Amendment status not verified — confirm the current text below against the official source.
Znscrrcd by the Orism Bhoodnn and Grarndan ( ~ m c o d m e n t ) G 1979 (Or. Act 23 of 1979) S. 5. (c) is not functioning in a manner consistent with the provisions of this Act or the rules framed there under , they may, by notification, and stating the reascns therefor, supersede the Grama Parishad for such period not exceeding one year as may be specifled therein : Provided that before issuing any such notifica- tion, the State Government shall give an opportunity to the Grama Parishad to show cause why it :should not be superseded and shall consider the ex Ianations f and objections, if any, filed by the Paris ad within one month from the date of receipt of the show cause notice and shall also consult the Samiti. , (2) Upon publication of a notification under sub- section ( I ) superseding the Grama Parishad- (a) the President and Vice-President of the Grama Parishad and the Presidents and, the members of all committees constituted : by it shall, with effect from the date of. notification, vacate their ofices as such; (b) all the powers and duties of the Grama Parishad shall, during the period of super- ' session, be exercised and performed by such .person or persons as the State Government ' may, from time to time, appoint in this behalf ; and , . I . . . , . (c) a11 properties vested in the Gramn Parishad shall vest in the State Government. (3) On or befo~e the expiration of the pried ,' of supersession specified in the notification issucd under sub-section ( I ) , the State Government may ex-. tend the period of supersession for: such further . period, not exceeding one year at a time, as they - may consider necessary, and on the expiration of the period of supersession either as originally specified or as extended, the Grama Parishad shall resume its functions and elect its Presidd and Vice-President and constitute the Committee in the manner provided in this Act : Provided that the State Governii;ent may, at any time before the expiration of the period of super- session, by notification, reduce the said period. l78-73 (a) b r v 1 THE ORISSA BHO~DAB AND GRAMDAN Am, 1970 log. &T (4) The income derived from the Grcirndan Village during the period of supersession, shaIl first be utiliwd towards the cost of management during the period of supersession and liquidation of liabili- tres of the Grama Pasishad and the balance, if any, sball be Credited to the fund of the Grama Parishad. CHAPTER 1V Canceilrtion of grant '126-8 (1) Whenever it comes to the notice of- or allotment (a) the Samiti, that any person to whom land nas been granted under sectiod 14; or (b) the Grama Parishad, that any person to whom land has be-en alIotted under clause (a) of section 19. was not a landless person when such grant or allot- m'eilt was made, the Samiti or the Grarca Parishad, as the case may he, may, after giving the person comtirned a rqasonable opportunity of being heard and aftet maklng such enquiry as it deem fit, make an order cancelling the graut or the allotment, as the case may be : Provided that no proceedings under this Sub- section shalt be inttiated after the expiry of a period of thirty years from the date of the grant or allotment. (2) Upon an order of canceilation being made upder sub-section (1), the rights and interest of all persons holdibg the land 20 which the order relates shall stand extinguished and the land shall rever to fie Saimiti or the Grama Pa-tishad, -a9 the case may be, free from a11 encumbrances; ajhd it shall be the duty of the pkson in possession of the land to deliver po~ssession thereof to the Samiti o? the Grarna Parishad, as the case may be, within thirty days from the date of the order. (3) If possession is not delivered in accordance with the provisions of sub-section (J), the .Samiti or the Grama Parishad, as the case may be, may make -- - I . Ioserlcd bithe Orissa Bhoodaa and Gramdan (Amcndrnent) Act. 1978 (Q:. :kt 22 of 197CI), s. 2. an application to the Tahsildar having jurisdiction for eviction of the person in possession of the Iand whereupon the Tahsidar shall evict such person in the manner provided in sub-section 12) of section 23 and restore possession of the land to the S.amiti or the Grama Parishad, as the case may be. 26-B (1) If any person is :found to be in unau- f;E;h"jzs: thorised occupation of any land, the rigkt,title and occupsnts. interest wherein has vcsted in the Snmiti, the Tahsil- dar having jurisdiction may, on an application by the Samiti, made in that behalf within thirty years from the date when such occupation comes to the :knowledge of the applicant, and after making such enquiry .as he deems necessary, pass an order .requiring the person in such occupation to .vacate the land and to deliver possession thereof to the applicant within such date, not being earlier than thirty days from the date of the order, as may be specified in the order : Provided that no such order shall be passed ,without giving the person concerned a reasonable apportunity of being heard. Explanation-" Unauthorised occupation" means .tke occupation of laud otherwise than in accordance with the provisions af this Act. (2) if the person in unau thorised occupation of the land fails to comply with the order passed qnder ,sub-section (I), the TahsiIdar shall evict him from the land and restore possession thereof to the applicant.) '[27. Any person aggrieved by an osder passer' Appeal Qr made by- (u) the Tahsildar under sub-section (3) of section 13, or under sub-section (1) of section 26-B; or (b) the Samiti or Grama Parishad, as the case may be, under sub-section (1)of sectio n 26-A, may, within4hirty days from the date of the order, prefer an appeal before the Subdivisional Officer within whose jurisdiction the Iand is situated.]