Bare ActsThe ODISHA ZILLA PARISHAD ACT, 1991

Section 31

Powers of officers acting for or in default of Parishad

Amendment status not verified — confirm the current text below against the official source.

Powers of officers acting for or in default of Parishad. - When the Director or person appointed by the Government lawfully take action on behalf, or in default, of a Parishad under this Act, he shall have all such powers as are necessary for the purpose, and shall be entitled to the same protection under this Act, as the Parishad or its employees whose powers he is exercising and compensation shall be recoverable from the Fund of the Parishad by any person suffering damage from the exercise of such 20 powers to the same extent as if the action had been taken by such Parishad or its employees. [31A. State Council of Parishads. - (1) The Government may by notification, constitute a State Council of Parishads to aid and advise the Government in matters relating to the growth and development of Panchayati Raj institutions in the State. (2) The Council shall consist of the following members, namely: (i) Chief Minister; (ii) Minister in charge of Panchayati Raj; (iii) President of Parishad. (3) The Chief Minister and the Minister in charge of Panchayati Raj shall be the Chairman and the Vice-Chairman, respectively of the Council. (4) The Council may co-opt the Ministers in charge of Finance and Planning as its members and may also call for the participation of any officials connected with the development, administration/in its deliberation. (5) The Director shall be the ex officio Secretary of the Council. (6) Without prejudice to the generality of the powers exercisable under Sub- section (1), it shall be competent for the Council to decide all disputes arising between two or more Parishads as may be referred to it from time to time in the manner prescribed.] CHAPTER-V Election Disputes [32. Election disputes. - (1) No election of a person either as a member or as the President or Vice-President of a Parishad held under this Act shall be called in question except by an election petition presented before the District Judge having jurisdiction over the place at which office of the Parishad is situated. (2) For the purpose of Sub-section (1), the provisions contained in Chapter-VI- A (hereinafter referred to in this sections as the said Chapter) of the Orissa Panchayat Samiti Act, 1959 shall mutatis mutandis apply except as hereunder provided : In the said Chapter - (i) the reference to the expression "Samiti" and "Election Commissioner" wherever they occur, shall be construed as reference to "Parishad" and "District Judge" respectively; (ii) an election petition presented before a District Judge may, either suo motu or on application, be transferred to any Additional District Judge; 21 (iii) for Sub-section (3) of Section 44-J the following Sub-section shall be substituted, namely : "(3) In the event of the District Judge declaring a casual vacancy to have been created, it shall direct the appropriate authority to take steps for filling the vacancy" ; and (iv) for Section 44-Q the following section shall be substituted, namely: 44-Q. Any person aggrieved by an order passed by the District Judge may prefer an appeal before the appropriate Court of law exercising civil appellate jurisdiction over the District Judge and in preferring such an appeal the provisions of the Indian Limitation Act, 1963 shall apply.] CHAPTER-VI Miscellaneous

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