The ODISHA GRAMA PANCHAYATS ACT, 1964

odisha · 1965

The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.

S. 1Substituted vide O
S. 2Substituted vide Orissa Act No
S. 3Added ibid
S. 4Substituted ibid
S. 5Substituted vide Orissa Gazette Ext
S. 6Section 6 establishes Palli Sabha, a village assembly, to meet annually and provide recommendations to the Grama Panchayat.
S. 7Section 7 establishes Grama Panchayat as the executive authority for Grama Sasan.
S. 8Section 8 outlines the process for determining and delimiting wards for Grama Panchayats in Odisha.
S. 10Section 10 outlines the composition and reservation of seats for Scheduled Castes, Tribes, and women in Grama Panchayats in Odisha.
S. 11Section 11 outlines the eligibility criteria for members of Grama Panchayat, barring certain candidates from standing for Sarpanch or multiple ward positions.
S. 12Section 12 outlines the conditions and timelines for general elections to constitute or reconstitute a Grama Panchayat in Odisha.
S. 13Section 13 provides for nomination by Sub-Divisional Officer if no election or candidate is found for Sarpanch or other Panchayat member positions.
S. 14Section 14 outlines the election process for Naib-Sarpanch in Grama Panchayats, reserving the position for women if the Sarpanch is not.
S. 15Section 15 mandates the publication of elected or nominated Grama Panchayat members' names after elections or nominations.
S. 16Section 16 outlines the process for filling casual vacancies in Grama Panchayat offices, directing officials to report and elect new members as per the Act.
S. 17Section 17 outlines the term of office for members of Grama Panchayat, including Sarpanch and other members, which lasts five years.
S. 18Incidents of Office :– (1) The Office of the members of the Grama Panchayat shall be honorary
S. 19Section 19 outlines the powers, duties, and functions of the Sarpanch in executing the Grama Panchayat's responsibilities.
S. 20Section 20 allows a Sarpanch to refer Grama Panchayat decisions to the Sub-divisional Officer if they seem unjust or harmful.
S. 21Section 21 outlines the powers, duties, and functions of the Naib-Sarpanch in the Odisha Grama Panchayats Act, 1964.
S. 22Section 22 grants Grama Panchayat members rights to access records, propose resolutions, and inspect works for irregularities.
S. 23Section 23 outlines the process for resignation by members and officials of a Grama Panchayat in Odisha.
S. 24Section 24 allows a two-thirds majority vote in a specially convened Grama Panchayat meeting to remove the Sarpanch or Naib-Sarpanch.
S. 25Section 25 lists various disqualifications for membership in a Grama Panchayat under the Odisha Grama Panchayats Act, 1964.
S. 26Section 26 outlines the procedure for determining and addressing disqualification of Sarpanch, Naib-Sarpanch, or other Panchayat members in Odisha.
S. 27Section 27 outlines the procedure for conducting elections for Grama Panchayat members, Sarpanch, and Naib-Sarpanch, and allows the State Government to make rules for election conduct.
S. 28Section prohibits state government and local authority employees from interfering in elections, risking job termination for violations.
S. 29Section 29 penalizes various election offenses during grama panchayat elections in Odisha, including tampering with nomination papers and ballot boxes.
S. 30Section 30 specifies that election petitions challenging Grama Panchayat members or Sarpanch must be filed according to Chapter V provisions.
S. 31Section 31 outlines the process for presenting election petitions against Grama Panchayat members within 15 days.
S. 32Parties to the Petition :– (1) The Petition may be presented by any person who has filed his nomination
S. 33Section 33 outlines the required contents and verification process for election petitions challenging the conduct of corrupt practices in Odisha Grama Panchayats.
S. 34Section 34 allows petitioners to claim declarations of election voidness or successful election.
S. 35Section 35 outlines the procedure for election petitions to be tried by a Civil Judge (Junior Division) under the Odisha Grama Panchayats Act, 1964.
S. 36—
S. 37Section 37 grants a Civil Judge (Junior Division) powers equivalent to a civil court for specific legal procedures.
S. 38Section 38 outlines the process for judicial review and appeal of election petitions in Odisha Grama Panchayats Act, 1964.
S. 39Section 39 outlines grounds for declaring a village election void under the Odisha Grama Panchayats Act, 1964.
S. 40Section 40 allows a candidate to be declared elected if the Civil Judge finds they received a majority or would have if not for the returned candidate's corrupt practice.
S. 41Section 41 defines corrupt practices in electoral processes, including bribery and undue influence.
S. 42Withdrawal of Petition :– The Petitioner may, at any time, with- draw the election Petition filed by him
S. 43Abatement of Petition :– A election Petition shall abate only on the death of the Petitioner
S. 44Section 44 mandates Grama Panchayats to manage and oversee specified obligatory functions within their financial limits.
S. 45Section 45 empowers the Grama Panchayat to manage various village development and welfare activities with state government approval.
S. 46Section 46 allows local or government authorities to delegate duties to Grama Panchayats, but only if they choose to do so.
S. 47Section 47 empowers the State Government or Samiti to delegate development work execution to Grama Panchayats and allows them to take over properties or institutions with Collector's approval.
S. 48Section 48 mandates the Grama Panchayat to advise the State Government on matters referred to it.
S. 49Section 49 grants Grama Panchayat control over public streets and waterways for maintenance, repair, and improvements.
S. 50Section 50 empowers Grama Panchayats to require private water sources to be maintained, cleaned, protected, and used only if safe for public health.
S. 51Section 51 mandates Grama Panchayat to provide water supply, construct water facilities, and maintain water sources.
S. 52Section 52 empowers Grama Panchayats to order sanitation improvements, including cleaning and repairing drains and latrines, and constructing private drains.
S. 53Section 53 mandates Grama Panchayats to arrange for street cleaning, waste removal, and prohibits improper disposal of waste and animal carcasses.
S. 54Section 54 mandates Grama Panchayat to remove water hyacinth and other pests, and may charge residents for costs unless they provide free labor.
S. 55Section 55 allows Grama Panchayats to regulate and license specific industries and factories within their area, including dangerous trades, with Collector's prior approval.
S. 56Section 56 allows a Grama Panchayat to prohibit enclosed public entertainment venues from operating without a license after notifying the Collector.
S. 57Section 57 allows Grama Panchayat to levy fees for licenses under Sections 55 and 56, subject to state government-set maximums.
S. 58Section 58 empowers Grama Panchayats to manage public markets, set fees, and enforce market regulations.
S. 59Section 59 prohibits opening new private markets without a one-year license from the Grama Panchayat, renewable annually.
S. 60The section grants, modifies, suspends, cancels, and closes private market licenses under Grama Panchayat's conditions.
S. 61Section 61 determines that disputes about whether a place is a market are referred to the State Government for final decision.
S. 62Section 62 prohibits selling animals or items in markets without Grama Panchayat permission.
S. 63Section 63 prohibits the sale of animals or articles on public roads by Grama Panchayat.
S. 64Section 64 allows Grama Panchayat to dispose of corpses after 24 hours, covering expenses from the deceased's estate.
S. 65—
S. 66—
S. 67—
S. 68Section penalizes unauthorized use of premises requiring a license, with fines up to ₹100 for first offense and ₹5 daily thereafter.
S. 69—
S. 70Section 70 empowers Grama Panchayats to declare pest-infected areas and promote improved agricultural methods, subject to state approval.
S. 71Section 71 vests specified public properties in the Grama Sasan for management and control under the Odisha Grama Panchayats Act, 1964.
S. 72Section 72 allows the State Government to apportion ferry or market income among local authorities and transfer management to another entity.
S. 73Section 73 allows the State Government to allocate or withdraw public properties from the Grama Panchayat based on public interest and proper use.
S. 74Section 74 allows Grama Sasan to acquire land for public purposes after failed negotiations, with compensation.
S. 75Section 75 allows Grama Panchayat to transfer property management to Samiti or Parishad with Collector's approval.
S. 76Section 76 regulates the disposal of property by Grama Panchayats, requiring budget provisions for movable property and State Government or Collector's sanction for immovable property.
S. 77Section 77 outlines the procedure for making contracts on behalf of Grama Sasan, requiring Sarpanch approval for certain contracts and immovable property acquisitions.
S. 78—
S. 79—
S. 80—
S. 81—
S. 82—
S. 83Section 83 of the Odisha Grama Panchayats Act, 1964 authorizes Grama Panchayats to levy various taxes and fees for local services and infrastructure.
S. 84—
S. 85—
S. 86Section 86 mandates Grama Panchayats to impose and publish vehicle taxes, exempting bonafide dealers, and outlines payment terms.
S. 87Section 87 grants a vehicle license to the taxpayer after payment of vehicle tax for the current or half-year.
S. 88Section 88 mandates tax payment and licensing for vehicles in the absence of resident owners.
S. 89Section 89 prevents double taxation for vehicle tax between Grama Panchayats and Municipal Councils, with disputes referred to the State Government.
S. 90Section 90 outlines procedures for tax assessment, review, and revisions by the Collector in Odisha.
S. 91Section 91 empowers the Collector to mandate Grama Panchayat to impose or enhance taxes if funds are insufficient for its duties.
S. 92Section 92 ensures taxes under the Act are valid despite formal defects and government properties are not exempt from taxation.
S. 93Section 93 establishes a Grama Fund for every Grama Sasan, crediting it with various revenues, fines, and other income sources.
S. 94Section 94 outlines the management, custody, and investment of the Grama Fund by the Grama Panchayat.
S. 95Section 95 allows the Grama Sasan to borrow money with state government approval for its purposes.
S. 96Section 96 prioritizes Grama Fund payments for loan repayment, trust obligations, salaries, service maintenance, and electoral expenses.
S. 97Section 97 directs the application of Grama Panchayat's funds for local purposes, with exceptions for contributions to education, health, and cultural development.
S. 98Section 98 mandates the Sarpanch to prepare and submit budget estimates to the Grama Panchayat for approval and subsequent review by Grama Sasan.
S. 99—
S. 100Section mandates Grama Panchayat to maintain and publish regular accounts of fund receipts and disbursements.
S. 101Date and manner of payment of taxes, etc
S. 102Section 102 outlines the process for Grama Panchayats to recover taxes, tolls, rates, rents, and fees, including bill presentation, appeals, and demand writs.
S. 103Section 103 allows Grama Panchayat to seize unpaid vehicle tax vehicles, sell them if unclaimed, and apply proceeds to tax, penalties, and expenses.
S. 104Section 104 allows the Grama Panchayat to write off dues with Samiti approval if undue hardship or irrecoverability is proven.
S. 105Section 105 ensures the provisions of this chapter override other laws and prohibits distress recovery of dues older than three or six years.
S. 106If Grama Panchayat fails to recover dues, the Sub-divisional Officer can do it on its behalf after giving Panchayat a chance to act.
S. 107Section 107 allows the Grama Sasan to sue in court for unpaid amounts due under the Odisha Grama Panchayats Act.
S. 108Amount of tax, etc
S. 109Section 109 grants the Director, Collector, or authorized officer oversight and supervision over Grama Panchayats.
S. 110Section 110 grants officials oversight powers to inspect and supervise Grama Panchayats' records, finances, and properties.
S. 111Section 111 mandates Grama Panchayat officials to provide authorized officers access to records and premises for inspections, with penalties for non-compliance.
S. 112Section 112 allows the Collector to assign government officers to advise and assist Grama Panchayats on development matters.
S. 113Section 113 allows the Samiti to act for a disabled Grama Panchayat when the Collector deems it necessary.
S. 114Section 114 empowers the Sub-divisional Officer to rescind, modify, or confirm Grama Panchayat resolutions or orders deemed inappropriate.
S. 115Section 115 allows the State Government to suspend or remove a Sarpanch or Naib-Sarpanch for misconduct or abuse of power.
S. 116Section 116 allows the State Government to dissolve and reconstitute Grama Panchayats for incompetence or abuse of power.
S. 117Section 117 allows the State Government to supersede and extend the term of a Grama Panchayat if it is deemed incompetent or abusive, up to six months.
S. 118Section 118 specifies that assets of dissolved or superseded Grama Panchayats are transferred to the Collector or new Panchayat.
S. 119Section 119 empowers the Collector to direct Grama Panchayat or Sarpanch to fulfill duties and ensure expenses are paid from the Grama Fund.
S. 120Section 120 allows the State Government to review and potentially revise certain orders if made under mistake or ignorance of material facts.
S. 121Section 121 empowers Sub-divisional Officers to recover records and money from former Grama Panchayat officials who refuse to return them.
S. 124Section 124 outlines the meeting procedures for the Grama Panchayat, including monthly regular meetings, special meetings, quorum requirements, and participation rights.
S. 125Section 125 establishes standing and ad hoc committees for Grama Panchayat's efficient functioning and duties.
S. 126Section 126 allows multiple Grama Panchayats to form a Joint Committee to handle shared interests and resolve disputes through a final authority.
S. 127Section 127 ensures that vacancies or constitutional defects do not invalidate proceedings of village councils or committees.
S. 128Section 128 imposes fines for non-compliance with Odisha Grama Panchayats Act provisions.
S. 129Section 129 imposes fines for rule and bye-law violations by the State Government or Grama Panchayat.
S. 130Section penalizes tampering with Grama Panchayat property without permission, with fines and damage recovery.
S. 131Section 131 allows Grama Panchayat to compel non-compliant persons to execute works and recover expenses.
S. 132Notice not to be invalid for defect of form :– No notice shall be invalid for defect of form
S. 133Section 133 allows appeals against Grama Panchayat orders to Sub-divisional Officer and Collector, with final orders.
S. 134Section 134 prevents any challenge to previous orders except through the specified authority.
S. 135Section 135 allows suspension of enforcement and prosecution for breaches pending appeal decisions on specified orders.
S. 136Section 136 allows a Grama Panchayat to settle offenses against the Act before or after proceedings, with no further action taken and funds credited to the Grama Fund.
S. 137—
S. 138Section 138 of the Odisha Grama Panchayats Act, 1964, prohibits suits against Grama Panchayats or their officials without prior notice and a six-month statute of limitations.
S. 139Section 139 protects Grama Panchayat officials from suits or prosecutions for actions done in good faith under the Act.
S. 140Section 140 mandates police to inform Grama Panchayat of offenses against the Act and assist them in lawful duties.
S. 141Section 141 penalizes former Grama Panchayat officials for failing to return government documents, cash, or property within seven days, with imprisonment and fines.
S. 142The State Government can delegate its powers under the Act to subordinate officers, except for specific sections.
S. 143Section 143 deems all Grama Panchayat members, officers, and contractors as public servants under the Indian Penal Code.
S. 144Section 144 holds members and officials personally liable for misusing Grama Sasan funds through neglect.
S. 145Section 145 holds officers and employees accountable for any loss due to their neglect or misconduct in managing Grama Sasan funds.
S. 146Section 146 resolves disputes between Grama Sasans and other local authorities, assigning decision-making to various officials based on jurisdiction and allowing appeals to higher authorities.
S. 147Section 147 outlines the process for resolving disputes over property ownership between the Grama Sasan and individuals, including appeals and legal recourse.
S. 148Section 148 details the reconstitution process of Grama Panchayats when areas are merged or split.
S. 149Section 149 outlines procedures for the abolition or reconstitution of Gramas, including asset management, staff service terms, and committee reorganization.
S. 150Section 150 outlines conditions for valid suspension or removal of Sarpanch, requiring wilful misconduct and specific criteria.
S. 151Section 151 allows Grama Panchayat, with state approval, to create bye-laws for its functions.
S. 152Section 152 allows the State Government to issue orders and take actions to resolve issues for proper functioning of local bodies under the Act.
S. 153Section 153 repeals the 1948 Orissa Grama Panchayats Act, retaining its provisions under the 1964 Act.
S. 154Section 154 preserves existing rules and orders for Panchayat Police and Adalti Panchayats under the Odisha Grama Panchayats Act.
S. 508Section 508 specifies that election petitions, not writ petitions, address issues in the election of members or Sarpanch, except in extraordinary cases.
S. 597Section 597 discusses the government's view on High Court interference under Article 115(2) with respect to constitutional provisions.
S. 671Section 3 of the Odisha Grama Panchayats Act outlines the government's discretionary power to constitute and relocate Grama Panchayats, emphasizing decisions must be based on relevant considerations.
S. 1948Section 1948 outlines the need for amendments and consolidation of the Odisha Grama Panchayats Act, 1964 based on committee recommendations and administrative changes.