Amendment status not verified — confirm the current text below against the official source.
Annual report. - (1) The Parishad shall prepare in such form and at such time each year as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Government. (2) The Government shall lay on the table of the Legislature all such reports together with their comments thereon. (3) Every Parishad shall furnish to the Government such returns, statistics and other information with respect to its activities as the Government may from time to time require. [6. Members of Parishad.] - (1) The Parishad shall consist of the following members, 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 (3-A) Subject to Article 243-C of 7 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 Schedule 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.] (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 per centum 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 [and shall be allotted by rotation to different constituencies thereof] : Provided that where, after reservation of the required number of seats of 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 per centum 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 the 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.] 8 (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, [the Scheduled Tribes and the backward class of citizens)] 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 different constituencies in the Parishad. (d) [* * *] [(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 seat therein shall be reserved for the purpose of Clauses (a), (b) [(b-1), (b-2)] 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 part 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. (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 respectively and shall rotate in descending order at every general election [and in case of backward class of citizens such reservation and rotation shall be in the prescribed manner]. (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 arranges 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 : 9 (i) reservation of constituencies for women shall be made for the Scheduled Castes at the first instance [then for the Scheduled Tribes and thereafter for the backward class of citizens], and in computing one third of the total number of constituencies, the constituencies reserved for women belonging to the Scheduled Castes [the Scheduled Tribes and the backward class of citizens] 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, the Scheduled Tribes and the backward class of citizens, 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 may be, but not less than; one third of the constituencies reserved for the members of the Scheduled Castes, the Scheduled Tribes and backward class of the citizens shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the backward class of the citizens 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 alteration as may be 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 reservations shown therein have been made in accordance with the procedure provided herein before, accord its approval and published the same in the Gazette whereupon, the division of the Parishad area into constituencies and reservation of seats therein shall become final.] [(3-B) The reservation of seats under Clauses (a) and (b) of Subsection (3) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.] 10 (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 candidates 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 the Representation of the People Act, 1951 shall mutatis mutandis apply for the purpose of election to Parishads in the following matter, 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 for 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 symbols" means the symbol allotted to a particular political party under the Elections Symbols (Reservation and Allotment) Order, 1968; and (c) "political party" means a '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: 11 Provided that such nomination shall not exceed one-tenth of the total members to be elected under Clause (a) of Sub-section (1).] [6A. Superintendence, direction and control of elections to vest in State Election Commission. - (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]. [(4) The Election Officers, Presiding Officers and any other officers appointed or designated for the time being for the conduct of elections under this Act shall be deemed to be on deputation to the Election Commission for the period commencing on the date of the notification calling for such election and ending with the date of declaration of the results of such election and, accordingly, such officers shall, during that period, be subject to the control, superintendence and discipline of the Election Commission.] [7. Duration of Parishads. - (1) Every Parishad, unless sooner dissolved-under this Act, shall continue for five years from the date appointed for 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 subsection (1) had it not been so dissolved.] [8. Election of President and Vice-President.] - (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 within twenty-two days, but not before the expiry of seven days, from the date of] publication of the names under Sub- section (2) of Section 6, elect in the prescribed manner a President from among them; 12 (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 office of the President is not reserved under this Act for women or where a President elected under this Act is not a woman, 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 Presidents 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 officers as the population of the Scheduled Castes and the Scheduled Tribes respectively in the State bears to the total population of the State [* * *] : [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 Presidents reserved under Clause (a) shall be reserved for women belonging to the Scheduled Castes or. as the case may be, the Scheduled Tribes; (c) as nearly as may be, twenty-seven per centum of the offices of Presidents in Parishads shall also be reserved in favour of backward class of citizens as referred to in Clause (6) of Article 243-D of the Constitution; (d) as nearly as may be, one-third of the total number of offices of Presidents reserved under Clause (c) shall be reserved for women belonging to the backward class of citizens; and (e) as nearly as may be, but not less than, one-third (including the number of offices reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the backward class of citizens) of the total number of offices of Presidents in Parishads shall be reserved for women]. [(3) Reservation of offices of President under Sub-section (2) for the Scheduled Castes, the Scheduled Tribes, [Backward class of citizens and women] shall be made by Government by rotation among different Parishads and their 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, [Backward class of citizens and women] shall, as far as may be, be applicable for the 13 purpose of reservation of offices of Presidents to be made by the Government under Sub-section (3)]. [(5) The reservation of offices of Presidents under Clauses (a) and (b) of Sub- section (2) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.]