(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.
(2)An election to constitute a Parishad shall be completed-
(a)Before the expiry of its duration specified in sub-section(1), or
(b)Where a Parishad is dissolved before the expiry of its duration before the expiration of a period of six months from the date of its dissolution :
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.
(3)The Parishad constituted upon the dissolution of a Parishad before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Parishad would have continued under sub-section (1) had it not been so dissolved.
8.(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 after 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 Officer of the President is not reserved under this Act for women or where a President elected under this Act is not a women, Office of the Vice-President of the Parishad shall be reserved for women.
(2)Notwithstanding anything to the contrary in sub-section(1)-
(a)offices of the President in the Parishads shall be reserved for the Scheduled Castes and the Scheduled Tribes and the number of offices so reserved for the Scheduled Castes and the Scheduled Tribes shall bear, as nearly as may be the same proportion to the total number of such offices as the population of the Scheduled Castes and the Scheduled Tribes respectively in the State bears to the total population of the State; and,
Provided that in the Scheduled areas, offices of Presidents of all the Parishads shall be reserved for the Scheduled Tribes.
(b)As nearly as may be, but not less than, one-third of the total number of offices of the President in the Parishads shall be reserved for women.
(3)Reservation of offices of Presidents under sub-section(2) for the Scheduled Castes, the Scheduled Tribes and women shall be made by Government by rotation among different Parishads and the reservation so made shall be published in the Gazette.
(4)The procedure provided in sub-section (3-A) of Section 6 relating to reservation of seats in the Parishads for the Scheduled Castes, the Scheduled Tribes and women shall, as far as may be, be applicable for the purposes of reservation of offices of Presidents to be made by the Government under sub-section (3).
18.(1) It shall be the duty of the Finance Commission to review the financial position of Parishads and to make recommendations to the Governor as required under Article 243-I of the Constitution.
(2)The Commission may, for the purpose of maintaining sound financial position of Parishads, make such recommendations including measures needed for improvement of the financial position thereof, as it may deem fit.
(3)The Governor shall cause every such recommendation made by the Financial Commission together with an explanatory Memorandum as to the action taken thereon to be laid before the Legislative Assembly.
33.(1) A person shall not be eligible to stand for election under clause (a) of sub-section (1) of Section 6 if he –
(a)Is not ordinarily residing within the Parishad area; or
(b)is of unsound mind; or
(c)is an applicant to be adjudicated as an insolvent or is an undischarged insolvent; or
(d)is a deaf-mute or is suffering from leprosy or tuberculosis;
(e)is convicted of an election offence under any law for the time being in force; or
(f)is not a citizen of India; or
(g)is convicted of an offence involving moral turpitude; or
(h)holds any office of profit under the State or Central Government or any Local Authority; or
(i)is a teacher in any School recognised under the provisions of the Orissa Education Act, 1969 for the time being in force; or
(j)holds the office of a Minister either in the Central or in the State Government; or
(k)Omitted
(l)has been dismissed from service of the State or Central government or any Local Authority; or
(m)has been in arrears of any ( tax, fee or rate) due by him to any Grama Panchayat for a continuous period of two years; or
(n)Being a member of any Society registered under the Orissa Co-operative Societies Act, 1962 has failed to pay any arrears of any kind accrued due by him to such society for a continuous period of two years or more; or
(o)Is in the habit of encouraging litigation in villages and has been declared to be so on enquiry by the Prescribed authority in the prescribed manner; or
(p)Is interested in a subsisting contract made with, or any work being done for, the Parishad or any Government except as a share-holder other than a Director in a company or except as may be prescribed; or
(q)Is a paid and retained legal practioner on behalf of the Parishad; or
(r)Is disqualified by or under any law for the time being in force for purposes of elections to the Legislature of the State; or
(s)Is disqualified by or under any law made by the Legislature of the State; or
(t)Is less than twenty-one years of age; or
(u)is not able to read and write Oriya; or
(v)has more than one spouse living; or
(w)has more than two children;
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 maybe, within a period of one year of such commencement, unless he begets an additional child after the said period of one year.
(2) an elected member of a Parishad including the President and Vice-President shall cease to be a member if he-
(i) is not ordinarily residing within the district or ceases to so reside or is or becomes, subject to any of the other disqualifications specified in sub-section (1); or
(ii)has been continuously absent from the district for more than six months without prior intimation in writing,-
(a)in the case of a President to the Parishad;
(b)in the case of any other member or Vice-President to the President; or
(iii)has absented himself without permission from three consecuting ordinary meetings of the Parishad on passing a resolution by the Parishad to that effect in the manner herein after specified, namely:-
(a)any member including the President and Vice-President desiring to absent himself from a meeting of the Parishad shall submit his written application to the Parishad through the Chief Executive Officer prior to the date of such meeting;
(b)an application received after the date of the meeting and before the next meeting of the Parishad may be accepted for consideration, if the Parishad is satisfied that there was sufficient reason for which the applicant failed to submit the application in time;
(c)the Chief Executive Officer shall place the application in the immediately following meeting of the Parishad for consideration, and the Parishad may grant or refuse permission;
(d)Where such refusal of permission shall result in absence from three consecutive meetings, the Parishad shall specify in the resolution whether the applicant shall cease to continue as a member, President or Vice-President, as the case may be, of the Parishad;
(e)Any absence without an application required under sub-clause (a) or (b) shall be deemed to be an absence without permission .
Explanation- The meeting which are adjourned without transacting any business shall not be reckoned as or ordinary meeting of the Parishad ; or
(iv)being a legal practitioner, appears or acts as such against the Parishad.
(3) Where a person ceases to be member under clause(e) of sub-section(1), he shall be restored to office for such portion of the term of office as may remain unexpired at the date of such restoration, if the sentence is reversed or quashed on appeal or revision or the offence is pardoned or the disqualification is removed by an order of the Government and any person filling the vacancy in the the interim period shall, on such restoration, vacate the office.
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.
(i)an elected office in any Samiti or Grama Panchayat; or
(ii)an office as a member of the House of the People or of the Council of States or of the State Legislature.
(2)Where a person is elected as a member of the Parishad-
(i) while holding an elective office under any Samiti or Grama Panchayat, he shall be deemed to have ceased to hold the first elected office; or
(ii)while continuing as a member of the House of the People or of the Council of States or of the State Legislature, he shall be deemed to have ceased to hold the elected offices in the Parishad –
On and from the expiry of a period of thirty days from the date of publication of his name under sub-section (2) of Section 6, unless he submit within that period his resignation in the prescribed manner, from one of such offices.
34.(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, of the decision on the allegation or doubt.
(2)The district Judge shall, after holding an enquiry in the prescribed manner determine whether or not such member is or has become disqualified and his decision shall be final.
(3)Pending such decision the member shall be entitled to act as if he was not disqualified.
35.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 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 elected.
36.(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."
(2)Any such member, President or Vice-President who fails to make, within three months of the date with effect from which he holds office or at any one of the first three meetings of the Parishad which ever is latter, the oath or affirmation as aforesaid, shall cease to hold office as such and thereupon the seat shall become vacant.
(3)No such member, President or Vice-President shall take his seat at a meeting of the Parishad or do any act as such unless he has made the oath or affirmation as provided in this section.