Amendment status not verified — confirm the current text below against the official source.
With the implementation of the provisions of the Act, changes were considered necessary from time to time and accordingly several amendments have been made in the meantime. During the year 1957, Government appointed a Committee to look into the working of Grama Panchayats all over the State and to advise, among other matters, if it was necessary to provide any changes and safeguards in the Act and in the tightening of control for the better working of these institutions. The Committee was also required to suggest the methods by which and the directions in which the Act and the rules made thereunder should be im- proved and the administrative control strengthened to achieve better re- sults. The Committee has submitted its report which has been taken into consideration. During January, 1961, Panchayat Raj was introduced all over the State and under this system the three tiers of the system, namely, Parishads, Samitis and Grama Panchayats have to work in close collabora- tion with each other. Keeping the recommendations of the Grama Panchayats Enquiry Committee, the changes brought about by the intro- duction of Panchayats Raj and also the various administrative difficulties experienced in the working of Grama Panchayats in the State in view, it has been found necessary to consolidate and re-enact the law relating to Grama Panchayats in the State. The Bill seeks to achieve this objective. *. Published vide Orissa Gazette Ext./22.1.1965-O.A. No. 1 of 1965. For Statement of Objects and Reasons see Orissa Gazette Ext. No. 488/ 9.9.1962 and for Report of the Select Committee see Orissa Gazette Ext. No. 538/27.3.1964. The Odisha Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY GRAMA PANCHAYATS MANUAL 2 STATEMENT OF OBJECTS AND REASONS The Orissa Grama Panchayats Act, 1964 was amended in the year, 1994 and its provisions were brought in the tune of the Constitutions (73th Amendment) Act, 1992. Prior to the Orissa Zilla Parishad Act, 1991 was amended in the year 1993 to bring its provisions in conformity with the aforesaid constitutional amendments. Thereafter two sets of Rules namely, the Orissa Zilla Parishad (Delimitation and Reservation of Con- stituencies) Rules, 1994 and the Orissa Zilla Parishad Election Rules, 1994 were framed by the State Government which prescribed the manner of determining a Parishad Constituency, Reservation of such Constituencies for the members of Scheduled Caste, Scheduled Tribe and women and manner of holding elections to the Parishad. The aforesaid two rules were challenged before the Hon'ble Orissa High Court in a number of writ Peti- tions when the election to Zilla Parishads was announced by Government on 17.10.1994. The Hon'ble Orissa High Court in their common judgment dated 21.12.1994 have held that some provisions of both the Orissa Zilla Parishad Election Rules, 1994 and the Orissa Zilla Parishad (Delimitation and Reservation of Constituencies) Rules, 1994 suffer from the vice of excessive delegation and these rules cannot be regarded as law within the meaning of Article 243-C and Article 243-K of the Constitution in as much as they are not framed by the State Legislature. On the other hand these rules have been framed by Government in exercise of powers under Sec. 51 of the Orissa Zilla Parishad Act. The Hon'ble High Court have observed that those rules are not based on any declared legislative policy and are inadequate to ensure a fair election. Para 27 of the judgment (OJC No. 6833/1994) is reproduced below : "27. In the conclusion; we have no hesitation to hold that the De- limitation Rules and the Election Rules are based on no declared legislative policy and also suffer from vice of excessive delegation. These rules are also efficient to ensure a fair election as the Constitution contemplates of a free and fair election and requires the State Legislature to make law to achieve the said object. The State Legislature should take steps in that behalf to make law as required under Article 243-C and Article 243-K of the Constitution taking care all the matters specifically dealt within this judgment." Keeping in view the aforesaid observation of the Hon'ble High Court, the identical provisions in the Orissa Grama Panchayats Act, 1964 re- quires suitable amendments. Besides, there is no provision in the Act for reservation of seats in favour of Backward Class of Citizens in a Grama Panchayat. In order to meet the ends of social justice and upliftment of such Citizens, it is neces- sary that they should be adequately represented in the Grama Panchayats. Accordingly twenty-seven per cent of seats has been proposed to be re- served in favour of Backward Class of Citizens in a Grama Panchayat. In the aforesaid premises it is necessary to amend the Orissa Grama Panchayat Act, 1964. The Bill seeks to achieve the above objects. 3 CHAPTER - I PRELIMINARY